STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
61ST LEGISLATIVE DAY
Perfunctory Session
FRIDAY, MAY 18, 2001
4:00 O'CLOCK P.M.
NO. 61
[May 18, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 61st Legislative Day Action Page(s) Adjournment........................................ 235 Change of Sponsorship.............................. 219 Extending the Deadline............................. 12 Temporary Committee Assignments.................... 12 Bill Number Legislative Action Page(s) HB 0002 Senate Message - Passage w/ SA..................... 109 HB 0030 Re-referred........................................ 12 HB 0030 Re-referred........................................ 12 HB 0039 Senate Message - Passage w/ SA..................... 109 HB 0047 Re-referred........................................ 12 HB 0047 Re-referred........................................ 12 HB 0063 Re-referred........................................ 12 HB 0063 Re-referred........................................ 12 HB 0148 Senate Message - Passage w/ SA..................... 42 HB 0172 Re-referred........................................ 12 HB 0172 Re-referred........................................ 12 HB 0201 Senate Message - Passage w/ SA..................... 17 HB 0215 Senate Message - Passage w/ SA..................... 141 HB 0256 Extend deadline.................................... 13 HB 0273 Senate Message - Passage w/ SA..................... 49 HB 0279 Senate Message - Passage w/ SA..................... 19 HB 0335 Senate Message - Passage w/ SA..................... 20 HB 0378 Re-referred........................................ 12 HB 0378 Re-referred........................................ 12 HB 0418 Senate Message - Passage w/ SA..................... 22 HB 0464 Re-referred........................................ 12 HB 0464 Re-referred........................................ 12 HB 0466 Re-referred........................................ 12 HB 0466 Re-referred........................................ 12 HB 0512 Senate Message - Passage w/ SA..................... 50 HB 0558 Re-referred........................................ 12 HB 0558 Re-referred........................................ 12 HB 0559 Re-referred........................................ 12 HB 0559 Re-referred........................................ 12 HB 0560 Re-referred........................................ 12 HB 0560 Re-referred........................................ 12 HB 0561 Re-referred........................................ 12 HB 0561 Re-referred........................................ 12 HB 0572 Senate Message - Passage w/ SA..................... 53 HB 0678 Senate Message - Passage w/ SA..................... 54 HB 0764 Re-referred........................................ 12 HB 0764 Re-referred........................................ 12 HB 0854 Senate Message - Passage w/ SA..................... 23 HB 0888 Senate Message - Passage w/ SA..................... 54 HB 0919 Extend deadline.................................... 13 HB 0922 Senate Message - Passage w/ SA..................... 142 HB 0923 Re-referred........................................ 12 HB 0923 Re-referred........................................ 12 HB 1000 Senate Message - Passage w/ SA..................... 58 HB 1011 Senate Message - Passage w/ SA..................... 59 HB 1096 Senate Message - Passage w/ SA..................... 61 HB 1148 Senate Message - Passage w/ SA..................... 63 HB 1277 Senate Message - Passage w/ SA..................... 65 HB 1356 Senate Message - Passage w/ SA..................... 66 HB 1492 Extend deadline.................................... 13
3 [May 18, 2001] Bill Number Legislative Action Page(s) HB 1493 Senate Message - Passage w/ SA..................... 69 HB 1623 Senate Message - Passage w/ SA..................... 70 HB 1640 Senate Message - Passage w/ SA..................... 34 HB 1689 Extend deadline.................................... 13 HB 1692 Senate Message - Passage w/ SA..................... 71 HB 1728 Senate Message - Passage w/ SA..................... 34 HB 1750 Re-referred........................................ 12 HB 1750 Re-referred........................................ 12 HB 1751 Re-referred........................................ 12 HB 1751 Re-referred........................................ 12 HB 1752 Re-referred........................................ 12 HB 1752 Re-referred........................................ 12 HB 1753 Re-referred........................................ 12 HB 1753 Re-referred........................................ 12 HB 1754 Re-referred........................................ 12 HB 1754 Re-referred........................................ 12 HB 1810 Senate Message - Passage w/ SA..................... 72 HB 1836 Re-referred........................................ 12 HB 1836 Re-referred........................................ 12 HB 1840 Senate Message - Passage w/ SA..................... 80 HB 1887 Senate Message - Passage w/ SA..................... 37 HB 1908 Senate Message - Passage w/ SA..................... 85 HB 1964 Extend deadline.................................... 13 HB 1970 Senate Message - Passage w/ SA..................... 86 HB 2115 Re-referred........................................ 12 HB 2115 Re-referred........................................ 12 HB 2116 Re-referred........................................ 12 HB 2116 Re-referred........................................ 12 HB 2117 Re-referred........................................ 12 HB 2117 Re-referred........................................ 12 HB 2119 Re-referred........................................ 12 HB 2119 Re-referred........................................ 12 HB 2128 Re-referred........................................ 12 HB 2128 Re-referred........................................ 12 HB 2131 Re-referred........................................ 12 HB 2131 Re-referred........................................ 12 HB 2132 Re-referred........................................ 12 HB 2132 Re-referred........................................ 12 HB 2133 Re-referred........................................ 12 HB 2133 Re-referred........................................ 12 HB 2134 Re-referred........................................ 12 HB 2134 Re-referred........................................ 12 HB 2135 Re-referred........................................ 12 HB 2135 Re-referred........................................ 12 HB 2136 Re-referred........................................ 12 HB 2136 Re-referred........................................ 12 HB 2161 Senate Message - Passage w/ SA..................... 105 HB 2192 Re-referred........................................ 12 HB 2192 Re-referred........................................ 12 HB 2196 Re-referred........................................ 12 HB 2196 Re-referred........................................ 12 HB 2207 Senate Message - Passage w/ SA..................... 87 HB 2215 Extend deadline.................................... 13 HB 2228 Senate Message - Passage w/ SA..................... 89 HB 2265 Senate Message - Passage w/ SA..................... 108 HB 2283 Senate Message - Passage w/ SA..................... 40 HB 2317 Re-referred........................................ 12 HB 2317 Re-referred........................................ 12 HB 2318 Re-referred........................................ 12 HB 2318 Re-referred........................................ 12 HB 2319 Re-referred........................................ 12 HB 2319 Re-referred........................................ 12 HB 2320 Re-referred........................................ 12 HB 2320 Re-referred........................................ 12
[May 18, 2001] 4 Bill Number Legislative Action Page(s) HB 2321 Re-referred........................................ 12 HB 2321 Re-referred........................................ 12 HB 2322 Re-referred........................................ 12 HB 2322 Re-referred........................................ 12 HB 2323 Re-referred........................................ 12 HB 2323 Re-referred........................................ 12 HB 2324 Re-referred........................................ 12 HB 2324 Re-referred........................................ 12 HB 2325 Re-referred........................................ 12 HB 2325 Re-referred........................................ 12 HB 2326 Re-referred........................................ 12 HB 2326 Re-referred........................................ 12 HB 2327 Re-referred........................................ 12 HB 2327 Re-referred........................................ 12 HB 2328 Re-referred........................................ 12 HB 2328 Re-referred........................................ 12 HB 2329 Re-referred........................................ 12 HB 2329 Re-referred........................................ 12 HB 2330 Re-referred........................................ 12 HB 2330 Re-referred........................................ 12 HB 2331 Re-referred........................................ 12 HB 2331 Re-referred........................................ 12 HB 2332 Re-referred........................................ 12 HB 2332 Re-referred........................................ 12 HB 2334 Re-referred........................................ 12 HB 2334 Re-referred........................................ 12 HB 2335 Re-referred........................................ 12 HB 2335 Re-referred........................................ 12 HB 2336 Re-referred........................................ 12 HB 2336 Re-referred........................................ 12 HB 2337 Re-referred........................................ 12 HB 2337 Re-referred........................................ 12 HB 2338 Re-referred........................................ 12 HB 2338 Re-referred........................................ 12 HB 2339 Re-referred........................................ 12 HB 2339 Re-referred........................................ 12 HB 2340 Re-referred........................................ 12 HB 2340 Re-referred........................................ 12 HB 2341 Re-referred........................................ 12 HB 2341 Re-referred........................................ 12 HB 2342 Re-referred........................................ 12 HB 2342 Re-referred........................................ 12 HB 2343 Re-referred........................................ 12 HB 2343 Re-referred........................................ 12 HB 2344 Re-referred........................................ 12 HB 2344 Re-referred........................................ 12 HB 2345 Re-referred........................................ 12 HB 2345 Re-referred........................................ 12 HB 2346 Re-referred........................................ 12 HB 2346 Re-referred........................................ 12 HB 2347 Re-referred........................................ 12 HB 2347 Re-referred........................................ 12 HB 2348 Re-referred........................................ 12 HB 2348 Re-referred........................................ 12 HB 2349 Re-referred........................................ 12 HB 2349 Re-referred........................................ 12 HB 2350 Re-referred........................................ 12 HB 2350 Re-referred........................................ 12 HB 2351 Re-referred........................................ 12 HB 2351 Re-referred........................................ 12 HB 2352 Re-referred........................................ 12 HB 2352 Re-referred........................................ 12 HB 2353 Re-referred........................................ 12 HB 2353 Re-referred........................................ 12
5 [May 18, 2001] Bill Number Legislative Action Page(s) HB 2370 Extend deadline.................................... 13 HB 2380 Senate Message - Passage w/ SA..................... 90 HB 2391 Senate Message - Passage w/ SA..................... 104 HB 2392 Senate Message - Passage w/ SA..................... 216 HB 2419 Senate Message - Passage w/ SA..................... 217 HB 2439 Senate Message - Passage w/ SA..................... 144 HB 2469 Re-referred........................................ 12 HB 2469 Re-referred........................................ 12 HB 2471 Re-referred........................................ 12 HB 2471 Re-referred........................................ 12 HB 2503 Re-referred........................................ 12 HB 2503 Re-referred........................................ 12 HB 2506 Re-referred........................................ 12 HB 2506 Re-referred........................................ 12 HB 2508 Re-referred........................................ 12 HB 2508 Re-referred........................................ 12 HB 2522 Re-referred........................................ 12 HB 2522 Re-referred........................................ 12 HB 2555 Re-referred........................................ 12 HB 2555 Re-referred........................................ 12 HB 2595 Senate Message - Passage w/ SA..................... 218 HB 2603 Re-referred........................................ 12 HB 2603 Re-referred........................................ 12 HB 2740 Extend deadline.................................... 13 HB 2807 Senate Message - Passage w/ SA..................... 41 HB 2903 Re-referred........................................ 12 HB 2903 Re-referred........................................ 12 HB 3007 Re-referred........................................ 12 HB 3007 Re-referred........................................ 12 HB 3125 Senate Message - Passage w/ SA..................... 144 HB 3128 Senate Message - Passage w/ SA..................... 145 HB 3143 Extend deadline.................................... 13 HB 3161 Re-referred........................................ 12 HB 3161 Re-referred........................................ 12 HB 3188 Senate Message - Passage w/ SA..................... 152 HB 3231 Re-referred........................................ 12 HB 3231 Re-referred........................................ 12 HB 3247 Senate Message - Passage w/ SA..................... 172 HB 3289 Senate Message - Passage w/ SA..................... 210 HB 3390 Re-referred........................................ 12 HB 3390 Re-referred........................................ 12 HB 3402 Re-referred........................................ 12 HB 3402 Re-referred........................................ 12 HB 3403 Re-referred........................................ 12 HB 3403 Re-referred........................................ 12 HB 3404 Re-referred........................................ 12 HB 3404 Re-referred........................................ 12 HB 3405 Re-referred........................................ 12 HB 3405 Re-referred........................................ 12 HB 3406 Re-referred........................................ 12 HB 3406 Re-referred........................................ 12 HB 3407 Re-referred........................................ 12 HB 3407 Re-referred........................................ 12 HB 3408 Re-referred........................................ 12 HB 3408 Re-referred........................................ 12 HB 3409 Re-referred........................................ 12 HB 3409 Re-referred........................................ 12 HB 3410 Re-referred........................................ 12 HB 3410 Re-referred........................................ 12 HB 3411 Re-referred........................................ 12 HB 3411 Re-referred........................................ 12 HB 3412 Re-referred........................................ 12 HB 3412 Re-referred........................................ 12 HB 3413 Re-referred........................................ 12
[May 18, 2001] 6 Bill Number Legislative Action Page(s) HB 3413 Re-referred........................................ 12 HB 3414 Re-referred........................................ 12 HB 3414 Re-referred........................................ 12 HB 3415 Re-referred........................................ 12 HB 3415 Re-referred........................................ 12 HB 3416 Re-referred........................................ 12 HB 3416 Re-referred........................................ 12 HB 3417 Re-referred........................................ 12 HB 3417 Re-referred........................................ 12 HB 3418 Re-referred........................................ 12 HB 3418 Re-referred........................................ 12 HB 3419 Re-referred........................................ 12 HB 3419 Re-referred........................................ 12 HB 3420 Re-referred........................................ 12 HB 3420 Re-referred........................................ 12 HB 3421 Re-referred........................................ 12 HB 3421 Re-referred........................................ 12 HB 3422 Re-referred........................................ 12 HB 3422 Re-referred........................................ 12 HB 3423 Re-referred........................................ 12 HB 3423 Re-referred........................................ 12 HB 3424 Re-referred........................................ 12 HB 3424 Re-referred........................................ 12 HB 3425 Re-referred........................................ 12 HB 3425 Re-referred........................................ 12 HB 3427 Re-referred........................................ 12 HB 3427 Re-referred........................................ 12 HB 3428 Re-referred........................................ 12 HB 3428 Re-referred........................................ 12 HB 3429 Re-referred........................................ 12 HB 3429 Re-referred........................................ 12 HB 3430 Re-referred........................................ 12 HB 3430 Re-referred........................................ 12 HB 3431 Re-referred........................................ 12 HB 3431 Re-referred........................................ 12 HB 3432 Re-referred........................................ 12 HB 3432 Re-referred........................................ 12 HB 3433 Re-referred........................................ 12 HB 3433 Re-referred........................................ 12 HB 3434 Re-referred........................................ 12 HB 3434 Re-referred........................................ 12 HB 3435 Re-referred........................................ 12 HB 3435 Re-referred........................................ 12 HB 3436 Re-referred........................................ 12 HB 3436 Re-referred........................................ 12 HB 3437 Re-referred........................................ 12 HB 3437 Re-referred........................................ 12 HB 3438 Re-referred........................................ 12 HB 3438 Re-referred........................................ 12 HB 3442 Re-referred........................................ 12 HB 3442 Re-referred........................................ 12 HB 3443 Re-referred........................................ 12 HB 3443 Re-referred........................................ 12 HB 3444 Re-referred........................................ 12 HB 3444 Re-referred........................................ 12 HB 3445 Re-referred........................................ 12 HB 3445 Re-referred........................................ 12 HB 3446 Re-referred........................................ 12 HB 3446 Re-referred........................................ 12 HB 3447 Re-referred........................................ 12 HB 3447 Re-referred........................................ 12 HB 3448 Re-referred........................................ 12 HB 3448 Re-referred........................................ 12 HB 3449 Re-referred........................................ 12
7 [May 18, 2001] Bill Number Legislative Action Page(s) HB 3449 Re-referred........................................ 12 HB 3450 Re-referred........................................ 12 HB 3450 Re-referred........................................ 12 HB 3451 Re-referred........................................ 12 HB 3451 Re-referred........................................ 12 HB 3452 Re-referred........................................ 12 HB 3452 Re-referred........................................ 12 HB 3453 Re-referred........................................ 12 HB 3453 Re-referred........................................ 12 HB 3454 Re-referred........................................ 12 HB 3454 Re-referred........................................ 12 HB 3455 Re-referred........................................ 12 HB 3455 Re-referred........................................ 12 HB 3457 Re-referred........................................ 12 HB 3457 Re-referred........................................ 12 HB 3458 Re-referred........................................ 12 HB 3458 Re-referred........................................ 12 HB 3459 Re-referred........................................ 12 HB 3459 Re-referred........................................ 12 HB 3460 Re-referred........................................ 12 HB 3460 Re-referred........................................ 12 HB 3461 Re-referred........................................ 12 HB 3461 Re-referred........................................ 12 HB 3462 Re-referred........................................ 12 HB 3462 Re-referred........................................ 12 HB 3464 Re-referred........................................ 12 HB 3464 Re-referred........................................ 12 HB 3465 Re-referred........................................ 12 HB 3465 Re-referred........................................ 12 HB 3466 Re-referred........................................ 12 HB 3466 Re-referred........................................ 12 HB 3467 Re-referred........................................ 12 HB 3467 Re-referred........................................ 12 HB 3468 Re-referred........................................ 12 HB 3468 Re-referred........................................ 12 HB 3469 Re-referred........................................ 12 HB 3469 Re-referred........................................ 12 HB 3470 Re-referred........................................ 12 HB 3470 Re-referred........................................ 12 HB 3471 Re-referred........................................ 12 HB 3471 Re-referred........................................ 12 HB 3472 Re-referred........................................ 12 HB 3472 Re-referred........................................ 12 HB 3473 Re-referred........................................ 12 HB 3473 Re-referred........................................ 12 HB 3474 Re-referred........................................ 12 HB 3474 Re-referred........................................ 12 HB 3475 Re-referred........................................ 12 HB 3475 Re-referred........................................ 12 HB 3476 Re-referred........................................ 12 HB 3476 Re-referred........................................ 12 HB 3477 Re-referred........................................ 12 HB 3477 Re-referred........................................ 12 HB 3478 Re-referred........................................ 12 HB 3478 Re-referred........................................ 12 HB 3479 Re-referred........................................ 12 HB 3479 Re-referred........................................ 12 HB 3480 Re-referred........................................ 12 HB 3480 Re-referred........................................ 12 HB 3481 Re-referred........................................ 12 HB 3481 Re-referred........................................ 12 HB 3482 Re-referred........................................ 12 HB 3482 Re-referred........................................ 12 HB 3483 Re-referred........................................ 12
[May 18, 2001] 8 Bill Number Legislative Action Page(s) HB 3483 Re-referred........................................ 12 HB 3484 Re-referred........................................ 12 HB 3484 Re-referred........................................ 12 HB 3485 Re-referred........................................ 12 HB 3485 Re-referred........................................ 12 HB 3486 Re-referred........................................ 12 HB 3486 Re-referred........................................ 12 HB 3487 Re-referred........................................ 12 HB 3487 Re-referred........................................ 12 HB 3488 Re-referred........................................ 12 HB 3488 Re-referred........................................ 12 HB 3496 Re-referred........................................ 12 HB 3496 Re-referred........................................ 12 HB 3497 Re-referred........................................ 12 HB 3497 Re-referred........................................ 12 HB 3498 Re-referred........................................ 12 HB 3498 Re-referred........................................ 12 HB 3499 Re-referred........................................ 12 HB 3499 Re-referred........................................ 12 HB 3500 Re-referred........................................ 12 HB 3500 Re-referred........................................ 12 HB 3501 Re-referred........................................ 12 HB 3501 Re-referred........................................ 12 HB 3502 Re-referred........................................ 12 HB 3502 Re-referred........................................ 12 HB 3503 Re-referred........................................ 12 HB 3503 Re-referred........................................ 12 HB 3504 Re-referred........................................ 12 HB 3504 Re-referred........................................ 12 HB 3505 Extend deadline.................................... 13 HB 3506 Re-referred........................................ 12 HB 3506 Re-referred........................................ 12 HB 3507 Re-referred........................................ 12 HB 3507 Re-referred........................................ 12 HB 3508 Re-referred........................................ 12 HB 3508 Re-referred........................................ 12 HB 3509 Re-referred........................................ 12 HB 3509 Re-referred........................................ 12 HB 3510 Re-referred........................................ 12 HB 3510 Re-referred........................................ 12 HB 3511 Re-referred........................................ 12 HB 3511 Re-referred........................................ 12 HB 3512 Re-referred........................................ 12 HB 3512 Re-referred........................................ 12 HB 3513 Re-referred........................................ 12 HB 3513 Re-referred........................................ 12 HB 3514 Re-referred........................................ 12 HB 3514 Re-referred........................................ 12 HB 3515 Re-referred........................................ 12 HB 3515 Re-referred........................................ 12 HB 3516 Re-referred........................................ 12 HB 3516 Re-referred........................................ 12 HB 3517 Re-referred........................................ 12 HB 3517 Re-referred........................................ 12 HB 3518 Re-referred........................................ 12 HB 3518 Re-referred........................................ 12 HB 3519 Re-referred........................................ 12 HB 3519 Re-referred........................................ 12 HB 3520 Re-referred........................................ 12 HB 3520 Re-referred........................................ 12 HB 3522 Extend deadline.................................... 13 HB 3523 Extend deadline.................................... 13 HB 3524 Extend deadline.................................... 13 HB 3539 Re-referred........................................ 12
9 [May 18, 2001] Bill Number Legislative Action Page(s) HB 3539 Re-referred........................................ 12 HB 3546 Re-referred........................................ 12 HB 3546 Re-referred........................................ 12 HB 3566 Senate Message - Passage w/ SA..................... 212 HB 3576 Senate Message - Passage w/ SA..................... 215 HB 3577 Re-referred........................................ 12 HB 3577 Re-referred........................................ 12 HJR 0041 Resolution......................................... 231 HJR 0042 Resolution......................................... 234 HR 0311 Agreed Resolution.................................. 219 HR 0312 Agreed Resolution.................................. 220 HR 0313 Agreed Resolution.................................. 220 HR 0314 Agreed Resolution.................................. 221 HR 0315 Resolution......................................... 230 HR 0316 Agreed Resolution.................................. 221 HR 0317 Agreed Resolution.................................. 222 HR 0318 Agreed Resolution.................................. 223 HR 0319 Agreed Resolution.................................. 223 HR 0320 Agreed Resolution.................................. 224 HR 0321 Agreed Resolution.................................. 225 HR 0322 Agreed Resolution.................................. 226 HR 0323 Agreed Resolution.................................. 226 HR 0324 Agreed Resolution.................................. 227 HR 0325 Agreed Resolution.................................. 228 HR 0326 Resolution......................................... 230 HR 0327 Agreed Resolution.................................. 228 HR 0328 Agreed Resolution.................................. 228 HR 0329 Agreed Resolution.................................. 229 SB 0010 Extend deadline.................................... 13 SB 0020 Extend deadline.................................... 13 SB 0022 Extend deadline.................................... 13 SB 0028 Extend deadline.................................... 13 SB 0071 Extend deadline.................................... 13 SB 0075 Extend deadline.................................... 13 SB 0078 Extend deadline.................................... 13 SB 0095 Extend deadline.................................... 13 SB 0103 Extend deadline.................................... 13 SB 0113 Extend deadline.................................... 13 SB 0117 Extend deadline.................................... 13 SB 0118 Extend deadline.................................... 13 SB 0119 Extend deadline.................................... 13 SB 0129 Extend deadline.................................... 13 SB 0151 Extend deadline.................................... 13 SB 0161 Extend deadline.................................... 13 SB 0163 Extend deadline.................................... 13 SB 0184 Extend deadline.................................... 13 SB 0188 Extend deadline.................................... 13 SB 0263 Extend deadline.................................... 13 SB 0264 Extend deadline.................................... 13 SB 0267 Extend deadline.................................... 13 SB 0275 Extend deadline.................................... 13 SB 0281 Extend deadline.................................... 13 SB 0284 Extend deadline.................................... 13 SB 0285 Extend deadline.................................... 13 SB 0356 Extend deadline.................................... 13 SB 0364 Extend deadline.................................... 13 SB 0372 Extend deadline.................................... 13 SB 0373 Extend deadline.................................... 13 SB 0384 Extend deadline.................................... 13 SB 0385 Extend deadline.................................... 13 SB 0392 Extend deadline.................................... 13 SB 0396 Extend deadline.................................... 13 SB 0397 Extend deadline.................................... 13 SB 0400 Extend deadline.................................... 13
[May 18, 2001] 10 Bill Number Legislative Action Page(s) SB 0406 Extend deadline.................................... 13 SB 0417 Extend deadline.................................... 13 SB 0430 Extend deadline.................................... 13 SB 0449 Extend deadline.................................... 13 SB 0461 Extend deadline.................................... 13 SB 0479 Extend deadline.................................... 13 SB 0489 Extend deadline.................................... 13 SB 0493 Extend deadline.................................... 13 SB 0504 Extend deadline.................................... 13 SB 0518 Extend deadline.................................... 13 SB 0571 Extend deadline.................................... 13 SB 0598 Extend deadline.................................... 13 SB 0616 Extend deadline.................................... 13 SB 0663 Extend deadline.................................... 13 SB 0697 Extend deadline.................................... 13 SB 0698 Extend deadline.................................... 13 SB 0699 Extend deadline.................................... 13 SB 0717 Extend deadline.................................... 13 SB 0725 Extend deadline.................................... 13 SB 0730 Extend deadline.................................... 13 SB 0754 Extend deadline.................................... 13 SB 0758 Extend deadline.................................... 13 SB 0789 Extend deadline.................................... 13 SB 0795 Extend deadline.................................... 13 SB 0796 Extend deadline.................................... 13 SB 0832 Extend deadline.................................... 13 SB 0833 Extend deadline.................................... 13 SB 0834 Extend deadline.................................... 13 SB 0843 Extend deadline.................................... 13 SB 0846 Extend deadline.................................... 13 SB 0847 Extend deadline.................................... 13 SB 0849 Extend deadline.................................... 13 SB 0852 Extend deadline.................................... 13 SB 0858 Extend deadline.................................... 13 SB 0861 Extend deadline.................................... 13 SB 0862 Extend deadline.................................... 13 SB 0871 Extend deadline.................................... 13 SB 0880 Extend deadline.................................... 13 SB 0883 Extend deadline.................................... 13 SB 0884 Extend deadline.................................... 13 SB 0885 Extend deadline.................................... 13 SB 0887 Extend deadline.................................... 13 SB 0888 Extend deadline.................................... 13 SB 0898 Extend deadline.................................... 13 SB 0899 Extend deadline.................................... 13 SB 0915 Extend deadline.................................... 13 SB 0926 Extend deadline.................................... 13 SB 0930 Extend deadline.................................... 13 SB 0933 Extend deadline.................................... 13 SB 0945 Extend deadline.................................... 13 SB 0975 Extend deadline.................................... 13 SB 0980 Extend deadline.................................... 13 SB 0984 Extend deadline.................................... 13 SB 0989 Extend deadline.................................... 13 SB 0991 Extend deadline.................................... 13 SB 0994 Extend deadline.................................... 13 SB 1011 Extend deadline.................................... 13 SB 1014 Re-referred........................................ 12 SB 1033 Extend deadline.................................... 13 SB 1039 Extend deadline.................................... 13 SB 1069 Extend deadline.................................... 13 SB 1087 Extend deadline.................................... 13 SB 1093 Re-referred........................................ 12 SB 1094 Re-referred........................................ 12
11 [May 18, 2001] Bill Number Legislative Action Page(s) SB 1095 Re-referred........................................ 12 SB 1102 Extend deadline.................................... 13 SB 1104 Extend deadline.................................... 13 SB 1126 Extend deadline.................................... 13 SB 1128 Re-referred........................................ 12 SB 1172 Extend deadline.................................... 13 SB 1175 Extend deadline.................................... 13 SB 1175 Extend deadline.................................... 13 SB 1176 Extend deadline.................................... 13 SB 1177 Extend deadline.................................... 13 SB 1234 Extend deadline.................................... 13 SB 1258 Extend deadline.................................... 13 SB 1259 Extend deadline.................................... 13 SB 1262 Extend deadline.................................... 13 SB 1276 Extend deadline.................................... 13 SB 1282 Extend deadline.................................... 13 SB 1283 Extend deadline.................................... 13 SB 1284 Extend deadline.................................... 13 SB 1284 Extend deadline.................................... 13 SB 1285 Extend deadline.................................... 13 SB 1304 Extend deadline.................................... 13 SB 1306 Extend deadline.................................... 13 SB 1309 Extend deadline.................................... 13 SB 1348 Extend deadline.................................... 13 SB 1354 Re-referred........................................ 12 SB 1355 Re-referred........................................ 12 SB 1356 Re-referred........................................ 12 SB 1357 Re-referred........................................ 12 SB 1358 Re-referred........................................ 12 SB 1360 Re-referred........................................ 12 SB 1361 Re-referred........................................ 12 SB 1366 Re-referred........................................ 12 SB 1367 Re-referred........................................ 12 SB 1368 Re-referred........................................ 12 SB 1369 Re-referred........................................ 12 SB 1370 Re-referred........................................ 12 SB 1371 Re-referred........................................ 12 SB 1372 Re-referred........................................ 12 SB 1373 Re-referred........................................ 12 SB 1379 Re-referred........................................ 12 SB 1380 Re-referred........................................ 12 SB 1381 Re-referred........................................ 12 SB 1382 Re-referred........................................ 12 SB 1486 Extend deadline.................................... 13 SB 1493 Extend deadline.................................... 13 SB 1504 Extend deadline.................................... 13 SB 1522 Extend deadline.................................... 13
[May 18, 2001] 12 The House met pursuant to adjournment. Anthony D. Rossi, Clerk of the House in the Chair. Prayer by Anthony D. Rossi, Clerk of the House. Minutes Clerk Jennifer L. Timms led the House in the Pledge of Allegiance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Younge replaced Representative Granberg, and Representative Murphy replaced Representative Lang in the Committee on Redistricting on May 14, 2001. Representative Joseph Lyons replaced Representative Howard in the Committee on Children & Youth on May 16, 2001. Representative Bradley replaced Representative Soto in the Committee on Aging on May 16, 2001. Representative Mautino replaced Representative Bradley in the Committee on Registration & Regulation on May 17, 2001. Representative Fowler replaced Representative McGuire in the Committee on Constitutional Officers on May 16, 2001. Representative Berns replaced Representative Osmond in the Committee on Judiciary I - Civil Law on May 16, 2001. Representative Ryder replaced Representative John Jones in the Committee on Appropriations - General Services on May 16, 2001. Representative Tenhouse replaced Representative Beaubien in the Committee on Revenue on May 17, 2001. Representative Myers replaced Representative Osmond in the Committee on Registration & Regulation on May 17, 2001. RE-REFERRED TO THE COMMITTEE ON RULES The following bills were re-referred to Committee pursuant to Rule 19(a): HOUSE BILLS 30, 47, 63, 172, 378, 464, 465, 466, 558, 559, 560, 561, 764, 923, 1750, 1751, 1752, 1753, 1754, 1836, 2115, 2116, 2117, 2119, 2128, 2131, 2132, 2133, 2134, 2135, 2136, 2192, 2196, 2317, 2318, 2319, 2320, 2321, 2322, 2323, 2324, 2325, 2326, 2327, 2328, 2329, 2330, 2331, 2332, 2334, 2335, 2336, 2337, 2338, 2339, 2340, 2341, 2342, 2343, 2344, 2345, 2346, 2347, 2348, 2349, 2350, 2351, 2352, 2353, 2469, 2471, 2503, 2506, 2508, 2522, 2555, 2603, 2903, 3007, 3161, 3231, 3390, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, 3422, 3423, 3424, 3425, 3427, 3428, 3429, 3430, 3431, 3432, 3433, 3434, 3435, 3436, 3437, 3438, 3442, 3443, 3444, 3445, 3446, 3447, 3448, 3449, 3450, 3451, 3452, 3453, 3454, 3455, 3456, 3457, 3458, 3459, 3460, 3461, 3462, 3464, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3481, 3482, 3483, 3484, 3485, 3486, 3487, 3488, 3496, 3497, 3498, 3499, 3500, 3501, 3502, 3503, 3504, 3506, 3507, 3508, 3509, 3510, 3511, 3512, 3513, 3514, 3515, 3516, 3517, 3518, 3519, 3520, 3539 and 3577. SENATE BILLS 1014, 1093, 1094, 1095, 1128, 1354, 1355, 1356, 1357, 1358, 1360, 1361, 1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1379, 1380, 1381 and 1382. EXTENDING THE DEADLINE GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE
13 [May 18, 2001] HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 18, 2001 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, IL 62706 Dear Mr. Clerk: Please be advised that I have extended the committee and 3rd reading deadlines for all House and Senate bills listed on the attached Legislative Information System printout, until May 25, 2001. If you have questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House HOUSE BILLS 256, 919, 1492, 1689, 1964, 2215, 2370, 2740, 3143, 3505, 3522, 3523 and 3524. SENATE BILLS 10, 20, 22, 28, 71, 75, 78, 95, 103, 113, 117, 118, 119, 129, 151, 161, 163, 184, 188, 263, 264, 267, 275, 281, 284, 285, 356, 364, 372, 373, 384, 385, 392, 396, 397, 400, 406, 417, 430, 449, 461, 479, 489, 493, 504, 518, 571, 598, 616, 663, 697, 698, 699, 717, 725, 730, 754, 758, 789, 795, 796, 832, 833, 834, 843, 846, 847, 849, 852, 858, 861, 862, 871, 880, 883, 884, 885, 887, 888, 898, 899, 915, 926, 930, 933, 945, 975, 980, 984, 989, 991, 994, 1011, 1033, 1039, 1069, 1089, 1102, 1104, 1126, 1171, 1174, 1175, 1176, 1177, 1234, 1258, 1259, 1262, 1276, 1282, 1283, 1284, 1284, 1285, 1304, 1306, 1309, 1348, 1486, 1493, 1504 and 1522. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 478 A bill for AN ACT in relation to public employee benefits. HOUSE BILL NO. 549 A bill for AN ACT concerning public defenders. HOUSE BILL NO. 1825 A bill for AN ACT in relation to the cremation of companion animals. HOUSE BILL NO. 2266 A bill for AN ACT concerning vehicles. HOUSE BILL NO. 3392 A bill for AN ACT in relation to developmental disabilities. Passed by the Senate, May 18, 2001. Jim Harry, Secretary of the Senate
[May 18, 2001] 14 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 201 A bill for AN ACT concerning the Office of Secretary of State. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 201. Senate Amendment No. 2 to HOUSE BILL NO. 201. Senate Amendment No. 3 to HOUSE BILL NO. 201. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 201 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Public Labor Relations Act is amended by changing Section 15 as follows: (5 ILCS 315/15) (from Ch. 48, par. 1615) Sec. 15. Act Takes Precedence. (a) In case of any conflict between the provisions of this Act and any other law, executive order or administrative regulation relating to wages, hours and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control. Nothing in this Act shall be construed to replace or diminish the rights of employees established by Sections 28 and 28a of the Metropolitan Transit Authority Act or
15 [May 18, 2001] and other abuses in the Office of the Secretary of State. The Inspector General shall serve a 2-year term. If no successor is appointed and qualified upon the expiration of the Inspector General's term, the office of Inspector General is deemed vacant and the powers and duties under this Section may be exercised only by an appointed and qualified interim Inspector General until a successor Inspector General is appointed and qualified. If the General Assembly is not in session when a vacancy in the office of Inspector General occurs, the Secretary of State may appoint an interim Inspector General whose term shall expire 2 weeks after the next regularly-scheduled session day of the Senate. (b) The Inspector General shall have the following qualifications: (1) has not been convicted of any felony under the laws of this State, another State, or the United States; (2) has earned a baccalaureate degree from an institution of higher education; and (3) has either (A) 5 or more years of service with a federal, State, or local law enforcement agency, at least 2 years of which have been in a progressive investigatory capacity; (B) 5 or more years of service as a federal, State, or local prosecutor; or (C) 5 or more years of service as a senior manager or executive of a federal, State, or local law enforcement agency. (c) The Inspector General must review, coordinate, and institute methods and procedures to increase the integrity, productivity, and efficiency of the Office of the Secretary of State. The duties of the Inspector General shall supplement and not supplant the duties of the Chief Auditor for the Secretary of State's Office. The Inspector General must report directly to the Secretary of State. (d) The Secretary of State may designate the Inspector General and inspectors who are members of the Inspector General's office as peace officers; however, the Inspector General and his or her inspectors may not be members of the Secretary of State's police force. These inspectors shall have all the powers possessed by police officers in municipalities and by sheriffs of counties, and the inspectors may exercise those powers anywhere in the State but only in the investigation of allegations of criminal behavior by the Secretary of State or employees of the Office of the Secretary of State. No inspector may have peace officer status or exercise police powers unless he or she successfully completes the basic police training mandated and approved by the Illinois Law Enforcement Training Standards Board or the Board waives the training requirement by reason of the inspector's prior law enforcement experience or training, or both. The Board may not waive the training requirement unless the inspector has had a minimum of 5 years of experience as a sworn officer of a local, State, or federal law enforcement agency, 2 of which must have been in an investigatory capacity. (e) In addition to the authority otherwise provided by this Section, but only when investigating the Office of the Secretary of State, its employees, or their actions, the Inspector General is authorized: (1) To have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available that relates to programs and operations with respect to which the Inspector General has responsibilities under this Section. (2) To make any investigations and reports relating to the administration of the programs and operations of the Office of the Secretary of State that are, in the judgement of the Inspector General, necessary or desirable. (3) To request any information or assistance that may be necessary for carrying out the duties and responsibilities provided by this Section from any local, State, or federal governmental agency or unit thereof. (4) When investigating criminal behavior, to require by subpoena the appearance of witnesses and the production of all information, documents, reports, answers, records, accounts,
[May 18, 2001] 16 papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Section. A subpoena may be issued under this paragraph (4) only by the Inspector General and not by members of the Inspector General's staff. Any person subpoenaed by the Inspector General has the same rights as a person subpoenaed by a grand jury. Any person who knowingly (A) fails to appear in response to a subpoena; (B) fails to answer any question; (C) fails to produce any books or papers pertinent to an investigation under this Section; or (D) gives false testimony during an investigation under this Section is guilty of a Class A misdemeanor. (5) To have direct and prompt access to the Secretary of State for any purpose pertaining to the performance of functions and responsibilities under this Section. (f) The Inspector General may receive and investigate complaints or information from an employee of the Secretary of State concerning the possible existence of an activity constituting a violation of law, rules, or regulations; mismanagement; abuse of authority; or substantial and specific danger to the public health and safety. Any employee who knowing files a false complaint or files a complaint with reckless disregard for the truth or the falsity of the facts underlying the complaint may be subject to discipline as set forth in the rules of the Department of Personnel of the Secretary of State. The Inspector General may not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee. Any employee who has the authority to take, direct others to take, recommend, or approve any personnel action may not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (g) The Inspector General must adopt rules, in accordance with the provisions of the Illinois Administrative Procedure Act, establishing minimum requirements for initiating, conducting, and completing investigations. The rules must establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but is not limited to, site visits, telephone contacts, personal interviews, or requests for written responses. The rules must also clarify how the Office of the Inspector General shall interact with other local, State, and federal law enforcement investigations. (h) Notwithstanding any other provision of law, this amendatory Act of the 92nd General Assembly and the powers and duties exercised by the Inspector General and members of the Inspector General's office pursuant to this Section supersede the provisions of any collective bargaining agreement entered into by the Office of the Secretary of State and a labor organization on, before, or after the effective date of this amendatory Act of the 92nd General Assembly. (i) On or before January 1 of each year, the Inspector General shall report to the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives on the types of investigations and the activities undertaken by the Office of the Inspector General during the previous calendar year. (j) This Section is repealed on December 31, 2003.". AMENDMENT NO. 2. Amend House Bill 201, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 3, line 18 by replacing "must" with "may"; and on page 4, line 31, by replacing "When investigating criminal behavior, to" with "To"; and on page 5, line 2, by inserting the following after "Section": "with the exception of Subsection (c)".
17 [May 18, 2001] AMENDMENT NO. 3. Amend House Bill 201, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 5, by replacing lines 7 through 12 with the following: "jury. Any person who knowingly (A) fails to appear in response to a subpoena or (B) fails to produce any books or papers pertinent to an investigation under this Section is guilty of a Class A misdemeanor. Any employee of the Office of the Secretary of State who knowingly (A) fails to answer any question or (B) gives false testimony during an investigation under this Section is guilty of a Class A misdemeanor.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 201 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 279 A bill for AN ACT concerning emergency medical dispatches. 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. 279. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 279 by replacing everything after the enacting clause with the following: "Section 90. The Emergency Medical Services (EMS) Systems Act is amended by changing Section 3.70 as follows: (210 ILCS 50/3.70) Sec. 3.70. Emergency Medical Dispatcher. (a) "Emergency Medical Dispatcher" means a person who has successfully completed a training course in emergency medical dispatching
[May 18, 2001] 18
19 [May 18, 2001] medical dispatcher. (12) Require that a person, organization, or government agency not represent itself as an emergency medical dispatch agency unless the person, organization, or government agency is certified by the Department as an emergency medical dispatch agency. (13) Require that a person, organization, or government agency may not offer or conduct a training course that is represented as a course for an emergency medical dispatcher unless the person, organization, or agency is approved by the Department to offer or conduct that course. (14) Require that Department-approved emergency medical dispatcher training programs are conducted by instructors licensed by the Department who: (i) are, at a minimum, certified as emergency medical dispatchers; (ii) have completed a Department-approved course on methods of instruction; (iii) have previous experience in a medical dispatch agency; and (iv) have demonstrated experience as an EMS instructor. (15)
[May 18, 2001] 20 or to damage or remove any part of a vehicle; (2) A person, without authority to do so, to tamper with a vehicle or go in it, on it, or work or attempt to work any of its parts, or set or attempt to set it in motion; (3) A person to fail to report a vehicle as unclaimed in accordance with the provisions of Section 4-107. (b)
21 [May 18, 2001] successors, and assigns during the term of the contract. (c) If an entity is wholly or partially owned by another entity, the names of the owners of the wholly or partially owning entity and the names of the owners of the wholly or partially owned entity must be disclosed under this Section. (d) This Section shall be liberally construed to accomplish the purpose of requiring disclosure of the identities of the actual parties benefiting from any transactions with the Authority involving the procurement of the ownership or use of real property. (e) For purposes of disclosure under this Section, "identity" includes the name and address of the party. In addition, the disclosure must also include the purchase or lease price. (f) On January 1 of each year, the Department of Central Management Services shall submit a report to the General Assembly listing the disclosure information for each contract subject to disclosure under this Section that was entered into by the Authority during the preceding year. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 418, AS AMENDED, as follows: by replacing everything after the enacting clause with the following: "Section 5. The Toll Highway Act is amended by adding Section 9.12 as follows: (605 ILCS 10/9.12 new) Sec. 9.12. Land disclosure requirements. (a) Disclosure required. The Authority may not enter into any agreement or understanding for the use or acquisition of land that is intended to be used or acquired for toll highway purposes unless full disclosure of all beneficial interests in the land is made under this Section. (b) Condemnation proceedings. If the Authority commences condemnation proceedings to acquire land that is intended to be used or acquired for toll highway purposes, the holders of all beneficial interests in the land must make full disclosure under this Section unless the court determines that the disclosure would cause irreparable harm to one or more holders of a beneficial interest. (c) Beneficial interests. Each holder of any beneficial interest in the land, including without limitation beneficial interests in a land trust, must be disclosed, including both individuals and other entities. If any beneficial interest is held by an entity, other than an entity whose shares are publicly traded, and not by an individual, then all the holders of any beneficial interest in that entity must be disclosed. This requirement continues at each level of holders of beneficial interests until all beneficial interests of all individuals in all entities, other than entities whose shares are publicly traded, have been disclosed. (d) Written statement. Disclosure must be made by a written statement filed (i) with the Authority contemporaneously with the execution of the agreement or understanding or (ii) in the case of a condemnation proceeding, with the Authority and the court within a time period ordered by the court. Each individual and entity must be disclosed by name and address and by a description of the interest held, including the percentage interest in the land held by the individual or entity. The statement must be verified, subject to penalty of perjury, by the individual who holds the greatest percentage of beneficial interest in the land. (e) Recordation. The Authority must file the statement of record with the recorder of each county in which any part of the land is located within 3 business days after the statement is filed with the Authority. (f) Agreements and understandings void. Any agreement or understanding in violation of this Act is void. (g) Penalty. A person who knowingly violates this Section is guilty of a business offense and shall be fined $10,000. (h) Other disclosure requirements. The disclosure required under
[May 18, 2001] 22 this Act is in addition to, and not in lieu of, any other disclosure required by law. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 418 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 854 A bill for AN ACT concerning veterans homes. 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. 854. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 854 by replacing everything after the enacting clause with the following: "Section 5. The Department of Veterans Affairs Act is amended by changing Section 2.01 as follows: (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01) Sec. 2.01. Any honorably discharged veteran is entitled to admission to an Illinois Veterans Home, if the applicant: (a) (1) Has served in the armed forces of the United States at least 1 day in the Spanish American War, World War I, World War II, the Korean Conflict, the Viet Nam Campaign, or the Persian Gulf Conflict between the dates recognized by the U.S. Department of Veterans Affairs or between any other present or future dates recognized by the U.S. Department of Veterans Affairs as a war period, or has served in a hostile fire environment and has been awarded a campaign or expeditionary medal signifying his or her service, for purposes of eligibility for domiciliary or nursing home care; or (2) Has (i) served on active duty in the armed forces for one year for purposes of eligibility for domiciliary care only or (ii) served in the National Guard or Reserve Forces of the United States and completed 20 years of satisfactory service, is otherwise eligible to receive reserve or active duty retirement benefits, and has been an Illinois resident for at least one year before applying for admission for purposes of eligibility for domiciliary care only; and (b) Has service accredited to the State of Illinois or has been a resident of this State for one year immediately preceding the date of application; and (c) For admission to the Illinois Veterans Homes at Anna and Quincy, is disabled by disease, wounds, or otherwise and because of the disability is incapable of earning a living; or (d) For admission to the Illinois Veterans Homes at LaSalle and Manteno and for admission to the John Joseph Kelly Veteran's Home, is disabled by disease, wounds, or otherwise and, for purposes of eligibility for nursing home care, requires nursing care because of the disability.
23 [May 18, 2001] (Source: P.A. 91-634, eff. 8-19-99.) Section 99. Effective date. This Act takes effect on January 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 854 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1640 A bill for AN ACT concerning natural resources. 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. 1640. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1640 by replacing the title with the following: "AN ACT in relation to State government."; and by replacing everything after the enacting clause with the following: "Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-15 as follows: (15 ILCS 20/50-15) (was 15 ILCS 20/38.2) Sec. 50-15. Department accountability reports
[May 18, 2001] 24
25 [May 18, 2001] Governor may be obligated and expended by the Department of Central Management Services, with the authorization of the Director of Central Management Services, for the purposes specified in those appropriations. These obligations and expenditures shall continue to be accounted for as obligations and expenditures of the Office of the Lieutenant Governor. (f) Until January 11, 1999, while the office of Lieutenant Governor is vacant, all employees of the Office of the Lieutenant Governor who are needed to carry out the responsibilities of the Office are temporarily reassigned to the Department of Central Management Services. This reassignment shall not be deemed to constitute new employment or to change the terms or conditions of employment or the qualifications required of the employees, except that the reassigned employees shall be subject to supervision by the Department during the temporary reassignment period. (g) Until January 11, 1999, while the office of Lieutenant Governor is vacant, the Department of Central Management Services shall temporarily assume and exercise the powers and duties of the Office of the Lieutenant Governor under contracts to which the Office of the Lieutenant Governor is a party. The assumption of rights and duties under this subsection shall not be deemed to change the terms or conditions of the contract. The Department of Central Management Services may amend, extend, or terminate any such contract in accordance with its terms; may agree to terminate a contract at the request of the other party; and may, with the approval of the Governor, enter into new contracts on behalf of the Office of the Lieutenant Governor. (h) The Governor may designate a State employee or director other than the Director of Central Management Services or a State agency other than the Department of Central Management Services to assume and exercise any particular power or duty that would otherwise be assumed and exercised by the Director of Central Management Services or the Department of Central Management Services under subsection (b), (c), or (d) of this Section. Except as provided below, if the Governor designates a State employee or director other than the Director of Central Management Services or a State agency other than the Department of Central Management Services, that person or agency shall be responsible for those duties set forth in subsections (e), (f), and (g) that directly relate to the designation of duties under subsections (b), (c), and (d). If the Governor's designation relates to duties of the Commission on Community Service
[May 18, 2001] 26 or of a program administered by a State agency involving public funds of the State, but this jurisdiction does not include any authority to review local governmental agencies in the obligation, receipt, expenditure or use of public funds of the State that are granted without limitation or condition imposed by law, other than the general limitation that such funds be used for public purposes; (b) to make investigations authorized by or under this Act or the Constitution; and (c) to make audits of the records of local government agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program. The Auditor General is authorized to conduct financial and compliance audits of the
27 [May 18, 2001] agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. In addition to the foregoing, the Auditor General must also conduct a financial audit of the Illinois Sports Facilities Authority's expenditures of public funds in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of any existing "facility", as that term is defined in the Illinois Sports Facilities Authority Act. The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program. The Auditor General is authorized to conduct financial and compliance audits of the
[May 18, 2001] 28 A. (1) has been a resident of this State for at least one year; and (2) is unemployed; and (3) is not receiving and is not qualified to receive unemployment compensation or workers' compensation; and (4) is determined by the employment administrator to be likely to be available for employment by an eligible employer for the duration of the job; or B. Is otherwise eligible for services under the Job Training Partnership Act (29 USCA 1501 et seq.). In addition, a farmer who resides in a county qualified under Federal Disaster Relief and who can demonstrate severe financial need may be considered unemployed under this subsection. (e) "Eligible nonprofit agency" means an organization exempt from taxation under the Internal Revenue Code of 1954, Section 501(c)(3). (f) "Employment administrator" means the Manager of the Department of Commerce and Community Affairs Job Training Programs Division or his designee. (g) "Household" means a group of persons living at the same residence consisting of, at a maximum, spouses and the minor children of each. (h) "Program" means the Illinois Emergency Employment Development Program created by this Act consisting of temporary work relief projects in nonprofit agencies and new job creation in the private sector. (i) "Service Delivery Area" means that unit or units of local government designated by the Governor pursuant to Title I, Part A, Section 102 of the Job Training Partnership Act (29 USCA et seq.). (j) "Excess unemployed" means the number of unemployed in excess of 6.5% of the service delivery area population. (k) "Private industry council" means governing body of each service delivery area created pursuant to Title I, Section 102 of the Job Training Partnership Act (29 USC 1501 et seq.). (Source: P.A. 84-1399.) (20 ILCS 630/5) (from Ch. 48, par. 2405) Sec. 5. (a) Allocation of funds among eligible job applicants within a service delivery area shall be determined by the Private Industry Council for each such service delivery area. The Private Industry Council shall give priority to (1) applicants living in households with no other income source; and (2) applicants who would otherwise be eligible to receive general assistance. (b) Allocation of funds among eligible employers within each service delivery area shall be determined by the Private Industry Council for each such area according to the priorities which the Director of Commerce and Community Affairs
29 [May 18, 2001] (4) the funds are necessary to allow the business to begin, or to employ additional people, but not to fill positions which would be filled even in the absence of funds from this program; (5) (blank);
[May 18, 2001] 30
31 [May 18, 2001] Section 19. (70 ILCS 200/Art. 135 rep.) Section 130. The Civic Center Code is amended by repealing Article 135. (205 ILCS 616/70 rep.) (205 ILCS 616/75 rep.) Section 175. The Electronic Fund Transfer Act is amended by repealing Sections 70 and 75. (205 ILCS 620/1-5.04 rep.) (205 ILCS 620/9-1 rep.) (205 ILCS 620/9-2 rep.) (205 ILCS 620/9-3 rep.) (205 ILCS 620/9-4 rep.) Section 180. The Corporate Fiduciary Act is amended by repealing Sections 1-5.04, 9-1, 9-2, 9-3, and 9-4. (310 ILCS 45/Act rep.) Section 200. The Illinois Mortgage Insurance Fund Act is repealed. (430 ILCS 115/15 rep.) Section 240. The Illinois Manufactured Housing and Mobile Home Safety Act is amended by repealing Section 15. Section 245. The Illinois Corn Marketing Act is amended by changing Sections 6 and 7 as follows: (505 ILCS 40/6) (from Ch. 5, par. 706) Sec. 6.
[May 18, 2001] 32 (505 ILCS 115/6) (from Ch. 5, par. 1056) Sec. 6.
33 [May 18, 2001] including publication of the procedures in the Illinois Register. (Source: P.A. 83-80.) (505 ILCS 130/8) (from Ch. 5, par. 558) Sec. 8.
[May 18, 2001] 34 supervision of women released on parole. (Source: P.A. 85-624.) (730 ILCS 5/3-6-3.1 rep.) Section 280. The Unified Code of Corrections is amended by repealing Section 3-6-3.1. (820 ILCS 305/14.1 rep.) Section 285. The Workers' Compensation Act is amended by repealing Section 14.1. Section 995. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 999. Effective date. This Act takes effect July 1, 2001.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1640 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1728 A bill for AN ACT concerning prompt payment. 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. 1728. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1728 by replacing line 22 on page 2 through line 5 on page 3 with the following: "(1.1) A State agency shall review in a timely manner each bill or invoice after its receipt. If the State agency determines that the bill or invoice contains a defect making it unable to process the payment request, the agency shall notify the vendor requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under Section 3-3. The notice shall identify the defect and any additional information necessary to correct the defect."; and on page 4, by inserting after line 25 the following: "Section 99. Effective date. This Section takes effect upon becoming law. Section 5 takes effect upon becoming law solely for the purpose of allowing the State Comptroller and the Department of Central Management Services to promulgate rules for the implementation of this Act. Section 5 for all other purposes takes effect July 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1728 was placed on the Calendar on the order of Concurrence.
35 [May 18, 2001] 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 1887 A bill for AN ACT in relation to environmental protection. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1887. Senate Amendment No. 3 to HOUSE BILL NO. 1887. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1887 by replacing everything after the enacting clause with the following: "Section 5. The Lead Poisoning Prevention Act is amended by changing Section 12 as follows: (410 ILCS 45/12) (from Ch. 111 1/2, par. 1312) Sec. 12. Violations of Act. (a) Violation of any Section of this Act other than Section 7 shall be punishable as a Class A misdemeanor. (b) In cases where a person is found to have mislabeled, possessed, offered for sale or transfer, sold or transferred, or given away lead-bearing substances, a representative of the Department shall confiscate the lead-bearing substances and retain the substances until they are shown to be in compliance with this Act. (c) In addition to any other penalty provided under this Act, the court in an action brought under subsection (d) may impose upon any person who violates or does not comply with a notice of deficiency and a mitigation order issued under subsection (7) of Section 9 of this Act a civil penalty not exceeding $2,500 for each violation, plus $250 for each day that the violation continues. Any civil penalties collected in a court proceeding shall be deposited into a delegated county lead poisoning screening, prevention, and abatement fund or, if no delegated county exists, into the Lead Poisoning Screening, Prevention, and Abatement Fund. (d) The State's Attorney of the county in which a violation occurs or the Attorney General may bring an action for the enforcement of this Act and the rules adopted and orders issued under this Act, in the name of the People of the State of Illinois, and may, in addition to other remedies provided in this Act, bring an action for an injunction to restrain any actual or threatened violation or to impose or collect a civil penalty for any violation. (Source: P.A. 87-175.) Section 10. The Environmental Protection Act is amended by adding Section 22.28a as follows: (415 ILCS 5/22.28a new) Sec. 22.28a. White goods handled by scrap dealership or junkyard. (a) No owner, operator, agent, or employee of a junkyard or scrap dealership may knowingly shred, scrap, dismantle, recycle, incinerate, handle, store, or otherwise manage any white good that contains any white good components in violation of this Act or any other applicable State or federal law. (b) For the purposes of this Section, the terms "white goods" and "white goods components" have the same meaning as in Section 22.28.
[May 18, 2001] 36 Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 3. Amend House Bill 1887, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Lead Poisoning Prevention Act is amended by changing Sections 11.2 and 12 as follows: (410 ILCS 45/11.2) (from Ch. 111 1/2, par. 1311.2) Sec. 11.2. Administrative action
37 [May 18, 2001] State or federal law. (b) For the purposes of this Section, the terms "white goods" and "white goods components" have the same meaning as in Section 22.28. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 1887 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2283 A bill for AN ACT in relation to cemeteries. 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. 2283. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2283 on page 49, by inserting the following immediately after line 4: "If an abandoned or neglected cemetery has been dedicated as an Illinois nature preserve under the Illinois Natural Areas Preservation Act, any action to cause the clean up of the cemetery under the provisions of this Section shall be consistent with the rules and master plan governing the dedicated nature preserve."; and on page 49, line 6, by replacing "Section 1" with "Sections 1, 9, 10, 12, 13, and 14 and adding Section 16"; and on page 52 by inserting the following immediately after line 3: "(765 ILCS 835/9) (from Ch. 21, par. 21.2) Sec. 9. When there is no memorial, monument, or marker installed on a cemetery lot; no interment in a cemetery lot; no transfer or assignment of a cemetery lot on the cemetery authority records; no contact by an owner recorded in the cemetery authority records; publication has been made in a local newspaper and no response was received; and 60 years have passed since the cemetery lot was sold, there is a presumption that the cemetery lot has been abandoned. Alternatively, where there is an obligation to pay a cemetery authority, annually or periodically, maintenance or care charges on a cemetery lot, or part thereof, and the owner of or claimant to a right or easement for burial in such cemetery lot, or part thereof, has failed to pay the required annual or periodic maintenance or care charges for a period of 30 years or more, such continuous failure to do so creates and establishes a presumption that the cemetery lot, or part thereof, has been abandoned. Upon a court's determination of abandonment, the ownership of a right or easement for burial in a cemetery lot, or part thereof, shall be subject to sale in the manner hereinafter provided. (Source: Laws 1961, p. 2908.) (765 ILCS 835/10) (from Ch. 21, par. 21.3) Sec. 10. A cemetery authority may file in the office of the clerk of the circuit court of the county in which the cemetery is located a
[May 18, 2001] 38 verified petition praying for the entry of an order adjudging a cemetery lot, or part thereof, to have been abandoned. The petition shall describe the cemetery lot, or part thereof, alleged to have been abandoned, shall allege ownership by the petitioner of the cemetery, and, if known, the name of the owner of the right or easement for burial in such cemetery lot, or part thereof, as is alleged to have been abandoned, or, if the owner thereof is known to the petitioner to be deceased, then the names, if known to petitioner, of such claimants thereto as are the heirs-at-law and next-of-kin or the specific legatees under the will of the owner of the right or easement for burial in such lot, or part thereof, and such other facts as the petitioner may have with respect to ownership of the right or easement for burial in such cemetery lot, or part thereof. The petition shall also allege the facts with respect to the abandonment of the cemetery lot or facts about the obligation of the owner to pay annual or periodic maintenance or care charges on such cemetery lot, or part thereof, the amount of such charges as are due and unpaid, and shall also allege the continuous failure by the owner or claimant to pay such charges for a period of 30 consecutive years or more. Irrespective of diversity of ownership of the right or easement for burial therein, a cemetery authority may include in one petition as many cemetery lots, or parts thereof, as are alleged to have been abandoned. (Source: P.A. 84-549.) (765 ILCS 835/12) (from Ch. 21, par. 21.5) Sec. 12. In the event the owner, the claimant, or the heirs-at-law and next-of-kin or the specific legatees under the will of either the owner or claimant submits proof of ownership to the court or
39 [May 18, 2001] of any human remains theretofore placed therein and the right to maintain memorials placed thereon. A cemetery authority may bid at and purchase such lot, or part thereof, at such sale. Notice of the time and place of any sale held pursuant to an order adjudicating abandonment of a cemetery, or part thereof, shall be published once in a newspaper of general circulation in the county in which the cemetery is located, such publication to be not less than 30 days prior to the date of sale. The proceeds derived from any sale shall be used to reimburse the petitioner for the costs of suit and necessary expenses, including attorney's fees, incurred by petitioner in the proceeding, and the balance, if any, shall be deposited into the cemetery authority's care fund or, if there is no care fund, used by the cemetery authority for the care of its cemetery and for no other purpose. (Source: P.A. 79-1365.) (765 ILCS 835/16 new) Sec. 16. When a multiple interment right owner becomes deceased, the ownership of any unused rights of interment shall pass in accordance with the specific bequest in the decedent's will. If there is no will or specific bequest then the use of the unused rights of interment shall be determined by a cemetery authority in accordance with the information set out on a standard affidavit for cemetery interment rights use form if such a form has been prepared. The unused right of interment shall be used for the interment of the first deceased heir listed on the standard affidavit and continue in sequence until all listed heirs are deceased. In the event that an interment right is not used, the interment right shall pass to the heirs of the heirs of the deceased interment right owner in perpetuity. This shall not preclude the ability of the heirs to sell said interment rights, in the event that all listed living heirs are in agreement. If the standard affidavit for cemetery interment rights use, showing heirship of decedent interment right owner's living heirs is provided to and followed by a cemetery authority, the cemetery authority shall be released of any liability in relying on that affidavit. The following is the form of the standard affidavit: STATE OF ILLINOIS ) ) SS COUNTY OF ....................) AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE I, .............., being first duly sworn on oath depose and say that: 1. A. My place of residence is ........................ B. My post office address is ....................... C. I understand that I am providing the information contained in this affidavit to the ............ ("Cemetery") and the Cemetery shall, in the absence of directions to the contrary in my will, rely on this information to allow the listed individuals to be interred in any unused interment rights in the order of their death. D. I understand that, if I am an out-of-state resident, I submit myself to the jurisdiction of Illinois courts for all matters related to the preparation and use of this affidavit. My agent for service of process in Illinois is: Name ................. Address ..................... City ................. Telephone ................... Items 2 through 6 must be completed by the executor of the decedent's estate, a personal representative, owner's surviving spouse, or surviving heir. 2. The decedent's name is .............................. 3. The date of decedent's death was .................... 4. The decedent's place of residence immediately before his or her death was ........................................ 5. My relationship to the decedent is .................. 6. At the time of death, the decedent (had no) (had a) surviving spouse. The name of the surviving spouse, if any, is ....................., and he or she (has) (has not) remarried. 7. The following is a list of the cemetery interment rights that
[May 18, 2001] 40 may be used by the heirs if the owner is deceased: ............................................................. ............................................................. 8. The following persons have a right to use the cemetery interment rights in the order of their death: .......................... Address .......................... .......................... Address .......................... .......................... Address .......................... .......................... Address .......................... .......................... Address .......................... .......................... Address .......................... .......................... Address .......................... 9. This affidavit is made for the purpose of obtaining the consent of the undersigned to transfer the right of interment at the above mentioned cemetery property to the listed heirs. Affiants agree that they will save, hold harmless, and indemnify Cemetery, its heirs, successors, employees, and assigns, from all claims, loss, or damage whatsoever that may result from relying on this affidavit to record said transfer in its records and allow interments on the basis of the information contained in this affidavit. WHEREFORE affiant requests Cemetery to recognize the above named heirs-at-law as those rightfully entitled to the use of said interment (spaces) (space). THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY. (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS PERJURY AS DEFINED IN THE CRIMINAL CODE OF 1961.) Dated this ........ day of .............., ..... ................... (Seal) (To be signed by the owner or the individual who completes items 2 through 6 above.) Subscribed and sworn to before me, a Notary Public in and for the County and State of .............. aforesaid this ........ day of ..............., ..... ............................ Notary Public.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2283 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2807 A bill for AN ACT in relation to courts. 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. 2807. Passed the Senate, as amended, May 17, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2807 as follows: on page 1, line 26, by inserting "less than $50,000" after "awards". The foregoing message from the Senate reporting Senate Amendment
41 [May 18, 2001] No. 1 to HOUSE BILL 2807 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 148 A bill for AN ACT concerning police officers. 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. 148. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 148, on page 2, by inserting immediately below line 33 the following: Section 10. The Illinois Municipal Code is amended by changing Section 10-2.1-6 as follows: (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6) Sec. 10-2.1-6. Examination of applicants; disqualifications. (a) All applicants for a position in either the fire or police department of the municipality shall be under 35 years of age, shall be subject to an examination that shall be public, competitive, and open to all applicants (unless the council or board of trustees by ordinance limit applicants to electors of the municipality, county, state or nation) and shall be subject to reasonable limitations as to residence, health, habits, and moral character. The municipality may not charge or collect any fee from an applicant who has met all prequalification standards established by the municipality for any such position. (b) Residency requirements in effect at the time an individual enters the fire or police service of a municipality (other than a municipality that has more than 1,000,000 inhabitants) cannot be made more restrictive for that individual during his period of service for that municipality, or be made a condition of promotion, except for the rank or position of Fire or Police Chief. (c) No person with a record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section 24-1 of the Criminal Code of 1961 or arrested for any cause but not convicted on that cause shall be disqualified from taking the examination to qualify for a position in the fire department on grounds of habits or moral character. (d) The age limitation in subsection (a) does not apply (i) to any person previously employed as a policeman or fireman in a regularly constituted police or fire department of (I) any municipality or (II) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Fire Protection District Act, (ii) to any person who has served a municipality as a regularly enrolled volunteer fireman for 5 years immediately preceding the time that municipality begins to use full time firemen to provide all or part of its fire protection service, or (iii) to any person who has served as an auxiliary policeman under Section 3.1-30-20 for at least 5 years and is under 40 years of age, or (iv) to any person who has served as a deputy under Section 3-6008 of the Counties Code and otherwise meets
[May 18, 2001] 42 necessary training requirements. (e) Applicants who are 20 years of age and who have successfully completed 2 years of law enforcement studies at an accredited college or university may be considered for appointment to active duty with the police department. An applicant described in this subsection (e) who is appointed to active duty shall not have power of arrest, nor shall the applicant be permitted to carry firearms, until he or she reaches 21 years of age. (f) Applicants who are 18 years of age and who have successfully completed 2 years of study in fire techniques, amounting to a total of 4 high school credits, within the cadet program of a municipality may be considered for appointment to active duty with the fire department of any municipality. (g) The council or board of trustees may by ordinance provide that persons residing outside the municipality are eligible to take the examination. (h) The examinations shall be practical in character and relate to those matters that will fairly test the capacity of the persons examined to discharge the duties of the positions to which they seek appointment. No person shall be appointed to the police or fire department if he or she does not possess a high school diploma or an equivalent high school education. A board of fire and police commissioners may, by its rules, require police applicants to have obtained an associate's degree or a bachelor's degree as a prerequisite for employment. The examinations shall include tests of physical qualifications and health. No person shall be appointed to the police or fire department if he or she has suffered the amputation of any limb unless the applicant's duties will be only clerical or as a radio operator. No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the board of fire and police commissioners of the municipality as provided in this Division 2.1. (i) No person who is classified by his local selective service draft board as a conscientious objector, or who has ever been so classified, may be appointed to the police department. (j) No person shall be appointed to the police or fire department unless he or she is a person of good character and not an habitual drunkard, gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. No person, however, shall be disqualified from appointment to the fire department because of his or her record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section 24-1 of the Criminal Code of 1961 or arrest for any cause without conviction on that cause. Any such person who is in the department may be removed on charges brought and after a trial as provided in this Division 2.1. (Source: P.A. 89-52, eff. 6-30-95; 90-445, eff. 8-16-97; 90-481, eff. 8-17-97; 90-655, eff. 7-30-98.) The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 148 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 273 A bill for AN ACT concerning professional regulation.
43 [May 18, 2001] 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. 273. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 273 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Fire Sprinkler Contractor Licensing Act. Section 5. Legislative intent. It is declared that within the State of Illinois there are, and may continue to be, locations where the improper installation or repair of fire sprinkler systems creates conditions that may adversely affect the public health and general welfare. Therefore, the purpose of this Act is to protect, promote, and preserve the public health and general welfare by providing for the establishment of minimum standards for licensure of fire sprinkler installation contractors. Section 10. Definitions. As used in this Act, unless the context otherwise requires: "Designated certified person" means an individual who has met the qualifications set forth under Section 20 of this Act. "Fire sprinkler contractor" means a person who holds himself or herself out to be in the business of or contracts with a person to install or repair a fire sprinkler system. "Fire sprinkler system" means any water-based automatic fire extinguishing system employing fire sprinklers, including accessory fire pumps and associated piping, fire standpipes, or underground fire main systems starting at the point of service as defined herein and ending at the most remote fire sprinkler. "Fire sprinkler system" includes but is not limited to a fire sprinkler system in a residential, commercial, institutional, educational, public, or private occupancy. "Licensee" means a person or business organization licensed in accordance with this Act. "NICET" means the National Institute for Certification in Engineering Technologies. "Person" means an individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the State of Illinois, or department thereof, any other state-owned and operated institution, or any other entity. "Point of service" means the point of connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code. "Supervision" means the direction and management by a designated certified person of the activities of non-certified personnel in the installation or repair of fire sprinkler systems. Section 12. License; enforcement; failure to pay tax. No person shall act as a fire sprinkler contractor, or advertise or assume to act as such, or use any title implying that such person is engaged in such practice or occupation unless licensed by the State Fire Marshal. No firm, association, or corporation shall act as an agency licensed under this Act, or advertise or assume to act as such, or use any title implying that the firm, association, or corporation is engaged in such practice, unless licensed by the State Fire Marshal. The State Fire Marshal, in the name of the People and through the Attorney General, the State's Attorney of any county, any resident of the State, or any legal entity within the State may apply for injunctive relief in any court to enjoin any person who has not been issued a license or whose license has been suspended, revoked, or not
[May 18, 2001] 44 renewed from practicing a licensed activity, and upon the filing of a verified petition, the court, if satisfied by affidavit or otherwise, that such person is or has been practicing in violation of this Act may enter a temporary restraining order or preliminary injunction, without bond, enjoining the defendant from such further activity. A copy of the verified complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other civil cases. If it is established that the defendant has been or is practicing in violation of this Act, the court may enter a judgment perpetually enjoining the defendant from such further activity. In case of violation of any injunctive order or judgment entered under the provisions of this Section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceeding shall be in addition to all penalties and other remedies in this Act. The State Fire Marshal may refuse to issue a license to, or may suspend the license of, any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. Section 15. Licensing requirements. (a) It shall be unlawful for any person or business to engage in, advertise, or hold itself out to be in the business of installing or repairing fire sprinkler systems in this State after 6 months after the effective date of this Act, unless such person or business is licensed by the State Fire Marshal. This license must be renewed every year. (b) In order to obtain a license, a person or business must submit an application to the State Fire Marshal, on a form provided by the State Fire Marshal containing the information prescribed, along with the application fee. (c) A business applying for a license must have a designated certified person employed at the business location and the designated certified person shall be identified on the license application. (d) A person or business applying for a license must show proof of having liability and property damage insurance in such amounts and under such circumstances as may be determined by the State Fire Marshal. The amount of liability and property damage insurance, however, shall not be less than the amount specified in Section 35 of this Act. (e) A person or business applying for a license must show proof of having workers' compensation insurance covering its employees or be approved as a self-insurer of workers' compensation in accordance with the laws of this State. (f) A person or business so licensed shall have a separate license for each business location within the State or outside the State when the business location is responsible for any installation or repair of fire sprinkler systems performed within the State. (g) When an individual proposes to do business in her or his own name, a license, when granted, shall be issued only to that individual. (h) If the applicant requesting licensure to engage in contracting is a business organization, such as a partnership, corporation, business trust, or other legal entity, the application shall state the name of the partnership and its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members and shall furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the business entity employs a designated certified person as required under Section 20. The license, when issued upon application of a business organization, shall be in the name of the business organization and the name of the qualifying designated certified person shall be noted thereon. (i) A separate license shall be issued to a person or business that is engaged in the installation of fire sprinkler systems only in one or 2 family residential dwellings. Any person or business that obtains this license shall not be required to meet the requirements of the designated certified person pursuant to Section 20 of this Act.
45 [May 18, 2001] Section 20. Designated certified person requirements. (a) A designated certified person must either be a current Illinois licensed professional engineer or hold a valid NICET level 3 or higher certification in "fire protection technology, automatic sprinkler system layout". The designated certified person for a person or business installing fire sprinkler systems in one or 2 family dwellings shall hold a valid NICET level 2 or higher certification. (b) At least one member of every firm, association, or partnership and at least one corporate officer of every corporation engaged in the installation and repair of fire sprinkler systems must be a designated certified person. (c) A designated certified person must be employed by the licensee at a business location with a valid license. (d) A designated certified person must perform his or her normal duties at a business location with a valid license. (e) A designated certified person may only be the designated certified person for one business location and one business entity. (f) A designated certified person must be directly involved in supervision. The designated certified person does not, however, have to be at the site of the installation or repair of the fire sprinkler system at all times. Section 25. Change of a designated certified person. When a licensee is without a designated certified person, the licensee shall notify the State Fire Marshal in writing within 30 days and shall employ a designated certified person no later than 180 days from the time the position of designated certified person becomes vacant. Failing to fill the vacant position shall cause the license of the person or of the business organization to expire without further operation of law. Section 30. Requirements for the installation and repair of fire protection systems. (a) Equipment shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc. or Factory Mutual Laboratories, Inc., or shall comply with nationally accepted standards. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory's facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination. (b) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer's specifications. (c) Each piece of equipment supplied shall be guaranteed for a period of one year against defects in material or operations. (d) The contractor shall furnish the user with operating instructions for all equipment installed, together with a diagram of the final installation. (e) All fire sprinkler systems shall have a backflow prevention device installed by a licensed plumber before the point of service. Section 35. Fees and required insurance. (a) The fees for an original license and each renewal and for duplicate copies of licenses shall be determined by the State Fire Marshal by rule. (b) Any person who fails to file a renewal application by the date of expiration of a license shall be assessed a late filing charge, which shall be determined by the State Fire Marshal by rule. (c) All fees shall be paid by check or money order. Any fee required by this Act is not refundable in the event that the original application or application for renewal is denied. (d) Every application for an original license shall be accompanied by a certificate of insurance issued by an insurance company authorized to do business in the State of Illinois or by a risk retention or purchasing group formed pursuant to the federal Liability Risk Retention Act of 1986, which provides primary, first dollar public liability coverage of the applicant or licensee for personal injuries for not less than $500,000 per person or $1,000,000 per occurrence,
[May 18, 2001] 46 and, in addition, for not less than $1,000,000 per occurrence for property damage. The insurance policy shall be in effect at all times during the license year and a new certificate of insurance shall be filed with the State Fire Marshal within 30 days after the renewal of the insurance policy. Section 40. Deposit of fines and fees; appropriation. All administrative civil fines and fees collected pursuant to the Act shall be deposited into the Fire Prevention Fund, a special fund in the State treasury. The General Assembly shall appropriate the amount annually collected as administrative civil fines and fees to the State Fire Marshal for the purposes of administering this Act. Section 45. Home rule. A home rule unit may not regulate the installation and repair of fire sprinkler systems in a manner less restrictive than the regulation by the State on the installation and repair of fire sprinkler systems under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. Section 50. Powers and duties of the State Fire Marshal. The State Fire Marshal has all of the following powers and duties: (a) To prescribe and furnish application forms, licenses, and any other forms necessary under this Act. (b) To suspend, revoke, or refuse to issue or renew licenses for cause. (c) To conduct hearings concerning the suspension, revocation, or refusal to issue or renew licenses. (d) To levy and collect fines pursuant to this Act. (e) To promulgate rules and regulations necessary for the administration of this Act. Section 55. Rules; public hearing. Subject to the requirement for public hearings as provided in this Section, the State Fire Marshal shall promulgate, publish, and adopt, and may, from time to time, amend such rules as may be necessary for the proper enforcement of this Act, to protect the health and safety of the public. The State Fire Marshal shall hold a public hearing prior to the adoption or amendment of rules required under this Act. The State Fire Marshal may, when necessary, utilize the services of any other State agency to assist in carrying out the purposes of this Act. Section 60. Grounds for disciplinary action. The following constitute grounds for disciplinary action by the State Fire Marshal: (1) Violation of any provision of this Act or of any rule adopted pursuant thereto. (2) Violation of the applicable building codes or laws of this State or any municipality or county thereof. (3) Diversion of funds or property received for prosecution or completion of a specified construction project or operation when, as a result of the diversion, the contractor is, or will be, unable to fulfill the terms of her or his obligation or contract. (4) Disciplinary action by any municipality or county, which action shall be reviewed by the State Fire Marshal before taking any disciplinary action. (5) Failure to supervise the installation of the fire protection system covered by the installation permit signed by the contractor. (6) Rendering a fire protection system, standpipe system, or underground water supply main connecting to the system inoperative except when the fire protection system, standpipe system, or underground water supply main is being inspected, serviced, tested, or repaired or pursuant to court order. (7) Improperly servicing, repairing, testing, or inspecting a fire protection system, standpipe system, or underground water supply main connecting to the system. (8) Failing to provide proof of insurance to the State Fire Marshal or failing to maintain in force the insurance coverage required by this Act. (9) Failing to obtain, retain, or maintain one or more of the qualifications for a designated certified person as specified in this
47 [May 18, 2001] Act. (10) Making a material misstatement or misrepresentation or committing a fraud in obtaining or attempting to obtain a license. (11) Failing to notify the State Fire Marshal, in writing, within 30 days after a change of residence address, principal business address, or name. (12) Failure to supply within a reasonable time, upon request from the State Fire Marshal or its authorized representative, true information regarding material used, work performed, or other information essential to the administration of this Act. (13) Aiding or abetting a person to violate a provision of this Act, conspiring with any person to violate a provision of this Act, or allowing a license to be used by another person. Section 65. Notice; suspension, revocation, or refusal to renew a license. (a) Whenever the State Fire Marshal determines that there are reasonable grounds to believe that a licensee has violated a provision of this Act or the rules adopted under this Act, the State Fire Marshal shall give notice of the alleged violation to the person whom the license was issued. The notice shall (i) be in writing; (ii) include a statement of the alleged violation which necessitates issuance of the notice; (iii) contain an outline of remedial action that, if taken, will effect compliance with the provisions of this Act and the rules adopted under this Act; (iv) prescribe a reasonable time, as determined by the State Fire Marshal, for the performance of any action required by the notice; and (iv) be served upon the licensee. The notice shall be deemed to have been properly served upon the person when a copy of the notice has been sent by registered or certified mail to his or her last known address as furnished to the State Fire Marshal or when he or she has been served the notice by any other method authorized by law. (b) If the person to whom the notice is served does not comply with the terms of the notice within the time limitations specified in the notice, the State Fire Marshal may proceed with action to suspend, revoke, or refuse to issue a license as provided in this Section. (c) Other requirements of this Act notwithstanding, when the State Fire Marshal determines that reasonable grounds exist to indicate that a violation of this Act has been committed and the violation is the third separate violation by that person in an 18-month period, the notice requirement of subsection (a) of this Section is waived and the State Fire Marshal may proceed immediately with action to suspend, revoke, or refuse to issue a license. (d) In any proceeding to suspend, revoke, or refuse to issue a license, the State Fire Marshal shall first serve or cause to be served upon the licensee a written notice of the State Fire Marshal's intent to take action. The notice shall specify the way in which the person has failed to comply with this Act or any other rules or standards of the State Fire Marshal. (e) In the case of revocation or suspension, the notice shall require the person to remove or abate the violation or objectionable condition specified in the notice within 5 days. The State Fire Marshal may specify a longer period of time as it deems necessary. If the person fails to comply with the terms and conditions of the revocation or suspension notice within the time specified by the State Fire Marshal, the State Fire Marshal may revoke or suspend the license. (f) In the case of refusal to issue a license, if the person fails to comply with the Act or rules or standards promulgated under the Act, the State Fire Marshal may refuse to issue a license. Section 70. Administrative hearing. The State Fire Marshal shall give written notice by certified or registered mail to an applicant or licensee of the State Fire Marshal's intent to suspend, revoke, or refuse to issue a license or to assess a fine. Such person has a right to a hearing before the State Fire Marshal. A written notice of a request for a hearing shall be served on the State Fire Marshal within 10 days of notice of the refusal, suspension, or revocation of a license or imposition of a fine. The hearing shall be conducted by the State Fire Marshal or a hearing officer designated in writing by the
[May 18, 2001] 48 State Fire Marshal. A stenographic record shall be made of the hearing and the cost of the hearing shall be borne by the State Fire Marshal. A transcript of the hearing shall be made only upon request of the applicant or licensee and shall be transcribed at the cost of that person. Section 75. Subpoena powers; administration of oath. The State Fire Marshal or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers. All subpoenas issued by the State Fire Marshal or hearing officer may be served as provided for in a civil action. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party at whose request the subpoena is issued. If such subpoena is issued at the request of the State Fire Marshal, the witness fee shall be paid as an administrative expense. In the case of refusal of a witness to attend or testify or to produce books or papers concerning any matter upon which he or she might be lawfully examined, the circuit court of the county where the hearing is held, upon application of any party to the proceeding, may compel obedience by a proceeding for contempt. The State Fire Marshal or hearing officer has the authority to administer oaths to witnesses. Section 80. Deposition of witnesses; testimony at hearing recorded. In the event of the inability of any party or the State Fire Marshal to procure the attendance of witnesses to give testimony or produce books and papers, the party or the State Fire Marshal may take the deposition of witnesses in accordance with the laws of this State. All testimony taken at a hearing shall be reduced to writing and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. Section 85. Certification of record. The State Fire Marshal is not required to certify any record or file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court the sum of one dollar per page representing the costs of the certification. Failure on the part of the plaintiff to make the deposit shall be grounds for dismissal of the action. Section 90. Injunction. Faulty fire sprinkler installation and repair is declared a violation of this Act and inimical to the public health, welfare, and safety and a deceptive business practice. The State Fire Marshal, in the name of the people of the State, through the Attorney General or the State's Attorney of the county in which the violation occurs may, in addition to other remedies herein provided, bring an action for an injunction to restrain such violation or enjoin the future performance of the person who committed the violation until compliance with the provisions of this Act has been obtained. Section 95. Penalty. Any person who violates this Act or any rule adopted by the State Fire Marshal, or who violates any determination or order of the State Fire Marshal under this Act shall be guilty of a Class A misdemeanor and shall be fined a sum not less than $100. Each day's violation constitutes a separate offense. The State's Attorney of the county in which the violation occurred or the Attorney General shall bring such actions in the name of the people of the State of Illinois. Section 100. Administrative civil fines. The State Fire Marshal is empowered to assess administrative civil fines against a licensee for violations of this Act or its rules. These fines shall not be greater than $1,000 for each offense. These fines shall be in addition to, or in lieu of, license suspensions and revocations. Rules to implement this Section shall be adopted by the State Fire Marshal within 6 months after the effective date of this Act. The hearing officer shall, upon determination that a violation of the Act or rules has occurred, determine the amount of these fines. Any fine assessed and not paid within 60 days after receiving notice of the fine from the State Fire Marshal may be submitted to the Attorney General's office for collection. Failure to pay a fine shall also be
49 [May 18, 2001] grounds for immediate suspension or revocation of a license issued under this Act. Section 105. Judicial review of final administrative decision. The Administrative Review Law and the rules adopted under the Administrative Review Law apply to and govern all proceedings for judicial review of final administrative decisions of the State Fire Marshal under this Act. Such judicial review shall be had in the circuit court of the county in which the cause of the action arose. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure. Section 110. Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the State Fire Marshal under this Act, except that, in the case of conflict between the Illinois Administrative Procedure Act and this Act, the provisions of this Act shall control, and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the State Fire Marshal is precluded by law from exercising any discretion. Section 115. Severability clause. If any part of this Act is adjudged invalid, such adjudication shall not affect the validity of the Act as a whole or of any other part. Section 120. Grandfather clause. Any person or business that, as of the effective date of this Act, is installing or repairing fire sprinkler systems in the State of Illinois and has a minimum of 3 years of experience in fire sprinkler contracting is exempt from having a designated certified person as required in Section 20. Section 999. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 273 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 512 A bill for AN ACT concerning mineral rights. 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. 512. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 512 as follows: on page 1, line 29, by inserting after the period the following: "Nothing in this amendatory Act of the 92nd General Assembly shall be construed as allowing an owner of a mineral interest in coal to mine and remove the coal by the surface method of mining without first obtaining the consent of all of the owners of the surface to the mining and removal of coal by the surface method of mining.".
[May 18, 2001] 50 The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 512 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 572 A bill for AN ACT concerning the regulation of professions. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 572. Senate Amendment No. 3 to HOUSE BILL NO. 572. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 572 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Physical Therapy Act is amended by changing Sections 1 and 2 and adding Sections 0.05 and 14.1 as follows: (225 ILCS 90/0.05 new) Sec. 0.05. Legislative Intent. This Act is enacted for the purpose of protecting the public health, safety, and welfare, and for providing for State administrative control, supervision, licensure, and regulation of the practice of physical therapy. It is the legislature's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this Act. This Act shall be liberally construed to promote the public interest and to accomplish the purpose stated herein. This Act does not prohibit a person licensed under any other Act in this State from engaging in the practice for which he or she is licensed. (225 ILCS 90/1) (from Ch. 111, par. 4251) Sec. 1. Definitions. As used in this Act: (1) "Physical therapy" means the evaluation or treatment of a person by the use of the effective properties of physical measures and heat, cold, light, water, radiant energy, electricity, sound, and air; and the use of therapeutic massage, therapeutic exercise, mobilization, and the rehabilitative procedures with or without assistive devices for the purposes of preventing, correcting, or alleviating a physical or mental disability, or promoting physical fitness and well-being. Physical therapy includes, but is not limited to: (a) performance of specialized tests and measurements, (b) administration of specialized treatment procedures, (c) interpretation of referrals from physicians, dentists and podiatrists, (d) establishment, and modification of physical therapy treatment programs, (e) administration of topical medication used in generally accepted physical therapy procedures when such medication is prescribed by the patient's physician, licensed to practice medicine in all its branches, the patient's physician licensed to practice podiatric medicine, or the patient's dentist, and (f) supervision or teaching of physical therapy. Physical therapy does not include radiology, electrosurgery, chiropractic technique or determination of a differential diagnosis; provided, however, the limitation on determining a differential diagnosis shall not in any
51 [May 18, 2001] manner limit a physical therapist licensed under this Act from performing an evaluation pursuant to such license. Nothing in this Section shall limit a physical therapist from employing appropriate physical therapy techniques that he or she is educated and licensed to perform. A physical therapist shall refer to a licensed physician, dentist, or podiatrist any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the physical therapist. (2) "Physical therapist" means a person who practices physical therapy and who has met all requirements as provided in this Act. (3) "Department" means the Department of Professional Regulation. (4) "Director" means the Director of Professional Regulation. (5) "Committee" means the Physical Therapy Examining Committee approved by the Director. (6) "Referral" for the purpose of this Act means the following of guidance or direction to the physical therapist given by the physician, dentist, or podiatrist who shall maintain supervision of the patient. (7) "Documented current and relevant diagnosis" for the purpose of this Act means a diagnosis, substantiated by signature or oral verification of a physician, dentist, or podiatrist, that a patient's condition is such that it may be treated by physical therapy as defined in this Act, which diagnosis shall remain in effect until changed by the physician, dentist or podiatrist. (8) "State" includes: (a) The states of the United States of America; (b) District of Columbia; or (c) The Commonwealth of Puerto Rico. (9) "Physical therapist assistant" means a person licensed to assist a physical therapist and who has met all requirements as provided in this Act and who works under the supervision of a licensed physical therapist to assist in implementing the physical therapy treatment program as established by the licensed physical therapist. The patient care activities provided by the physical therapist assistant shall not include the interpretation of referrals, evaluation procedures, the planning of, or major modifications of, patient programs. (10) "Physical therapy "aides"
[May 18, 2001] 52 exceeding 6 months by a person who is in this State on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project, and who meets the qualifications for a physical therapist as set forth in Sections 7 and 8 of this Act and is licensed in another state as a physical therapist. (4) Practice of physical therapy by qualified persons who have filed for endorsement for no longer than one year or until such time that notification of licensure has been granted or denied, whichever period of time is lesser. (5) One or more licensed physical therapists from forming a professional service corporation under the provisions of the "Professional Service Corporation Act", approved September 15, 1969, as now or hereafter amended, and licensing such corporation for the practice of physical therapy. (6) Physical therapy aides from performing patient care activities under the direction and on-site supervision of a licensed physical therapist or licensed physical therapist assistant who is present in the immediate area and who is involved in each treatment session in which a component of treatment is directed to a physical therapy aide.
53 [May 18, 2001] everything after the enacting clause with the following: "Section 5. The Illinois Physical Therapy Act is amended by adding Sections 0.05 and 14.1 as follows: (225 ILCS 90/0.05 new) Sec. 0.05. Legislative Intent. This Act is enacted for the purpose of protecting the public health, safety, and welfare, and for providing for State administrative control, supervision, licensure, and regulation of the practice of physical therapy. It is the legislature's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this Act. This Act shall be liberally construed to promote the public interest and to accomplish the purpose stated herein. This Act does not prohibit a person licensed under any other Act in this State from engaging in the practice for which he or she is licensed or from delegating services as provided for under that other Act. (225 ILCS 90/14.1 new) Sec. 14.1. Continuing education renewal requirements. The Department shall promulgate rules concerning continuing education for persons licensed under this Act that require 40 hours of continuing education per license renewal cycle for a physical therapist and 20 hours of continuing education per license renewal cycle for a physical therapist assistant. In establishing these rules, the Department shall consider education required for the 2 categories of licensees to maintain current knowledge and understanding of their respective scope of practice, professional ethics, and standards of care, as described in this Act, and in material provided by relevant professional associations. The Department shall also consider the educational requirements for board certification in physical therapy specialty areas, requirements for advanced clinical or academic degrees related to physical therapy, requirements for attaining advanced skills specific to particular practice environments and patient populations, and the educational needs related to special interest groups within the professions. These rules shall assure that licensees are given the opportunity to participate in those programs sponsored by or through their professional associations, hospitals, or employers and which are relevant to their practice. These rules shall also address variances for illness or hardship. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 572 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 678 A bill for AN ACT relating to schools. 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. 678.
[May 18, 2001] 54 Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 678 on page 2, by replacing line 3 with the following: "(c) This Section is repealed on July 1, 2005
55 [May 18, 2001] Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1000 by replacing everything after the enacting clause with the following: "Section 5. The Liquor Control Act of 1934 is amended by changing Sections 6-16 and 8-12 as follows: (235 ILCS 5/6-16) (from Ch. 43, par. 131) Sec. 6-16. Prohibited sales and possession. (a) (i) No licensee nor any officer, associate, member, representative, agent, or employee of such licensee shall sell, give, or deliver alcoholic liquor to any person under the age of 21 years or to any intoxicated person, except as provided in Section 6-16.1. (ii) No express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State shall knowingly give or knowingly deliver to a residential address any shipping container clearly labeled as containing alcoholic liquor and labeled as requiring signature of an adult of at least 21 years of age to any person in this State under the age of 21 years. An express company, common carrier, or contract carrier that carries or transports such alcoholic liquor for delivery within this State shall obtain a signature at the time of delivery acknowledging receipt of the alcoholic liquor by an adult who is at least 21 years of age. At no time while delivering alcoholic beverages within this State may any representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State deliver the alcoholic liquor to a residential address without the acknowledgment of the consignee and without first obtaining a signature at the time of the delivery by an adult who is at least 21 years of age. A signature of a person on file with the express company, common carrier, or contract carrier does not constitute acknowledgement of the consignee. Any express company, common carrier, or contract carrier that transports alcoholic liquor for delivery within this State that violates this item (ii) of this subsection (a) by delivering alcoholic liquor without the acknowledgement of the consignee and without first obtaining a signature at the time of the delivery by an adult who is at least 21 years of age is guilty of a business offense for which the express company, common carrier, or contract carrier that transports alcoholic liquor within this State shall be fined not more than $1,001 for a first offense, not more than $5,000 for a second offense, and not more than $10,000 for a third or subsequent offense. An express company, common carrier, or contract carrier shall be held vicariously liable for the actions of its representatives, agents, or employees. For purposes of this Act, in addition to other methods authorized by law, an express company, common carrier, or contract carrier shall be considered served with process when a representative, agent, or employee alleged to have violated this Act is personally served. Each shipment of alcoholic liquor delivered in violation of this item (ii) of this subsection (a) constitutes a separate offense. (iii) No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service. Except as otherwise provided in item (ii), any express company, common carrier, or contract carrier that transports alcoholic liquor within this State that
[May 18, 2001] 56 transports alcoholic liquor for delivery within this State, is prosecuted under this paragraph of this subsection (a) for selling, giving, or delivering alcoholic liquor to a person under the age of 21 years, the person under 21 years of age who attempted to buy or receive the alcoholic liquor may be prosecuted pursuant to Section 6-20 of this Act, unless the person under 21 years of age was acting under the authority of a law enforcement agency, the Illinois Liquor Control Commission, or a local liquor control commissioner pursuant to a plan or action to investigate, patrol, or conduct any similar enforcement action. For the purpose of preventing the violation of this Section, any licensee, or his agent or employee, or a representative, agent, or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State, may refuse to sell, deliver, or serve alcoholic beverages to any person who is unable to produce adequate written evidence of identity and of the fact that he or she is over the age of 21 years. Adequate written evidence of age and identity of the person is a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. Proof that the defendant-licensee, or his employee or agent, or the representative, agent, or employee of the express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State demanded, was shown and reasonably relied upon such written evidence in any transaction forbidden by this Section is an affirmative defense in any criminal prosecution therefor or to any proceedings for the suspension or revocation of any license based thereon. It shall not, however, be an affirmative defense if the agent or employee accepted the written evidence knowing it to be false or fraudulent. If a false or fraudulent Illinois driver's license or Illinois identification card is presented by a person less than 21 years of age to a licensee or the licensee's agent or employee for the purpose of ordering, purchasing, attempting to purchase, or otherwise obtaining or attempting to obtain the serving of any alcoholic beverage, the law enforcement officer or agency investigating the incident shall, upon the conviction of the person who presented the fraudulent license or identification, make a report of the matter to the Secretary of State on a form provided by the Secretary of State. However, no agent or employee of the licensee or employee of an express company, common carrier, or contract carrier that carries or transports alcoholic liquor for delivery within this State shall be disciplined or discharged for selling or furnishing liquor to a person under 21 years of age if the agent or employee demanded and was shown, before furnishing liquor to a person under 21 years of age, adequate written evidence of age and identity of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the Armed Forces. This paragraph, however, shall not apply if the agent or employee accepted the written evidence knowing it to be false or fraudulent. Any person who sells, gives, or furnishes to any person under the age of 21 years any false or fraudulent written, printed, or photostatic evidence of the age and identity of such person or who sells, gives or furnishes to any person under the age of 21 years evidence of age and identification of any other person is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. Any person under the age of 21 years who presents or offers to any licensee, his agent or employee, any written, printed or photostatic evidence of age and identity that is false, fraudulent, or not actually his or her own for the purpose of ordering, purchasing, attempting to
57 [May 18, 2001] purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, who falsely states in writing that he or she is at least 21 years of age when receiving alcoholic liquor from a representative, agent, or employee of an express company, common carrier, or contract carrier, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, the following: a fine of not less than $500 and at least 25 hours of community service. If possible, any community service shall be performed for an alcohol abuse prevention program. Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a Class A misdemeanor. This Section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment. (a-1) It is unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under the age of 21, in a manner that constitutes a violation of this Section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this Section if he or she knowingly authorizes, enables, or permits such use to occur by failing to control access to either the residence or the alcoholic liquor maintained in the residence. Any person who violates this subsection (a-1) is guilty of a Class A misdemeanor and the person's sentence shall include, but shall not be limited to, a fine of not less than $500. Nothing in this subsection (a-1) shall be construed to prohibit the giving of alcoholic liquor to a person under the age of 21 years in the performance of a religious ceremony or service. (b) Except as otherwise provided in this Section whoever violates this Section shall, in addition to other penalties provided for in this Act, be guilty of a Class A misdemeanor. (c) Any person shall be guilty of a Class A misdemeanor where he or she knowingly permits a gathering at a residence which he or she occupies of two or more persons where any one or more of the persons is under 21 years of age and the following factors also apply: (1) the person occupying the residence knows that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage; and (2) the possession or consumption of the alcohol by the person under 21 is not otherwise permitted by this Act; and (3) the person occupying the residence knows that the person under the age of 21 leaves the residence in an intoxicated condition. For the purposes of this subsection (c) where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied only by the tenant or lessee. (d) Any person who rents a hotel or motel room from the proprietor or agent thereof for the purpose of or with the knowledge that such room shall be used for the consumption of alcoholic liquor by persons under the age of 21 years shall be guilty of a Class A misdemeanor. (Source: P.A. 89-250, eff. 1-1-96; 90-355, eff. 8-10-97; 90-432, eff. 1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.) (235 ILCS 5/8-12) (from Ch. 43, par. 164 3/4) Sec. 8-12. It shall be the duty of every railroad company, express company, common or contract carrier, and of every person, firm or corporation that shall bring, carry or transport alcoholic liquors into the State of Illinois for delivery in said State or which are delivered in said State, to prepare and file with the Department of Revenue for each month, not later than the fifteenth day of the month following that for which it is made, a report stating therein the name of the company, carrier, person, firm or corporation making the report,
[May 18, 2001] 58
59 [May 18, 2001] Senate Amendment No. 1 to HOUSE BILL NO. 1011. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1011, on page 3, by replacing line 5 with the following: "prevents a municipality of more than 112,000 population located in a county of less than 185,000 population that has adopted"; and on page 3, line 12, after "agreement.", by inserting the following: "The county and the municipality must amend their individual zoning maps in the same manner as other zoning changes are incorporated into revised zoning maps.". on page 4, immediately below line 27, by inserting the following: "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 1011 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1096 A bill for AN ACT concerning alternative learning opportunities. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1096. Senate Amendment No. 2 to HOUSE BILL NO. 1096. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1096 as follows: on page 1, line 5, by replacing "3-15.12" with "2-3.33a, 3-15.12,"; and on page 1, immediately below line 6, by inserting the following: "(105 ILCS 5/2-3.33a) Sec. 2-3.33a. Audit adjustments prohibited; alternative education program. The State Board of Education shall not make audit adjustments to general State aid claims paid in fiscal years 1999, 2000, 2001,
[May 18, 2001] 60 on page 7, by deleting lines 1 through 8; and on page 7, line 9, by replacing "13B-15.10" with "13B-15.5"; and on page 7, line 10, by replacing "13B-15.10" with "13B-15.5"; and on page 7, line 12, by replacing "13B-15.15" with "13B-15.10"; and on page 7, line 13, by replacing "13B-15.15" with "13B-15.10"; and on page 7, lines 14 through 16, by replacing "whose circumstances threaten his or her ability to master the curriculum" with "at risk of not meeting the Illinois Learning Standards or not graduating from elementary or high school"; and on page 7, line 20, by replacing "13B-15.20" with 13B-15.15"; and on page 7, line 21, by replacing "13B-15.20" with "13B-15.15"; and on page 8, line 4, by replacing "13B-15.25" with "13B-15.20"; and on page 8, line 5, by replacing "13B-15.25" with "13B-15.20"; and on page 8, line 6, by replacing "may include without limitation" with "include"; and on page 8, line 20, by replacing "at-risk students" with "students at risk of academic failure"; and on page 8, line 26, after "programs" by inserting "to assist high school dropouts in completing their education"; and on page 9, by deleting lines 1 through 9; and on page 9, line 10, by replacing "13B-20.15" with "13B-20.10"; and on page 9, line 11, by replacing "13B-20.15" with "13B-20.10"; and on page 9, line 26, by replacing "13B-20.20" with "13B-20.15"; and on page 9, line 27, by replacing "13B-20.20" with "13B-20.15"; and on page 10, line 4, by replacing "13B-20.25" with "13B-20.20"; and on page 10, line 5, by replacing "13B-20.25" with "13B-20.20"; and on page 10, line 13, by replacing "13B-20.30" with "13B-20.25"; and on page 10, line 14, by replacing "13B-20.30" with "13B-20.25"; and on page 10, line 15, after "meet", by inserting "enrollment"; and on page 10, line 16, by deleting ""at-risk student" or"; and on page 10, line 19, after the period, by inserting the following: "All rights granted under this Article to a student's parent or guardian become exclusively those of the student upon the student's 18th birthday."; and on page 10, line 20, by replacing "13B-20.35" with "13B-20.30"; and on page 10, line 21, by replacing "13B-20.35" with "13B-20.30"; and on page 10, line 25, by replacing "13B-20.40" with "13B-20.35"; and on page 10, line 26, by replacing "13B-20.40" with "13B-20.35"; and on page 11, line 28, after "program", by inserting "and for transitioning students as appropriate back to the regular school program"; and on page 12, line 3, by replacing "Board" with "Superintendent of Education before enrolling students in the program"; and on page 12, line 22, by replacing "at-risk student population" with "students at risk of academic failure"; and on page 12, line 27, by replacing "at-risk students" with "students at risk of academic failure"; and on page 13, line 1, by replacing "at-risk students" with "students at risk of academic failure"; and on page 14, line 14, by replacing "at-risk students" with "students at risk of academic failure"; and on page 14, line 18, after "Board", by inserting "; rules"; and on page 14, line 20, after the period, by inserting the following: "The State Board may adopt rules as necessary to implement this Article."; and on page 14, line 27, by replacing "at-risk students" with "students at risk of academic failure"; and on page 18, line 19, after "education", by inserting "advocacy"; and on page 18, line 21, after "representatives", by inserting "and child advocates"; and on page 18, line 31, by replacing "at-risk students" with "students at risk of academic failure"; and on page 24, by replacing lines 16 through 25 with the following: "Sec. 13B-60.5. Request for enrollment. A school district that operates an alternative learning opportunities program shall ensure that parents and guardians are aware of the program and the services
61 [May 18, 2001] that the program offers. A student may be enrolled in the program only upon the request of the student or the student's parent or guardian and only after a conference under Section 13B-60.10 of this Code has been held."; and on page 24, line 26, by replacing "13B-60.15" with "13B-60.10"; and on page 24, line 27, by replacing "13B-60.15" with 13B-60.10"; and on page 24, line 28, by replacing "voluntarily admitted or administratively transferred to" with "enrolled in"; and on page 25, line 6, after the period, by inserting the following: "The conference shall include a discussion of the extent to which the student, if enrolled in the program, may participate in school activities. No student shall be enrolled in an alternative learning opportunities program without the consent of the student's parent or guardian."; and on page 25, by deleting lines 7 through 20; and on page 25, line 21, by replacing "13B-60.30" with "13B-60.15"; and on page 25, line 22, by replacing "13B-60.30" with "13B-60.15"; and on page 25, line 26, after the period, by inserting the following: "Upon request of the student's parent or guardian, the school district shall review the student's progress using procedures established by the district. A student shall remain in the program only with the consent of the student's parent or guardian and shall be returned to the regular school program upon the request of the student's parent or guardian."; and on page 25, by replacing lines 27 through 30 with the following: "(105 ILCS 5/13B-60.20 new) Sec. 13B-60.20. Enrollment of special education students. Any enrollment of a special education student in an alternative learning opportunities program must be done only in accordance with the student's individualized education plan. The student's individualized education plan must be implemented in the program by appropriately certified personnel."; and on page 26, by deleting lines 1 and 2; and on page 26, line 3, by replacing "13B-60.40" with "13B-60.25"; and on page 26, line 4, by replacing "13B-60.40" with "13B-60.25"; and on page 26, line 7, by replacing "each of his or her parents or guardians" with "his or her parent or guardian"; and on page 26, lines 27 through 29, by replacing "it has been determined that a student's attendance is not adequate enough to benefit from the regular school program" with "a student is a chronic or habitual truant as defined in Section 26-2a of this Code"; and on page 27, line 18, by replacing "may" with "must"; and on page 27, line 22, by deleting "and"; and on page 27, line 23, by replacing "is acceptable to the district" with "meets district standards"; and on page 28, line 29, by replacing "July 1, 2001" with "January 1, 2002". AMENDMENT NO. 2. Amend House Bill 1096, AS AMENDED, as follows: in Section 5, Sec. 13B-5, par. (5), after "laws", by inserting "and rules"; and in Section 5, Sec. 13B-20.30, before the sentence beginning "An alternative", by inserting "A school district must consider offering an alternative learning opportunities program on-site in the regular school."; and in Section 5, Sec. 13B-30.10, after "applicable", by inserting "federal and"; and in Section 5, Sec. 13B-60.15, the sentence beginning "A student shall remain", before "returned", by inserting "promptly"; and in Section 5, Sec. 13B-60.20, the sentence beginning "Any enrollment", by replacing "in accordance with" with "if included in". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1096 was placed on the Calendar on the order of Concurrence.
[May 18, 2001] 62 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 1148 A bill for AN ACT in relation to environmental safety. 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. 1148. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1148 by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Section 9.8 as follows: (415 ILCS 5/9.8) Sec. 9.8. Emissions reductions market system. (a) The General Assembly finds: (1) That achieving compliance with the ozone attainment provisions of federal Clean Air Act Amendments (CAAA) of 1990 calls for innovative and cost-effective implementation strategies. (2) That economic incentives and market-based approaches can be used to achieve clean air compliance in an innovative and cost-effective manner. (3) That development and operation of an emissions market system should significantly lessen the economic impacts associated with implementation of the federal Clean Air Act Amendments of 1990 and still achieve the desired air quality for the area. (b) The Agency shall design an emissions market system that will assist the State in meeting applicable post-1996 provisions under the CAAA of 1990, provide maximum flexibility for designated sources that reduce emissions, and that takes into account the findings of the national ozone transport assessment, existing air quality conditions, and resultant emissions levels necessary to achieve or maintain attainment. (c) The Agency may develop proposed rules for a market-based emissions reduction, banking, and trading system that will enable stationary sources to implement cost-effective, compliance options. In developing such a market system, the Agency may take into consideration a suitable ozone control season and related reconciliation period, seasonal allotments of actual emissions and adjustments thereto, phased participation by size of source, suitable emissions and compliance monitoring provisions, an annual allotment set-aside for market assurance, and suitable means for the market system to be provided for in an appropriate State implementation plan. The proposal shall be filed with the Board and shall be subject to the rulemaking provisions of Sections 27 and 28 of this Act. The rules adopted by the Board shall include provisions that: (1) Assure that compliance with the required emissions reductions under the market system shall be, at a minimum, as cost-effective as the traditional regulatory control requirements in the State of Illinois. (2) Assure that emissions reductions under the market system will not be mandated unless it is necessary for the attainment and maintenance of the National Ambient Air Quality Standard for ozone
63 [May 18, 2001] in the Chicago nonattainment area, as required of this State by applicable federal law or regulation. (3) Assure that sources subject to the program will not be required to reduce emissions to an extent that exceeds their proportionate share of the total emission reductions required of all emission sources, including mobile and area sources, to attain and maintain the National Ambient Air Quality Standard for ozone in the Chicago nonattainment area. (4) Assure that credit is given or exclusion is granted for those emission units which have reduced emissions, either voluntarily or through the application of maximum available control technology or national emissions standards for hazardous air pollutants, such that those reductions would be counted as if they had occurred after the initiation of the program. Emission reductions resulting from any supplemental environmental project imposed in any judicial consent order to reduce the stipulated penalty amount imposed by the order may not be used to determine baseline emissions for a bakery facility (Standard Industrial Classification 2051), provided the consent order was imposed after January 1, 1994, but prior to January 1, 2000. (5) Assure that unusual or abnormal operational patterns can be accounted for in the determination of any source's baseline from which reductions would be made. (6) Assure that relative economic impact and technical feasibility of emissions reductions under the banking and trading program, as compared to other alternatives, is considered. (7) Assure that the feasibility of measuring and quantifying emissions is considered in developing and adopting the banking and trading program. (d) Notwithstanding the other provisions of this Act, any source or other authorized person that participates in an emissions market system shall be eligible to exchange allotment trading units with other sources provided that established rules are followed. (e) There is hereby created within the State Treasury an interest-bearing special fund to be known as the Alternative Compliance Market Account Fund, which shall be used and administered by the Agency for the following public purposes: (1) To accept and retain funds from persons who purchase allotment trading units from the Agency pursuant to regulatory provisions and payments of interest and principal. (2) To purchase services, equipment, or commodities that help generate emissions reductions in or around the ozone nonattainment area in Northeastern Illinois. (Source: P.A. 89-173, eff. 7-19-95; 89-465, eff. 6-13-96.) 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 1148 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1277 A bill for AN ACT in relation to taxes. 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:
[May 18, 2001] 64 Senate Amendment No. 1 to HOUSE BILL NO. 1277. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1277 on page 1 by replacing line 5 with the following: "Sections 15-65 and 18-80 as follows: (35 ILCS 200/15-65) Sec. 15-65. Charitable purposes. All property of the following is exempt when actually and exclusively used for charitable or beneficent purposes, and not leased or otherwise used with a view to profit: (a) Institutions of public charity. (b) Beneficent and charitable organizations incorporated in any state of the United States, including organizations whose owner, and no other person, uses the property exclusively for the distribution, sale, or resale of donated goods and related activities and uses all the income from those activities to support the charitable, religious or beneficent activities of the owner, whether or not such activities occur on the property. (c) Old people's homes, facilities for persons with a developmental disability, and not-for-profit organizations providing services or facilities related to the goals of educational, social and physical development, if, upon making application for the exemption, the applicant provides affirmative evidence that the home or facility or organization is an exempt organization under paragraph (3) of Section 501(c) of the Internal Revenue Code or its successor, and either: (i) the bylaws of the home or facility or not-for-profit organization provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services, or (ii) the home or facility is qualified, built or financed under Section 202 of the National Housing Act of 1959, as amended. An applicant that has been granted an exemption under this subsection on the basis that its bylaws provide for a waiver or reduction, based on an individual's ability to pay, of any entrance fee, assignment of assets, or fee for services may be periodically reviewed by the Department to determine if the waiver or reduction was a past policy or is a current policy. The Department may revoke the exemption if it finds that the policy for waiver or reduction is no longer current. If a not-for-profit organization leases property that is otherwise exempt under this subsection to an organization that conducts an activity on the leased premises that would entitle the lessee to an exemption from real estate taxes if the lessee were the owner of the property, then the leased property is exempt. (d) Not-for-profit health maintenance organizations certified by the Director of the Illinois Department of Insurance under the Health Maintenance Organization Act, including any health maintenance organization that provides services to members at prepaid rates approved by the Illinois Department of Insurance if the membership of the organization is sufficiently large or of indefinite classes so that the community is benefited by its operation. No exemption shall apply to any hospital or health maintenance organization which has been adjudicated by a court of competent jurisdiction to have denied admission to any person because of race, color, creed, sex or national origin. (e) All free public libraries. (f) Historical societies. Property otherwise qualifying for an exemption under this Section shall not lose its exemption because the legal title is held (i) by an entity that is organized solely to hold that title and that qualifies under paragraph (2) of Section 501(c) of the Internal Revenue Code or
65 [May 18, 2001] its successor, whether or not that entity receives rent from the charitable organization for the repair and maintenance of the property, (ii) by an entity that is organized as a partnership, in which the charitable organization, or an affiliate or subsidiary of the charitable organization, is a general partner, for the purposes of owning and operating a residential rental property that has received an allocation of Low Income Housing Tax Credits for 100% of the dwelling units under Section 42 of the Internal Revenue Code of 1986, or (iii) for any assessment year including and subsequent to January 1, 1996 for which an application for exemption has been filed and a decision on which has not become final and nonappealable, by a limited liability company organized under the Limited Liability Company Act provided that (A) the limited liability company receives a notification from the Internal Revenue Service that it qualifies under paragraph (2) or (3) of Section 501(c) of the Internal Revenue Code; (B) the limited liability company's sole members, as that term is used in Section 1-5 of the Limited Liability Company Act, are the institutions of public charity that actually and exclusively use the property for charitable and beneficent purposes; and (C) the limited liability company does not lease the property or otherwise use it with a view to profit. (Source: P.A. 90-207, eff. 1-1-98; 91-416, eff. 8-6-99.)"; and on page 2, immediately below line 24, by inserting the following: "Section 90. The State Mandates Act is amended by adding Section 8.25 as follows: (30 ILCS 805/8.25 new) Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1277 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1356 A bill for AN ACT concerning speech. 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. 1356. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1356 on page 1, by replacing line 5 with "Section 21-14 and adding Section 14-1.09b,"; and on page 1, line 9, by replacing ""Speech-language pathologist"" with "For purposes of supervision of a speech-language pathology assistant, "speech-language pathologist""; and on page 6, by deleting lines 3 through 33; and on page 7, by deleting lines 1 through 34; and on page 8, by deleting lines 1 through 34; and on page 9, by deleting lines 1 through 7; and
[May 18, 2001] 66 on page 15, after line 16, by inserting the following: "A speech-language pathologist or audiologist who is licensed under the Illinois Speech-Language Pathology and Audiology Practice Act and who has met the continuing education requirements of that Act and the rules promulgated under that Act shall be deemed to have satisfied the continuing professional development requirements established by the State Board of Education and the Teacher Certification Board to renew a Standard Certificate."; and on page 18, by replacing line 32 with the following: "internships; or"; and on page 19, by replacing lines 16 through 20 with the following: "development."; and on page 29, line 17, after "Code.", by inserting "A holder of a teaching certificate endorsed as a speech-language pathologist who has been granted the Certificate of Clinical Competence by the American Speech-Language Hearing Association may renew his or her Standard Teaching Certificate pursuant to the 10-year renewal cycle set forth in subsection (d) of Section 21-2 of this Code.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1356 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1493 A bill for AN ACT in regard to highways. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1493. Senate Amendment No. 2 to HOUSE BILL NO. 1493. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1493 by replacing everything after the enacting clause with the following: "Section 5. The Toll Highway Act is amended by changing Section 10 and adding Sections 20.2 and 23.5 as follows: (605 ILCS 10/10) (from Ch. 121, par. 100-10) Sec. 10. Authority powers. The Authority shall have power: (a) To pass resolutions, make by-laws, rules and regulations for the management, regulation and control of its affairs, and to fix tolls, and to make, enact and enforce all needful rules and regulations in connection with the construction, operation, management, care, regulation or protection of its property or any toll highways, constructed or reconstructed hereunder. (a-5) To fix, assess, and collect civil fines for a vehicle's operation on a toll highway without the required toll having been paid. The Authority may establish by rule a system of civil administrative adjudication to adjudicate only alleged instances of a vehicle's operation on a toll highway without the required toll having been paid, as detected by the Authority's video surveillance system. Rules
67 [May 18, 2001] establishing a system of civil administrative adjudication must provide for written notice of the alleged violation and an opportunity to be heard on the question of the violation and must provide for the establishment of a toll-free telephone number to receive inquiries concerning alleged violations. Only civil fines may be imposed by administrative adjudication. A fine may be imposed under this paragraph only if a violation is established by a preponderance of the evidence. Judicial review of all final orders of the Authority under this paragraph shall be conducted in accordance with the Administrative Review Law. (b) To prescribe rules and regulations applicable to traffic on highways under the jurisdiction of the Authority, concerning: (1) Types of vehicles permitted to use such highways or parts thereof, and classification of such vehicles; (2) Designation of the lanes of traffic to be used by the different types of vehicles permitted upon said highways; (3) Stopping, standing, and parking of vehicles; (4) Control of traffic by means of police officers or traffic control signals; (5) Control or prohibition of processions, convoys, and assemblages of vehicles and persons; (6) Movement of traffic in one direction only on designated portions of said highways; (7) Control of the access, entrance, and exit of vehicles and persons to and from said highways; and (8) Preparation, location and installation of all traffic signs; and to prescribe further rules and regulations applicable to such traffic, concerning matters not provided for either in the foregoing enumeration or in the Illinois Vehicle Code. Notice of such rules and regulations shall be posted conspicuously and displayed at appropriate points and at reasonable intervals along said highways, by clearly legible markers or signs, to provide notice of the existence of such rules and regulations to persons traveling on said highways. At each toll station, the Authority shall make available, free of charge, pamphlets containing all of such rules and regulations. (c) The Authority, in fixing the rate for tolls for the privilege of using the said toll highways, is authorized and directed, in fixing such rates, to base the same upon annual estimates to be made, recorded and filed with the Authority. Said estimates shall include the following: The estimated total amount of the use of the toll highways; the estimated amount of the revenue to be derived therefrom, which said revenue, when added to all other receipts and income, will be sufficient to pay the expense of maintaining and operating said toll highways, including the administrative expenses of the Authority, and to discharge all obligations of the Authority as they become due and payable. (d) To accept from any municipality or political subdivision any lands, easements or rights in land needed for the operation, construction, relocation or maintenance of any toll highways, with or without payment therefor, and in its discretion to reimburse any such municipality or political subdivision out of its funds for any cost or expense incurred in the acquisition of land, easements or rights in land, in connection with the construction and relocation of the said toll highways, widening, extending roads, streets or avenues in connection therewith, or for the construction of any roads or streets forming extension to and connections with or between any toll highways, or for the cost or expense of widening, grading, surfacing or improving any existing streets or roads or the construction of any streets and roads forming extensions of or connections with any toll highways constructed, relocated, operated, maintained or regulated hereunder by the Authority. Where property owned by a municipality or political subdivision is necessary to the construction of an approved toll highway, if the Authority cannot reach an agreement with such municipality or political subdivision and if the use to which the property is being put in the hands of the municipality or political
[May 18, 2001] 68 subdivision is not essential to the existence or the administration of such municipality or political subdivision, the Authority may acquire the property by condemnation. (e) To enter into a contract with a unit of local government or other public or private entity under which the Authority agrees to collect tolls, fees, or revenues by electronic means on behalf of that entity. (Source: P.A. 89-120, eff. 7-7-95.) (605 ILCS 10/20.2 new) Sec. 20.2. Comprehensive Strategic Financial Plan. The Authority must submit to the General Assembly, not later than January 1, 2002, a 20-year comprehensive strategic financial plan. The plan must include detailed information regarding the Authority's income, expenditures, debt, capital needs, and the cost of any planned toll highway extensions. The Authority must provide detailed and specific information regarding how it will fund its debt, unfunded capital needs, and the planned toll highway extensions. This information must include the possibility of obtaining federal funds, both loans and grants, under the Transportation Infrastructure Innovation Act or other federal programs. (605 ILCS 10/23.5 new) Sec. 23.5. Management audit. (a) The Auditor General shall contract with a private sector accounting firm doing business in this State to conduct a management audit of the State's toll highway operations and management. The Auditor General shall use a request for proposals method of selecting the accounting firm. Selection criteria must include the firm's experience in conducting similar management audits of public agencies or transportation agencies. The audit shall be performed by individuals who are certified public accountants as defined in the Illinois Public Accounting Act. (b) The purpose of the audit shall be to determine whether the Authority is managing or using its resources, including toll and investment-generated revenue, personnel, property, equipment, and space, in an economical and efficient manner. The audit shall also determine the causes of any inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing policies, and equipment. In addition to these matters, the audit shall specifically examine the process by which the Authority collects, transports, and counts toll collections. (c) The accounting firm shall report its findings to the Auditor General, who shall report the findings to the Governor and the General Assembly no later than April 1, 2002. (d) The Authority shall pay the cost of the audit conducted under this Section. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1493, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 4, by inserting after line 29, the following: "(605 ILCS 10/23.5 new) Sec. 23.5 Management audit. (a) The Audit General shall conduct a management audit of the State's toll highway operations and management. (b) The purpose of the audit shall be to determine whether the Authority is managing or using its resources, including toll and investment-generated revenue, personnel, property, equipment, and space, in an economical and efficient manner. The audit shall also determine the causes of any inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing policies, and equipment. In addition to these matters, the audit shall specifically examine the
69 [May 18, 2001] process by which the Authority collects, transports, and counts toll collections. (c) The Audit General shall report his findings to the Governor and the General Assembly no later than December 31, 2002. (d) The Authority shall pay the cost of the audit conducted under this Section."; and on page 4, by deleting lines 30 through 32; and on page 5, by deleting lines 1 through 27. The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1493 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1623 A bill for AN ACT in relation to the Attorney General. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1623. Senate Amendment No. 3 to HOUSE BILL NO. 1623. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1623 by replacing everything after the enacting clause with the following: "Section 5. The Attorney General Act is amended by changing Section 4e as follows: (15 ILCS 205/4e) Sec. 4e. Recovery of lands; payment of legal fees. The Governor
[May 18, 2001] 70
71 [May 18, 2001] instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1692. Senate Amendment No. 2 to HOUSE BILL NO. 1692. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1692 on page 1, line 21, after "board", by inserting "that adopts a policy to incorporate activities to address intergroup conflict as authorized under subsection (b) of this Section". AMENDMENT NO. 2. Amend House Bill 1692 on page 1, line 13, after "schools", by inserting the following: "and that these methods are most effective when they are respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States"; and on page 1, line 19, after "conflict.", by inserting the following: "The activities must be respectful of individuals and their divergent viewpoints and religious beliefs, which are protected by the First Amendment to the Constitution of the United States.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1692 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1810 A bill for AN ACT concerning public funds. 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. 1810. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1810 on page 1, line 1, by replacing "public funds." with "local government."; and on page 2, line 28, by replacing "Section 3.1-35-65" with "Sections 3.1-10-6 and 3.1-35-65"; and on page 2, immediately below line 28, by inserting the following: "(65 ILCS 5/3.1-10-6) Sec. 3.1-10-6. Qualifications; appointive office. (a) No person shall be eligible for any appointive municipal office unless that person is a qualified elector of the municipality or otherwise provided by law. (b) The residency requirements do not apply, however, to municipal
[May 18, 2001] 72 engineers, health officers, attorneys, or other officers who require technical training or knowledge, to appointed village treasurers, to appointed village clerks, or to appointed city or village collectors (unless the city or village has designated by ordinance that the city or village clerk shall also hold the office of collector). (c) Except for incorporated towns that have superseded a civil township, municipalities having a population of not more than 500,000 may adopt ordinances that allow firemen and policemen to reside outside of the corporate limits of the municipality by which they are employed both at the time of appointment and while serving as a fireman or policeman. (Source: P.A. 87-1119; 87-1197; 88-45.)"; and on page 4, immediately below line 13, by inserting the following: "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 1810 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1840 A bill for AN ACT in relation to education. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1840. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1840 by replacing everything after the enacting clause with the following: "Section 5. The School Code is amended by adding Section 7-31 and changing Sections 10-21.9 and 34-18.5 as follows: (105 ILCS 5/7-31 new) Sec. 7-31. Annexation of contiguous portion of elementary or high school district. (a) Notwithstanding any other provision of this Code, any contiguous portion of an elementary school district must be detached from that district and annexed to an adjoining elementary school district to which the portion is also contiguous and any contiguous portion of a high school district must be detached from that district and annexed to an adjoining school district to which the portion is also contiguous (herein referred to as "the Territory") upon a petition or petitions filed under this Section if all of the following conditions are met with respect to each petition: (1) The Territory is to be detached from a school district that is located predominantly (meaning more than 50% of the district's area) in a county of not less than 2,000,000 and is to be annexed into a school district located overwhelmingly (meaning more than 75% of its area) in a county of not less than 750,000 and not more than 1,500,000, and, on the effective date of this amendatory Act of the 92nd General Assembly, the Territory
73 [May 18, 2001] consists of not more than 500 acres of which not more than 325 acres is vacant land and of which not more than 175 acres is either platted for or improved with residences and is located predominately (meaning more than 50% of its area) within one municipality that is (i) located predominantly (meaning more than 50% of the area of the municipality) outside the elementary or high school district from which the Territory is to be detached and (ii) located partly or wholly within the territorial boundaries of the adjoining elementary or high school district to which the Territory is to be annexed. Conclusive proof of the boundaries of each school district and each municipality is a document or documents setting forth the boundaries and certified by the county clerk of each county as being a correct copy of records on file with the county clerk as of a date not more than 60 days before the filing of a petition under this Section. If the records of the 2 county clerks show boundaries as of different dates, those records are deemed contemporaneous for purposes of this Section. (2) The equalized assessed valuation of the taxable property of the Territory constitutes less than 5% of the equalized assessed valuation of the taxable property of the school district from which it is be detached. Conclusive proof of the equalized assessed valuation of each district is a document or documents stating the equalized assessed valuation and certified, by the county clerk of a county of not less than 2,000,000 and by the county or township assessor in a county of not less than 750,000 and not more than 1,500,000, as correct by the certifying office as of a date not more than 60 days before the filing of a petition under this Section. If the records from the 2 counties show equalized assessed valuation as of different dates, those records are deemed contemporaneous for purposes of this Section. (3) The Territory is predominately (meaning more than 50% of its area) within a municipality that is predominantly (meaning more than 50% of the area of the municipality) within a county of not less than 750,000 and not more than 1,500,000. Conclusive proof of boundaries of the municipality is a document or documents setting forth the boundaries and certified by the county clerk of the county as correct as of a date not more than 60 days before the filing of a petition under this Section. (4) The Territory, as of a date not more than 60 days before the filing of a petition, has not been developed with structures for commercial, office, or industrial uses, except for temporary buildings or structures constructed pursuant to a permit or permits by the applicable permitting authority for an initial term of not more than 15 years. Conclusive proof of the development of the land is a notarized statement, as of a date not more than 60 days before the filing of a petition under this Section, by a specially qualified professional land surveyor licensed by the State of Illinois. In this Section, "specially qualified professional land surveyor" means a specially qualified professional land surveyor whose credentials include serving or having served as a paid advisor or consultant to at least 2 of the following: any department, board, commission, authority, or other agency of the State of Illinois. (5) The area of the Territory is 5% or less of the area of the school district from which it is to be detached. Conclusive proof of the areas is a notarized written statement by a specially qualified professional land surveyor licensed by the State of Illinois. (6) Travel on public roads within 5 miles from the Territory to schools in the school district from which the Territory is to be detached requires crossing an interstate highway. Travel on public roads within 5 miles from the Territory to schools in the school district to which the Territory is to be annexed does not require crossing an interstate highway. Conclusive proof of the facts in this paragraph (6) is a notarized written statement by a specially qualified professional land surveyor licensed by the
[May 18, 2001] 74 State of Illinois. (b) No school district may lose more than 5% of its equalized assessed valuation nor more than 5% of its territory through petitions filed under this Section. If a petition seeks to detach territory that would result in a cumulative total of more than 5% of the district's equalized assessed valuation or more than 5% of the district's territory being detached under this Section, the petition shall be denied without prejudice to its being filed pursuant to Section 7-6 of this Code. (c) Conclusive proof of the population of a county is the most recent federal decennial census. (d) A petition filed under this Section with respect to the Territory must be filed with the State Superintendent of Education at the office of the State Board of Education in Springfield, Illinois not later than 24 months after the effective date of this amendatory Act of the 92nd General Assembly and (i) in the case of any portion of the Territory not developed with residences, signed by or on behalf of the taxpayers of record of properties constituting 60% or more of the land not so developed and (ii) in the case of any portion of the Territory developed by residences, signed by 60% or more of registered voters residing in the residences. Conclusive proof of who are the taxpayers of record is a document certified by the assessor of the county or township in which the property is located as of a date not more than 60 days before the filing of a petition under this Section. Conclusive proof of who are registered voters is a document certified by the board of election commissioners for the county in which the registered voters reside as of a date not earlier than 60 days before the filing of the petition. Conclusive proof of the area of the Territory and the area of properties within the Territory is a survey or notarized statement, as of a date not more than 60 days before the filing of the petition, by a specially qualified professional land surveyor licensed by the State of Illinois. (e) The State Superintendent of Education must (1) hold a hearing on each petition at the office of the State Board of Education in Springfield, Illinois within 90 days after the date of filing; (2) render a decision granting or denying the petition within 30 days after the hearing; and (3) within 14 days after the decision, serve a copy of the decision by certified mail, return receipt requested, upon the petitioners and upon the school boards of the school districts from which the territory described in the petition is sought to be detached and to which the territory is sought to be annexed. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land not developed with residences, and if the 2 petitions are filed within 28 days of each other, the petitions must be consolidated for hearing and heard at the same hearing. If petitions are filed pertaining to an elementary school district and a high school district described in this Section, if the petitions pertain to land developed with residences, and if the petitions are filed within 28 days of each other, the 2 petitions must be consolidated for hearing and heard at the same hearing. If the State Superintendent of Education does not serve a copy of the decision within the time and in the manner required, any petitioner has the right to obtain, in the circuit court of the county in which the petition was filed, a mandamus requiring the State Superintendent of Education to serve the decision immediately to the parties in the manner required. Upon proof that the State Superintendent of Education has not served the decision to the parties or in the manner required, the circuit court must immediately issue the order. The State Superintendent of Education has no authority or discretion to hear any evidence or consider any issues at the hearing except those that may be necessary to determine whether the conditions and limitations of this Section have been met. If the State Superintendent of Education finds that such conditions and limitations have been met, the State Superintendent of Education must grant the petition.
75 [May 18, 2001] The State Superintendent of Education must (i) give written notice of the time and place of the hearing not less than 30 days prior to the date of the hearing to the school board of the school district from which the territory described in the petition is to be detached and to the school board of the school district to which the territory is to be annexed and (ii) publish notice of the hearing in a newspaper that is circulated within the county in which the territory described in the petition is located and is circulated within the school districts whose school boards are entitled to notice. (f) If the granting of a petition filed under this Section has become final either through failure to seek administrative review or by the final decision of a court on review, the change in boundaries becomes effective forthwith and for all purposes, except that if granting of the petition becomes final between September 1 of any year and June 30 of the following year, the administration of and attendance at the schools are not affected until July 1 of the following year, at which time the change becomes effective for all purposes. After the granting of the petition becomes final, the date when the change becomes effective for purposes of administration and attendance may, in the case of land improved with residences, be accelerated or postponed either (i) by stipulation of the school boards of the school districts from which the territory described in the petition is detached and to which the territory is annexed or (ii) by stipulation of the registered voters who signed the petition. Their stipulation may be contained in the petition or a separate document signed by them. Their stipulation must be filed with the State Superintendent of Education not later than 120 days after approval of their petition. (g) The decision of the State Superintendent of Education is a final "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure, and any petitioner or the school board of the school district from which the land is to be detached or of the school district to which the land is to be annexed may, within 35 days after a copy of the decision sought to be reviewed was served by certified mail upon the affected party thereby or upon an attorney of record for such party, apply for a review of the decision in accordance with the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law. Standing to apply for or in any manner seek review of the decision is limited exclusively to a petitioner or school district described in this Section. The commencement of any action for review operates as a supersedeas, and no further proceedings are allowed until final disposition of the review. The circuit court of the county in which the petition is filed with the State Superintendent of Education has sole jurisdiction to entertain a complaint for review. (h) This Section (i) is not limited by and operates independently of all other provisions of this Article and (ii) constitutes complete authority for the granting or denial by the State Superintendent of Education of a petition filed under this Section when the conditions prescribed by this Section for the filing of that petition are met or not met as the case may be. (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) Sec. 10-21.9. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
[May 18, 2001] 76 the laws of this State. Authorization for the investigation shall be furnished by the applicant or student teacher to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the investigation to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's or student teacher's name, sex, race, date of birth and social security number to the Department of State Police on forms prescribed by the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the investigation of the applicant has been requested. The Department of State Police shall conduct an investigation to ascertain if the applicant being considered for employment or student teacher has been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has been convicted, within 7 years of the application for employment with the school district or of being assigned as a student teacher to that district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such investigation, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant or student teacher shall not be charged a fee for such investigation by the school district or by the regional superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If a school district requires a student teacher to undergo a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the school board for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the school district, the presidents of the appropriate school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or
77 [May 18, 2001] concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute teacher in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No school board shall knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961"; (ii) those defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the "Illinois Controlled Substances Act"; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, no school board shall knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. This subsection (c) does not apply to a student teacher who is not required by the school district to undergo a criminal background investigation. (d) No school board shall knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. This subsection (d) does not apply to a student teacher who is not required by the school district to undergo a criminal background investigation. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct,
[May 18, 2001] 78 daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) Sec. 34-18.5. Criminal background investigations. (a) Except as otherwise provided in subsection (a-5) of this Section
79 [May 18, 2001] superintendent. The regional superintendent may seek reimbursement from the State Board of Education or the appropriate school district or districts for fees paid by the regional superintendent to the Department for the criminal background investigations required by this Section. (a-5) If the school district requires a student teacher to undergo a criminal background investigation under this Section and, within 18 months after the investigation is conducted, that former student teacher is hired as a full-time employee with the school district, then the former student teacher shall not be required to undergo another criminal background investigation under this Section. (b) The Department shall furnish, pursuant to positive identification, records of convictions, until expunged, to the president of the board of education for the school district which requested the investigation, or to the regional superintendent who requested the investigation. Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the investigation was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the investigation was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment or assigning the student teacher to a school district. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment or student teacher. If an investigation of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon investigation ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. The school board of any school district located in the educational service region served by the regional superintendent who issues such a certificate to an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one such district may rely on the certificate issued by the regional superintendent to that applicant, or may initiate its own investigation of the applicant through the Department of State Police as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment or student teacher shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been convicted for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one
[May 18, 2001] 80 or more of the following offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined in the Illinois Controlled Substances Act; and (iv) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. Further, the board of education shall not knowingly employ a person or knowingly allow a person to student teach who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. This subsection (c) does not apply to a student teacher who is not required by the school district to undergo a criminal background investigation. (d) The board of education shall not knowingly employ a person or knowingly allow a person to student teach for whom a criminal background investigation has not been initiated. This subsection (d) does not apply to a student teacher who is not required by the school district to undergo a criminal background investigation. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of education or the State Superintendent of Education shall initiate the certificate suspension and revocation proceedings authorized by law. (f) After March 19, 1990, the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal background investigations on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for investigation prepared by each such employee and submitting the same to the Department of State Police. Any information concerning the record of conviction of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1840 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1908 A bill for AN ACT concerning schools. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1908.
81 [May 18, 2001] Senate Amendment No. 2 to HOUSE BILL NO. 1908. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1908, on page 6, by replacing lines 31 through 34 with the following: "abolished by operation of law effective on January 1
[May 18, 2001] 82 trustees by P.A. 87-969, shall be deemed transferred by operation of law to and shall vest in the school board of that school district. (c) Notwithstanding the provisions of subsection (a), the offices of township treasurer and trustee of schools of any township located in a Class II county school unit shall be abolished as provided in this subsection if all of the following conditions are met: (1) During the same 30 day period, each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished gives written notice by certified mail, return receipt requested to the township treasurer and trustees of schools of that township of the date of a meeting of the school board, to be held not more than 90 nor less than 60 days after the date when the notice is given, at which meeting the school board is to consider and vote upon the question of whether there shall be submitted to the electors of the school district a proposition to abolish the offices of township treasurer and trustee of schools of that township. None of the notices given under this paragraph to the township treasurer and trustees of schools of a township shall be deemed sufficient or in compliance with the requirements of this paragraph unless all of those notices are given within the same 30 day period. (2) Each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished, by the affirmative vote of at least 5 members of the school board at a school board meeting of which notice is given as required by paragraph (1) of this subsection, adopts a resolution requiring the secretary of the school board to certify to the proper election authorities for submission to the electors of the school district at the next consolidated
83 [May 18, 2001] jurisdiction and authority of the township treasurer and trustee of schools of that township, a majority of the electors voting on the proposition in each such elementary and unit school district votes in favor of the proposition as submitted to them. If in each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished a majority of the electors in each such district voting at the consolidated
[May 18, 2001] 84 of the township treasurer and trustees of schools of that township at the time those offices are abolished: (i) shall appoint its own school treasurer as provided in Section 8-1; and (ii) unless the term of the contract of a township treasurer expires on the date that the office of township treasurer is abolished, shall pay to the former township treasurer its proportionate share of any aggregate compensation that, were the office of township treasurer not abolished at that time
85 [May 18, 2001] fewer than 2,000,000 inhabitants; (iii) the regional board of school trustees shall select to serve as its treasurer with respect to the common school lands and township loanable funds of the township a person from time to time also serving as the appointed school treasurer of any school district that was subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices were abolished, and the person selected to also serve as treasurer of the regional board of school trustees shall have his compensation for services in that capacity fixed by the regional board of school trustees, to be paid from the township loanable funds, and shall make to the regional board of school trustees the reports required to be made by treasurers of township land commissioners, give bond as required by treasurers of township land commissioners, and perform the duties and exercise the powers of treasurers of township land commissioners; (iv) the regional board of school trustees shall designate in the manner provided by Section 8-7, insofar as applicable, a depositary for its treasurer, and the proceeds of all rents, issues and profits from the common school lands and township loanable funds of that township shall be deposited and held in the account maintained for those purposes with that depositary and shall be expended and distributed therefrom as provided in Section 15-24 and other applicable provisions of this Code; and (v) whenever there is vested in the trustees of schools of a township at the time that office is abolished under this subsection the legal title to any school buildings or school sites used or occupied for school purposes by any elementary school, high school or unit school district subject to the jurisdiction and authority of those trustees of school at the time that office is abolished, the legal title to those school buildings and school sites shall be deemed transferred by operation of law to and invested in the school board of that school district, in its corporate capacity Section 7-28, the same to be held, sold, exchanged leased or otherwise transferred in accordance with applicable provisions of this Code. Notwithstanding Section 2-3.25g of this Code, a waiver of a mandate established under this Section may not be requested. (Source: P.A. 91-269, eff. 7-23-99.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1908 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1970 A bill for AN ACT in relation to business transactions. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1970. Senate Amendment No. 2 to HOUSE BILL NO. 1970.
[May 18, 2001] 86 Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1970 on page 1, lines 8 and 24, after "conducts" each time it appears, by inserting ", in a language other than English,"; and on page 1, lines 10 and 26, by deleting "in a language other than English" each time it appears. AMENDMENT NO. 2. Amend House Bill 1970 on page 1, line 13, after "consumer", by inserting "and the interpreter"; and on page 1, line 14, by changing "form" to "forms"; and on page 1, by deleting line 22; and on page 1, between lines 23 and 24, by inserting the following: "I, (name of interpreter), acted as interpreter during this retail transaction or these negotiations. The obligations of the contract or other written agreement were explained to (name of consumer) in the consumer's native language. I understand the contract or other written agreement. (signature of interpreter) (relationship of interpreter to consumer)"; and on page 1, line 30, before the colon, by inserting "in the consumer's native language (except as provided in subsection (c))"; and on page 2, by replacing lines 2 and 3 with the following: "voluntarily choose to have the retailer act as my interpreter during the negotiations."; and on page 2, between lines 7 and 8, by inserting the following: "(c) If a language that cannot be written is used in the retail transaction or in negotiations related to a retail transaction, then the form set forth in subsection (b) shall be in the English language."; and on page 2, line 8, by changing "(c)" to "(d)"; and on page 2, line 19, by changing "(d)" to "(e)". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 1970 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2207 A bill for AN ACT concerning mortgages. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2207. Senate Amendment No. 2 to HOUSE BILL NO. 2207. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate
87 [May 18, 2001] AMENDMENT NO. 1. Amend House Bill 2207 as follows: on page 1, line 16, by changing "releases" to "payments"; and on page 2, line 11, by inserting after "agent" the following: ", or if the mortgagee or mortgage servicer does not provide notice to the title insurance company or title insurance agent that the amount received for a payoff was inadequate,"; and on page 4, by replacing lines 25 through 27 with the following: "(c) A title insurance company may create an instrument, executed by an officer of that company and acknowledged in the same manner as a deed, appointing one or more title insurance agents authorized to issue certificates of release under this Act. This instrument shall designate the county or counties in which it is to be effective and shall be recorded with the recorder in each of those counties, either as an original instrument or by recording a copy certified by the recorder of one of the counties. A separate appointment of title insurance agent"; and on page 4, line 28, by deleting "each agent or"; and on page 6, line 18, by inserting after "from....." the following: ", and there is no notice from the mortgagee or mortgage servicer that the amount received was inadequate.". AMENDMENT NO. 2. Amend House Bill 2207, AS AMENDED, as follows: by replacing everything after the enacting clause with the following: "Section 1. This Act may be cited as the Mortgage Certificate of Release Act.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2207 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2228 A bill for AN ACT concerning criminal law. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2228. Senate Amendment No. 2 to HOUSE BILL NO. 2228. Senate Amendment No. 3 to HOUSE BILL NO. 2228. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2228 as follows: by replacing everything after the enacting clause with the following: "Section 5. The Criminal Code of 1961 is amended by changing Section 33-5 as follows: (720 ILCS 5/33-5) Sec. 33-5. Preservation of evidence
[May 18, 2001] 88
89 [May 18, 2001] (d) The court may order the disposition of the evidence if the defendant is allowed the opportunity to take reasonable measures to remove or preserve portions of the evidence in question for future testing. (d-5) Any order allowing the disposition of evidence pursuant to subsection (c) or (d) shall be a final and appealable order. No evidence shall be disposed of until 30 days after the order is entered, and if a notice of appeal is filed, no evidence shall be disposed of until the mandate has been received by the circuit court from the appellate court. (d-10) All records documenting the possession, control, storage, and destruction of evidence and all police reports, evidence control or inventory records, and other reports cited in this Section, including computer records, must be retained for as long as the evidence exists and may not be disposed of without the approval of the Local Records Commission. (e) In
[May 18, 2001] 90 Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2380 on page 1, line 25, by replacing "The" with "Except for a municipality with a population of 1,000,000 or more, the"; and on page 11, line 30, by replacing "The" with "Except for a municipality with a population of 1,000,000 or more, the". AMENDMENT NO. 3. Amend House Bill 2380, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, line 3, by replacing "municipality" with "municipality or county"; and on page 1, line 6, by replacing "municipality" with "municipality or county". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 3 to HOUSE BILL 2380 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2391 A bill for AN ACT concerning animal control. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2391. Senate Amendment No. 2 to HOUSE BILL NO. 2391. Senate Amendment No. 3 to HOUSE BILL NO. 2391. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2391 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Humane Euthanasia in Animal Shelters Act. Section 5. Definitions. The following terms have the meanings indicated, unless the context requires otherwise: "Animal" means any bird, fish, reptile, or mammal other than man. "DEA" means the United States Department of Justice Drug Enforcement Administration. "Department" means the Department of Professional Regulation. "Director" means the Director of the Department of Professional Regulation. "Euthanasia agency" means an entity certified by the Department for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act. "Euthanasia drugs" means Schedule IIN or Schedule IIIN substances (nonnarcotic controlled substances) as set forth in the Illinois
91 [May 18, 2001] Controlled Substances Act that are used by a euthanasia agency for the purpose of animal euthanasia. "Euthanasia technician" or "technician" means a person employed by a euthanasia agency or working under the direct supervision of a veterinarian and who is certified by the Department. "Veterinarian" means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the Veterinary Medicine and Surgery Practice Act of 1994. Section 10. Certification requirement, exemptions. (a) No person shall euthanize animals in an animal shelter or animal control facility without possessing a certificate issued by the Department under this Act. (b) Nothing in this Act shall be construed as preventing a licensed veterinarian or an instructor during an approved course from humanely euthanizing animals in animal shelters or animal control facilities. Section 15. Powers and duties of the Department. (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act. (b) The Department may adopt rules to administer and enforce this Act including, but not limited to, setting fees for original certification and renewal and restoration of certification, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for certification and for professional conduct and discipline. Section 20. Application for original certification. Applications for original certification shall be made to the Department in writing, shall be signed by the applicant on forms prescribed by the Department, and shall be accompanied by a nonrefundable fee set by rule. The Department may require information from the applicant that, in its judgment, will enable the Department to determine the qualifications of the applicant for certification. Section 25. Euthanasia agency. (a) To be certified as a euthanasia agency, an entity must apply to the Department, hold a license under the Animal Welfare Act as an animal control facility or an animal shelter, pay the required fee, and agree to: (1) Keep euthanasia drugs in a securely locked cabinet or a metal safe when not in use. A temporary storage cabinet may be used when a euthanasia technician is on duty and animals are being euthanized during the workday. (2) Comply with the requirements of the Illinois Food, Drug and Cosmetic Act, federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq. (1976)), federal Controlled Substances Act (21 U.S.C. 801 et seq. (1976)), and the Illinois Controlled Substances Act. (3) Keep the conditions of the euthanasia area clean and sanitary with adequate equipment and supplies to enable the humane disposition of animals. (b) The Department may inspect the facility prior to the issuance of the certification. (c) The euthanasia agency shall notify the Department in writing within 30 days of the time that the employment of a euthanasia technician is terminated from the euthanasia agency. Section 35. Technician certification; duties. (a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall: (1) Be 18 years of age. (2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act. (3) Submit fingerprints to the Illinois State Police or its designated vendor as set forth by rule. These fingerprints shall
[May 18, 2001] 92 be checked against the Illinois State Police and Federal Bureau of Investigation criminal history record databases. A separate fee shall be charged to the applicant for fingerprinting, payable either to the Department or the Illinois State Police or its designated vendor. (4) Hold a current license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States. (5) Pay the required fee. (b) The duties of a euthanasia technician shall include but are not limited to: (1) preparing animals for euthanasia and scanning each animal, prior to euthanasia, for microchips; (2) accurately recording the dosages administered and the amount of drugs wasted; (3) ordering supplies; (4) maintaining the security of all controlled substances and drugs; (5) humanely euthanizing animals via intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, solutions or powder added to food or by mouth, intracardiac injection only on comatose animals by hypodermic needle, or carbon monoxide in a commercially manufactured chamber; and (6) properly disposing of euthanized animals after verification of death. (c) Upon termination from a euthanasia agency, a euthanasia technician shall not perform animal euthanasia until he or she is employed by another certified euthanasia agency. (d) A certified euthanasia technician or an instructor in an approved course does not engage in the practice of veterinary medicine when performing duties set forth in this Act. Section 40. Issuance of certificate. The Department shall begin issuing certificates under this Act within one year after the effective date of this Act. The Department shall issue a certificate to an applicant who has met the requirements and has paid the required application fee. Section 45. Certifications; renewal; restoration; person in military service; inactive status. (a) The expiration date, renewal period, renewal fees, and procedures for renewal of each certification issued under this Act shall be set by rule. (b) Any person who has permitted a certification to expire or who has a certification on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the certification restored, including, if appropriate, evidence that is satisfactory to the Department certifying active practice in another jurisdiction and by paying the required fee. (c) If the person has not maintained an active practice in another jurisdiction that is satisfactory to the Department, the Department shall determine the person's fitness to resume active status. (d) Any person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service, however, may have his or her certification restored without paying any renewal fees if, within 2 years after the termination of that service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training, or education has been so terminated. (e) A certificate holder may place his or her certification on inactive status and shall be excused from paying renewal fees until he or she notifies the Department in writing of the intention to resume active practice. A certificate holder who is on inactive status shall
93 [May 18, 2001] not practice while the certificate is in inactive status. Section 50. Grandfathering provision. The Department may issue certification to a euthanasia technician who presents proof in a manner established by the Department that he or she has been licensed or certified by the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States, within the 5 years preceding the effective date of this Act. Section 55. Endorsement. An applicant, who is a euthanasia technician registered or licensed under the laws of another state or territory of the United States that has requirements that are substantially similar to the requirements of this Act, may be granted certification as a euthanasia technician in this State without examination, upon presenting satisfactory proof to the Department that the applicant has been engaged in the practice of euthanasia for a period of not less than one year and upon payment of the required fee. Section 60. Fees; returned checks. An agency or person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department a fine of $50. If the check or other payment was for a renewal or issuance fee and that agency operates without paying the renewal or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome. Section 65. Refused issuance, suspension or revocation of certification. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, impose a fine not to exceed $1,000 for each violation, or take other disciplinary action as the Department may deem proper with regard to a certified euthanasia agency or a certified euthanasia technician for any one or combination of the following reasons: (1) failing to carry out the duties of a euthanasia technician; (2) abusing the use of any chemical substance; (3) selling, stealing, or giving chemical substances away; (4) abetting anyone in the activities listed in this subsection; or (5) violating any provision of this Act, the Illinois Controlled Substances Act, the rules adopted under these Acts or any rules adopted by the Department of Professional Regulation concerning the euthanizing of animals. Section 70. Procedures for euthanasia. (a) Only euthanasia drugs and commercially compressed carbon monoxide, subject to the limitations imposed under subsection (b) of this Section, shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act. (b) Commercially compressed carbon monoxide may be used as a permitted method of euthanasia provided that it is performed in a commercially manufactured chamber pursuant to the guidelines set forth in the most recent report of the AVMA Panel on Euthanasia. A chamber that is designed to euthanize more than one animal at a time must be equipped with independent sections or cages to separate incompatible animals. The interior of the chamber must be well lit and equipped with view-ports, a regulator, and a flow meter. Monitoring equipment must be used at all times during the operation. Animals that are under 4 months of age, old, injured, or sick may not be euthanized by carbon monoxide. Animals shall remain in the chamber and be exposed for a minimum of 20 minutes. Staff members shall be fully notified of potential health risks. Section 75. Procurement and administration of drugs.
[May 18, 2001] 94 (a) A euthanasia agency may purchase, store, and possess drugs for the euthanasization of animals upon obtaining from the Department an Illinois controlled substances license pursuant to the Illinois Controlled Substances Act and a controlled substance license issued by the Drug Enforcement Administration pursuant to the federal Controlled Substances Act. (b) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency. Section 80. Exemption from liability. An instructor of euthanasia techniques or a veterinarian who engages in the instructing of euthanasia technicians, in a course approved by the Department, shall not incur any civil or criminal liability for any subsequent misuse or malpractice of a euthanasia technician who has attended the course. Any veterinarian, who in good faith administers euthanasia drugs to an animal in an animal control facility or an animal shelter, has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be rebuttably presumed. Section 85. Cease and desist order. (a) If an agency or person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation, and if it is established that the agency or person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act. (b) Whenever, in the opinion of the Department, an agency violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against the agency. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. Section 90. Uncertified practice; civil penalty. (a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a certified euthanasia technician or a certified euthanasia agency. The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record. (b) The Department may investigate any uncertified activity. (c) Instructors teaching humane euthanasia techniques in a course approved by the Board are exempt from the certification process. Section 95. Inspections. The Department may conduct random inspections upon renewal, for cause, or as necessary to assure the integrity and effectiveness of the certification process. Upon failure to pass inspection, a euthanasia agency's certificate shall be suspended or denied, as applicable, pending review by the Department. Upon the failure of an agency to pass an inspection, animal euthanasia must be performed by a licensed veterinarian or at another certified
95 [May 18, 2001] euthanasia agency. A euthanasia agency that fails to pass an inspection is subject to penalty. Upon notice of failure to pass an inspection, a euthanasia agency shall have 30 days to appeal the inspection results. On appeal, the euthanasia agency shall have the right to an inspection review or to a new inspection in accordance with procedures adopted by the Department. Section 100. Investigations; notice and hearing. (a) The Department may investigate the actions of an applicant or an animal shelter or animal control facility holding or claiming to hold a certificate. (b) Before refusing to issue or renew a certificate or disciplining a certified euthanasia agency or technician, the Department shall notify in writing the applicant, the agency, or technician of the nature of the charges and that a hearing will be held on the date designated, which shall be at least 30 days after the date of the notice. The Department shall direct the applicant, agency, or technician to file a written answer to the Department under oath within 20 days after the service of the notice and inform the applicant, agency, or technician that failure to file an answer will result in default being taken against the applicant, agency, or technician and that the certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of business as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail sent to the respondent at the most recent address on record with the Department. If the applicant, agency, or technician fails to file an answer after receiving notice, the certification may, in the discretion or the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action it deems proper including imposing a civil penalty, without a hearing if the act or acts charged constitute sufficient ground for such action under this Act. At the time and place fixed in the notice, the Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The Department may continue a hearing from time to time. Section 105. Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a certificate or the discipline of a certified euthanasia technician. The notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer, and the order of the Department shall be the record of the proceeding. Section 110. Compelling testimony. A circuit court may, upon application of the Department or its designee or of the applicant, agency, or technician against whom proceedings are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt. Section 115. Findings and recommendations. At the conclusion of the hearing the hearing officer shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused applicant, agency, or technician violated this Act or failed to comply with the conditions required in this Act. The hearing officer shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director. The report of the findings and recommendations of the hearing officer shall be the basis for the Department's order of refusal or for the granting of certification unless the Director determines that the hearing officer's report is contrary to the manifest weight of the evidence, in which case the Director may issue an order in
[May 18, 2001] 96 contravention of the hearing officer's report. The finding is not admissible in evidence against the applicant, agency, or technician in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act. Section 120. Rehearing on motion. In a case involving the refusal to issue or renew a certificate or the discipline of a certified agency or technician, a copy of the hearing officer's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the hearing officer except as provided in Section 125 of this Act. If the respondent shall order from the reporting service and pay for a transcript of the record with the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent. Section 125. Rehearing on order of Director. Whenever the Director is satisfied that substantial justice has not been done in the revocation or suspension of a certification or refusal to issue or renew a certificate, the Director may order a rehearing. Section 130. Hearing Officer. The Director has the authority to appoint an attorney duly licensed to practice law in this State to serve as the hearing officer in an action for refusal to issue or renew a certificate or for the discipline of a certified euthanasia agency or technician. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the Director. Section 135. Order or certified copy. An order or a certified copy of an order, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that: (1) the signature is the genuine signature of the Director; and (2) the Director is duly appointed and qualified; This proof may be rebutted. Section 140. Restoration of certificate. Any time after the suspension or revocation of a certificate the Department may restore the certificate to the accused agency upon the written recommendation of the Department unless, after an investigation and a hearing, the Department determines that restoration is not in the public interest. Section 145. Surrender of certificate. Upon the revocation or suspension of a certificate, the agency or technician shall immediately surrender the certificate to the Department, and if the agency or technician fails to do so, the Department shall have the right to seize the certificate. Section 150. Temporary suspension of a certificate. The Director may temporarily suspend the certificate of a euthanasia agency or euthanasia technician without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that the continued practice of the certified euthanasia agency or technician would constitute cruelty or an imminent danger to the public. If the Director temporarily suspends the certificate without a hearing, a hearing by the Board must be held within 30 days of the suspension. Section 155. Administrative Law Review. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law, as now or hereafter amended, and all rules adopted pursuant to that Law. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief resides, but
97 [May 18, 2001] if the party is not a resident of this State, the venue shall be Sangamon County. Section 160. Certification of record; costs. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in a court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. Section 165. Criminal penalties. An agency or technician who is found to have violated a provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. Section 170. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of a license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party. Section 175. Home rule. The regulation and certification of euthanasia agencies and euthanasia technicians are exclusive powers and functions of the State. A home rule unit may not regulate or certify euthanasia agencies or euthanasia technicians. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Section 180. Deposit of fees and fines. All of the fees and civil penalties collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be used by the Department for the ordinary and contingent expenses of the Department. Section 800. The Veterinary Medicine and Surgery Practice Act of 1994 is amended by changing Section 4 as follows: (225 ILCS 115/4) (from Ch. 111, par. 7004) Sec. 4. Exemptions. Nothing in this Act shall apply to any of the following: (1) Veterinarians employed by the Federal Government while actually engaged in their official duties. (2) Licensed veterinarians from other states who are invited to Illinois for consultation or lecturing. (3) Veterinarians employed by colleges or universities or by state agencies, while engaged in the performance of their official duties. (4) Veterinary students in an approved college, university, department of a university or other institution of veterinary medicine and surgery while in the performance of duties assigned by their instructors. (5) Any person engaged in bona fide scientific research which requires the use of animals. (6) The dehorning, castration, emasculation or docking of cattle, horses, sheep, goats and swine in the course or exchange of work for which no monetary compensation is paid or to artificial insemination and the drawing of semen. Nor shall this Act be construed to prohibit any person from administering, in a humane manner, medicinal or surgical treatment to any animal belonging to such person, unless title has been transferred for the purpose of circumventing this Act. However, any such services shall comply with the Humane Care for Animals Act. (7) Members of other licensed professions or any other individuals when called for consultation and assistance by a veterinarian licensed in the State of Illinois and who act under the supervision, direction, and control of the veterinarian, as further defined by rule of the
[May 18, 2001] 98 Department. (8) Certified euthanasia technicians. (Source: P.A. 90-52, eff. 7-3-97.) Section 900. The Animal Control Act is amended by changing Section 11 as follows: (510 ILCS 5/11) (from Ch. 8, par. 361) Sec. 11. When not redeemed by the owner, a dog that
99 [May 18, 2001] (xiii) methandriol, (xiv) methandrostenolone, (xv) methenolone, (xvi) methyltestosterone, (xvii) mibolerone, (xviii) nandrolone, (xix) norethandrolone, (xx) oxandrolone, (xxi) oxymesterone, (xxii) oxymetholone, (xxiii) stanolone, (xxiv) stanozolol, (xxv) testolactone, (xxvi) testosterone, (xxvii) trenbolone, and (xxviii) any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Any person who is otherwise lawfully in possession of an anabolic steroid, or who otherwise lawfully manufactures, distributes, dispenses, delivers, or possesses with intent to deliver an anabolic steroid, which anabolic steroid is expressly intended for and lawfully allowed to be administered through implants to livestock or other nonhuman species, and which is approved by the Secretary of Health and Human Services for such administration, and which the person intends to administer or have administered through such implants, shall not be considered to be in unauthorized possession or to unlawfully manufacture, distribute, dispense, deliver, or possess with intent to deliver such anabolic steroid for purposes of this Act. (d) "Administration" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (e) "Control" means to add a drug or other substance, or immediate precursor, to a Schedule under Article II of this Act whether by transfer from another Schedule or otherwise. (f) "Controlled Substance" means a drug, substance, or immediate precursor in the Schedules of Article II of this Act. (g) "Counterfeit substance" means a controlled substance, which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. (h) "Deliver" or "delivery" means the actual, constructive or attempted transfer of possession of a controlled substance, with or without consideration, whether or not there is an agency relationship. (i) "Department" means the Illinois Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) or its successor agency. (j) "Department of State Police" means the Department of State Police of the State of Illinois or its successor agency. (k) "Department of Corrections" means the Department of Corrections of the State of Illinois or its successor agency. (l) "Department of Professional Regulation" means the Department of Professional Regulation of the State of Illinois or its successor agency. (m) "Depressant" or "stimulant substance" means: (1) a drug which contains any quantity of (i) barbituric acid or any of the salts of barbituric acid which has been designated as habit forming under section 502 (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or (2) a drug which contains any quantity of (i) amphetamine or methamphetamine and any of their optical isomers; (ii) any salt of amphetamine or methamphetamine or any salt of an optical isomer of amphetamine; or (iii) any substance which the Department, after investigation, has found to be, and by rule designated as, habit forming because of its depressant or stimulant effect on the
[May 18, 2001] 100 central nervous system; or (3) lysergic acid diethylamide; or (4) any drug which contains any quantity of a substance which the Department, after investigation, has found to have, and by rule designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect. (n) (Blank). (o) "Director" means the Director of the Department of State Police or the Department of Professional Regulation or his designated agents. (p) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a prescriber, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. (q) "Dispenser" means a practitioner who dispenses. (r) "Distribute" means to deliver, other than by administering or dispensing, a controlled substance. (s) "Distributor" means a person who distributes. (t) "Drug" means (1) substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories. (t-5) "Euthanasia agency" means an entity certified by the Department of Professional Regulation for the purpose of animal euthanasia that holds an animal control facility license or animal shelter license under the Animal Welfare Act. A euthanasia agency is authorized to purchase, store, possess, and utilize Schedule II nonnarcotic and Schedule III nonnarcotic drugs for the sole purpose of animal euthanasia. (u) "Good faith" means the prescribing or dispensing of a controlled substance by a practitioner in the regular course of professional treatment to or for any person who is under his treatment for a pathology or condition other than that individual's physical or psychological dependence upon or addiction to a controlled substance, except as provided herein: and application of the term to a pharmacist shall mean the dispensing of a controlled substance pursuant to the prescriber's order which in the professional judgment of the pharmacist is lawful. The pharmacist shall be guided by accepted professional standards including, but not limited to the following, in making the judgment: (1) lack of consistency of doctor-patient relationship, (2) frequency of prescriptions for same drug by one prescriber for large numbers of patients, (3) quantities beyond those normally prescribed, (4) unusual dosages, (5) unusual geographic distances between patient, pharmacist and prescriber, (6) consistent prescribing of habit-forming drugs. (u-1) "Home infusion services" means services provided by a pharmacy in compounding solutions for direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion. (v) "Immediate precursor" means a substance: (1) which the Department has found to be and by rule designated as being a principal compound used, or produced primarily for use, in the manufacture of a controlled substance; (2) which is an immediate chemical intermediary used or
101 [May 18, 2001] likely to be used in the manufacture of such controlled substance; and (3) the control of which is necessary to prevent, curtail or limit the manufacture of such controlled substance. (w) "Instructional activities" means the acts of teaching, educating or instructing by practitioners using controlled substances within educational facilities approved by the State Board of Education or its successor agency. (x) "Local authorities" means a duly organized State, County or Municipal peace unit or police force. (y) "Look-alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant: (a) statements made by the owner or person in control of the substance concerning its nature, use or effect; (b) statements made to the buyer or recipient that the substance may be resold for profit; (c) whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances; (d) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance. Clause (1) of this subsection (y) shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble. Nothing in this subsection (y) prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under subsection (u) if the substances involved were controlled substances. Nothing in this subsection (y) or in this Act prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360). (y-1) "Mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription. (z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that this term does not include: (1) by an ultimate user, the preparation or compounding of a controlled substance for his own use; or (2) by a practitioner, or his authorized agent under his supervision, the preparation, compounding, packaging, or labeling
[May 18, 2001] 102 of a controlled substance: (a) as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or (b) as an incident to lawful research, teaching or chemical analysis and not for sale. (z-1) "Methamphetamine manufacturing chemical" means any of the following chemicals or substances containing any of the following chemicals: benzyl methyl ketone, ephedrine, methyl benzyl ketone, phenylacetone, phenyl-2-propanone, or pseudoephedrine or any of the salts, optical isomers, or salts of optical isomers of the above-listed chemicals. (aa) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium; (3) opium poppy and poppy straw; (4) coca leaves and any salts, compound, isomer, salt of an isomer, derivative, or preparation of coca leaves including cocaine or ecgonine, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine (for the purpose of this paragraph, the term "isomer" includes optical, positional and geometric isomers). (bb) "Nurse" means a registered nurse licensed under the Nursing and Advanced Practice Nursing Act. (cc) (Blank). (dd) "Opiate" means any substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having addiction forming or addiction sustaining liability. (ee) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds. (ff) "Parole and Pardon Board" means the Parole and Pardon Board of the State of Illinois or its successor agency. (gg) "Person" means any individual, corporation, mail-order pharmacy, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other entity. (hh) "Pharmacist" means any person who holds a certificate of registration as a registered pharmacist, a local registered pharmacist or a registered assistant pharmacist under the Pharmacy Practice Act of 1987. (ii) "Pharmacy" means any store, ship or other place in which pharmacy is authorized to be practiced under the Pharmacy Practice Act of 1987. (jj) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. (kk) "Practitioner" means a physician licensed to practice medicine in all its branches, dentist, podiatrist, veterinarian, scientific investigator, pharmacist, physician assistant, advanced practice nurse, licensed practical nurse, registered nurse, hospital, laboratory, or pharmacy, or other person licensed, registered, or otherwise lawfully permitted by the United States or this State to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. (ll) "Pre-printed prescription" means a written prescription upon which the designated drug has been indicated prior to the time of issuance.
103 [May 18, 2001] (mm) "Prescriber" means a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian who issues a prescription, a physician assistant who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice nurse with prescriptive authority in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (nn) "Prescription" means a lawful written, facsimile, or verbal order of a physician licensed to practice medicine in all its branches, dentist, podiatrist or veterinarian for any controlled substance, of a physician assistant for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and the written guidelines required under Section 7.5 of the Physician Assistant Practice Act of 1987, or of an advanced practice nurse who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with Section 303.05 and a written collaborative agreement under Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act. (oo) "Production" or "produce" means manufacture, planting, cultivating, growing, or harvesting of a controlled substance. (pp) "Registrant" means every person who is required to register under Section 302 of this Act. (qq) "Registry number" means the number assigned to each person authorized to handle controlled substances under the laws of the United States and of this State. (rr) "State" includes the State of Illinois and any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. (ss) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household. (Source: P.A. 90-116, eff. 7-14-97; 90-742, eff. 8-13-98; 90-818, eff. 3-23-99; 91-403, eff. 1-1-00; 91-714, eff. 6-2-00.)". AMENDMENT NO. 2. Amend House Bill 2391, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1 on page 2, line 5, after "Department" by inserting "to administer euthanasia drugs to euthanize animals"; and on page 1, line 20, by replacing "Schedule IIN or Schedule IIIN" with "Schedule II or Schedule III"; and on page 2, line 26, after "certification" by inserting "and any other administrative fees"; and on page 3, line 9, by replacing "hold a" with "hold an active"; and on page 3, line 13, after "safe" by inserting "that meets the requirements of the Illinois Controlled Substances Act and rules adopted under that Act"; and on page 3, by inserting the following after line 24: "(b) A euthanasia agency may purchase, store, and possess Schedule II and Schedule III (nonnarcotic controlled substances) drugs for the euthanization of animals upon obtaining from the Department an Illinois controlled substances license pursuant to the Illinois Controlled Substances Act and a controlled substance license issued by the Drug Enforcement Administration pursuant to the federal Controlled Substances Act."; and on page 3, by replacing lines 25 and 26 with the following: "(c) The Department shall inspect the facility prior to the issuance of the controlled substance license."; and on page 3, line 27, by replacing "(c)" with "(d)"; and on page 5, by inserting the following after line 4: "(c) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a Schedule II or Schedule III nonnarcotic controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency."; and
[May 18, 2001] 104 on page 5, line 5, by replacing "(c)" with "(d)"; and on page 5, line 9, by replacing "(d)" with "(e)"; and on page 5, line 23, before "certification" by inserting "euthanasia technician"; and on page 6, line 3, by changing "license" to "euthanasia technician certification"; and on page 6, line 15, after "A" by inserting "euthanasia technician"; and on page 6, after line 20, by inserting the following: "(f) The Department shall set by rule the requirements for restoration of a euthanasia agency certification and the requirements for a change of location."; and on page 7, after line 6, by inserting the following: "Section 57. Procedures for euthanasia. (a) Only euthanasia drugs and commercially compressed carbon monoxide, subject to the limitations imposed under subsection (b) of this Section, shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act. (b) Commercially compressed carbon monoxide may be used as a permitted method of euthanasia provided that it is performed in a commercially manufactured chamber pursuant to the guidelines set forth in the most recent report of the AVMA Panel on Euthanasia. A chamber that is designed to euthanize more than one animal at a time must be equipped with independent sections or cages to separate incompatible animals. The interior of the chamber must be well lit and equipped with view-ports, a regulator, and a flow meter. Monitoring equipment must be used at all times during the operation. Animals that are under 4 months of age, old, injured, or sick may not be euthanized by carbon monoxide. Animals shall remain in the chamber and be exposed for a minimum of 20 minutes. Staff members shall be fully notified of potential health risks."; and on page 7, line 12, by deleting "If the check or other payment was"; and on page 7, by deleting lines 13 and 14; and on page 7, line 15, by deleting "an additional fine of $100 shall be imposed."; and on page 8, by deleting lines 10 through 32; and on page 9, by deleting lines 1 through 12; and on page 11, line 3, by deleting "in"; and on page 11, line 4, by deleting "a course approved by the Board"; and on page 15, line 26, by replacing "Board" with "hearing officer". AMENDMENT NO. 3. Amend House Bill 2391, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, in line 10, by changing "No" to "Except as otherwise provided in this Section, no"; and on page 2, below line 16, by inserting the following: "(c) Nothing in this Act prevents a veterinarian who is employed by the Department of Agriculture, or any other person who is employed by the Department of Agriculture and acting under the supervision of such a veterinarian, from humanely euthanizing animals in the course of that employment.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2391 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2161
105 [May 18, 2001] A bill for AN ACT in relation to vehicles. 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. 3 to HOUSE BILL NO. 2161. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 2161 as follows: tf by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by adding Section 6-108.1 as follows: (625 ILCS 5/6-108.1 new) Sec. 6-108.1. Notice to Secretary; denial of license; persons under 18. (a) The State's Attorney must notify the Secretary of the charges pending against any person younger than 18 years of age who has been charged with a violation of this Code or the Criminal Code of 1961 arising out of an accident in which the person was involved as a driver and that caused the death of or a type A injury to another person. A "type A injury" includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. The State's Attorney must notify the Secretary on a form prescribed by the Secretary. (b) The Secretary, upon receiving notification from the State's Attorney, may deny any driver's license to any person younger than 18 years of age against whom the charges are pending. (c) The State's Attorney must notify the Secretary of the final disposition of the case of any person who has been denied a driver's license under subsection (b). (d) The Secretary must adopt rules for implementing this Section. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 3 to HOUSE BILL 2161 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2265 A bill for AN ACT concerning vehicles. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2265. Senate Amendment No. 2 to HOUSE BILL NO. 2265. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate
[May 18, 2001] 106 AMENDMENT NO. 1. Amend House Bill 2265 as follows: on page 35, by replacing line 25 with the following: "(1) A person who is convicted of violating subsection (a) of Section"; and on page 35, by replacing line 29 with the following: "(2) A person who is convicted of violating subsection (a) of Section"; and on page 35, by replacing lines 32 through 34 with the following: "imposed, is subject to a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250,"; and on page 36, by replacing line 7 with the following: "(3) A person who is convicted of violating subsection (a) of Section"; and on page 36, by replacing line 19 with the following: "(4) A person who is convicted of violating this subsection (c-4) a"; and on page 45, line 8, by replacing "violation of" with "conviction of violating"; and on page 45, line 11, by replacing "violation of" with "conviction of violating"; and on page 45, by replacing lines 13 and 14 with the following: "minimum of 2 days of imprisonment and a"; and on page 45, line 16, by replacing "violation of" with "conviction of violating"; and on page 45, line 20, by replacing "violation of" with "conviction of violating". AMENDMENT NO. 2. Amend House Bill 2265, AS AMENDED, as follows: in Section 10, Sec. 6-205, subsection (c), by replacing the sentence beginning "If a person's license or permit" with the following: "If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1."; and in Section 10, Sec. 6-205, subsection (c), by replacing the sentence beginning "If the Restricted Driving Permit" with the following: "If the Restricted Driving Permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer."; and in Section 10, Sec. 6-205, subsection (d), by replacing the sentence beginning "If a person's license or permit" with the following: "If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a
107 [May 18, 2001] statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1."; and in Section 10, Sec. 6-205, subsection (d), by replacing the sentence beginning "If the Restricted Driving Permit" with the following: "If the Restricted Driving Permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer."; and in Section 10, Sec. 6-206, subsection (c), paragraph 3, by replacing the sentence beginning "If a person's license or permit" with the following: "If a person's license or permit has been revoked or suspended due to 2 or more convictions of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1. If a person's license or permit has been revoked or suspended 2 or more times within a 10 year period due to a single conviction of violating Section 11-501 of this Code or a similar provision of a local ordinance or a similar out-of-state offense, and a statutory summary suspension under Section 11-501.1, or 2 or more statutory summary suspensions, or combination of 2 offenses, or of an offense and a statutory summary suspension, arising out of separate occurrences, that person, if issued a restricted driving permit, may not operate a vehicle unless it has been equipped with an ignition interlock device as defined in Section 1-129.1."; and in Section 10, Sec. 6-206, subsection (c), paragraph 3, by replacing the sentence beginning "If the Restricted Driving Permit" with the following: "If the Restricted Driving Permit was issued for employment purposes, then this provision does not apply to the operation of an occupational vehicle owned or leased by that person's employer."; and in Section 10, Sec. 11-501, by replacing subsection (c-4) with the following: "(c-4) When a person is convicted of violating Section 11-501 of this Code or a similar provision of a local ordinance, the following penalties apply when his or her blood, breath, or urine was .16 or more based on the definition of blood, breath, or urine units in Section 11-501.2 or when that person is convicted of violating this Section while transporting a child under the age of 16: (1) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a first time, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 100 hours of community service and a minimum fine of $500. (2) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a second time within 10 years, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250. (3) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a third time within 20 years is guilty of a Class 4 felony and, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 90 days of imprisonment and a minimum fine of $2,500. (4) A person who is convicted of violating this subsection (c-4) a fourth or subsequent time is guilty of a Class 2 felony and, in addition to any other penalty that may be imposed under subsection (c), is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500."; and in Section 15, Sec. 5-5-3, subsection (c), by replacing paragraph (10) with the following:
[May 18, 2001] 108 "(10) When a person is convicted of violating Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance, the following penalties apply when his or her blood, breath, or urine was .16 or more based on the definition of blood, breath, or urine units in Section 11-501.2 or that person is convicted of violating Section 11-501 of the Illinois Vehicle Code while transporting a child under the age of 16: (A) For a first violation of subsection (a) of Section 11-501, in addition to any other penalty that may be imposed under subsection (c) of Section 11-501: a mandatory minimum of 100 hours of community service and a minimum fine of $500. (B) For a second violation of subsection (a) of Section 11-501, in addition to any other penalty that may be imposed under subsection (c) of Section 11-501 within 10 years: a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250. (C) For a third violation of subsection (a) of Section 11-501, in addition to any other penalty that may be imposed under subsection (c) of Section 11-501 within 20 years: a mandatory minimum of 90 days of imprisonment and a minimum fine of $2,500. (D) For a fourth or subsequent violation of subsection (a) of Section 11-501: ineligibility for a sentence of probation or conditional discharge and a minimum fine of $2,500."; and in Section 15, Sec. 5-6-3, subsection (e), by replacing the sentence beginning "This 6 month limit" with the following: "This 6 month limit does not apply to a person sentenced to probation as a result of a conviction of a fourth or subsequent violation of subsection (c-4) of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2265 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2 A bill for AN ACT in relation to alternate fuels. 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. 2. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2, by replacing everything after the enacting clause with the following: "Section 5. The Alternate Fuels Act is amended by changing Section 5 as follows: (415 ILCS 120/5) Sec. 5. Purpose. The General Assembly declares that it is the public policy of the State to promote and encourage the use of alternate fuel in vehicles as a means to improve air quality in this
109 [May 18, 2001]
[May 18, 2001] 110 Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 215, on page 1, on line 28, by replacing "$25" with "$19"; and on page 1, line 30, immediately after the period, by inserting the following: "Beginning on January 1, 2003, and through January 1, 2007, the maximum fee that a county board may authorize shall increase by $1 each year." AMENDMENT NO. 2. Amend House Bill 215, on page 3, immediately below line 5, by inserting the following: "Section 10. The Clerks of Courts Act is amended by changing Sections 27.2, 27.2a, 27.5, and 27.6 as follows: (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 650,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section. In addition, the fees provided in this Section shall apply to all units of local government and school districts in counties with more than 3,000,000 inhabitants. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $190
111 [May 18, 2001] The fee for filing an appearance in each civil case shall be $75
[May 18, 2001] 112 maintained on an automated medium, the clerk shall be entitled to a fee of $6
113 [May 18, 2001] domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $40
[May 18, 2001] 114 (A) Felony complaints, $125
115 [May 18, 2001] shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $25
[May 18, 2001] 116 and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of the Illinois Vehicle Code, $25. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $100
117 [May 18, 2001] (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $100
[May 18, 2001] 118 without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $25
119 [May 18, 2001] settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $60
[May 18, 2001] 120 documents are forwarded, $50
121 [May 18, 2001] (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 6-13-00.) (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) Sec. 27.5. All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
[May 18, 2001] 122 safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
123 [May 18, 2001] court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) Section 99. Effective date. This Act takes effect January 1, 2002."; and on page 3 by deleting lines 6 and 7. AMENDMENT NO. 3. Amend House Bill 215, AS AMENDED, by replacing Section 10 with the following: "Section 10. The Clerks of Courts Act is amended by changing Sections 27.1a, 27.2, 27.2a, 27.5, and 27.6 as follows: (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) Sec. 27.1a. The fees of the clerks of the circuit court in all counties having a population in excess of 180,000 but not more than 650,000 inhabitants in the instances described in this Section shall be as provided in this Section. In addition, the fees provided in this Section shall apply to all units of local government and school districts in counties with more than 3,000,000 inhabitants. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (a-1) Family. For filing a petition under the Juvenile Court Act of 1987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act of 1984, $40. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid.
[May 18, 2001] 124 (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20. (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search.
125 [May 18, 2001] For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection:
[May 18, 2001] 126 (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $102.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the
127 [May 18, 2001] provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population in excess of 180,000 but not more than 650,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support
[May 18, 2001] 128 orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district in counties with a population less than or equal to 3,000,000 inhabitants. (3) The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 650,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section.
129 [May 18, 2001] exceed $2500, $50
[May 18, 2001] 130 For filing a petition for relief by habeas corpus, $125
131 [May 18, 2001] eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $20
[May 18, 2001] 132 guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $30
133 [May 18, 2001] (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $40
[May 18, 2001] 134 filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) Sec. 27.2a. The fees of the clerks of the circuit court in all counties having a population of 3,000,000 or more inhabitants in the instances described in this Section shall be as provided in this Section. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $225
135 [May 18, 2001] $15,000, $75
[May 18, 2001] 136 to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, $60
137 [May 18, 2001] does not exceed $15,000, the fee shall be $50
[May 18, 2001] 138 (H) Motions to vacate bond forfeiture orders, $40
139 [May 18, 2001] The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $30
[May 18, 2001] 140 the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 89-234, eff. 1-1-96.) (705 ILCS 105/27.6) Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the additional fee required by subsections (b) and (c), restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
141 [May 18, 2001] the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $25 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $25 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act or the Controlled Substance Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.)". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 215 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 922 A bill for AN ACT in relation to taxes. 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. 922.
[May 18, 2001] 142 Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 922 on page 1, line 5, by replacing "Section 18-101.25" with "Sections 18-101.25 and 21-30"; and on page 3, immediately below line 7, by inserting the following: "(35 ILCS 200/21-30) Sec. 21-30. Accelerated billing. Except as provided in this Section and Section 21-40, in counties with 3,000,000 or more inhabitants, by January 31 annually, estimated tax bills setting out the first installment of property taxes for the preceding year, payable in that year, shall be prepared and mailed. The first installment of taxes on the estimated tax bills shall be computed at 50% of the total of each tax bill for the preceding year. If, prior to the preparation of the estimated tax bills, a certificate of error has been either approved by a court on or before November 30 of the preceding year or certified pursuant to Section 14-15 on or before November 30 of the preceding year, then the first installment of taxes on the estimated tax bills shall be computed at 50% of the total taxes for the preceding year as corrected by the certificate of error. By June 30 annually, actual tax bills shall be prepared and mailed. These bills shall set out total taxes due and the amount of estimated taxes billed in the first installment, and shall state the balance of taxes due for that year as represented by the sum derived from subtracting the amount of the first installment from the total taxes due for that year. The county board may provide by ordinance, in counties with 3,000,000 or more inhabitants, for taxes to be paid in 4 installments. For the levy year for which the ordinance is first effective and each subsequent year, estimated tax bills setting out the first, second, and third installment of taxes for the preceding year, payable in that year, shall be prepared and mailed not later than the date specified by ordinance. Each installment on estimated tax bills shall be computed at 25% of the total of each tax bill for the preceding year. By the date specified in the ordinance, actual tax bills shall be prepared and mailed. These bills shall set out total taxes due and the amount of estimated taxes billed in the first, second, and third installments and shall state the balance of taxes due for that year as represented by the sum derived from subtracting the amount of the estimated installments from the total taxes due for that year. The county board of any county with less than 3,000,000 inhabitants may, by ordinance or resolution, adopt an accelerated method of tax billing. The county board may subsequently rescind the ordinance or resolution and revert to the method otherwise provided for in this Code. Taxes levied on homestead property in which a member of the National Guard or reserves of the armed forces of the United States who was called to active duty on or after August 1, 1990, and who has an ownership interest shall not be deemed delinquent and no interest shall accrue or be charged as a penalty on such taxes due and payable in 1991 or 1992 until one year after that member returns to civilian status. (Source: P.A. 87-17; 87-340; 87-895; 88-455.)". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 922 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit:
143 [May 18, 2001] HOUSE BILL 2439 A bill for AN ACT to create the Home Loan Collateral Fund Act. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2439. Senate Amendment No. 2 to HOUSE BILL NO. 2439. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2439 by replacing the title with the following: "AN ACT concerning the use of State funds."; and by replacing everything after the enacting clause with the following: "Section 5. The Deposit of State Moneys Act is amended by changing Section 7 as follows: (15 ILCS 520/7) (from Ch. 130, par. 26) Sec. 7. (a) Proposals made may either be approved or rejected by the State Treasurer. A bank or savings and loan association whose proposal is approved shall be eligible to become a State depositary for the class or classes of funds covered by its proposal. A bank or savings and loan association whose proposal is rejected shall not be so eligible. The State Treasurer shall seek to have at all times a total of not less than 20 banks or savings and loan associations which are approved as State depositaries for time deposits. (b) The State Treasurer may, in his discretion, accept a proposal from an eligible institution which provides for a reduced rate of interest provided that such institution documents the use of deposited funds for community development projects. (c) The State Treasurer may, in his or her discretion, accept a proposal from an eligible institution that provides for a reduced rate of interest on deposits of State moneys if the institution agrees to a plan, the terms and conditions of which are approved by the State Treasurer, to (i) make home loans to Illinois citizens purchasing a home in Illinois in situations where the institution would not offer the borrower a home loan under the institution's prevailing credit standards without the incentive of a reduced rate of interest on deposits of State moneys and (ii) refrain from commencing or pursuing foreclosure proceedings with respect to home loans of Illinois citizens who have failed to make payments on the home loan as a result of a temporary layoff or disability, but who have resumed making payments on the home loan and have made at least 2 consecutive payments, when under the institution's prevailing policies it would commence or pursue foreclosure proceedings if it were not for the incentive of a reduced rate of interest on deposits of State moneys. For the purposes of this Section, "home loan" means a loan, other than an open-end credit plan or a reverse mortgage transaction, for which (i) the principal amount of the loan does not exceed 50% of the conforming loan size limit for a single-family dwelling as established from time to time by the Federal National Mortgage Association, (ii) the borrower is a natural person, (iii) the debt is incurred by the borrower primarily for personal, family, or household purposes, and (iv) the loan is secured by a mortgage or deed of trust on real estate upon which there is located or there is to be located a structure designed principally for the occupancy of one family and that is or will be occupied by the borrower as the borrower's principal dwelling. (d) If there is an agreement between the State Treasurer and an eligible institution that details the use of deposited funds, the
[May 18, 2001] 144 agreement may not require the gift of money, goods, or services to a third party; this provision does not restrict the eligible institution from contracting with third parties in order to carry out the intent of the agreement or restrict the State Treasurer from placing requirements upon third-party contracts entered into by the eligible institution. (Source: P.A. 89-350, eff. 8-17-95.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 2439, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 2, by replacing lines 4 through 22 with the following: "(c) The State Treasurer may, in his or her discretion, accept a proposal from an eligible institution that provides for interest earnings on deposits of State moneys to be held by the institution in a separate account that the State Treasurer may use to secure up to 10% of any (i) home loans to Illinois citizens purchasing a home in Illinois in situations where the institution would not offer the borrower a home loan under the institution's prevailing credit standards without the incentive of a reduced rate of interest on deposits of State moneys and (ii) existing home loans of Illinois citizens who have failed to make payments on the home loan as a result of a temporary layoff or disability, but who have resumed making payments on the home loan and have made at least 2 consecutive payments, when under the institution's prevailing policies it would commence or pursue foreclosure proceedings if it were not for the incentive of a reduced rate of interest on deposits of State moneys.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 2439 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3125 A bill for AN ACT concerning support. 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. 3125. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3125 on page 2, by deleting lines 12 and 13. The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 3125 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives
145 [May 18, 2001] that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3128 A bill for AN ACT in relation to support. 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. 3128. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3128 on page 19, after line 31, by inserting the following: "Section 17. The Uniform Interstate Family Support Act is amended by changing Section 602 as follows: (750 ILCS 22/602) Sec. 602. Procedure to register order for enforcement. (a) A support order or income-withholding order of another state may be registered in this State by sending the following documents and information to the appropriate tribunal
[May 18, 2001] 146 A bill for AN ACT concerning civil procedure. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3188. Senate Amendment No. 2 to HOUSE BILL NO. 3188. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3188 by replacing everything after the enacting clause with the following: "Section 5. The Code of Civil Procedure is amended by changing Section 7-103.1 as follows: (735 ILCS 5/7-103.1) Sec. 7-103.1. Quick-take; highway purposes. Quick-take proceedings under Section 7-103 may be used by the State of Illinois, the Illinois Toll Highway Authority or the St. Louis Metropolitan Area Airport Authority for the acquisition of land or interests in land
147 [May 18, 2001] (8) PIN 10-35-204-016; (9) PIN 10-35-136-005; (10) PIN 10-35-136-008; (11) PIN 10-35-203-007; (12) PIN 10-35-135-004; (13) PIN 10-35-107-002; (14) PIN 10-35-107-008; (15) PIN 10-35-500-010; (16) PIN 10-35-500-012; (17) PIN 10-35-107-016; and (18) A 60 foot strip of land across that part of the Chicago and Northwestern Railroad (Union Pacific) railroad property lying in the north 1/2 of section 35, township 41 north, range 13 east of the third principal meridian in Cook County, Illinois. (c) Quick-take proceedings under Section 7-103 may be used for a period of 12 months following the effective date of this amendatory Act of the 92nd General Assembly by the Village of Lincolnwood for the acquisition of the property PIN 10-35-200-039 for the purpose of public works usage and storage within the Touhy Lawndale Tax Increment Financing District and the Northeast Industrial Tax Increment Financing District. (735 ILCS 5/7-103.140 new) Sec. 7-103.140. Quick-take; Village of Bolingbrook. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Bolingbrook for the acquisition of the following described property for the purpose of roadway extension: PARCEL 1: That part of parcel 02-30-200-002 located in the Northeast Quarter of Section 30, Township 37 North, Range 10 East of the Third Principal Meridian lying westerly of Weber Road in Will County, Illinois, more particularly described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence S 1 deg. 19 min. 22 sec. E along the east line of said Northeast Quarter a distance of 2047.60 feet to the point of intersection of the centerline of the extension of Remington Boulevard; thence S 88 deg. 40 min. 35 sec. W along said centerline of the extension of Remington Boulevard a distance of 50.00 feet to the intersection of said centerline of Remington Boulevard and the west line of Weber Road at the point of beginning of this description; 1.) thence N 1 deg. 19 min. 22 sec. W along said west line of Weber Road a distance of 519.11 feet; 2.) thence S 88 deg. 14 min. 37 sec. W along north line of said parcel 02-30-200-002 a distance of 20.00 feet; 3.) thence S 1 deg. 19 min. 22 sec. E along a line 20.00 feet parallel to the west line of Weber Road a distance of 418.96 feet; 4.) thence S 43 deg. 40 min. 37 sec. W a distance of 63.64 feet; 5.) thence S 88 deg. 40 min. 35 sec. W a distance of 70.00 feet; 6.) thence S 1 deg. 19 min. 04 sec. E a distance of 5.00 feet; 7.) thence S 88 deg. 40 min. 35 sec. W a distance of 175.00 feet; 8.) thence west a distance of 227.70 feet along a tangential curve concave south having a radius of 686.62 feet and a cord bearing of S 79 deg. 10 min. 35 sec. W; 9.) thence S 67 deg. 10 min. 30 sec. W a distance of 229.11 feet; 10.) thence S 69 deg. 40 min. 35 sec. W a distance of 352.08 feet; 11.) thence west a distance of 559.79 feet; along a tangential curve concave south having a radius of 676.62 feet and a cord bearing of S 45 deg. 58 min. 31 sec. W; 12.) thence south a distance of 55.38 feet along a tangential curve concave east having a radius of 995.00 feet and a cord bearing of S 20 deg. 40 min. 49 sec. W to a point on the south line of said parcel 02-30-200-002; 13.) thence N 88 deg. 14 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 42.93 feet to the point of intersection of said south line of parcel 02-30-200-002 and said
[May 18, 2001] 148 centerline of the extension of Remington Boulevard; 14.) thence N 88 deg. 14 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 43.22 feet; 15.) thence north a distance of 20.27 feet along a non-tangential curve concave east having a radius of 915.00 feet and a cord bearing of N 21 deg. 38 min. 17 sec. E; 16.) thence north a distance of 493.60 feet along a tangential curve concave east having a radius of 596.62 feet and a cord bearing of N 45 deg. 58 min. 31 sec. E; 17.) thence N 69 deg. 40 min. 35 sec. E a distance of 352.08 feet; 18.) thence N 72 deg. 10 min. 40 sec. E a distance of 229.11 feet; 19.) thence east a distance of 194.53 feet along a non-tangential curve concave south having a radius of 586.62 feet and a cord bearing of N 79 deg. 10 min. 36 sec. E; 20.) thence N 88 deg. 40 min. 35 sec. E a distance of 240.00 feet; 21.) thence S 46 deg. 19 min. 23 sec E a distance of 84.85 feet; 22.) thence S 1 deg. 19 min. 22 sec. E along a line 10.00 feet parallel to the west line of Weber Road a distance of 485.00 feet; 23.) thence N 88 deg. 13 min. 38 sec. E along said south line of parcel 02-30-200-002 a distance of 10.00 feet; 25.) thence N 1 deg. 19 min. 22 sec. W along said west line of Weber Road a distance of 594.92 feet to the point of beginning, in Will County, Illinois, said parcel containing 3.77 acres, more or less. (735 ILCS 5/7-103.141 new) Sec. 7-103.141. Quick-take; Village of Downers Grove. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Downers Grove within the area of the Downers Grove Central Business District Tax Increment Financing District described below, to be used only for acquiring properties for providing off-street parking facilities: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 21.12 FEET OF LOTS 18 AND 19 OF ASSESSOR'S SUBDIVISION, A SUBDIVISION IN SECTIONS 7 AND 8 IN AFORESAID TOWNSHIP 38 NORTH, RANGE 11 EAST, RECORDED AS DOCUMENT NO. 14481 AND THE EAST LINE OF MAIN STREET, AND RUNNING THENCE EASTERLY, ALONG SAID SOUTH LINE, TO THE WEST LINE OF LOT 16, OF AFORESAID ASSESSOR'S SUBDIVISION; THENCE NORTHWESTERLY, ALONG THE WEST LINE OF AFORESAID LOT 16, TO THE SOUTHEAST CORNER OF LOT 17 OF AFORESAID ASSESSOR'S SUBDIVISION; THENCE NORTHERLY, ALONG THE EAST LINE OF AFORESAID LOT 17, TO THE SOUTH LINE OF LOT 52 OF AFORESAID ASSESSOR'S SUBDIVISION; THENCE EASTERLY, ALONG THE SOUTH LINE OF AFORESAID LOT 52 AND THE EASTERLY EXTENSION THEREOF, TO THE WEST LINE OF WASHINGTON STREET; THENCE NORTHERLY, ALONG THE WEST LINE OF WASHINGTON STREET, TO A POINT THAT IS 94.80 FEET SOUTH FROM THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 4 OF CURTISS ADDITION TO DOWNERS GROVE, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 7317; THENCE WESTERLY, PARALLEL WITH THE NORTH LINE OF LOT 15 IN AFORESAID ASSESSOR'S SUBDIVISION, TO THE WEST LINE OF SAID LOT 15; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID LOT 15, TO THE NORTH LINE THEREOF, SAID LINE BEING THE SOUTH LINE OF BLOCK 4 IN AFORESAID CURTISS ADDITION TO DOWNERS GROVE; THENCE EASTERLY, ALONG SAID NORTH LINE, TO THE WEST LINE OF WASHINGTON STREET; THENCE NORTHERLY, ALONG SAID WEST LINE, SAID LINE ALSO BEING THE EAST LINE OF AFORESAID BLOCK 4 IN CURTISS ADDITION TO DOWNERS GROVE, TO THE SOUTH LINE OF CURTISS STREET, SAID LINE BEING THE NORTH LINE OF AFORESAID BLOCK 4; THENCE WESTERLY, ALONG SAID SOUTH LINE TO A POINT THAT IS 32.0 FEET, EASTERLY, AS MEASURED ON THE NORTH LINE OF LOT 8 IN BLOCK 4 OF AFORESAID CURTISS SUBDIVISION; THENCE SOUTHERLY, ALONG THE WEST FACE OF A BRICK BUILDING AND THE SOUTHERLY EXTENSION THEREOF, ON A STRAIGHT LINE, TO AN INTERSECTION WITH A LINE DESCRIBED AS BEGINNING 23 LINKS (15.18 FEET) SOUTH, AS MEASURED ON THE EAST LINE OF MAIN STREET, OF THE SOUTHWEST CORNER OF LOT 10 IN BLOCK 4 OF
149 [May 18, 2001] AFORESAID CURTISS SUBDIVISION AND RUNNING THENCE SOUTHEASTERLY 1.98 CHAINS (130.68 FEET), TO A POINT 32 LINKS (21.12 FEET) SOUTH OF THE SOUTH LINE OF AFORESAID LOT 8, THENCE EASTERLY 86 LINKS, (56.76 FEET), TO THE END OF THE HEREIN DESCRIBED LINE; THENCE WESTERLY, FOLLOWING ALONG SAID PREVIOUSLY DESCRIBED LINE, FROM THE INTERSECTION REFERENCED HEREIN, TO THE EAST LINE OF MAIN STREET; THENCE SOUTHERLY, ALONG SAID EAST LINE OF MAIN STREET, TO THE POINT OF BEGINNING, ALL DUPAGE COUNTY, ILLINOIS. (735 ILCS 5/7-103.142 new) Sec. 7-103.142. Quick-take; Village of Mount Prospect. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Mount Prospect for the acquisition of the following described property for the purpose of constructing a new village hall and public parking facility: PARCEL 1: THE EAST 50 FEET OF LOT 12 IN BLOCK 4 OF BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 32 FEET OF LOT 13 (EXCEPT THE WEST 96 FEET THEREOF) IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1906 AS DOCUMENT 3839591, IN COOK COUNTY, ILLINOIS. TAX I.D. NUMBERS: 08-12-103-019 AND 08-12-103-027. and ALL RIGHTS, TITLE, EASEMENTS, LICENSES OR INTERESTS WHATSOEVER FOR INGRESS, EGRESS AND PARKING OVER, UPON AND ACROSS THE REAL PROPERTY IDENTIFIED BELOW: PARCEL 1: LOT 13 (EXCEPT THE SOUTH 65 FEET THEREOF) IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION OF MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1906 AS DOCUMENT NUMBER 3839591 IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 33 FEET OF THE SOUTH 65 FEET OF LOT 13 IN BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION OF MOUNT PROSPECT IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 8, 9, 10 AND 11 BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: THE WEST 96 FEET OF THE SOUTH 32 FEET OF LOT 13 BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 5: LOT 12, (EXCEPT THE EAST 50 FEET THEREOF) BLOCK 4 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. TAX I.D. NUMBERS: 08-12-103-020, 08-12-103-021, 08-12-103-025, 08-12-103-026, 08-12-103-014, 08-12-103-017, 08-12-103-032, and 08-12-103-031. (735 ILCS 5/7-103.143 new) Sec. 7-103.143. Quick-take; City of Neoga. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the City of Neoga for the acquisition of temporary and permanent easements across a portion of the following described property for the purpose of extending the municipal water works system: 1. BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SE l/4 OF SEC. 18, T. 10 N., R. 7 E. OF THE 3RD P.M., AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROUTE NO. 45; THENCE EAST 300 FEET; THENCE NORTHERLY, 275 FEET, PARALLEL WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD; THENCE WEST 300 FEET; THENCE SOUTHERLY, ALONG SAID EAST
[May 18, 2001] 150 RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING CONTAINING 2 ACRES, MORE OR LESS, ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF ILLINOIS. 2. A PART OF THE NE 1/4 OF SEC. 19, T. 10 N., R. 7 E. OF THE 3RD P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 45 AND THE NORTH LINE OF SEC. 19, T. 10 N., R. 7 E. OF THE 3RD P.M., BEING AN IRON PIN; THENCE S. 90° 42'02" E., ASSUMED, ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 485.09 FEET TO AN IRON PIN; THENCE S. 00° 12'50" E., A DISTANCE OF 503.64 FEET TO AN IRON PIN; THENCE N. 89° 42'02" W., PARALLEL WITH THE NORTH LINE OF SAID SECTION 19 TO THE EAST RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 45, A DISTANCE OF 671.23 FEET TO AN IRON PIN; THENCE N. 20° 07'52" E., ALONG THE EAST LINE OF U.S. ROUTE NO. 45, A DISTANCE OF 535.37 FEET TO THE POINT OF BEGINNING, ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF ILLINOIS. 3. ALL THAT PART OF THE SOUTH 1/2 OF THE SE 1/4 OF SEC. 18, T. 10 N., R. 7 E. OF THE 3RD P.M., THAT LIES EAST OF THE RIGHT-OF-WAY OF THE ILLINOIS CENTRAL RAILROAD COMPANY, CONTAINING 60 ACRES MORE OR LESS, AND ALSO, THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF SEC. 18, T. 10 N., R. 7 E. OF THE 3RD P.M., LYING EAST OF THE RIGHT-OF-WAY OF THE ILLINOIS CENTRAL RAILROAD, CONTAINING 22 1/2 ACRES MORE OR LESS, EXCEPT BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SE 1/4 OF SEC. 18, T. 10 N., R. 7 E. OF THE 3RD P.M. AND THE EASTERLY RIGHT-OF WAY LINE OF STATE ROUTE NO. 45; THENCE EAST 300 FEET; THENCE NORTHERLY 275 FEET PARALLEL WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD; THENCE WEST 300 FEET; THENCE SOUTHERLY, ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING CONTAINING 2 ACRES, MORE OR LESS, ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF ILLINOIS. 4. ALL THAT PART OF THE SW 1/4 OF SEC. 19, T. 10 N., R. 7 E. OF THE 3RD P.M., LYING EAST OF THE RIGHT-OF WAY-OF THE ILLINOIS CENTRAL RAILROAD, CONTAINING 70 ACRES, MORE OR LESS, ALL SITUATED IN THE COUNTY OF CUMBERLAND AND STATE OF ILLINOIS. 5. ALL THAT PART OF THE NORTH 1/2 OF SEC. 19, LYING EAST OF THE ILLINOIS CENTRAL RAILROAD COMPANY RIGHT-OF-WAY, T. 10 N., R. 7 E. OF THE 3RD P.M., EXCEPT, BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 45 AND THE NORTH LINE OF SEC. 19, T. 10 N., R. 7 E. OF THE 3RD P.M. BEING AN IRON PIN THENCE S. 90° 42'02" E., ASSUMED, ALONG THE NORTH LINE SAID SECTION 19. A DISTANCE OF 485.09 FEET TO AN IRON PIN; THENCE S. 00° 12'50" E., A DISTANCE OF 503.64 FEET TO AN IRON PIN; THENCE N. 89° 42'02" W. PARALLEL WITH THE NORTH LINE OF SAID SECTION 19 TO THE EAST RIGHT-OF-WAY LINE OF U.S. ROUTE NO. 45. A DISTANCE OF 671.23 FEET TO AN IRON PIN; THENCE N. 20° 07'52" E., ALONG THE EAST LINE OF U.S. ROUTE NO. 45, A DISTANCE OF 535.37 FEET TO THE POINT OF BEGINNING. SUBJECT TO CONVEYANCE FOR FAI ROUTE 57. ALL SITUATED IN THE COUNTY OF CUMBERLAND IN THE STATE OF ILLINOIS. (735 ILCS 5/7-103.144 new) Sec. 7-103.144. Quick-take; Village of Plainfield. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Plainfield for the acquisition of the following described property for the purpose of making public improvements to construct road, water, sewer, and drainage systems to serve existing and planned park and school sites: Parcel #1: THE NORTH 30.00 FEET OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING WESTERLY AND SOUTHERLY OF THE HIGHWAY KNOWN AS LINCOLN HIGHWAY OR UNITED STATES ROUTE 30; AND ALSO THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION LYING EASTERLY AND NORTHERLY OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY, EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS BY DEED
151 [May 18, 2001] DOCUMENT 402715, RECORDED JANUARY 22, 1927; AND ALSO EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO COMMONWEALTH EDISON COMPANY, A CORPORATION OF ILLINOIS BY WARRANTY DEED RECORDED OCTOBER 16, 1962 AS DOCUMENT 968125 IN WILL COUNTY, ILLINOIS. PIN #01-32-200-001. Parcel #2: THE NORTH 30.00 FEET OF A STRIP OF LAND LYING BETWEEN THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILROAD AND THE NORTHEASTERLY RIGHT OF WAY LINE OF U.S. ROUTE 30 IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PIN #01-32-200-002. Parcel #3: THE NORTH 30.00 FEET OF THAT PART THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHWESTERLY OF AND COINCIDENT WITH LANDS CONVEYED TO PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS BY WARRANTY DEED RECORDED JANUARY 22, 1927 AS DOCUMENT 402715, AND LYING NORTHEASTERLY OF AND COINCIDENT WITH LANDS CONVEYED TO SADDLE SIGNS, INC. BY QUIT CLAIM DEED RECORDED AUGUST 14, 1998 AS DOCUMENT R98-094655, IN WILL COUNTY, ILLINOIS. PIN #01-32-500-001. Parcel #4: THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF AND IMMEDIATELY ADJACENT TO THE EASTERLY RIGHT-OF-WAY LINE OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY, SUCCESSOR BY MERGER OF PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS, BY WARRANTY DEED RECORDED JANUARY 22, 1927, AS DOCUMENT NO. 402715, AND LYING WESTERLY OF A LINE 40 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE, IN WILL COUNTY, ILLINOIS, AND ALSO THE NORTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY WITH THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID RAILWAY COMPANY TO A POINT IN THE NORTH SECTION LINE OF SAID SECTION WHICH IS 825.52 FEET EAST OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH SECTION LINE OF SAID SECTION, 167.34 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID RAILWAY COMPANY TO A POINT IN THE EAST LINE OF THE WEST HALF OF NORTHEAST QUARTER OF SAID SECTION WHICH IS 347.07 FEET NORTH OF THE POINT OF BEGINNING: THENCE SOUTH TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. PIN # 01-32-200-003. Parcel #5: THE NORTH 30 FEET OF THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY, A CORPORATION OF ILLINOIS BY WARRANTY DEED RECORDED NOVEMBER 13, 1952 AS DOCUMENT NO. 970766, IN WILL COUNTY, ILLINOIS. PIN #01-32-200-005. Parcel # 6: THE NORTH 30 FEET OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS. PIN #01-33-100-006. Parcel #7: THE WEST 50 FEET OF THE SOUTH 670 FEET OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN. PIN #01-33-200-002. Parcel #8: THE WEST 160.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM THAT PART CONVEYED FOR ROADWAY PURPOSES BY DOCUMENT NUMBER 484643, RECORDED APRIL 23, 1935), IN WILL COUNTY, ILLINOIS. PIN #03-08-400-006. (735 ILCS 5/7-103.145 new) Sec. 7-103.145. Quick-take; City of Champaign and Champaign
[May 18, 2001] 152 County. Quick-take proceedings under Section 7-103 may be used to acquire real property, including fee simple and temporary and permanent easements, for the Olympian Drive construction and reconstruction project for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the City of Champaign or by the County of Champaign for acquisition of any portion of the following described property: Land lying within a corridor bounded by a line 200 feet on either side of the existing line of Olympian Drive (also known as TR151) between Mattis Avenue and Market Avenue in Hensley Township in Champaign County; and also land lying within a corridor bounded by a line 200 feet on either side of the center line of Mattis Avenue, Farber Drive, Prospect Avenue, Neil Street (extended), and Market Street for a distance of 1,000 feet north and south of the right-of-way lines of Olympian Drive on each of the named roadways, all located within Hensley Township in Champaign County. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3188 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3247 A bill for AN ACT in relation to certain land. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3247. Senate Amendment No. 2 to HOUSE BILL NO. 3247. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3247 by replacing everything after the enacting clause with the following: "Section 5. Upon the payment of the sum of $46,000 to the State of Illinois, the rights or easements of access, crossing, light, air and view from, to and over the following described line and FA Route 2 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No.5X06103 Direct access to F.A. Route 2 (U.S. Route 51) shall be restored to 75 feet of a tract of land abutting the easterly right of way line of said highway; Beginning at a point 351.28 feet South of and 48.87 feet East of the northwest corner of the Southwest Quarter of Section 26, Township 17 North, Range 2 East of the Third Principal Meridian, said point being on the easterly right of way line of F.A. 2 and 45.00 feet right of centerline station 115+70; thence 30.33 feet northerly along said east line, to a point 45.00 feet right of centerline station 116+00.33; thence 5.00 feet easterly along said east line, to a point 50.00 feet right of centerline
153 [May 18, 2001] station 116+00.48; thence 39.52 feet northerly along said east line, to a point 50.00 feet right of centerline station 116+40. Section 10. Upon the payment of the sum of $19,800 to the State of Illinois, the easement for highway purposes is released over and through the following described land and the rights or easement of access, crossing, light, air and view from, to and over the following described land and FA Route 26 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 5X02811(Tract A) A part of the land acquired by a Dedication of Right of Way for a Freeway, that was dated May 12, 1953 and is recorded in Book 480 on Page 592 in the Recorder's Office of Champaign County, Illinois, being part of the East Half of Section 1, Township 22 North, Range 9 East of the 3rd principal Meridian, further described as: From the intersection of the South line of the Northeast Quarter of the Northeast Quarter of said Section 1 and the surveyed centerline of Federal Aid Route 26, measure West on the South line of the Northeast Quarter of the Northeast Quarter of said Section 1 for 30.06 feet to the place of beginning; From the place of beginning, measure Southeasterly around a curve to the left having a radius of 5085.5 feet and tangent to a line bearing South 3 degrees 36 minutes East for an arc length of 999.9 feet; thence South 14 degrees 52 minutes East for 98.8 feet; thence South 12 degrees 57 minutes East for 300.17 feet; thence South 14 degrees 08 minutes East for 198.7 feet; thence South 18 degrees 13 minutes East for 99.8 feet; thence Southwesterly around a curve to the right having a radius of 5025.5 feet and tangent to a line bearing South 11 degrees 54 minutes East for an arc length of 2186.9 feet; thence South 20 degrees 39 minutes West for 80.07 feet; thence South 63 degrees 33 minutes West for 145.6 feet; thence Northeasterly around a curve to the left having a radius of 4905.5 feet and is tangent to a line bearing North 15 degrees 02 minutes East for an arc distance of 2559.8 feet; thence North 14 degrees 52 minutes West for 437.4 feet; thence Northwesterly around a curve to the right having a radius of 5205.5 feet and tangent to the last described course for an arc distance of 1031.1 feet; thence East on South line of the Northeast Quarter of the Northeast Quarter of said Section 1 for 120.24 feet to the place of beginning, containing 10.8 acres, more or less. Direct access to FA Route 26 (U.S. Route 45) shall be restored to 4028 feet of a tract of land described as follows: Commencing at the intersection of the South line of the Northeast Quarter of the Northeast Quarter of Section 1, Township 22 North, Range 9 East of the Third Principal Meridian and the surveyed centerline of FA Route 26; thence West 150.3 feet along the South line of the Northeast Quarter of the Northeast Quarter of said Section 1, to the Place of Beginning; thence Southeasterly 1031.1 feet along a curve to the left being concentric with and 150 feet westerly of the centerline of FA Route 26, said curve having a radius of 5205.5 feet, the chord of said curve bears South 09 degrees 11 minutes 32 seconds East 1029.42 feet; thence South 14 degrees 52 minutes East 437.4 feet; thence Southwesterly 2559.8 feet along a curve to the right being concentric with and 150 feet westerly of the centerline of FA Route 26, said curve having a radius of 4905.5 feet, the chord of said curve bears South 00 degrees 04 minutes 57 seconds West 2530.86 feet, to the northerly right of way line of SA Route 9. Parcel No. 5X02811(Tract B) A part of the land acquired by a Dedication of Right of Way for a Freeway, that was dated April 7, 1952 and is recorded in Book 461 on Page 373 in the Recorder's Office of Champaign County, Illinois, being part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 22 North, Range 9 East of the 3rd Principal Meridian, further described as: From the intersection of the South line of the Northeast Quarter of the Northeast Quarter of said Section 1 and the surveyed centerline
[May 18, 2001] 154 of Federal Aid Route 26, measure West on the South line of the Northeast Quarter of the Northeast Quarter of said Section 1 for 30.06 feet to the place of beginning: From the place of beginning continue the last described course for 327.5 feet; thence North 17 degrees 53 minutes East for 120 feet; thence North 41 degrees 26 minutes East for 143.23 feet; thence North 59 degrees 59 minutes East for 185.71 feet; thence South 11 degrees 32 minutes East for 133.45 feet; thence southeasterly around a curve to the left having a radius of 5085.7 feet and a chord bearing of South 2 degrees 32 minutes East for an arc length of 187.87 feet, to the place of beginning, containing 1.59 acres, more or less. Direct access to FA Route 26 (U.S. Route 45) shall be restored to 322 feet of a tract of land described as follows: Commencing at the intersection of the South line of the Northeast Quarter of the Northeast Quarter of Section 1, Township 22 North, Range 9 East of the Third Principal Meridian and the surveyed centerline of FA Route 26; thence West 30.06 feet along the South line of the Northeast Quarter of the Northeast Quarter of said Section 1, to the Place of Beginning; thence Northwesterly 187.87 feet along a curve to the right being concentric with and 30 feet westerly of the centerline of FA Route 26, said curve having a radius of 5085.5 feet, the chord of said curve bears North 2 degrees 32 minutes West 187.87 feet; thence North 11 degrees 32 minutes West 133.45 feet. Section 15. Upon the payment of the sum of $3,700 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Kankakee County, Illinois: Parcel No. 3LR0066 That part of the Southwest Quarter of Section 17, Township 30 North, Range 13 West of the Second Principal Meridian, in Kankakee County, Illinois, described as follows: Commencing at the southwest corner of the Southwest Quarter of said Section 17; thence South 89 degrees 25 minutes 30 seconds East 87.26 feet on an assumed bearing along the south line of the Southwest Quarter of said Section 17 to the easterly existing right of way line of U.S. Route 45 and 52 (formerly S.B.I. Route 49); thence North 12 degrees 44 minutes 25 seconds West 125.95 feet along said easterly right of way line to the Point Of Beginning; thence North 30 degrees 40 minutes 11 seconds West 97.52 feet; thence North 00 degrees 49 minutes 09 seconds West 463.95 feet; thence North 44 degrees 52 minutes 45 seconds East 71.04 feet to the easterly right of way line of said U.S. Route 45 and 52 (formerly S.B.I. Route 49); thence South 00 degrees 35 minutes 55 seconds East 598.16 feet along said easterly right of way line to the Point Of Beginning, containing 0.6063 acre (26,409 square feet), more or less. It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from U.S. Routes 45 and 52, previously declared a freeway at this parcel. Section 25. Upon the payment of the sum of $2,500 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Macon County, Illinois: Parcel No. 5X05503 A part of F.A. Route 49, Section 13-X as recorded in the Macon County Recorder's Office, Deed Book 1167 Page 532, being a part of Lot 1 in Block 1 of Hillcrest Addition, as per plat recorded in Book 536 Page 91, to the City of Decatur, in Section 8, Township 16 North, Range 2 East of the Third Principal Meridian, situated in the County of Macon, in the State of Illinois, described as
155 [May 18, 2001] follows: Beginning at the northwest corner of said Lot 1; thence easterly 30.208 meters [99.11 feet] along the north line of Lot 1; thence southeasterly 17.879 meters [58.66 feet] to the southeast corner of said Lot 1; thence westerly 39.167 meters [128.50 feet] along the south line of said Lot 1, to the southwest corner of Lot 1; thence northerly 15.071 meters [49.45 feet] along the west line of said Lot 1, to the Point of Beginning, containing 530.614 square meters [5,712 square feet], more or less. No easement or right of access will be allowed to the public highway identified as F.A. Route 49 (U.S. Rte. 36) or Moffet Lane, from the aforementioned property. Section 30. Upon the payment of the sum of $1,000 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Logan County, Illinois: Parcel No. 675X178 A tract of land lying along and adjacent to the northwesterly right of way line of the G.M. & O. Railroad in the Southwest 1/4 of Section 7, in Township 18 North, Range 3 West of the 3rd P.M., and more particularly described as follows: The point of beginning is described as commencing at a stone on the Southwest corner of said Section 7, thence north along the centerline of a public highway 958.5 feet; thence South 73 degrees 09 minutes East, 650.6 feet to the said northwesterly right of way line of said railroad; thence North 37 degrees 41 minutes East, along said right of way line 134.55 feet; thence North 37 degrees 41 minutes East, 124.45 feet; thence North 35 degrees 57 minutes East, 122.2 feet; thence North 27 degrees 05 minutes East, 3.35 feet; thence North 27 degrees 05 minutes East, 214 feet; thence North 33 degrees 21 minutes East, 54.7 feet to the point of beginning, said point being in the northwesterly right of way line of said Railroad. From said point of beginning North 33 degrees 21 minutes East, 22.8 feet; thence North 37 degrees 50 minutes East, 300 feet (being along said right of way line of the railroad) to a State right of way stone; thence South 76 degrees 11 minutes West, 127.5 feet to a State right of way stone; thence South 36 degrees 09 minutes West, along the Easterly right of way line of Federal Aid Highway Route 5 for a distance of 225 feet; thence South 53 degrees 51 minutes East, 74.3 feet, more or less, to the point of beginning, containing 0.48 acres, more or less. Section 35. Upon the payment of the sum of $3,000 to the State of Illinois, the rights or easement of access, crossing, light, air and view from, to and over the following described line and FA Route 5 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 675X220 A part of the South Half of the Northwest Quarter of Section 4, Township 17 North, Range 4 West of the Third Principal Meridian, Sangamon County, Illinois, described as follows: Beginning at a point on the Westerly existing right of way line of F.A. Route 5 being 110.00 feet left of Station 526+00.49; thence northeasterly along said Westerly existing right of way line on a curve to the right having a radius of 4884.65 feet, an arc distance of 168.24 feet and a chord bearing North 32 degrees 17 minutes 03 seconds East, 168.24 feet to a point 110.00 feet left of Station 527+64.94, said point being the point of termination. Offsets referenced to the survey line as shown on original parcel 13. Section 40. Upon the payment of the sum of $2,000 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Sangamon County, Illinois:
[May 18, 2001] 156 Parcel No. 675X221 Part of the Northwest Quarter of the Northwest Quarter of Section 9, Township 17 North, Range 4 West of the Third Principal Meridian, Sangamon County, Illinois, being more particularly described as follows: Commencing at the northwest corner of said Section 9; thence North 89 degrees 15 minutes 32 seconds East along the north line of said Section 9, a distance of 891.00 feet; thence South 00 degrees 44 minutes 28 seconds East, 13.41 feet to the point of beginning at the intersection of the south existing right of way line of the Township Road and the westerly existing right of way line of S.B.I. Route 4 (Old U.S. Route 66) being 431.28 feet right of Survey Station 279+93.77 referenced to the survey line of F.A.I. Route 55; thence along the south existing right of way line of the Township Road, North 89 degrees 07 minutes 21 seconds East, 76.66 feet to the westerly existing right of way line of the Railroad; thence along said westerly existing Railroad right of way, also being the easterly existing right of way line of said S.B.I. Route 4, South 33 degrees 54 minutes 15 seconds West, 710.64 feet to a point 264.22 feet right of Station 273+98.47; thence North 68 degrees 05 minutes 21 seconds West, 62.80 feet to a point on the westerly existing right of way line of said S.B.I. Route 4 being 201.53 feet right of Station 274+01.93; thence along said westerly right of way line, North 33 degrees 46 minutes 28 seconds East, 679.96 feet to the point of beginning, containing .993 acre, more or less. Section 45. Upon the payment of the sum of $380.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Carroll County, Illinois: Parcel No. 2DCA014 A parcel of land in part of the West Half of the Southeast Quarter of Section 12, Township 25 North, Range 4 East of the Fourth Principal Meridian, County of Carroll, State of Illinois, described as follows: Commencing at the Center of Section 12; thence Easterly on the North Line of the Southeast Quarter of said Section 12, said line having a bearing of North 82 degrees 19 minutes 02 seconds East, a distance of 406.36 feet to a point in the Center Line of a public road designated S.B.I. Route 40 (Illinois Route 78), said point being the Point of Beginning of the hereinafter described parcel of land; thence continuing Easterly on said North Line of the last described course, a distance of 33.98 feet to a point in the Easterly Right-of-Way Line of said S.B.I. Route 40 (Illinois Route 78); thence Southeasterly on said Easterly Right-of-Way Line, said line having a bearing of South 21 degrees 23 minutes 35 seconds East, a distance of 404.87 feet to a point; thence continuing Southeasterly on said Easterly Right-of-Way Line which is the arc of a circle concave to the Southwest, an arc distance of 33.70 feet, said arc having a radius of 1,044.10 feet and a chord bearing of South 20 degrees 29 minutes 01 seconds East, a chord distance of 33.70 feet to a point; thence Southerly on a line having a bearing of South 8 degrees 11 minutes 48 seconds West, a distance of 75.67 feet to a point in the Center Line of said S.B.I. Route 40 (Illinois Route 78); thence Northwesterly on said Center Line which is the arc of a circle concave to the Southwest, an arc distance of 99.66 feet, said arc having a radius of 1,011.10 feet and a chord bearing of North 18 degrees 34 minutes 28 seconds West, a chord distance of 99.62 feet to a point; thence continuing Northwesterly on said Center Line, said line having a bearing of North 21 degrees 23 minutes 35 seconds West, a distance of 412.92 feet to the Point of Beginning, containing 0.360 acre, more or less. For the purpose of this description, said North Line of the Southeast Quarter of Section 12 has been assigned a bearing of North 82 degrees 19 minutes 02 seconds East. Section 50. Upon the payment of the sum of $4,000.00 to the State of Illinois, the easement for highway purposes is released over and
157 [May 18, 2001] through the following described land and the rights or easement of access, crossing, light, air and view from, to and over the following described line and FA Route 10 are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 3LR0067 TRACT NUMBER ONE: A part of the Northeast Quarter of Section 2, Township 23 North, Range 2 East of the Third Principal Meridian, McLean County, Illinois, more particularly described as follows: Commencing at the northwest corner of Outlot 24 in the Ninth Addition to McLean County Farm Bureau Subdivision according to Document Number 99-38302 in the McLean County Recorder Of Deeds; thence easterly 201.14 feet along the southerly right of way line of Empire Street along a 11,539.20 foot radius curve to the left whose chord bears North 87 degrees 04 minutes 00 seconds East, 201.14 feet to the Point Of Beginning of Release of Access Control; thence easterly 98.00 feet along said right of way line along a 11,539.20 foot radius curve to the left whose chord bears North 86 degrees 19 minutes 27 seconds East, 98.00 feet to the termination of Release of Access Control. The total length of Release of Access Control is 98.00 lineal feet. TRACT NUMBER TWO: A part of the Northeast Quarter of Section 2, Township 23 North, Range 2 East of the Third Principal Meridian, McLean County, Illinois, more particularly described as follows: Commencing at the northwest corner of Outlot 24 in the Ninth Addition to McLean County Farm Bureau Subdivision according to Document Number 99-38302 in the McLean County Recorder Of Deeds; thence easterly 553.26 feet along the southerly right of way line of Empire Street along a 11,539.20 foot radius curve to the left whose chord bears North 86 degrees 11 minutes 33 seconds East 553.21 feet; thence easterly 184.09 feet along said right of way line along a 11,379.20 foot radius curve to the right whose chord bears North 85 degrees 18 minutes 31 seconds East, 184.09 feet to the Point Of Beginning of Release of Access Control; thence easterly 43.99 feet along said right of way line along a 11,379.20 foot radius curve to the right whose chord bears North 85 degrees 52 minutes 58 seconds East, 43.99 feet to the termination of Release of Access Control. The total length of Release of Access Control is 43.99 lineal feet. Section 55. Upon the payment of the sum of $500.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Dewitt County, Illinois, to Michael J. Tate: Parcel No. 5X54203 Part of Lot 1 in Block 6 in Portland Place Subdivision of part of Lot 1 of 60 acres off the south end of the West Half of the Northeast Quarter of Section 35, Township 20 North, Range 2 East of the Third Principal Meridian, situated in the City of Clinton, in the County of Dewitt, in the State of Illinois, described as follows: Beginning at the northeast corner of said Lot 1; thence South 00 degrees 48 minutes 03 seconds West along the east line of said Lot 1, 0.181 meters [0.59 feet] to the northerly right of way line of FA Route 71 (Il. Rte. 54); thence southwesterly along said right of way line 9.301 meters [30.52 feet] along a curve to the right being concentric with and 12.192 meters [40.00 feet] northerly of the centerline of FA 71, said curve having a radius of 766.550 meters [2514.92 feet], the chord of said curve bears South 61 degrees 55 minutes 08 seconds West 9.301 meters [30.52 feet]; thence North 49 degrees 05 minutes 44 seconds West 6.474 meters [21.24 feet] to the north line of said Lot 1; thence North 88 degrees 36 minutes 04 seconds East 13.106 meters [43.00 feet] along said line, to the Point of Beginning, containing 29 square meters [316 square feet]. Section 60. Upon the payment of the sum of $1,000.00 to the State
[May 18, 2001] 158 of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Macoupin County, Illinois: Parcel No. 675X224 A part of the Northwest Quarter of Section 22, Township 7 North, Range 6 West of the Third Principal Meridian, Macoupin County, Illinois, more particularly described as follows: Beginning at a point on the south line of the Northwest Quarter of said Section 22, a distance of 50.00 feet northwesterly measured at right angles from the northwesterly right of way line of the C & NW Railroad, formerly known as the Litchfield and Madison Railroad; thence northeasterly parallel to and 50.00 feet northwesterly of said right of way line to a point that is 145.00 feet west of the centerline of highway FA 5; thence north parallel to and 145.00 feet west of said highway centerline to the south existing right of line of Township Road 300 North; thence southeasterly along said right of way line to a point on the west existing right of way line of FA 5, being 99.00 feet west of said FA 5 centerline; thence southerly along said west right of way line to a point on the existing northwesterly right of way line of the C & NW Railroad also being 99.00 feet west of said FA 5 centerline; thence southwesterly along the said northwesterly railroad right of way line to the south line of the Northwest Quarter of said Section 22; thence westerly along said quarter section line to the point of beginning, containing 0.368 acres (16,048 square feet) more or less. It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FA Route 5 (IL Rt. 66), previously declared a freeway. Section 65. Upon the payment of the sum of $46,500.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Monroe County, Illinois, to Harold P. Hermann and Elsie R. Hermann: Parcel No. 800XA99 Part of Tax Lot 3A in Survey 555, Claim 505 as recorded in the Recorder's Office of Monroe County, Illinois in Surveyor's Official Plat Record "A" on Page 106 and part of Tax Lot 13A in Survey 556, Claim 498 as recorded in the Recorder's Office of Monroe County, Illinois in Surveyor's Official Plat Record "A" on Page 106, all in Township 1 South, Range 10 West of the Third Principal Meridian, Monroe County, Illinois, more particularly described as follows: Commencing at an old stone at the northwesterly corner of Tax Lot 3A in said Survey 555, Claim 505; thence on an assumed bearing of South 12 degrees 28 minutes 57 seconds West on the westerly line of Tax Lot 3A in said Survey 555, Claim 505, a distance of 492.02 feet to an iron pin on the northerly right of way line of FA Route 182, as recorded in the Recorder's Office of Monroe County, Illinois in Book of Plats "C" on Page 44, being the Point of Beginning. From said Point of Beginning; thence South 35 degrees 25 minutes 42 seconds East on the northwesterly right of way line of FA Route 182, a distance of 170.44 feet to an iron pin; thence North 40 degrees 38 minutes 36 seconds East on the northwesterly right of way line of FA Route 182, a distance of 643.93 feet to an iron pin; thence North 54 degrees 08 minutes 10 seconds East on the northwesterly right of way line of FA Route 182, a distance of 234.86 feet to a point on the westerly right of way line of FA Route 14 (marked Illinois Route 3), said point being the southwest corner of a tract of land described as Tract A in Condemnation Case No. 90-ED-5 Order Vesting Title filed July 5, 1990; thence South 18 degrees 18 minutes 42 seconds East, 339.89 feet to a point on the southeasterly right of way line of FA Route 182 and the westerly
159 [May 18, 2001] right of way line of FA Route 14, said point being the northwest corner of a tract of land described as Tract B of said Condemnation Case No. 90-ED-5; thence South 53 degrees 41 minutes 33 seconds West on the southeasterly right of way line of FA Route 182, a distance of 127.38 feet to an iron pin; thence South 43 degrees 02 minutes 41 seconds West on the southeasterly right of way line of FA Route 182, a distance of 192.98 feet to an iron pin; thence South 53 degrees 38 minutes 30 seconds West on the southeasterly right of way line of FA Route 182, a distance of 382.08 feet to an iron pin; thence South 04 degrees 22 minutes 05 seconds East on the southeasterly right of way line of FA Route 182, a distance of 32.58 feet to an iron pin on the southerly line of Tax Lot 3A of said Survey 555, Claim 505 and the northerly right of way line of Township Road 9 (Sandbank Road); thence North 61 degrees 06 minutes 48 seconds West on the southerly line of Tax Lot 3A of said Survey 555, Claim 505 and the northerly right of way line of Township Road 9, a distance of 350.69 feet to an iron pin at the southwesterly corner of Tax Lot 3A of said Survey 555, Claim 505, said corner also being on the easterly right of way line of County Highway 6 (Bluff Road); thence North 12 degrees 28 minutes 57 seconds East on the westerly line of Tax Lot 3A of said Survey 555, Claim 505 and the easterly right of way line of County Highway 6, a distance of 144.82 feet to the Point of Beginning. Parcel 800XA99 herein described contains 5.822 acres. Exception: Access to FAP Route 14 (Illinois Route 3) from the above described tract will be prohibited. Section 70. Upon the payment of the sum of $192,000.00 to the State of Illinois, the rights or easement of access, crossing, light, air and view from, to and over the following described line and FAP Route 582 (IL-111) and IL-140 (FAP 785) are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 800XB02 A line which lies between the northern, northwestern and western part of Outparcel "B" of "Northwest Business Park", a subdivision according to the plat thereof recorded in Plat Cabinet 57, Page 50 of the Madison County Records and property conveyed to The People of the State of Illinois, Department of Transportation by deed recorded in Deed Book 3053, Page 1700 of the Madison County Records, being all that land lying within the limits of the right of way formerly known as FAS Route 762, Section 107 MFT (Illinois Route 111 and part of Illinois Route 140), according to the plat thereof recorded in Road Record Book 7, Pages 143-151 of the Madison County Records, being more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 12, Township 5 North, Range 9 West of the Third Principal Meridian, Madison County, Illinois; thence northerly along the west line of said Southwest Quarter of Section 12, on an assumed bearing of North 01 degree 08 minutes 55 seconds West, 965.30 feet; thence North 88 degrees 51 minutes 05 seconds East, 81.85 feet to the Point of Beginning, said Point of Beginning being on the easterly right of way line of said Illinois Route 111, according to said deed recorded as Book 3053, Page 1700. From said Point of Beginning; thence the following four (4) courses and distances along the easterly right of way line of Illinois Route 111 and the southerly right of way line of Illinois Route 140, according to said deed recorded in Deed Book 3053, Page 1700: (1) North 01 degree 06 minutes 42 seconds West, 129.89 feet; (2) thence North 04 degrees 13 minutes 14 seconds East, 150.65 feet; (3) thence North 63 degrees 52 minutes 20 seconds East, 99.57 feet; (4) thence along a curve to the left, having a radius of 1,984.86 feet, an arc distance of 223.22 feet, the chord of said curve bears South 77 degrees 03 minutes 01 second East, 223.10 feet to the terminus of said line. Section 75. Upon the payment of the sum of $12,600.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of
[May 18, 2001] 160 this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in St. Clair County, Illinois: Parcel No. 800XB06 A tract of land being part of Lot 5, Survey 143, 144, 145 and 146 of the Commonfields of Prairie DuPont recorded in Plat Book E, Page 29 in the Recorder's Office of St. Clair County, Illinois and being more particularly described as follows: Commencing at the Northeast Corner of Lot 1 of Dyroff's Resubdivision of Part of Blocks 6, 7, 8 and 9 of North Dupo recorded in Plat Book 27, Page 2 in the Recorder's Office of St. Clair County, Illinois, said corner is also located on the southerly existing right of way line of the former Illinois Central Gulf Railroad; thence along said southerly existing right of way line along an assumed bearing of North 89 degrees 54 minutes 21 seconds East, 421.33 feet to the Southeast Corner of a tract of land conveyed by Warranty Deed to the State of Illinois recorded November 30, 1982 in Book 2534, Page 185 and the Point of Beginning. From said Point of Beginning; thence continuing along said southerly existing right of way line of the former Illinois Central Gulf Railroad, North 89 degrees 54 minutes 21 seconds East, 376.16 feet to the Southwest Corner of a tract of land conveyed by Warranty Deed to the State of Illinois recorded November 30, 1982 in Book 2534, Page 183; thence South 13 degrees 53 minutes 27 seconds West, 133.73 feet; thence South 33 degrees 44 minutes 01 second West, 181.95 feet; thence South 89 degrees 54 minutes 21 seconds West, 289.56 feet; thence North 08 degrees 26 minutes 00 seconds East, 155.47 feet; thence North 10 degrees 34 minutes 27 seconds, East 129.41 feet to the Point of Beginning. Parcel 800XB06 herein described contains 2.25 acres. It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FAP Route 4, nor IL Route 3 (Stolle Road) previously declared freeways at this location. Access from and to this parcel will be limited to relocated Falling Springs Road. Section 80. Upon the payment of the sum of $1,000.00 to the State of Illinois, the rights or easement of access, crossing, light, air and view from, to and over the following described line and FA Route 178 (IL 251) are restored subject to permit requirements of the State of Illinois, Department of Transportation: Parcel No. 3LR0068 A part of the Northwest Quarter of Section 2, Township 32 North, Range 1 East of the Third Principal Meridian, LaSalle County, Illinois, more particularly described as follows: Commencing at the southeast corner of the Northwest Quarter of said Section 2; thence North 89 degrees 24 minutes 54 seconds West, 101.88 feet along the south line of the Northwest Quarter of said Section 2 to its intersection with the east right of way line of F.A. Route 178 (Illinois Route 251); thence North 36 degrees 21 minutes 11 seconds West, 97.63 feet along said east right of way line to the Point Of Beginning of the Release of Access Control, said point being 60.0 feet left of Station 426+33.40; thence South 36 degrees 21 minutes 11 seconds East, 97.63 feet along said east right of way line to the Point Of Termination of said Release, said point being 60.0 feet left of Station 427+38.39, all situated in LaSalle County, Illinois. The total length of Release of Access Control is 97.63 linear feet. Section 85. Upon the payment of the sum of $28,900.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Madison County, Illinois: Parcel No. 800XA98 A
161 [May 18, 2001] That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 6 North, Range 10 West of the Third Principal Meridian, in Madison County, Illinois, described as follows: Beginning at the southwest corner of Lot 7 in North Port Industrial Park Section No. 1B, being a subdivision in the Southwest Quarter of the Southeast Quarter of said Section 35, according to the plat thereof recorded April 25, 1969 in Plat Book 39, on Page 21; thence on an assumed bearing of South 75 degrees 18 minutes 24 seconds East, on the south line of said Lot 7, a distance of 258.88 feet to the southeast corner of said Lot 7; thence South 00 degrees 21 minutes 31 seconds East, on the southerly extension of the east line of said Lot 7, a distance of 7.00 feet; thence North 77 degrees 01 minute 47 seconds West, 256.92 feet to the east line of Lot 15 in Gerson Heights Subdivision, being a subdivision of part of the West Half of the Southeast Quarter of said Section 35, according to the plat thereof recorded July 2, 1929 in Plat Book 16, on Page 53; thence North 00 degrees 21 minutes 31 seconds West, on the west line of said Lot 15, a distance of 15.00 feet to the Point of Beginning. Parcel 800XA98-A herein described contains 2,750 square feet or 0.063 acre. and also; Parcel No. 800XA98 B That part of Lot 15 in Gerson Heights Subdivision being a subdivision of part of the West Half of the Southeast Quarter of Section 35, Township 6 North, Range 10 West of the Third Principal Meridian, according to the plat thereof recorded July 2, 1929 in Plat Book 16, on Page 53, in Madison County, Illinois, described as follows: Beginning at the Northeast Corner of said Lot 15; thence on an assumed bearing of South 00 degrees 21 minutes 31 seconds East, on the east line of said Lot 15, a distance of 44.40 feet; thence North 78 degrees 06 minutes 11 seconds West, 133.32 feet to the west line of said Lot 15; thence North 00 degrees 21 minutes 31 seconds West, on said west line of Lot 15, a distance of 16.10 feet to the northwest corner of said Lot 15; thence North 89 degrees 38 minutes 29 seconds East, on the north line of said Lot 15, a distance of 130.28 feet to the Point of Beginning. Parcel 800XA98-B herein described contains 3,941 square feet or 0.090 acre. Exception: It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FAP Route 789 (IL Rt. 3 and 111), previously declared a freeway. Section 110. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 908+32 to Sta. 920+86 Parcel No. 74307AX State of Illinois EXCESS LAND Part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 165), and more fully described as follows: Beginning at a point on the south right-of-way line of a public road, located along the north line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 80 feet West of the centerline of the existing pavement of SBI Route 15; thence South 85 degrees West
[May 18, 2001] 162 135.5 feet along the south right-of-way line of said public road, located along the north line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 13, T2S, R5E of the Third Principal Meridian; thence around a curve to the right having a radius of 2,785 feet and tangent to a line having a bearing of South 13 degrees 32 minutes West for a distance of 640.8 feet; thence South 23 degrees 07 minutes West 196 feet; thence around a curve to the right having a radius of 2,805 feet and tangent to a line having a bearing of South 30 degrees 43 minutes West for a distance of 419.6 feet to the Grantor's south property line; thence North 84 degrees 05 minutes East 166.6 feet along the Grantor's south property line; thence around a curve to the left having a radius of 2,925 feet and tangent to a line having a bearing of North 36 degrees 58 minutes East for a distance of 319.1 feet; thence North 34 degrees 37 minutes East 206.0 feet; thence around a curve to the left having a radius of 2,945 feet and tangent to a line having a bearing of North 30 degrees 33 minutes East for a distance of 315.9 feet to the line 931 feet North of and parallel to the south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian; thence East 118.8 feet to a point located on a line 65 feet West of and parallel to the centerline of the existing pavement of SBI Route 15; thence South 271 feet along a line 65 feet West of and parallel to the centerline of the existing pavement of SBI Route 15 to a point on a line 660 feet North of and parallel to the south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian; thence East 15 feet along a line 660 feet North of the south line of said Quarter-Quarter Section to a point on a line 50 feet West of and parallel to the centerline of the existing pavement of SBI Route 15; thence North 506 feet along said line 50 feet West of and parallel to the centerline of the existing pavement of State Bond Issue Route 15; thence North 11 degrees 30 minutes West 157 feet to the Point of Beginning; excepting therefrom, a tract, containing 1.49 acres beginning at a point on the south right-of-way line of a public road, located along the north line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 80 feet West of the centerline of the existing pavement of SBI Route 15; thence South 85 degrees West 135.5 feet along the south right-of-way line of said public road, located along the north line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 13, T2S, R5E of the Third Principal Meridian; thence South 01 degree 06 minutes East 421 feet; thence around a curve to the left having a radius of 2,945 feet and tangent to a line having a bearing of North 30 degrees 33 minutes East for a distance of 32.7 feet to the line 931 feet North of and parallel to the south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian; thence East 118.8 feet to a point located on a line 65 feet West of and parallel to the centerline of the existing pavement of SBI Route 15; thence South 271 feet along a line 65 feet West of and parallel to the centerline of the existing pavement of SBI Route 15 to a point on a line 660 feet North of and parallel to the south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian; thence East 15 feet along a line 660 feet North of the south line of said Quarter-Quarter Section to a point on a line 50 feet West of and parallel to the centerline of the existing pavement of SBI Route 15; thence North 506 feet along said line 50 feet West of and parallel to the centerline of the existing pavement of SBI Route 15; thence North 11 degrees 30 minutes West 157 feet to the Point of Beginning, all in accordance with the attached plat and containing 3.29 acres, more or less. Section 115. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of
163 [May 18, 2001] this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 904+37 to Sta. 908+32 Parcel No. 74307BX State of Illinois EXCESS LAND Part of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 297), and more fully described as follows: Beginning at a point on the south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 239 feet East of the southwest corner of said Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence East along the said south line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, 194.4 feet; thence around a curve to the left having a radius of 2,925 feet and tangent to a line having a bearing of North 49 degrees 07 minutes East for a distance of 376 feet; thence South 84 degrees 05 minutes West 166.6 feet; thence around a curve to the right having a radius of 2,805 feet and tangent to a line having a bearing of South 41 degrees 13 minutes West for a distance of 414 feet to the Point of Beginning, all in accordance with the attached plat and containing 1.16 acres, more or less. Section 120. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 900+14 to Sta. 904+37 Parcel No. 74307CX State of Illinois EXCESS LAND Part of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 6, Page 21), more fully described as follows: Beginning at a point on the north line of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 224.7 feet East of the northwest corner of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence East along said north line of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13, 208.7 feet; thence around a curve to the right having a radius of 2,925 feet and tangent to a line having a bearing of South 50 degrees 05 minutes West for a distance of 112.3 feet; thence South 47 degrees 23 minutes West 102.8 feet; thence around a curve to the right having a radius of 2,935 feet and tangent to a line having a bearing of South 54 degrees 17 minutes West for a distance of 333.0 feet to the west line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence North 161.5 feet along said west line of the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence around a curve to the left having a radius of 2,795 feet and tangent to a line having a bearing of North 59 degrees 10 minutes East for a distance of 282.9 feet to the Point of Beginning, all in accordance with the attached plat and containing 1.32 acres, more or less. Section 125. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of
[May 18, 2001] 164 this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 884+95 to Sta. 900+14 Parcel No. 74307DX State of Illinois EXCESS LAND Part of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 159), and more fully described as follows: Beginning at a point on the east line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 154 feet South of the northeast corner of said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence around a curve to the right having a radius of 2,795 feet and tangent to a line having a bearing of South 51 degrees 58 minutes West for a distance of 250 feet; thence South 56 degrees 58 minutes West 115.2 feet; thence South 62 degrees 38 minutes West 100.4 feet; thence South 56 degrees 58 minutes West 100 feet; thence South 52 degrees 38 minutes West 200.5 feet; thence South 56 degrees 58 minutes West 770 feet to the west line of said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence South 153 feet along the west line of said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence North 56 degrees 58 minutes East 840 feet; thence North 59 degrees 48 minutes East 200.2 feet; thence North 56 degrees 58 minutes East 100 feet thence North 51 degrees 18 minutes East 100.4 feet; thence North 56 degrees 58 minutes East 115.2 feet; thence around a curve to the left having a radius of 2,935 feet and tangent to the last named bearing for a distance of 170 feet to the east line of said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13; thence North 153 feet along the east line of said Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 13 to the Point of Beginning, all in accordance with the attached plat and containing 4.92 acres, more or less. Section 130. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 869+89 to Sta. 884+95 Parcel No. 74307EX State of Illinois EXCESS LAND Part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 13 and the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, all in T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 193), and more fully described as follows: Beginning at a point on a line 20 feet East of and parallel to the west line of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian and 74.5 feet South of the north line of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 56 degrees 58 minutes East 280.4 feet; thence North 52 degrees 08 minutes East 301 feet; thence North 56 degrees 58 minutes East 600 feet; thence North 62 degrees 38 minutes East
165 [May 18, 2001] 200.8 feet; thence North 56 degrees 58 minutes East 129 feet to the east line of Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian; thence South 153 feet along the east line of said Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section 13; thence South 56 degrees 58 minutes West 61 feet; thence South 51 degrees 18 minutes West 100.4 feet; thence South 56 degrees 58 minutes West 800 feet; thence South 62 degrees 38 minutes West 200.8 feet; thence South 56 degrees 58 minutes West 341.6 feet to a line 20 feet East of and parallel to the west line of said Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 137 feet along said line 20 feet East of and parallel to the west line of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 13 to the Point of Beginning, all in accordance with the attached plat and containing 5.13 acres, more or less. Section 135. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section I7 Wayne County Job No. R-97-004-00 Sta. 854+40 to Sta. 869+89 Parcel No. 74307FX State of Illinois EXCESS LAND Part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 212), and more fully described as follows: Beginning at a point on the west line of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian 32 rods North of the southwest corner of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 85 degrees 30 minutes West 245 feet along the north line of the South 16 acres off said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 56 degrees 58 minutes East 530 feet; thence North 54 degrees 08 minutes East 300.3 feet; thence North 56 degrees 58 minutes East 457 feet to a line 20 feet East of and parallel to the east line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 04 degrees 30 minutes West 137 feet along said line 20 feet East of and parallel to the east line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence South 56 degrees 58 minutes West 521 feet; thence South 62 degrees 38 minutes West 201 feet; thence South 56 degrees 58 minutes West 818 feet to the west line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence South 04 degrees 30 minutes East 60 feet along the west line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13 to the Point of Beginning, all in accordance with the attached plat and containing 4.72 acres, more or less. Section 140. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 854+40 to Sta. 856+72 Parcel No. 74307GX
[May 18, 2001] 166 State of Illinois EXCESS LAND Part of the South 16 acres off the south end of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 161), and more fully described as follows: Beginning at the Point of Intersection of the west line of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13, T2S, R5E of the Third Principal Meridian and the north line of the South 16 acres off the south end of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence East 245 feet; thence South 56 degrees 58 minutes West 272 feet to the west line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13; thence North 116 feet along the west line of said Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 13 to the Point of Beginning, all in accordance with the attached plat and containing 0.33 acre, more or less. Section 145. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 844+15 to Sta. 854+40 Parcel No. 74307HX State of Illinois EXCESS LAND Part of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 199), and more fully described as follows: Beginning at a point on the east line of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, T2S, R5E of the Third Principal Meridian 396 feet North of the southeast corner of said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence South 56 degrees 58 minutes West 940 feet to the south line of said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence West 298 feet along the south line of said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence North 56 degrees 58 minutes East 610 feet; thence North 52 degrees 38 minutes East 200.2 feet; thence North 56 degrees 58 minutes East 380 feet to the east line of said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence South 176.2 feet along the east line of the said Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 14 to the Point of Beginning, all in accordance with the attached plat and containing 3.44 acres, more or less. Section 150. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 828+12 to Sta. 844+15 Parcel No. 74326AX State of Illinois EXCESS LAND Part of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) and part of the Southeast Quarter (SE 1/4) of the Southeast
167 [May 18, 2001] Quarter (SE 1/4) of Section 14, T2S, R5E of the Third Principal Meridian (as recorded in Book 6, Page 7), more particularly described as follows: Beginning at a point on the east line of the West 11 acres off the west side of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 14, T2S, R5E of the Third Principal Meridian, 524.6 feet North of the centerline of the existing pavement on State Bond Issue Route 15; thence around a curve to the left having a radius of 5,790 feet and tangent to a line having a bearing of North 59 degrees 53 minutes East a distance of 292.6 feet; thence North 56 degrees 58 minutes East 226.48 feet; thence North 62 degrees 41 minutes East 200.2 feet; thence North 56 degrees 58 minutes East 700 feet; thence North 54 degrees 06 minutes East 100 feet; thence North 56 degrees 58 minutes East 256.1 feet to the north line of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14, T2S, R5E of the Third Principal Meridian; thence West 298.2 feet with the north line of the said Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence South 59 degrees 50 minutes West 100 feet; thence South 56 degrees 58 minutes West 400 feet; thence South 64 degrees 41 minutes West 100.1 feet; thence South 56 degrees 58 minutes West 200 feet; thence South 63 degrees 12 minutes West 200.2 feet; thence South 56 degrees 58 minutes West 226.48 feet; thence around a curve to the right with a radius of 5,670 feet and tangent to a line with a bearing of South 56 degrees 58 minutes West a distance of 231.4 feet to the east line of the West 11 acres off the west side of the said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence South 134.8 feet with the east line of the West 11 acres off the west side of the said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 14 to the Point of Beginning, all in accordance with the attached plat and containing 5.18 acres, more or less. Section 155. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 817+11. to Sta. 828+17 Parcel No. 74328AX State of Illinois EXCESS LAND Part of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and part of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4), all in Section 14, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 335), more particularly described as follows: Beginning at a point on the west line of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14, T2S, R5E of the Third Principal Meridian 87.2 feet North of the existing northerly right-of-way line of State Bond Issue Route 15; thence North 165.6 feet with the west line of said East Half (E 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14; thence around a curve to the left having a radius of 5,650 feet and tangent to a line having a bearing of North 70 degrees 13 minutes East a distance of 67.6 feet; thence North 75 degrees 15 minutes East 200.2 feet; thence around a curve to the left having a radius of 5,670 feet and tangent to a line having a bearing of North 67 degrees 32 minutes East a distance of 842.6 feet to the east line of the West 11 acres off the west side of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 14, T2S, R5E of the Third
[May 18, 2001] 168 Principal Meridian; thence South 134.8 feet with the east line of the West 11 acres off the west side of said Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 14; thence around a curve to the right having a radius of 5,790 feet and tangent to a line having a bearing of South 59 degrees 53 minutes West a distance of 781.4 feet; thence South 61 degrees 49 minutes West 200.2 feet; thence around a curve to the right having a radius of 5,810 feet and tangent to a line having a bearing of South 69 degrees 32 minutes West a distance of 110.4 feet to the Point of Beginning, all in accordance with the attached plat and containing 3.21 acres, more or less. Section 160. Upon the payment of the sum of $1 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is released over and through the following described land in Wayne County, Illinois: SBI Route 15 Section 17 Wayne County Job No. R-97-004-00 Sta. 797+00 to Sta. 817+11 Parcel No. 74330AX State of Illinois EXCESS LAND Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) and part of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4), all in Section 14, T2S, R5E of the Third Principal Meridian (as recorded in Book 5, Page 285), more particularly described as follows: Beginning at the Point of Intersection of the easterly right-of-way line of a public road, located along the west line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 14, T2S, R5E of the Third Principal Meridian, and the existing northerly right-of-way line of State Bond Issue Route 15; thence North 53 feet with the easterly right-of-way line of a public road, located along the west line of said Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 14; thence South 47 degrees 01 minute East 34.1 feet; thence North 85 degrees 58 minutes East 449.04 feet; thence around a curve to the left having a radius of 5,670 feet and tangent to the last described line a distance of 309 feet; thence North 77 degrees 28 minutes East 407.6 feet; thence around a curve to the left having a radius of 5,650 feet, and tangent to the last described line, a distance of 821.5 feet to the east line of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14, T2S, R5E of the Third Principal Meridian; thence South 252.8 feet with the east line of said West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14 to the existing northerly right-of-way line of said Route 15; thence West with the existing northerly right-of-way line of said Route 15 to the Point of Beginning, excepting therefrom, a tract containing 1.52 acres beginning at the Point of Intersection of the easterly right-of-way line of a public road, located along the west line of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 14, T2S, R5E of the Third Principal Meridian, and the existing northerly right-of-way line of State Bond Issue Route 15; thence North 53 feet with the easterly right-of-way line of a public road, located along the west line of said Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 14; thence South 47 degrees 01 minute East 34.1 feet; thence North 85 degrees 58 minutes East 449.04 feet; thence around a curve to the left having a radius of 5,670 feet and tangent to the last described line a distance of 309 feet; thence North 85 degrees 58 minutes East 1,210.11 feet to the east line of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14, T2S, R5E of the Third Principal Meridian; thence South
169 [May 18, 2001] 36.42 feet with the east line of said West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 14 to the existing northerly right-of-way line of said Route 15; thence West with the existing northerly right-of-way line of said Route 15 to the Point of Beginning, all in accordance with the attached plat and containing 2.85 acres, more or less. Section 165. Subject to appraisal by an appraiser who is licensed under the Real Estate Appraiser Licensing Act and upon the payment of a sum equal to the amount of that appraisal to the State of Illinois and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title, and interest in and to the following described land in Cook County, Illinois, to Lanco International (Mi-Jack): A parcel of land being a part of the W 1/2 of the NW 1/4 of Section 25, Township 36, Range 13, east of the third principal meridian in Cook County, Illinois and more particularly described as follows: Commencing from a point 1,323.17 feet south of the northwest corner of the W 1/2 of NW 1/4 of said section 25, thence east 150 feet, thence north 469.92 to a point 200 feet east of the western boundary of the W 1/2 of the NW 1/4 of said section 25, thence northwest at a 92 degree angle to a point 188 feet east of the western boundary of the W 1/2 of the NW 1/4 of said section 25, thence northwest at a 123 degree angle to a point 158 feet east of the western boundary of the W 1/2 of the NW 1/4 of said section 25, thence northwest at a 132.5 degree angle to a point 108 feet east of the western boundary of the W 1/2 of the NW 1/4 of said section 25, thence west 23 feet to a point 85 feet east of the western boundary of the W 1/2 of the NW 1/4 of said section 25, thence northwest at a 95 degree angle to a point 281.07 feet north, then commencing at a 90.5 degree angle to a point 30 feet north, thence northeast at a 48 degree angle to a point 60 feet east to the point of beginning. Section 900. The Secretary of Transportation shall obtain a certified copy of the portions of this Act containing the title, enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be transferred or otherwise affected pursuant to Sections 5 through 165, and this Section within 60 days after its effective date and, upon receipt of payment required by the Section or Sections, if any payment is required, shall record the certified document in the Recorder's Office in the county which the land is located. Section 905. Upon the payment of any sum required by the Cook County Forest Preserve District, and subject to the conditions set forth in Section 910 of this Act, the Cook County Forest Preserve is authorized to convey by quitclaim deed all of its right, title, and interest in and to the following described lands in Cook County, Illinois: PARCEL A Lot 46, 47, and 48 in block 6 in Indian Highlands, a subdivision of all that part of the west 225 acres of the north 32/80ths of the north Section of Robinson's Reserve in Township 40 North, Range 12 East of the Third Principal Meridian, lying east of a line as follows: Beginning at a point on the North line of the North Section 40.05 chains east of the Northwest corner of the North Section running thence South 22 1/4 degrees East 4.40 chains; thence South 63 1/2 degrees West 11.73 chains; thence North 55 1/2 degrees West 4.80 chains; thence South 35 1/2 degrees West 3.57 chains; thence North 79 degrees West 5.30 chains; thence South 2 degrees East 24.15 chains to the South line of said North 32/80ths of North Section, Cook County, Illinois. Permanent Index Number: 12-10-303-046 PARCEL B That portion lying northwest of the northwesterly right of way line of the Chicago, Rock Island and Pacific Railway of the property described as follows:
[May 18, 2001] 170 The West half (W. 1/2)(except therefrom the right of way of the Chicago Rock Island and Pacific Railroad) of Lot 2 in Assessor's Division of the Northeast quarter (N.E. 1/4) of Section Twenty-nine (29), Township Thirty-six (36) North, Range Thirteen (13) East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index Number: 28-29-211-010 PARCEL C That part of Lot Four (4) of partition between the children of Hans Johann Schrum (also known as John Schrum, deceased) of lands left by him in Fractional Section 20 and 29, Township 36 North, Range 15 East of the Third Principal Meridian, lying west of Wentworth Avenue and South of a line 50 feet South of and parallel to the following described line: Commencing at a cross notch in the center line of the pavement of Wentworth Avenue, which is 204.5 feet South of the North line of the South 1/2 of the Northeast Fractional Quarter of Said Section 20; running thence westerly on a curve having a radius of 1766.84 feet and being convex to the south and being tangent to a line forming an angle of 90 degrees and 9 minutes to the northeast with the center line of said Wentworth Avenue, in Cook County, Illinois. Also, that portion lying south of the south right of way line of River Oaks Drive of the property described as follows: That part of Section 20, Township 36 North, Range 15 East of the Third Principal Meridian Described as follows: Commencing at a point 12.303 chains East of the Northwest corner of the East 1/2 of the Northwest 1/4 of Section 20 aforesaid; thence running east 8.994 chains; thence south 20 chains; thence west 2.50 chains; running thence south 363.4 feet, more or less, to the center line of Prairie or Ridge Road (Schrum Road); running thence Northwesterly in the center of said Road to a point due south of the place of beginning, running thence north 1458.7 feet, more or less, to the point of beginning, in Cook County, Illinois. Permanent Index Number: Part of 30-20-103-003 and Part of 30-20-202-016 PARCEL E That portion of the East 1/2 of the Southeast 1/4 of Section 35, Township 40 North, Range 12 East of the Third Principal Meridian lying northeasterly of the northeasterly right of way line of Thatcher Avenue in Cook County, Illinois. Permanent Index Number: Part of 12-3 5-400-003 PARCEL F That portion of the East 1/2 of the West 1/2 of Fractional Section 1 of Township 41 North, Range 9 East of the Third Principal Meridian lying north of the 240 foot wide right of way of Higgins Road (Route 72), except that part thereof conveyed to the Illinois State Toll Highway Commission by deed recorded April 25, 1957 as document number 16887105, and also except that part conveyed to The Northern Illinois Gas Company by deed recorded December 3, 1958 as document number 17393730 in Cook County, Illinois. Permanent Index Number: 06-01-101-003 Section 910. The Cook County Forest Preserve District shall obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, Section 905, and this Section within 60 days after its effective date and upon receipt of the required payment, if payment is required, shall record the certified document in the Recorder's Office in Cook County. Section 915. Both the Illinois State Bar Association and the State of Illinois claim an ownership interest in the following described land: The South 16 feet of the East 160 feet of the North 232 feet of Lot 47 of Assessor's Subdivision of the Northeast Quarter of Section 33 and the West Half of the Northwest Quarter of Section 34, Township 16 North, Range 5 West of the Third Principal Meridian; situated in Sangamon County, Illinois. The land is located to the rear of the Illinois Bar Center on South Second Street in Springfield and is adjacent on the north to the
171 [May 18, 2001] property upon which the Supreme Court Building is located. The land may once have been used as an alley and is currently being used by the Attorney General for parking spaces in connection with the Attorney General's building on South Second Street to the south of the Illinois Bar Center across Jackson Street. It is to the benefit of the State of Illinois to resolve the title dispute and to secure adequate parking arrangements. Upon the Illinois State Bar Association entering into an agreement satisfactory to the Attorney General concerning alternate parking arrangements and in consideration of that agreement, the Attorney General is directed (i) to convey by quit claim deed all right, title, and interest of the State of Illinois in and to the described land to the Illinois State Bar Association and (ii) to obtain a certified copy of the portions of this Act containing the title, the enacting clause, the effective date, and this Section and to record the certified document in the Recorder's Office of Sangamon County. Section 999. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 3247, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1 on page 22, by inserting the following before line 28: "Section 95. Upon the payment of the sum of $29,600.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Cook County, Illinois, to Arbor Club L.L.C., an Illinois Limited Liability Company. Parcel No. 0ZZ0943 THAT PART OF LOT 36 IN TALBOT'S MILL, BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 31 AND PART OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 23, 1989 AS DOCUMENT 89287964, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 36; THENCE SOUTH 89 DEGREES 27 MINUTES 01 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 36, 207.33 FEET TO THE WEST LINE, AS STAKED AND OCCUPIED, OF ITASCA MEADOW FARMS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1948 AS DOCUMENT 14355084; THENCE SOUTH 01 DEGREES 01 MINUTES 22 SECONDS EAST ALONG THE WEST LINE, AS STAKED AND OCCUPIED, OF SAID ITASCA MEADOW FARMS, 26.67 FEET TO THE SOUTHWEST CORNER, AS STAKED AND OCCUPIED, OF SAID ITASCA MEADOW FARMS; THENCE SOUTH 88 DEGREES 59 MINUTES 12 SECONDS WEST ALONG THE SOUTH LINE AS STAKED, AND ALONG SAID SOUTH LINE EXTENDED, OF THE LAND CONVEYED BY WARRANTY DEED RECORDED JULY 11, 1968 AS DOCUMENT 20547937, 200.20 FEET TO THE WESTERLY LINE OF SAID LOT 36; THENCE NORTH 13 DEGREES 18 MINUTES 53 SECONDS WEST ALONG SAID LAST DESCRIBED WESTERLY LINE, 33.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS CONTAINING 5,999 SQUARE FEET OR 0.138 ACRES It is understood and agreed that there is no existing right of access nor will access be permitted in the future by the State of Illinois, Department of Transportation, from or over the premises above described to and from FAI Route 290, previously declared a freeway. Section 100. Upon the payment of the sum of $2,600.00 to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the Secretary of the Department of Transportation is authorized to convey by quitclaim deed all right, title and interest in and to the following described land in Fulton County, Illinois, to Leonard Barnard. Parcel No. 409555V - Tract 1 A part of the Northeast Quarter of Section 3, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, State of Illinois, described in detail as follows: Commencing at the intersection of the east line of the Northeast Quarter of said Section 3 and the centerline of SBI Route 78 (IL Route 78) at Station 321+19.00; thence southwesterly along said
[May 18, 2001] 172 centerline 2,086.82 feet on a curve to the left with a radius of 3,305.52 feet and a long chord bearing South 33 degrees 17 minutes 20 seconds West, 2,052.34 feet to a point on said centerline Station 342+05.82; thence North 74 degrees 47 minutes 41 seconds West, 80.00 feet to a point on the proposed right of way line, said point being 80.00 feet radially distant westerly of said centerline and the Point of Beginning. From the Point of Beginning thence North 1 degree 18 minutes 26 seconds West, 368.87 feet to a point 202.70 feet radially distant northwesterly of said centerline; thence South 43 degrees 54 minutes 58 seconds East, 128.15 feet to a point 87.08 feet radially distant northwesterly of said centerline; thence South 11 degrees 55 minutes 42 seconds East, 13.40 feet to a point 80.00 feet radially distant northwesterly of said centerline; thence southwesterly 276.27 feet on a curve to the left with a radius of 3,385.53 feet and a long chord bearing South 17 degrees 32 minutes 27 seconds West, 276.19 feet to the Point of Beginning. (The last three courses being along the proposed right of way line.) The said described Tract 1 contains 16,393 square feet, more or less, or 0.376 acre, more or less. AND Upon the payment of the sum specified above ($2,600.00) to the State of Illinois, and subject to the conditions set forth in Section 900 of this Act, the easement for highway purposes acquired by the People of the State of Illinois is also released over and through the following described land in Fulton County, Illinois: Parcel No. 409555V - Tract 2 A part of the Northeast Quarter of Section 3, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, State of Illinois, described in detail as follows: Commencing at the intersection of the east line of the Northeast Quarter of said Section 3 and the centerline of SBI Route 78 (IL Route 78) at Station 321+19.00; thence southwesterly along said centerline 2,086.82 feet on a curve to the left with a radius of 3,305.52 feet and a long chord bearing South 33 degrees 17 minutes 20 seconds West, 2,052.34 feet to a point on said centerline Station 342+05.82; thence North 74 degrees 47 minutes 41 seconds West, 80.00 feet to a point on the proposed right of way line, said point being 80.00 feet radially distant westerly of said centerline and the Point of Beginning. From the Point of Beginning thence southwesterly along the proposed right of way line 608.94 feet on a curve to the left with a radius of 3,385.53 feet and a long chord bearing South 10 degrees 03 minutes 02 seconds West, 608.12 feet to a point 80.00 feet radially distant westerly of said centerline; thence North 1 degree 20 minutes 00 seconds West, 119.18 feet to a point 95.00 feet radially distant westerly of said centerline; thence North 0 degrees 08 minutes 01 seconds East, 234.37 feet to a point 130.48 feet radially distant westerly of said centerline; thence North 0 degree 23 minutes 06 seconds East, 300.14 feet to a point 197.09 feet radially distant westerly of said centerline; thence North 0 degrees 36 minutes 18 seconds West, 420.26 feet to a point 336.88 feet radially distant northwesterly of said centerline, thence South 43 degrees 54 minutes 58 seconds East, 147.58 feet along the proposed right of way line to a point 202.70 feet radially distant northwesterly of said centerline; thence South 1 degree 18 minutes 26 seconds East, 368.87 feet to the Point of Beginning. The said described Tract 2 contains 70,894 square feet, more or less, or 1.627 acre, more or less. Tracts 1 and 2 contain a total of 87,287 square feet, more or less, or 2.003 acre, more or less.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3247 was placed on the Calendar on the order of Concurrence.
173 [May 18, 2001] 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 3289 A bill for AN ACT concerning taxes. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3289. Senate Amendment No. 2 to HOUSE BILL NO. 3289. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3289 by replacing everything after the enacting clause with the following: "Section 5. The Use Tax Act is amended by changing Sections 3-45 and 3-50 and adding Section 3-10.5 as follows: (35 ILCS 105/3-10.5 new) Sec. 3-10.5 Direct payment of retailers' occupation tax and applicable local retailers' occupation tax by purchaser; purchaser relieved of paying use tax and local retailers' occupation tax reimbursement liabilities to retailer. (a) A retailer who makes a retail sale of tangible personal property to a purchaser who provides the retailer with a copy of the purchaser's valid Direct Pay Permit issued under Section 2-10.5 of the Retailers' Occupation Tax Act is not required under Section 3-45 of this Act to collect the tax imposed by this Act on that sale. (b) A purchaser who makes a purchase from a retailer who would otherwise incur retailers' occupation tax liability on the transaction and who provides the retailer with a copy of a valid Direct Pay Permit issued under Section 2-10.5 of the Retailers' Occupation Tax Act does not incur the tax imposed by this Act on the purchase. The purchaser assumes the retailer's obligation to pay the retailers' occupation tax directly to the Department, including all local retailers' occupation tax liabilities applicable to that retail sale. (c) A purchaser who makes a purchase from a retailer who would not incur retailers' occupation tax liability on the transaction and who provides the retailer with a copy of a valid Direct Pay Permit issued under Section 2-10.5 of the Retailers' Occupation Tax Act incurs the tax imposed by this Act on the purchase. If, on any transaction, the retailer is entitled under this Act to a discount for collecting and remitting the tax imposed under this Act to the Department, the right to the discount provided in Section 9 of this Act shall be transferred to the Permit holder. If the retailer would not be entitled to a discount as provided in Section 9 of this Act, then the Permit holder is not entitled to a discount. (35 ILCS 105/3-45) (from Ch. 120, par. 439.3-45) Sec. 3-45. Collection. The tax imposed by this Act shall be collected from the purchaser by a retailer maintaining a place of business in this State or a retailer authorized by the Department under Section 6 of this Act, and shall be remitted to the Department as provided in Section 9 of this Act, except as provided in Section 3-10.5 of this Act. The tax imposed by this Act that is not paid to a retailer under this Section shall be paid to the Department directly by any person
[May 18, 2001] 174 using the property within this State as provided in Section 10 of this Act. Retailers shall collect the tax from users by adding the tax to the selling price of tangible personal property, when sold for use, in the manner prescribed by the Department. The Department may adopt and promulgate reasonable rules and regulations for the adding of the tax by retailers to selling prices by prescribing bracket systems for the purpose of enabling the retailers to add and collect, as far as practicable, the amount of the tax. If a seller collects use tax measured by receipts that are not subject to use tax, or if a seller, in collecting use tax measured by receipts that are subject to tax under this Act, collects more from the purchaser than the required amount of the use tax on the transaction, the purchaser shall have a legal right to claim a refund of that amount from the seller. If, however, that amount is not refunded to the purchaser for any reason, the seller is liable to pay that amount to the Department. This paragraph does not apply to an amount collected by the seller as use tax on receipts that are subject to tax under this Act as long as the collection is made in compliance with the tax collection brackets prescribed by the Department in its rules and regulations. (Source: P.A. 91-51, eff. 6-30-99.) (35 ILCS 105/3-50) (from Ch. 120, par. 439.3-50) Sec. 3-50. Manufacturing and assembly exemption. The manufacturing and assembling machinery and equipment exemption includes machinery and equipment that replaces machinery and equipment in an existing manufacturing facility as well as machinery and equipment that are for use in an expanded or new manufacturing facility. The machinery and equipment exemption also includes machinery and equipment used in the general maintenance or repair of exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment. For the purposes of this exemption, terms have the following meanings: (1) "Manufacturing process" means the production of an article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by a procedure commonly regarded as manufacturing, processing, fabricating, or refining that changes some existing material into a material with a different form, use, or name. In relation to a recognized integrated business composed of a series of operations that collectively constitute manufacturing, or individually constitute manufacturing operations, the manufacturing process commences with the first operation or stage of production in the series and does not end until the completion of the final product in the last operation or stage of production in the series. For purposes of this exemption, photoprocessing is a manufacturing process of tangible personal property for wholesale or retail sale. (2) "Assembling process" means the production of an article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling that results in an article or material of a different form, use, or name. (3) "Machinery" means major mechanical machines or major components of those machines contributing to a manufacturing or assembling process. (4) "Equipment" includes an independent device or tool separate from machinery but essential to an integrated manufacturing or assembly process; including computers used primarily in a manufacturer's
175 [May 18, 2001] and molds; and any parts that require periodic replacement in the course of normal operation; but does not include hand tools. The manufacturing and assembling machinery and equipment exemption includes the sale of materials to a purchaser who produces exempted types of machinery, equipment, or tools and who rents or leases that machinery, equipment, or tools to a manufacturer of tangible personal property. This exemption also includes the sale of materials to a purchaser who manufactures those materials into an exempted type of machinery, equipment, or tools that the purchaser uses himself or herself in the manufacturing of tangible personal property. This exemption includes the sale of exempted types of machinery or equipment to a purchaser who is not the manufacturer, but who rents or leases the use of the property to a manufacturer. The purchaser of the machinery and equipment who has an active resale registration number shall furnish that number to the seller at the time of purchase. A user of the machinery, equipment, or tools without an active resale registration number shall prepare a certificate of exemption for each transaction stating facts establishing the exemption for that transaction, and that certificate shall be available to the Department for inspection or audit. The Department shall prescribe the form of the certificate. Informal rulings, opinions, or letters issued by the Department in response to an inquiry or request for an opinion from any person regarding the coverage and applicability of this exemption to specific devices shall be published, maintained as a public record, and made available for public inspection and copying. If the informal ruling, opinion, or letter contains trade secrets or other confidential information, where possible, the Department shall delete that information before publication. Whenever informal rulings, opinions, or letters contain a policy of general applicability, the Department shall formulate and adopt that policy as a rule in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 91-51, eff. 6-30-99.) Section 10. The Service Use Tax Act is amended by changing Section 3-5 as follows: (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a non-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (6) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois.
[May 18, 2001] 176 (7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-75. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages acquired as an incident to the purchase of a service from a serviceman, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Proceeds from the sale of photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Semen used for artificial insemination of livestock for direct agricultural production. (14) Horses, or interests in horses, registered with and meeting
177 [May 18, 2001] the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (15) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (16) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (17) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (19) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural
[May 18, 2001] 178 Resources. This paragraph is exempt from the provisions of Section 3-75. (20)
179 [May 18, 2001] Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (2). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed, if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 2-70. (3) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (4) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. (5) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through access to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Proceeds of that portion of the selling price of a passenger car the sale of which is subject to the Replacement Vehicle Tax. (8) Personal property sold to an Illinois county fair association for use in conducting, operating, or promoting the county fair. (9) Personal property sold to a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (10) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (11) Personal property sold to a governmental body, to a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or to a not-for-profit corporation, society, association,
[May 18, 2001] 180 foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active identification number issued by the Department. (12) Personal property sold to interstate carriers for hire for use as rolling stock moving in interstate commerce or to lessors under leases of one year or longer executed or in effect at the time of purchase by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (13) Proceeds from sales to owners, lessors, or shippers of tangible personal property that is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (14) Machinery and equipment that will be used by the purchaser, or a lessee of the purchaser, primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether the sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether the sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (15) Proceeds of mandatory service charges separately stated on customers' bills for purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (16) Petroleum products sold to a purchaser if the seller is prohibited by federal law from charging tax to the purchaser. (17) Tangible personal property sold to a common carrier by rail or motor that receives the physical possession of the property in Illinois and that transports the property, or shares with another common carrier in the transportation of the property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of the property to a destination outside Illinois, for use outside Illinois. (18) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (19) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (20) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (21) Coal exploration, mining, offhighway hauling, processing,
181 [May 18, 2001] maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (22) Fuel and petroleum products sold to or used by an air carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (23) A transaction in which the purchase order is received by a florist who is located outside Illinois, but who has a florist located in Illinois deliver the property to the purchaser or the purchaser's donee in Illinois. (24) Fuel consumed or used in the operation of ships, barges, or vessels that are used primarily in or for the transportation of property or the conveyance of persons for hire on rivers bordering on this State if the fuel is delivered by the seller to the purchaser's barge, ship, or vessel while it is afloat upon that bordering river. (25) A motor vehicle sold in this State to a nonresident even though the motor vehicle is delivered to the nonresident in this State, if the motor vehicle is not to be titled in this State, and if a driveaway decal permit is issued to the motor vehicle as provided in Section 3-603 of the Illinois Vehicle Code or if the nonresident purchaser has vehicle registration plates to transfer to the motor vehicle upon returning to his or her home state. The issuance of the driveaway decal permit or having the out-of-state registration plates to be transferred is prima facie evidence that the motor vehicle will not be titled in this State. (26) Semen used for artificial insemination of livestock for direct agricultural production. (27) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (28) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (29) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of this Act. (30) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (31) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such
[May 18, 2001] 182 repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (32) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 2-70. (33)
183 [May 18, 2001] tax laws and the use tax laws in effect in this State and that the applicant's accounting system will reflect the proper amount of tax due, (2) that the applicant has a valid business purpose for participating in the Direct Payment Program, and (3) how the applicant's participation in the Direct Payment Program will benefit tax compliance. Application shall be made on forms provided by the Department and shall contain information as the Department may reasonably require. The Department shall approve or deny an applicant within 90 days after the Department's receipt of the application, unless the Department makes a written request for additional information from the applicant. (b) A person who has been approved for the Direct Payment Program and who has been issued a Direct Pay Permit by the Department is relieved of paying tax to a retailer when purchasing tangible personal property for use or consumption, except as provided in subsection (d), by providing that retailer a copy of that Direct Pay Permit. A retailer who accepts a copy of a customer's Direct Pay Permit is relieved of the obligation to remit the tax imposed by this Act on the transaction. References in this Section to "the tax imposed by this Act" include any local occupation taxes administered by the Department that would be incurred on the retail sale. (c) Once the holder of a Direct Pay Permit uses that Permit to relieve the Permit holder from paying tax to a particular retailer, the holder must use its Permit for all purchases, except as provided in subsection (d), from that retailer for so long as the Permit is valid. (d) Direct Pay Permits are not valid and shall not be used for sales or purchases of: (1) food or beverage; (2) tangible personal property required to be titled or registered with an agency of government; or (3) any transactions subject to the Service Occupation Tax Act or Service Use Tax Act. (e) Direct Pay Permits are not assignable and are not transferable. As an illustration, a construction contractor shall not make purchases using a customer's Direct Pay Permit. (f) A Direct Pay Permit is valid until it is revoked by the Department or until the holder notifies the Department in writing that the holder is withdrawing from the Direct Payment Program. A Direct Pay Permit can be revoked by the Department, after notice and hearing, if the holder violates any provision of this Act, any provision of the Illinois Use Tax Act, or any provision of any Act imposing a local retailers' occupation tax administered by the Department. (g) The holder of a Direct Pay Permit who has been relieved of paying tax to a retailer on a purchase for use or consumption by representing to that retailer that it would pay all applicable taxes directly to the Department shall pay those taxes to the Department not later than the 20th day of the month following the month in which the purchase was made. Permit holders making such purchases are subject to all provisions of this Act, and the tax must be reported and paid as retailers' occupation tax in the same manner that the retailer from whom the purchases were made would have reported and paid it, including any local retailers' occupation taxes applicable to that retail sale. Notwithstanding any other provision of this Act, Permit holders shall make all payments to the Department through the use of electronic funds transfer. (35 ILCS 120/2-45) (from Ch. 120, par. 441-45) Sec. 2-45. Manufacturing and assembly exemption. The manufacturing and assembly machinery and equipment exemption includes machinery and equipment that replaces machinery and equipment in an existing manufacturing facility as well as machinery and equipment that are for use in an expanded or new manufacturing facility. The machinery and equipment exemption also includes machinery and equipment used in the general maintenance or repair of exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment. For the purposes of this exemption, terms have the following meanings:
[May 18, 2001] 184 (1) "Manufacturing process" means the production of an article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by a procedure commonly regarded as manufacturing, processing, fabricating, or refining that changes some existing material or materials into a material with a different form, use, or name. In relation to a recognized integrated business composed of a series of operations that collectively constitute manufacturing, or individually constitute manufacturing operations, the manufacturing process commences with the first operation or stage of production in the series and does not end until the completion of the final product in the last operation or stage of production in the series. For purposes of this exemption, photoprocessing is a manufacturing process of tangible personal property for wholesale or retail sale. (2) "Assembling process" means the production of an article of tangible personal property, whether the article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling that results in a material of a different form, use, or name. (3) "Machinery" means major mechanical machines or major components of those machines contributing to a manufacturing or assembling process. (4) "Equipment" includes an independent device or tool separate from machinery but essential to an integrated manufacturing or assembly process; including computers used primarily in a manufacturer's
185 [May 18, 2001] business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by
[May 18, 2001] 186 rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business.
187 [May 18, 2001] In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 2-5 of this Act, then that seller may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the
[May 18, 2001] 188 Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the
189 [May 18, 2001] tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement
[May 18, 2001] 190 of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. The provisions of this paragraph apply before October 1, 2001. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. The provisions of this paragraph apply on and after October 1, 2001. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes that average in excess of $20,000 per month during the preceding 4 complete calendar quarters shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the
191 [May 18, 2001] month during which the liability is incurred. Each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of the quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until the taxpayer's average monthly prepaid tax collections during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarters is less than $20,000. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol.
[May 18, 2001] 192 Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys
193 [May 18, 2001] received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the
[May 18, 2001] 194 proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that
195 [May 18, 2001] month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; revised 1-15-01.) (35 ILCS 120/5k) (from Ch. 120, par. 444k) (Text of Section before amendment by P.A. 91-954) Sec. 5k. Each retailer whose place a business is within a county or municipality which has established an Enterprise Zone pursuant to the "Illinois Enterprise Zone Act" and who makes a sale of building materials to be incorporated into real estate in such enterprise zone by remodeling, rehabilitation or new construction, may deduct receipts from such sales when calculating the tax imposed by this Act. The deduction allowed by this Section for the sale of building materials may be limited, to the extent authorized by ordinance, adopted after the effective date of this amendatory Act of 1992, by the municipality or county that created the enterprise zone. The corporate authorities of any municipality or county that adopts an ordinance or resolution imposing or changing any limitation on the enterprise zone exemption for building materials shall transmit to the Department of Revenue on or not later than 5 days after publication, as provided by law, a certified copy of the ordinance or resolution imposing or changing those limitations, whereupon the Department of Revenue shall proceed to administer and enforce those limitations effective the first day of the second calendar month next following date of receipt by the Department of the certified ordinance or resolution. (Source: P.A. 91-51, eff. 6-30-99.)
[May 18, 2001] 196 (Text of Section after amendment by P.A. 91-954) Sec. 5k. Each retailer
197 [May 18, 2001] educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department. (5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax. (6) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and including machinery and equipment purchased for lease. Equipment includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a graphic arts product. (7) Farm chemicals. (8) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (9) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (11) is exempt from the provisions of Section 3-90. (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic
[May 18, 2001] 198 stopovers. (13) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages purchased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (14) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (17) Distillation machinery and equipment, sold as a unit or kit, assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property. (20) Semen used for artificial insemination of livestock for direct agricultural production. (21) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax
199 [May 18, 2001] imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (23) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (25) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-90. (27) A motor vehicle, as that term is defined in Section 1-146 of the Illinois Vehicle Code, that is donated to a corporation, limited liability company, society, association, foundation, or institution that is determined by the Department to be organized and operated exclusively for educational purposes. For purposes of this exemption, "a corporation, limited liability company, society, association, foundation, or institution organized and operated exclusively for educational purposes" means all tax-supported public schools, private schools that offer systematic instruction in useful branches of learning by methods common to public schools and that compare favorably in their scope and intensity with the course of study presented in tax-supported schools, and vocational or technical schools or institutes organized and operated exclusively to provide a course of study of not less than 6 weeks duration and designed to prepare individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation.
[May 18, 2001] 200 (28) Beginning January 1, 2000, personal property, including food, purchased through fundraising events for the benefit of a public or private elementary or secondary school, a group of those schools, or one or more school districts if the events are sponsored by an entity recognized by the school district that consists primarily of volunteers and includes parents and teachers of the school children. This paragraph does not apply to fundraising events (i) for the benefit of private home instruction or (ii) for which the fundraising entity purchases the personal property sold at the events from another individual or entity that sold the property for the purpose of resale by the fundraising entity and that profits from the sale to the fundraising entity. This paragraph is exempt from the provisions of Section 3-90. (29) Beginning January 1, 2000, new or used automatic vending machines that prepare and serve hot food and beverages, including coffee, soup, and other items, and replacement parts for these machines. This paragraph is exempt from the provisions of Section 3-90. (30) Food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act. (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99; 91-901, eff. 1-1-01.)"; and on page 5, line 3, after the period, by inserting the following: "Equipment includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a product being manufactured or assembled for wholesale or retail sale or lease."; and on page 6, by replacing line 6 with the following: "changing Sections 2 and 3-5 as follows: (35 ILCS 110/2) (from Ch. 120, par. 439.32) Sec. 2. "Use" means the exercise by any person of any right or power over tangible personal property incident to the ownership of that property, but does not include the sale or use for demonstration by him of that property in any form as tangible personal property in the regular course of business. "Use" does not mean the interim use of tangible personal property nor the physical incorporation of tangible personal property, as an ingredient or constituent, into other tangible personal property, (a) which is sold in the regular course of business or (b) which the person incorporating such ingredient or constituent therein has undertaken at the time of such purchase to cause to be transported in interstate commerce to destinations outside the State of Illinois. "Purchased from a serviceman" means the acquisition of the ownership of, or title to, tangible personal property through a sale of service. "Purchaser" means any person who, through a sale of service, acquires the ownership of, or title to, any tangible personal property. "Cost price" means the consideration paid by the serviceman for a purchase valued in money, whether paid in money or otherwise, including cash, credits and services, and shall be determined without any deduction on account of the supplier's cost of the property sold or on account of any other expense incurred by the supplier. When a serviceman contracts out part or all of the services required in his sale of service, it shall be presumed that the cost price to the serviceman of the property transferred to him or her by his or her subcontractor is equal to 50% of the subcontractor's charges to the serviceman in the absence of proof of the consideration paid by the
201 [May 18, 2001] subcontractor for the purchase of such property. "Selling price" means the consideration for a sale valued in money whether received in money or otherwise, including cash, credits and service, and shall be determined without any deduction on account of the serviceman's cost of the property sold, the cost of materials used, labor or service cost or any other expense whatsoever, but does not include interest or finance charges which appear as separate items on the bill of sale or sales contract nor charges that are added to prices by sellers on account of the seller's duty to collect, from the purchaser, the tax that is imposed by this Act. "Department" means the Department of Revenue. "Person" means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, and any receiver, executor, trustee, guardian or other representative appointed by order of any court. "Sale of service" means any transaction except: (1) a retail sale of tangible personal property taxable under the Retailers' Occupation Tax Act or under the Use Tax Act. (2) a sale of tangible personal property for the purpose of resale made in compliance with Section 2c of the Retailers' Occupation Tax Act. (3) except as hereinafter provided, a sale or transfer of tangible personal property as an incident to the rendering of service for or by any governmental body, or for or by any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes or any not-for-profit corporation, society, association, foundation, institution or organization which has no compensated officers or employees and which is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. (4) a sale or transfer of tangible personal property as an incident to the rendering of service for interstate carriers for hire for use as rolling stock moving in interstate commerce or by lessors under a lease of one year or longer, executed or in effect at the time of purchase of personal property, to interstate carriers for hire for use as rolling stock moving in interstate commerce so long as so used by such interstate carriers for hire, and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (4a) a sale or transfer of tangible personal property as an incident to the rendering of service for owners, lessors, or shippers of tangible personal property which is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce so long as so used by interstate carriers for hire, and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (5) a sale or transfer of machinery and equipment used primarily in the process of the manufacturing or assembling, either in an existing, an expanded or a new manufacturing facility, of tangible personal property for wholesale or retail sale or lease, whether such sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether such sale or lease is made apart from or as an incident to the seller's engaging in a service occupation and the applicable tax is a Service Use Tax or Service Occupation Tax, rather than Use Tax or Retailers' Occupation Tax. (5a) the repairing, reconditioning or remodeling, for a
[May 18, 2001] 202 common carrier by rail, of tangible personal property which belongs to such carrier for hire, and as to which such carrier receives the physical possession of the repaired, reconditioned or remodeled item of tangible personal property in Illinois, and which such carrier transports, or shares with another common carrier in the transportation of such property, out of Illinois on a standard uniform bill of lading showing the person who repaired, reconditioned or remodeled the property to a destination outside Illinois, for use outside Illinois. (5b) a sale or transfer of tangible personal property which is produced by the seller thereof on special order in such a way as to have made the applicable tax the Service Occupation Tax or the Service Use Tax, rather than the Retailers' Occupation Tax or the Use Tax, for an interstate carrier by rail which receives the physical possession of such property in Illinois, and which transports such property, or shares with another common carrier in the transportation of such property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of such property to a destination outside Illinois, for use outside Illinois. (6) a sale or transfer of distillation machinery and equipment, sold as a unit or kit and assembled or installed by the retailer, which machinery and equipment is certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of such user and not subject to sale or resale. (7) at the election of any serviceman not required to be otherwise registered as a retailer under Section 2a of the Retailers' Occupation Tax Act, made for each fiscal year sales of service in which the aggregate annual cost price of tangible personal property transferred as an incident to the sales of service is less than 35%, or 75% in the case of servicemen transferring prescription drugs or servicemen engaged in graphic arts production, of the aggregate annual total gross receipts from all sales of service. The purchase of such tangible personal property by the serviceman shall be subject to tax under the Retailers' Occupation Tax Act and the Use Tax Act. However, if a primary serviceman who has made the election described in this paragraph subcontracts service work to a secondary serviceman who has also made the election described in this paragraph, the primary serviceman does not incur a Use Tax liability if the secondary serviceman (i) has paid or will pay Use Tax on his or her cost price of any tangible personal property transferred to the primary serviceman and (ii) certifies that fact in writing to the primary serviceman. Tangible personal property transferred incident to the completion of a maintenance agreement is exempt from the tax imposed pursuant to this Act. Exemption (5) also includes machinery and equipment used in the general maintenance or repair of such exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment. For the purposes of exemption (5), each of these terms shall have the following meanings: (1) "manufacturing process" shall mean the production of any article of tangible personal property, whether such article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by procedures commonly regarded as manufacturing, processing, fabricating, or refining which changes some existing material or materials into a material with a different form, use or name. In relation to a recognized integrated business composed of a series of operations which collectively constitute manufacturing, or individually constitute manufacturing operations, the manufacturing process shall be deemed to commence with the first operation or stage of production in the series, and shall not be deemed to end until the completion of the final product in the last operation or stage of production in the series; and further, for purposes of exemption (5), photoprocessing is deemed to be
203 [May 18, 2001] a manufacturing process of tangible personal property for wholesale or retail sale; (2) "assembling process" shall mean the production of any article of tangible personal property, whether such article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling which results in a material of a different form, use or name; (3) "machinery" shall mean major mechanical machines or major components of such machines contributing to a manufacturing or assembling process; and (4) "equipment" shall include any independent device or tool separate from any machinery but essential to an integrated manufacturing or assembly process; including computers used primarily in a manufacturer's
[May 18, 2001] 204 to do business in this State; 2. soliciting orders for tangible personal property by means of a telecommunication or television shopping system (which utilizes toll free numbers) which is intended by the retailer to be broadcast by cable television or other means of broadcasting, to consumers located in this State; 3. pursuant to a contract with a broadcaster or publisher located in this State, soliciting orders for tangible personal property by means of advertising which is disseminated primarily to consumers located in this State and only secondarily to bordering jurisdictions; 4. soliciting orders for tangible personal property by mail if the solicitations are substantial and recurring and if the retailer benefits from any banking, financing, debt collection, telecommunication, or marketing activities occurring in this State or benefits from the location in this State of authorized installation, servicing, or repair facilities; 5. being owned or controlled by the same interests which own or control any retailer engaging in business in the same or similar line of business in this State; 6. having a franchisee or licensee operating under its trade name if the franchisee or licensee is required to collect the tax under this Section; 7. pursuant to a contract with a cable television operator located in this State, soliciting orders for tangible personal property by means of advertising which is transmitted or distributed over a cable television system in this State; or 8. engaging in activities in Illinois, which activities in the state in which the supply business engaging in such activities is located would constitute maintaining a place of business in that state. (Source: P.A. 91-51, eff. 6-30-99.)"; and on page 7, line 7, after the period, by inserting the following: "Equipment includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a graphic arts product."; and on page 13, immediately below line 10, by inserting the following: "Section 12. The Service Occupation Tax Act is amended by changing Sections 2 and 3-5 as follows: (35 ILCS 115/2) (from Ch. 120, par. 439.102) Sec. 2. "Transfer" means any transfer of the title to property or of the ownership of property whether or not the transferor retains title as security for the payment of amounts due him from the transferee. "Cost Price" means the consideration paid by the serviceman for a purchase valued in money, whether paid in money or otherwise, including cash, credits and services, and shall be determined without any deduction on account of the supplier's cost of the property sold or on account of any other expense incurred by the supplier. When a serviceman contracts out part or all of the services required in his sale of service, it shall be presumed that the cost price to the serviceman of the property transferred to him by his or her subcontractor is equal to 50% of the subcontractor's charges to the serviceman in the absence of proof of the consideration paid by the subcontractor for the purchase of such property. "Department" means the Department of Revenue. "Person" means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, limited liability company, and any receiver, executor, trustee, guardian or other representative appointed by order of any court. "Sale of Service" means any transaction except: (a) A retail sale of tangible personal property taxable under the Retailers' Occupation Tax Act or under the Use Tax Act. (b) A sale of tangible personal property for the purpose of resale made in compliance with Section 2c of the Retailers' Occupation Tax
205 [May 18, 2001] Act. (c) Except as hereinafter provided, a sale or transfer of tangible personal property as an incident to the rendering of service for or by any governmental body or for or by any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes or any not-for-profit corporation, society, association, foundation, institution or organization which has no compensated officers or employees and which is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. (d) A sale or transfer of tangible personal property as an incident to the rendering of service for interstate carriers for hire for use as rolling stock moving in interstate commerce or lessors under leases of one year or longer, executed or in effect at the time of purchase, to interstate carriers for hire for use as rolling stock moving in interstate commerce, and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (d-1) A sale or transfer of tangible personal property as an incident to the rendering of service for owners, lessors or shippers of tangible personal property which is utilized by interstate carriers for hire for use as rolling stock moving in interstate commerce, and equipment operated by a telecommunications provider, licensed as a common carrier by the Federal Communications Commission, which is permanently installed in or affixed to aircraft moving in interstate commerce. (d-2) The repairing, reconditioning or remodeling, for a common carrier by rail, of tangible personal property which belongs to such carrier for hire, and as to which such carrier receives the physical possession of the repaired, reconditioned or remodeled item of tangible personal property in Illinois, and which such carrier transports, or shares with another common carrier in the transportation of such property, out of Illinois on a standard uniform bill of lading showing the person who repaired, reconditioned or remodeled the property as the shipper or consignor of such property to a destination outside Illinois, for use outside Illinois. (d-3) A sale or transfer of tangible personal property which is produced by the seller thereof on special order in such a way as to have made the applicable tax the Service Occupation Tax or the Service Use Tax, rather than the Retailers' Occupation Tax or the Use Tax, for an interstate carrier by rail which receives the physical possession of such property in Illinois, and which transports such property, or shares with another common carrier in the transportation of such property, out of Illinois on a standard uniform bill of lading showing the seller of the property as the shipper or consignor of such property to a destination outside Illinois, for use outside Illinois. (d-4) Until January 1, 1997, a sale, by a registered serviceman paying tax under this Act to the Department, of special order printed materials delivered outside Illinois and which are not returned to this State, if delivery is made by the seller or agent of the seller, including an agent who causes the product to be delivered outside Illinois by a common carrier or the U.S. postal service. (e) A sale or transfer of machinery and equipment used primarily in the process of the manufacturing or assembling, either in an existing, an expanded or a new manufacturing facility, of tangible personal property for wholesale or retail sale or lease, whether such sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether such sale or lease is made apart from or as an incident to the seller's engaging in a service occupation and the applicable tax is a Service Occupation Tax or Service Use Tax, rather than Retailers' Occupation Tax or Use Tax.
[May 18, 2001] 206 (f) The sale or transfer of distillation machinery and equipment, sold as a unit or kit and assembled or installed by the retailer, which machinery and equipment is certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of such user and not subject to sale or resale. (g) At the election of any serviceman not required to be otherwise registered as a retailer under Section 2a of the Retailers' Occupation Tax Act, made for each fiscal year sales of service in which the aggregate annual cost price of tangible personal property transferred as an incident to the sales of service is less than 35% (75% in the case of servicemen transferring prescription drugs or servicemen engaged in graphic arts production) of the aggregate annual total gross receipts from all sales of service. The purchase of such tangible personal property by the serviceman shall be subject to tax under the Retailers' Occupation Tax Act and the Use Tax Act. However, if a primary serviceman who has made the election described in this paragraph subcontracts service work to a secondary serviceman who has also made the election described in this paragraph, the primary serviceman does not incur a Use Tax liability if the secondary serviceman (i) has paid or will pay Use Tax on his or her cost price of any tangible personal property transferred to the primary serviceman and (ii) certifies that fact in writing to the primary serviceman. Tangible personal property transferred incident to the completion of a maintenance agreement is exempt from the tax imposed pursuant to this Act. Exemption (e) also includes machinery and equipment used in the general maintenance or repair of such exempt machinery and equipment or for in-house manufacture of exempt machinery and equipment. For the purposes of exemption (e), each of these terms shall have the following meanings: (1) "manufacturing process" shall mean the production of any article of tangible personal property, whether such article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by procedures commonly regarded as manufacturing, processing, fabricating, or refining which changes some existing material or materials into a material with a different form, use or name. In relation to a recognized integrated business composed of a series of operations which collectively constitute manufacturing, or individually constitute manufacturing operations, the manufacturing process shall be deemed to commence with the first operation or stage of production in the series, and shall not be deemed to end until the completion of the final product in the last operation or stage of production in the series; and further for purposes of exemption (e), photoprocessing is deemed to be a manufacturing process of tangible personal property for wholesale or retail sale; (2) "assembling process" shall mean the production of any article of tangible personal property, whether such article is a finished product or an article for use in the process of manufacturing or assembling a different article of tangible personal property, by the combination of existing materials in a manner commonly regarded as assembling which results in a material of a different form, use or name; (3) "machinery" shall mean major mechanical machines or major components of such machines contributing to a manufacturing or assembling process; and (4) "equipment" shall include any independent device or tool separate from any machinery but essential to an integrated manufacturing or assembly process; including computers used primarily in a manufacuturer's
207 [May 18, 2001] The purchaser of such machinery and equipment who has an active resale registration number shall furnish such number to the seller at the time of purchase. The purchaser of such machinery and equipment and tools without an active resale registration number shall furnish to the seller a certificate of exemption for each transaction stating facts establishing the exemption for that transaction, which certificate shall be available to the Department for inspection or audit. The rolling stock exemption applies to rolling stock used by an interstate carrier for hire, even just between points in Illinois, if such rolling stock transports, for hire, persons whose journeys or property whose shipments originate or terminate outside Illinois. Any informal rulings, opinions or letters issued by the Department in response to an inquiry or request for any opinion from any person regarding the coverage and applicability of exemption (e) to specific devices shall be published, maintained as a public record, and made available for public inspection and copying. If the informal ruling, opinion or letter contains trade secrets or other confidential information, where possible the Department shall delete such information prior to publication. Whenever such informal rulings, opinions, or letters contain any policy of general applicability, the Department shall formulate and adopt such policy as a rule in accordance with the provisions of the Illinois Administrative Procedure Act. On and after July 1, 1987, no entity otherwise eligible under exemption (c) of this Section shall make tax free purchases unless it has an active exemption identification number issued by the Department. "Serviceman" means any person who is engaged in the occupation of making sales of service. "Sale at Retail" means "sale at retail" as defined in the Retailers' Occupation Tax Act. "Supplier" means any person who makes sales of tangible personal property to servicemen for the purpose of resale as an incident to a sale of service. (Source: P.A. 91-51, eff. 6-30-99.) (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5) Sec. 3-5. Exemptions. The following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property sold by a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by any not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (5) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order or purchased for lease, certified by the purchaser to be used primarily for graphic arts production. Equipment includes chemicals or chemicals acting as catalysts but only if the chemicals or chemicals acting as catalysts effect a direct and immediate change upon a graphic arts product.
[May 18, 2001] 208 (6) Personal property sold by a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (7) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (7). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (7) is exempt from the provisions of Section 3-55. (8) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (9) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (10) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (11) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (12) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (13) Food for human consumption that is to be consumed off the
209 [May 18, 2001] premises where it is sold (other than alcoholic beverages, soft drinks and food that has been prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, when purchased for use by a person receiving medical assistance under Article 5 of the Illinois Public Aid Code who resides in a licensed long-term care facility, as defined in the Nursing Home Care Act. (14) Semen used for artificial insemination of livestock for direct agricultural production. (15) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (16) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients sold to a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time of the purchase, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (17) Personal property sold to a lessor who leases the property, under a lease of one year or longer executed or in effect at the time of the purchase, to a governmental body that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. (18) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (19) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (20) Beginning July 1, 1999, game or game birds sold at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-55. (21)
[May 18, 2001] 210 individuals to follow a trade or to pursue a manual, technical, mechanical, industrial, business, or commercial occupation. (22)
211 [May 18, 2001] Sec. 2-3.51. Reading Improvement Block Grant Program. To improve the reading and study skills of children from kindergarten through sixth grade in school districts. The State Board of Education is authorized to administer a Reading Improvement Block Grant Program. As used in this Section:
[May 18, 2001] 212 research and best practices with proven long-term results, (ii) provide ongoing training for teachers and other staff members in the program, (iii) focus instruction on strengthening a student's phonics, fluency, and comprehension skills in grades 3 through 6, (iv) provide a means to evaluate and document student growth, and (v) provide properly trained staff
213 [May 18, 2001] passage of a bill of the following title to-wit: HOUSE BILL 3576 A bill for AN ACT concerning clerks of courts. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3576. Senate Amendment No. 2 to HOUSE BILL NO. 3576. Senate Amendment No. 3 to HOUSE BILL NO. 3576. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3576 on page 1, by replacing line 5 with the following: "changing Sections 27.1 and 27.3 as follows:"; and on page 10, below line 30, by inserting the following: "(705 ILCS 105/27.3) (from Ch. 25, par. 27.3) Sec. 27.3. Compensation. (a) The county board shall provide the compensation of Clerks of the Circuit Court, and the amount necessary for clerk hire, stationery, fuel and other expenses. Beginning December 1, 1989, the compensation per annum for Clerks of the Circuit Court shall be as follows: In counties where the population is: Less than 14,000...................... at least $13,500 14,001-30,000......................... at least $14,500 30,001-60,000......................... at least $15,000 60,001-100,000........................ at least $15,000 100,001-200,000....................... at least $16,500 200,001-300,000....................... at least $18,000 300,001- 3,000,000.................... at least $20,000 Over 3,000,000........................ at least $55,000 (b) In counties in which the population is 3,000,000 or less, "base salary" is the compensation paid for each Clerk of the Circuit Court, respectively, before July 1, 1989. (c) The Clerks of the Circuit Court, in counties in which the population is 3,000,000 or less, shall be compensated as follows: (1) Beginning December 1, 1989, base salary plus at least 3% of base salary. (2) Beginning December 1, 1990, base salary plus at least 6% of base salary. (3) Beginning December 1, 1991, base salary plus at least 9% of base salary. (4) Beginning December 1, 1992, base salary plus at least 12% of base salary. (d) In addition to the compensation provided by the county board, each Clerk of the Circuit Court shall receive an award from the State for the additional duties imposed by Sections 5-9-1 and 5-9-1.2 of the Unified Code of Corrections, Section 10 of the Violent Crime Victims Assistance Act, Section 16-104a of the Illinois Vehicle Code, and other laws, in the following amount: (1) $3,500 per year before January 1, 1997. (2) $4,500 per year beginning January 1, 1997. (3) $5,500 per year beginning January 1, 1998. (4) $6,500 per year beginning January 1, 1999. The total amount required for such awards shall be appropriated each year by the General Assembly to the Supreme Court, which shall
[May 18, 2001] 214 distribute such awards in annual lump sum payments to the Clerks of the Circuit Court in all counties. This annual award, and any other award or stipend paid out of State funds to the Clerks of the Circuit Court, shall not affect any other compensation provided by law to be paid to Clerks of the Circuit Court. (e) Also in addition to the compensation provided by the county board, Clerks of the Circuit Court in counties in which one or more State correctional institutions are located shall receive a minimum reimbursement in the amount of $2,500
215 [May 18, 2001] (iii) the local governmental entity fully discloses the amount of the fee to the cardholder. (Source: P.A. 90-518, eff. 8-22-97.)". AMENDMENT NO. 3. Amend House Bill 3576, AS AMENDED, with reference to page and line numbers of Senate amendment 2, on page 1, by replacing line 4 with the following: "AN ACT concerning local governments."; and The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 3576 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2392 A bill for AN ACT concerning conveyances. 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. 2392. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2392 on page 1, line 13, by inserting "or instrument of conveyance" after "deed"; and on page 1, line 14, by inserting "in the deed or instrument of conveyance" after "description"; and on page 1, by replacing lines 15 through 31 with the following: "the grantor shall provide one of the following: (1) proof that a proper application for division which requests division of property, a portion of which would result in a permanent index number or numbers that represent the legal description found in the deed or instrument of conveyance, has been filed with the county assessor; (2) a recorded plat of subdivision that would result in the issuance of a permanent index number or numbers as described in subdivision (1); or (3) a recorded condominium declaration that would result in the issuance of a permanent index number or numbers as described in subdivision (1). If the grantor fails to provide the grantee with either a permanent index number or numbers that represent the legal description found in the deed or instrument of conveyance or one of the documents listed in subdivision (1), (2), or (3), the grantor shall be personally liable to the grantee for taxes pursuant to Section 1-145 of the Property Tax Code and attorney's fees. The grantor's liability shall continue to accrue until the permanent index number or numbers that represent the legal description found in the deed or instrument of conveyance or one of the documents listed in subdivision (1), (2), or (3) is delivered to the grantee. The grantor's failure to provide the permanent index number or numbers shall not invalidate the deed or instrument of conveyance. A receipt from the county assessor confirming that a proper application has been filed and that it meets the requirements set by
[May 18, 2001] 216 the county assessor shall be deemed to be evidence of proper application for division.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2392 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2419 A bill for AN ACT concerning insurance. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2419. Senate Amendment No. 2 to HOUSE BILL NO. 2419. Senate Amendment No. 3 to HOUSE BILL NO. 2419. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2419 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Insurance Code is amended by adding Section 155.37 as follows: (215 ILCS 5/155.37 new) Sec. 155.37. Use of credit reports in connection with certain polices. (a) This Section applies to policies of insurance defined in subsections (a), (b), and (c) of Section 143.13, except that this Section does not apply to those personal lines policies defined in subsection (c) of Section 143.13 that could be classified under clause (g) or (i) of Class 2 of Section 4 or to policies of insurance subject to Article IX 1/2. (b) An insurance company authorized to do business in this State may not refuse to issue or renew a policy of insurance solely on the basis of a credit report. An offer by an insurance company to write a policy through an insurer that is an affiliate, as defined in Section 131.1 of this Code, other than an affiliate that specializes in substandard risks, with continuous coverage does not constitute a refusal to issue a policy or a nonrenewal within the meaning of this Section. "Credit report" means a collection of data regarding a consumer's credit history, credit capacity, or credit worthiness that has been assembled or evaluated by a consumer reporting agency as defined in 15 USC 1681a(f). (c) If a credit report is used in conjunction with other criteria to underwrite an application or renewal of a policy of insurance, it may not include or be based upon the race, income, gender, religion, or national origin of the applicant or insured. (d) If a credit report is used in conjunction with other criteria to refuse to issue or renew a policy of insurance, upon request by the applicant or policyholder, the insurer must provide the applicant or policyholder with the primary and specific credit information and
217 [May 18, 2001] underwriting reasons included in the decision including the name, address, and telephone number of the consumer reporting agency, as defined in 15 USC 1681a(f), that provided the information. Section 99. Effective date. This Act takes effect January 1, 2002.". AMENDMENT NO. 2. Amend House Bill 2419, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1 by replacing lines 21 and 22 with the following: "Code, with continuous coverage does not constitute a refusal". AMENDMENT NO. 3. Amend House Bill 2419, AS AMENDED, with reference to page and line numbers of House Amendment No.1, on page 2 by replacing lines 11 through 20 with the following: "(d) If a credit report is used in conjunction with other criteria to refuse to issue or renew a policy of insurance, the insurer shall provide the applicant or policyholder with a notice of the underwriting action taken. For purposes of this Section, compliance with the notification requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., shall be considered to be compliance with this Section. Section 99. Effective date. This Act takes effect on October 1, 2001.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2419 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2595 A bill for AN ACT in relation to the regulation of professions. 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. 2595. Passed the Senate, as amended, May 18, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2595 on page 1, line 5, after "12" by inserting ", 16, 17,"; and on page 2, before line 2, by inserting the following: "(225 ILCS 80/16) (from Ch. 111, par. 3916) Sec. 16. Renewal, reinstatement or restoration of licenses; military service. The expiration date and renewal period for each license and certificate issued under this Act shall be set by rule. All renewal applicants shall provide proof of having met the requirements of continuing education set forth in the rules of the Department. The Department shall, by rule, provide for an orderly process for the reinstatement of licenses which have not been renewed due to failure to meet the continuing education requirements. The continuing education requirement may be waived in cases of extreme hardship as defined by rules of the Department. The Department shall establish by rule a means for the verification
[May 18, 2001] 218 of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by registrants; by requiring the filing of continuing education certificates with the Department; or by other means established by the Department. Any optometrist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored and by paying the required fees. Such proof of fitness may include evidence certifying to active lawful practice in another jurisdiction and must include proof of the completion of the continuing education requirements specified in the rules for the preceding license renewal period for the applicant's level of certification that has been completed during the 2 years prior to the application for license restoration. The Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of his or her license and shall establish procedures and requirements for such restoration. However, any optometrist whose license expired while he or she was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal fees if within 2 years after honorable termination of such service, training, or education, he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated. (Source: P.A. 89-702, eff. 7-1-97.) (225 ILCS 80/17) (from Ch. 111, par. 3917) Sec. 17. Inactive status. Any optometrist who notifies the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall be excused from payment of renewal fees until he or she notifies the Department in writing of his intent to restore his or her license. Any optometrist requesting restoration from inactive status shall be required to pay the current renewal fee, to provide proof of completion of the continuing education requirements specified in the rules for the preceding license renewal period for the applicant's level of certification that has been completed during the 2 years prior to the application for restoration, and
219 [May 18, 2001] Concurred in the Senate, May 18, 2001. Jim Harry, Secretary of the Senate CHANGE OF SPONSORSHIP Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Rutherford asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1640. Representative Daniels asked and obtained unanimous consent to be removed as chief sponsor and Representative Black asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1623. AGREED RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 311 Offered by Representative O'Connor: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dr. Charles A. Klingsporn is retiring from his duties as Superintendent of Riverside Brookfield Township High School at the end of the 2001 school year; and WHEREAS, Dr. Charles A. Klingsporn received his bachelor's degree in Physical Education and Biology at Northern Illinois University in 1960 and his master's degree in Commercial Teaching at the University of Illinois at Champaign in 1967 and took accounting classes at Northwestern University in 1964 and received his Ph.D. in Administration and Policy Studies at Northwestern University in 1984; and WHEREAS, Dr. Charles A. Klingsporn began his teaching career at Community Consolidated School District 59 from 1960 through 1964 as a Junior High Physical Education teacher; from 1965 through 1969, he served as a business education teacher at Glenbrook South High School; from 1969 through 1971 he served as a Programmer-Analyst at Evanston High School; from 1971 through 1975 he served as the Director of Computer Services at New Trier High School; from 1976 through 1980 he served as the Administrative Assistant to the Superintendent at New Trier High School; from 1980 through 1985 he served as the Director of Administration at New Trier High School; from 1988 through 1990 he served as Adjunct Professor at National Louis University; from 1985 through 1991 he served as Associate Superintendent at New Trier High School; from 1990 to the present day he has served as Adjunct Professor in the School Business Management Program at Northern Illinois University; and from 1991 through 2001 he has served as Superintendent at Riverside Brookfield High School; thus serving as an educator for a total of forty years; and WHEREAS, Dr. Klingsporn has been affiliated with many professional memberships including the American Association of School Administrators, the Illinois Association of School Administrators, the Illinois Association of School Business Officials, and the American Education Finance Association; he has also served as chair of the Ed Red Finance Committee in 1990 and 1991, as member of the Ed Red Executive Committee from 1994 through 1995, and has served on the Resource Cost Model Committee for the Illinois State Board of Education from 1983 through 1984; in addition, he has taken part in the Northern Illinois University School Business Management Budgeting presentations; and WHEREAS, Dr. Charles A. Klingsporn will be enjoying his life after
[May 18, 2001] 220 retirement with his wife, Virginia, their children, Christine, Allen, Andrew, and Stephen, and their grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Charles A. Klingsporn on his retirement from his duties as Superintendent of Riverside Brookfield Township High School, and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Charles A. Klingsporn as an expression of our esteem. HOUSE RESOLUTION 312 Offered by Representative Saviano: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Jason Copeland Blonstein is graduating from the United States Military Academy at West Point, New York, on June 2, 2001; and WHEREAS, Jason Copeland Blonstein was selected in the fifth grade to go into a special opportunities program where he took advanced coursework; he continued this route of study through his high school years; in addition he was a member of the gymnastic team in high school; and WHEREAS, In eighth grade, Jason Copeland Blonstein was selected by the People to People program to go to Europe as a student ambassador; he traveled to Washington, D.C., the Pentagon in Geneva, Switzerland, and through France and England; and WHEREAS, After high school, Jason Copeland Blonstein applied to the United States Military Academy, where he is graduating in the top ten percent of his class this year; during his time at the United States Military Academy he served as a qualified Air Assault technician, as a Beast 2 squad leader in his junior year, as Company First Sergeant during the second semester of his junior year, and as Regimental Adjutant in the first semester of his senior year; in addition he earned a Recondo badge and a star-wreath, the highest cadet award for maintaining outstanding academic, military, and physical strength; and WHEREAS, In addition to his studies, Jason Copeland Blonstein is a member of the Jewish Chapel Choir, the ACIC of the Jewish Chapel Choir, the CIC of the Jewish Choir, member of the Arabic Club, and participant in the Student Council in United States Affairs; in addition he is a sponsor of the Special Olympics, member of the Jewish community council at West Point, and was Bar Mitzvah'd in May 2000; and WHEREAS, After graduation, Jason Copeland Blonstein will receive advanced military training and then will be stationed in Germany for three years to become a ranger as a sign of respect and love for his country; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Jason Copeland Blonstein on his June 2, 2001 graduation from the United States Military Academy at West Point, New York, and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Jason Copeland Blonstein as an expression of our esteem. HOUSE RESOLUTION 313 Offered by Representative Johnson: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that George Strecker is retiring from a thirty-five year teaching career at Community High School District 94 in West Chicago on June 7, 2001; and WHEREAS, George Strecker, a resident of St. Charles, Illinois, grew up in the East St. Louis area; he graduated from Illinois State
221 [May 18, 2001] University with his bachelor's degree in 1963 and his master's degree in 1976; he began his teaching career in Kankakee, Illinois; and WHEREAS, George Strecker began his tenure at Community High School in West Chicago in 1966; during his career he served as a basketball coach, student council advisor, association president, social studies department chair, and interdisciplinary department head; and WHEREAS, Throughout his career, George Strecker has established a standard of educational excellence that has influenced both his students and colleagues; he has a reputation throughout the community as a man of integrity, both personally and professionally; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate George Strecker on his retirement from a thirty-five year teaching career at Community High School District 94 in West Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to George Strecker as an expression of our esteem. HOUSE RESOLUTION 314 Offered by Representative Currie: WHEREAS, The John Howard Association was founded in Chicago in 1901 for the purpose of prison and jail reform and was named for John Howard, the High Sheriff of Bedford County, England; and WHEREAS, Since 1901, the John Howard Association has served the State of Illinois as the State's premier prison watchdog, monitoring, and advocacy organization; and WHEREAS, The John Howard Association is recognized nationally as one of the oldest and most respected voluntary, non-profit prison reform groups; and WHEREAS, The John Howard Association has worked with State, county and municipal governments throughout the State of Illinois in advancing humane and effective jails, prisons, lock-ups, and juvenile detention centers; and WHEREAS, The John Howard Association has advocated in the General Assembly for improved policies, practices, and programs regarding sentencing, alternatives to incarceration, and a variety of program services for residents of correctional facilities; and WHEREAS, The John Howard Association, since its inception, has been led by a diverse group of dedicated volunteer Board members; and WHEREAS, The John Howard Association, has served on a variety of gubernatorial appointed boards and commissions; and WHEREAS, The John Howard Association has participated in and provided leadership to the Legislative Task Force on Released Offenders; and WHEREAS, The John Howard Association, on behalf of the citizens of Illinois, closely monitors the expenditure of tax dollars on correctional facilities; and WHEREAS, The John Howard Association, as a member of the United Way of Metropolitan Chicago, is supported by private dollars from individuals, foundations and corporations; and WHEREAS, The John Howard Association is celebrating its 100th Anniversary of service to the State of Illinois in 2001; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate members of the John Howard Association, express our sincere appreciation for the association's community service over the years, and wish its continued success in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to the officers of the John Howard Association. HOUSE RESOLUTION 316 Offered by Representative Righter:
[May 18, 2001] 222 WHEREAS, The members of the Illinois House of Representatives are honored to memorialize citizens from the State of Illinois; and WHEREAS, Wayne A. Blakeney joined the Ridge Farm Lions Club in 1946, six years after the club was formed; and WHEREAS, Wayne A. Blakeney served as Ridge Farm Lions Club's first Vice-President, as President, as director for three years, and then as President again in 1995 and 1996; and WHEREAS, Wayne A. Blakeney owned several local businesses, including the Hut Restaurant in the 1940s and the Ridgeway Lanes bowling alley and restaurant from 1960 until he retired in 2000; and WHEREAS, Wayne Blakeney was generous to a fault; a great majority of Ridge Farm's youth worked for him at one time or another; and WHEREAS, On August 18, 2001, the Ridge Farm Lions Club is honoring the memory of Wayne A. Blakeney by naming the community building the "Wayne A. Blakeney Community Center" in honor of his distinguished service to the community of Ridge Farm; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we join with the Ridge Farm Lions Club in honoring the memory of Wayne A. Blakeney of Ridge Farm, Illinois for his distinguished service to his community; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Wayne A. Blakeney as an expression of our esteem. HOUSE RESOLUTION 317 Offered by Representative Righter: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Stanley R. Huffman, M.D. is retiring from his medical practice in Charleston, Illinois on June 30, 2001; and WHEREAS, Stanley R. Huffman, M.D. was born in Lexington, Kentucky; he graduated with high distinction from the University of Kentucky in 1959, where he also served as a member of Phi Beta Kappa Scholastic Fraternity; he earned his medical degree from George Washington University in 1963, where he also served as a member of Alpha Omega Alpha Scholastic Fraternity; in addition, he served an internship, his residency in Internal Medicine, and his fellowship in Gastroenterology at the University of Kentucky Medical Center; and WHEREAS, Dr. Huffman began a private practice at the Houston-McDevitt Clinic in Murray, Kentucky in 1969; he then served as Director of the Coronary Unit at Murray-Calloway County Hospital in Murray, Kentucky, as physician at the Student Health Service and as Associate Professor of Clinical Medicine at the University of Kentucky Medical Center from 1971 through 1979; as Chief of Medical Services at the Sarah Bush Lincoln Health Center in 1980 and as its President in 1983, and serving as physician at his private practice in Charleston, Illinois where he has worked since 1979; and WHEREAS, Dr. Huffman is affiliated with many professional organizations, including the American Society for Gastrointestinal Endoscopy, the American Heart Association, the American Gastroenterological Association, the Coles-Cumberland County Medical Society, the Illinois State Medical Society, and the American Medical Association; he has served in various leadership positions at Sarah Bush Lincoln Health Center including as its past President, Vice-President, Chairman of the Board of Directors, and presently as its attending M.D. and Treasurer; he has also served as an Adjunct Instructor in the College of Physical Education and Recreation at Eastern Illinois University, as Clinical Associate at the University of Illinois College of Medicine in Urbana, and as a board member of the Eastern Illinois University Foundation; and WHEREAS, During his career, Dr. Huffman authored and co-authored articles for "Digestive Diseases" and the "Journal of Laboratory and Clinical Medicine"; and
223 [May 18, 2001] WHEREAS, Dr. Huffman is supported by his loving and very proud family, who include his wife, Maggie, his children, Gary, Daniel, Dana, and David, and his grandchildren; and WHEREAS, Dr. Huffman will spend his retirement with his grandchildren and keep up his active participation in tennis, racket ball, golf and working in the garden; and WHEREAS, Over the years, Dr. Huffman has shown that an individual can successfully adapt to all the progressive medical demands while maintaining the personal qualities necessary of a true "family" physician; he is deeply loved and respected by all who know him, and will be dearly missed; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Stanley R. Huffman, M.D. on his retirement from his Charleston, Illinois medical practice and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Stanley R. Huffman, M.D. as an expression of our esteem. HOUSE RESOLUTION 318 Offered by Representatives May - Mathias: WHEREAS, The members of the Illinois House of Representatives wish to recognize outstanding achievements of a Police Department in the State of Illinois; and WHEREAS, The Buffalo Grove Police Department has continued to lead the State of Illinois in terms of arresting drunk drivers, according to statistics compiled by the Alliance Against Intoxicated Motorists; and WHEREAS, Last year, the Buffalo Grove Police Department made 832 DUI arrests, the most of any municipal department in the State outside of Chicago; and WHEREAS, This is the third consecutive year that the Buffalo Grove Police Department has led the State of Illinois in terms of targeting drunk drivers and enforcing DUI laws; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Buffalo Grove Police Department on leading the State of Illinois for the third consecutive year in successfully arresting drunk drivers; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Buffalo Grove Police Department as an expression of our esteem. HOUSE RESOLUTION 319 Offered by Representative Lang: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize notable citizens of the State of Illinois; and WHEREAS, On Saturday, May 19, 2001, Commissioner Dr. Mildred C. Harris, the Founder, President and CEO of God First Ministries, is hosting the God First Ministries Annual Heavenly Breakfast, an annual celebration which she has hosted since 1972; the annual breakfast, proclaimed as one of Chicago's largest, has grown in support to close to 5,000 since its inception; and WHEREAS, Dr. Mildred C. Harris is a life-long resident of Chicago, Illinois; she is the daughter of the late Dr. and Mrs. Jordan Clopton; she is married to Dr. Herbert C. Harris, a dentist and proprietor of the Chatham/Avalon Medical Center in Chicago; and WHEREAS, Dr. Harris is a retired mentor school teacher and ordained minister; she received a Bachelor of Arts Degree from DePaul University, a Master's Degree in Early Childhood Education from Columbia University, a Master's Degree in Communication Science from Governors State University, a Master's Degree in Pastoral Studies from Loyola University, and a Doctorate in Ministry from the International Bible Institute and Seminary in Plymouth, Florida; and WHEREAS, Dr. Harris was an educator in the Gary, Indiana Public School System for many years; she served as Supervisory Teacher for
[May 18, 2001] 224 students at Indiana University located in Northwest Indiana and Saint Joseph's College in East Chicago, Indiana; she is the former President of the Advisory Board at Kennedy-King College and a former Community Advisor for Northeastern University; and WHEREAS, Dr. Mildred C. Harris is the Founder, President and CEO of God First Ministries, a not-for-profit community-based organization; the ministry began with only a handful of women located in the Chicago area who traveled weekly to different locations to pray for the needs of others; and WHEREAS, Under her leadership, the ministry has steadily grown with chapters in Atlanta, Georgia; Muncie, Indiana; Anderson, Indiana; Gary, Indiana; Michigan City, Indiana; Springfield, Illinois; and Akron, Ohio; these chapters have collectively touched thousands of lives throughout the world; and WHEREAS, God First Ministries has established itself as a bridge builder in the community, bringing together ministers from various denominations, churches and temples in the City of Chicago; it also acts as a bridge within diverse ethnic communities and cultures; and WHEREAS, God First Ministries has provided dedication and service to many hospitals and has supported a variety of organizations throughout Chicago dedicated to helping persons who are experiencing hardships; and WHEREAS, Dr. Harris established the Adopt-a-Senior Building Program, a program that has impacted the lives of over ten thousand senior residents in the Chicago Housing Authority Senior Residences; under Dr. Harris' guidance and fundraising efforts, sitting rooms in over fifty senior buildings throughout Chicago were refurnished; the program won the NAHRO Award in 1997; and WHEREAS, In addition to her involvement with God First Ministries, Dr. Harris has also been involved with many organizations and efforts in the past years, including promoting a citywide organ donation drive in the City of Chicago from 1997 through 1999; she is a member of the Union League Club, a former member of the Board of Directors of Midwestern University, a member of the Chicago, Illinois Links, Inc, the National Society of Fund Raising Executives, Chicago Chapter, an honorary board member of Windows of Opportunity, a member of the Women's Board of the Goodman Theater, a member of the Community Advisory Board of Michael Reese Hospital, a member of the American Society of Composers, Authors and Publishers, a life member of the National Council of Negro Women, a member of Crusaders Church, and an organizer for the March of Jesus from 1995 through 1997; and WHEREAS, On July 7, 1999, Mayor Richard M. Daley appointed Dr. Harris to the Chicago Housing Authority Board as a Commissioner; and WHEREAS, Dr. Harris is featured in the Millennium Edition of Who's Who in the World and was awarded the Woman of the Year 2000 Award by the American Biographical Institute and Board of International Research; she has been awarded the Popular Music Award by the American Society of Composers, Authors and Publishers; and she has been awarded the Dominick's Fresh Spirit Award as one of Chicago's Leading Women Religious Leaders; and WHEREAS, Dr. Harris is the author of three books and many teaching and musical tapes; in addition she has her own television program, "Portraits of an Intercessor", on Cable Channel 25 in Chicago, and she has hosted her own radio programs; and WHEREAS, Dr. Harris has loyally and with great distinction and dedication touched through her ministry the lives of thousands of individuals experiencing hardships in their lives; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor Commissioner Dr. Mildred C. Harris for her ministry efforts to those in need throughout the world and her many other accomplishments; and be it further RESOLVED, That a suitable copy of this resolution be presented to Commissioner Dr. Mildred C. Harris as an expression of our esteem. HOUSE RESOLUTION 320
225 [May 18, 2001] Offered by Representative Lang: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Rabbi Oscar Fasman is the recipient of the Orthodox Union's Lifetime Rabbinic Leadership Award; and WHEREAS, At ninety-three years of age, Rabbi Fasman has recently retired from a lifetime of serving various Jewish communities in the Midwest; he served for ten years in Oklahoma and for sixteen years in Canada; he served as President of the Hebrew Theological College in Chicago for eighteen years; he retired as Rabbi of Congregation Yehuda Moshe in Skokie after thirty-five years of service in that area; and WHEREAS, Rabbi Fasman is the first American-born President of a major Orthodox Rabbinical Seminary in the United States; he is a past President of the Rabbinical Council of America and a past President of Chicago Rabbinical Council, has been awarded a D.D. Honoris Causa of Yeshiva University in 1955, conducted a 1957 retreat of United States Jewish Chaplains in the Far East, holding a twelve day United States Army appointment parallel to the rank of Brigadier General, is a pioneer member of the National Executive Board of religious Zionists of America, served as a Honorary Captain in the Royal Canadian Army, and was Bar Ilan University Chair of Advanced Torah Studies Honor in 1992; and WHEREAS, The Orthodox Union on the West Coast will hold its annual banquet on June 18, 2001, where they will present Rabbi Oscar Fasman with the Orthodox Union Lifetime Rabbinic Leadership Award in honor of his distinguished career in the Rabbinate; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Rabbi Oscar Fasman on being the recipient of the Orthodox Union's Lifetime Rabbinic Leadership Award for his distinguiseh career in the Rabbinate; and be it further RESOLVED, That a suitable copy of this resolution be presented to Rabbi Oscar Fasman as an expression of our esteem. HOUSE RESOLUTION 321 Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Carol Flint has retired from a nearly twenty year career of service as Grant Township Supervisor; and WHEREAS, Carol Flint and her husband moved their family to Hoopeston in 1979; she then went to work at Citizen's Federal Savings and Loan, now Kankakee Federal Savings bank; and WHEREAS, After being persuaded by her neighbor, Carol Flint applied for the position of Grant Township Supervisor; she was officially appointed in August 1982 and has been elected four times; and WHEREAS, As Grant Township Supervisor, Carol Flint served as treasurer for the highway commission monies, and handled the township budgets, levies, and general bookkeeping duties; she also supervised the assistance programs to Grant Township residents who don't qualify or benefit from other welfare programs; and WHEREAS, Carol Flint accomplished much during her tenure, including building a new facility, and establishing fire protection and special ambulance service for rural Grant Township; and WHEREAS, Carol Flint also served as secretary of the Township Supervisors of Illinois board for twelve years; and WHEREAS, Carol Flint's plans for retirement life include traveling with her husband, Chalmers, spending time with her grandchildren, and completing all the things that she has been putting off for the last twenty years; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND
[May 18, 2001] 226 GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Carol Flint on her retirement from a nearly twenty year career of service as Grant Township Supervisor, and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Carol Flint as an expression of our esteem. HOUSE RESOLUTION 322 Offered by Representative Black: WHEREAS, The Illinois House of Representatives is pleased to recognize notable citizens from the State of Illinois; and WHEREAS, Joan and Theo McConnell have been involved in public office in the town of Henning, Illinois since 1957; on the April 3, 2001 ballot it was the first time in nearly sixty years that the McConnell name has not been placed on the ballot; and WHEREAS, The McConnell's have regularly had a hand in village matters, and have been known to volunteer or help in any way that they could; and WHEREAS, Theo McConnell's service with the Village of Henning includes roles such as South Ross Township Clerk from 1957 until 1961, as South Ross Township supervisor from 1961 until 2001, as a member Vermillion County Board from 1961 until 1972, as Henning clerk from 1972 until 1997, and as Henning treasurer from 1997 until 2001; in addition, his wife, Joan, served as Clerk from 1997 until 2001, and his father, Richard J. McConnell, served as Henning trustee from 1941 until 1952, and as Henning clerk from 1952 until 1972; and WHEREAS, Theo McConnell has served under eight mayors, and continues to try to keep the town junk-free; and WHEREAS, The McConnell's will continue to provide their assistance and guidance to the village when its needed, but now are looking forward to spending more time with their large family and traveling; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Joan and Theo McConnell for their many years of service to the village of Henning, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the McConnell's as an expression of our esteem. HOUSE RESOLUTION 323 Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize notable citizens of the State of Illinois; and WHEREAS, It has come to our attention that Arthur "Ted" Horner is stepping down from his duties as Mayor of the City of Watseka, Illinois; and WHEREAS, Ted Horner, a native of Watseka, Illinois, was appointed as 4th Ward Alderman at a special City Council meeting in 1965, which started a thirty-seven year career of service to the city of Watseka; and WHEREAS, Mayor Ernest Mueller appointed Mr. Horner as chairman of the Civil Defense Committee, starting an interest that led to his leadership role in the Emergency Service Disaster Agency; in addition, he served on the insurance, printing and purchasing committees; and WHEREAS, Ted Horner was named as the Director of the County ESDA, a post that helped Iroquois County residents through several severe winters by providing shelter, food, and heat for stranded motorists, as well as alerting county residents of impending storms; and WHEREAS, Ted Horner carefully monitored the use of land in his role as Zoning Administrator and was always on alert for pollution and landfill problems in Iroquois County; and WHEREAS, Ted Horner served the City of Watseka as Finance Chairman where he made sure that the needs of the city were always served; in addition, he served on the County Board where he lended a hand in
227 [May 18, 2001] day-to-day County business; and WHEREAS, With his genial manner, well-known interest in people, and a deep love for the City of Watseka, Ted Horner was elected as Mayor of Watseka; under his leadership, he instituted the T.I.F. District, established a system that monitors police, and enlarged facilities privatizing for economic reasons, improved city services, retained fiscal responsibility, encouraged the formation of a park district, relocating City Hall, and built a new fire station; and WHEREAS, Ted Horner's presence as Mayor of the City of Watseka will be dearly missed by the citizens of Watseka, but his accomplishments during his tenure will be long remembered; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Arthur "Ted" Horner on his dedicated thirty-seven years of service to the City of Watseka, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Arthur "Ted" Horner as an expression of our esteem. HOUSE RESOLUTION 324 Offered by Representatives Krause - Mulligan: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Rosemary S. Argus is retiring from her duties as Commissioner of the Mt. Prospect Park District; and WHEREAS, Rosemary Argus has served the residents of Mt. Prospect as its Commissioner since September 1974; her tenure exceeds that of any other Commissioner in the history of the District; and WHEREAS, During her tenure, Rosemary Argus was instrumental in the acquisition, development, and performance of Friendship Park Conservatory, Big Surf Wave Pool, and RecPlex, the construction of the Greenhouse at Friendship Park Conservatory, the purchase of the "Pop Shop", now known as Studio in the Park, the recent renovation of Countryside, Owen, and Frost parks, the construction of the Veterans Memorial Bandshell, the purchase and renovation of Trade Services, now known as Central Community Center, and the proposed reconstruction of Meadows Pool; and WHEREAS, In addition, Rosemary Argus participated in the pursuit of park land resulting in the development of Einstein, Gregory, Sunset, Busse, and Hill Street parks and the use of United Airlines property; she also played a major role in the establishment of intergovernmental facility use agreements with School District 59, most notably Friendship School; she also witnessed the finalization of the Melas Park Cooperative Agreement and the initial stage of its development and the formalization of the Parks Foundation; she signed the lease for the Metropolitan Water Reclamation District of Greater Chicago O'Hare Cup Site and the Majewski Metro Athletic Complex; and WHEREAS, Under Rosemary Argus's leadership, Mt. Prospect Park District became the recipient of the Certificate of Excellence in Financial Planning; and WHEREAS, Rosemary Argus has held all of the offices on the Board of Commissioner, including serving as President from May 1987 to April 1993; in addition she has served or chaired all of the Board committees; and WHEREAS, Rosemary Argus has represented the residents of the Mt. Prospect Park District with great dedication and commitment during her tenure; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Rosemary S. Argus on her retirement from a near thirty-year career of service as Commissioner of the Mt. Prospect Park District and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Rosemary S. Argus as an expression of our esteem.
[May 18, 2001] 228 HOUSE RESOLUTION 325 Offered by Representatives Kruase-Mulligan: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that Des Plaines Lodge No. 1526 is celebrating its 75th anniversary this year; and WHEREAS, The Des Plaines Elks Lodge has been an ever present organization not only in the Des Plaines community, but throughout its surrounding communities; and WHEREAS, The Des Plaines Lodge is a Benevolent Organization who serve and assist the youth of the area, veterans, Veteran's Hospitals, and disabled children; and WHEREAS, Other activities that the Des Plaines Lodge No. 1526 are involved with include organizing and running food drives, mentoring school children in math and reading, sponsoring Scout troops and Youth Baseball Teams in the area, and participating in many other needy causes; and WHEREAS, In addition, the Des Plaines Lodge No. 1526 participate in the July 4th Des Plaines Parade, and honor two high school students per month for their scholastic achievement and community involvement; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Des Plaines Lodge No. 1526 on the celebration of seventy-five years of humanitarian service to Des Plaines, Illinois and its surrounding communities; and be it further RESOLVED, That a suitable copy of this resolution be presented to the members of Des Plaines Lodge No. 1526 as an expression of our esteem. HOUSE RESOLUTION 327 Offered by Representative Slone: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Philip Jose Farmer received the the Science Fiction Writers of American's Highest Award, "The Grand Master for 2001" on April 28, 2001; and WHEREAS, Beginning with his first publication, "The Lovers" in 1952, Philip Jose Farmer has explored human relationships and dimensions in science fiction; and WHEREAS, Philip Jose Farmer's works have inspired generations of writers; his seventy plus books have been published in twenty-two languages and in forty-one countries; and WHEREAS, Philip Jose Farmer's Riverworld book series is currently in development as a television series for the SCI-FI Channel; Mr. Farmer is acting as both director and executive producer; and WHEREAS, In honor Philip Jose Farmer's prestigious award, the Friends of Peoria Public Library will host a Writers Live "Living Legend Reception" on May 19, 2001; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Philip Jose Farmer on receiving the Science Fiction Writers of American's Highest Award, "The Grand Master for 2001"; and be it further RESOLVED, That a suitable copy of this resolution be presented to Philip Jose Farmer as an expression of our esteem. HOUSE RESOLUTION 328 Offered by Representative O'Brien: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built, and a marriage that has achieved a notable longevity is truly a model for the people of the State of
229 [May 18, 2001] Illinois; and WHEREAS, It has come to our attention that Mr. and Mrs. John Heavens of Coal City, Illinois, are celebrating the fiftieth anniversary of their marriage; and WHEREAS, Frances Irene Calhoon and John Francis Heavens were united in holy matrimony on May 26, 1951 at St. Mary's Assumption Church in Coal City, Illinois; and WHEREAS, They are the loving parents of Cathy (husband, Gary) Born and Pam Heavens; and the grandparents of Zachary John Born; and WHEREAS, John and Frances Heavens will celebrate their fiftieth wedding anniversary surrounded by family and friends at the Berst Center in Coal City, Illinois on May 26, 2001; and WHEREAS, The respect for marriage reaches one of its highest plateaus when a couple such as John and Frances Heavens celebrate their golden wedding anniversary; and WHEREAS, John and Frances Heavens stand as examples of the best of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate John and Frances Heavens on the occasion of their fiftieth wedding anniversary; that we commend them for achieving a long and happy marriage, blessed with children and grandchildren and rich in friendships; and that we wish them happiness and good health in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to them as an expression of our respect and esteem. HOUSE RESOLUTION 329 Offered by Representative Madigan: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of former Illinois State Senator Frank Savickas, who passed away on May 14, 2001; and WHEREAS, Senator Frank Savickas was the first member of Lithuanian extraction to be elected to the House of Representatives where he served from 1967 through 1971 and the Senate where he served from 1971 through 1992; and WHEREAS, Senator Frank Savickas grew up on the Southwest Side of Chicago in a heavily Lithuanian community; he attended Wilson College and once ran for United States Congress in the early 1980s; he also served as a Merchant Marine; and WHEREAS, Senator Frank Savickas rose through the ranks to become chairman of the Senate Labor Committee and as assistant majority leader; he was also a committeeman in Chicago's 15th Ward; and WHEREAS, Senator Frank Savickas was also appointed by Mayor Richard M. Daley to a leadership position at Midway Airport; and WHEREAS, Senator Frank Savickas was known in the House and Senate as a champion of the causes of senior citizens and the handicapped and disabled; Senator Savickas is considered the father of the legislation which gave the disabled the right to be educated; and WHEREAS, In addition, Senator Frank Savickas was known as a champion for the working class and was the primary sponsor of legislation that increased criminal penalties for crimes against the elderly in the mid 1980s; and WHEREAS, The passing of Senator Frank Savickas will be deeply felt by all who knew and loved him, especially his wife, Pam; his children, Michael, Linda, Sharon, Margaret, Angela, and Bianca; and his many friends and colleagues in the Illinois General Assembly; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of former State Senator Frank Savickas of
[May 18, 2001] 230 Venice, Florida; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of former State Senator Frank Savickas with our sincere condolences. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 315 Offered by Representative Black: WHEREAS, Motor fuel prices in Illinois have reached an all-time high; and WHEREAS, The petroleum industry has predicted that gas prices will top $3 per gallon this summer; and WHEREAS, Illinois Congressman Tim Johnson is the chief co-sponsor of HR 1575 (the Freedom from Unfair Energy Levy Act or FUEL Act), which would amend the Internal Revenue Code of 1986 to suspend all federal motor fuel taxes for 6 months and would permanently repeal the 4.3 cents per gallon increase in federal motor fuel taxes that was enacted in 1993; and WHEREAS, HR 1575 would give Americans immediate relief at the gas pump during this time of surging prices for motor fuel; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Congress of the United States of America to pass HR 1575 to provide relief for the citizens of the United States from the burden imposed by the high price of motor fuel; and be it further RESOLVED, That suitable copies of this resolution be delivered to the President pro tempore of the U.S. Senate, the Speaker of the U.S. House of Representatives, and each of the other members of the Illinois congressional delegation. HOUSE RESOLUTION 326 Offered by Representative Giles: WHEREAS, There are 149,760 Illinois youth, ranging from 16 to 21 years of age, who are high school dropouts according to a recent study by the Center for Labor Market Studies at Northeastern University; and WHEREAS, This study outlines that in Illinois, of the 149,760 youth who are high school dropouts, 74,500 are White, 43,000 are Hispanic, 29,500 are Black, and 2,760 are listed as other; and WHEREAS, In the Chicago area there are 100,626 youth, ranging between 16 and 21 years of age, who have dropped out of school; of this population, 41,726 are Hispanic, 33,408 are White, 23,266 are Black, and 2,226 are listed as other; and WHEREAS, In Chicago there are 49,437 youth who have dropped out of school, ranging from 16 to 21 years of age, of this population 26,381 are Hispanic, 17,375 are Black, 4,715 are White, and 966 are listed as other; and WHEREAS, The vast majority of Chicago area and downstate Illinois high school dropouts come from lower income areas; and WHEREAS, Illinois employers are experiencing shortages of skilled workers and high school dropouts that could provide the needed addition to the workforce needs of the Illinois economy and Illinois business; and WHEREAS, Eighty percent of prison inmates are high school dropouts and as such high school dropouts can pose a problem in terms of crime and public safety to the general public in their communities and neighborhoods; and WHEREAS, High school dropouts earn $342,000 less over their lifetime than people who have a high school diploma; and WHEREAS, The benefit to Illinois taxpayers is $312,000 over the
231 [May 18, 2001] life time of a high school dropout who returns to school and completes a high school diploma in terms of increased earnings as well as reduced social costs including prison, welfare, mental health, etc.; and WHEREAS, There is a significant research and program experience to draw on and utilize to develop successful programs to re-enroll, teach, and graduate dropouts from high schools; and WHEREAS, A Statewide Legislative Task Force would be a way to examine and develop ways to address this issue of youth who have dropped out of school; and WHEREAS, The purpose of this Statewide Legislative Task Force would be to examine policies, programs, and other issues related to developing a variety of successful approaches utilizing best program practices to re-enroll, teach, and graduate high school dropouts; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that a ten member legislative task force, composed of five Democrat members appointed by the Speaker of the House of Representatives and five Republican members appointed by the Minority Leader of the House of Representatives, examine policies, programs, and other issues related to developing a variety of successful approaches to re-enroll, teach, and graduate high school dropouts and in doing so improve community safety and the Illinois economy; and be it further RESOLVED, The Statewide Legislative Task Force shall have duties that include conducting a series of public hearings throughout the State to discuss the impact of high school dropouts on various regions of the State, completing a review of dropout data that allows for a comparison of Illinois rates both nationally and with other states in the region, and producing a final report with recommendations on how to address the challenge of students dropping out of school; and be it further RESOLVED, The Task Force shall report its findings no later than January 10, 2002; and be it further RESOLVED, Upon presenting its final report, the Task Force shall be dissolved. HOUSE JOINT RESOLUTION 41 Offered by Representative Novak: WHEREAS, Throughout history brave Americans have shed their blood during wars and conflicts to preserve, protect, and defend the foundation of the principles of democracy and freedom; and WHEREAS, Many of those that have served have been the brave men and women of the State of Illinois; and WHEREAS, In every military conflict and national time of need since 1818, the brave men and women of the State of Illinois have risen to the cause of defending democracy; and WHEREAS, These brave men and women often left behind family, friends, farms, and business, and often many of them were to never return, making the ultimate sacrifice for their country; and WHEREAS, With the signing of the Armistice ending the "War to End All Wars", WWI on November 11th 1918, the veterans of Illinois were given a holiday of solemn remembrance and thanks from their countrymen which later came to be known as Veteran's Day; and WHEREAS, The people of the great State of Illinois wish to thank those numerous veterans for their sacrifices and service; therefore, be it WHEREAS, Throughout history brave Americans have shed their blood during was and conflicts to preserve, protect, and defend the foundation of the principles of democracy and freedom, and hundreds of thousands have paid the ultimate sacrifice to ensure that future generations enjoy life's liberties; and WHEREAS, On August 7, 1782, General George Washington established the Military Badge of Merit, which on February 22, 1932 became the present and now the oldest military decoration in the world, the Purple Heart medal; and
[May 18, 2001] 232 WHEREAS, The Purple Heart medal is awarded to all military personnel who are killed or wounded in action against the enemy; and WHEREAS, E.J. "Zeke" Giorgi was first elected to the House of Representatives in 1964, and he served in that position until his passing in 1993; and WHEREAS, From his first term through his service as "Dean of the House", Zeke Giorgi served the people of this State with great distinction, and he is remembered by his colleagues on both sides of the aisle for providing invaluable guidance and leadership on many important issues; and WHEREAS, During all the years that Zeke Giorgi served in the House, he drove between Springfield and his Rockford legislative district on U.S. Highway 51 and was a strong advocate for Route 51 improvements, which were completed on several stages; and WHEREAS, Following the completion of improvements to U.S. Route 51, the highway was designated as Interstate Highway 39; and WHEREAS, Interstate Highway 39 provides an essential transportation corridor between Rockford and Bloomington and other parts of Central Illinois; and WHEREAS, We wish to permanently commemorate Zeke Giogi's essential role in creating this critically needed highway and his abiding impact on the lives of the people of Illinois; and WHEREAS, Thomas William Davenport was a licensed civil engineer with the Illinois Department of Transportation; on April 16, 1992, he was killed by a drunk driver north of his home in Chatham, Illinois; and WHEREAS, Thomas Davenport was a son, brother, husband, and a father; and WHEREAS, Thomas Davenport, working with the Illinois Department of Transportation, assisted with the building of the bridge on South Chatham Road that crosses Interstate 72 and Illinois Route 36; and WHEREAS, The bridge is located on South Chatham Road in Springfield, Illinois, and is used as an overpass for Interstate 72 and Illinois Route 36; and WHEREAS, The members of the House were saddened to learn of the death of Mayor Ken Hayes of Bradley; and WHEREAS, He was elected mayor in 1981 and was re-elected in 1985, 1989, 1993, and 1997; and WHEREAS, He was born in Limestone Township on August 30, 1924, the son of Patrick and Catherine Hayes; the family moved to Bradley when he was three months old, and until his death he lived in the house that his father bought; and WHEREAS, He attended St. Joseph's Grammar School and Bradley-Boubonnais Community High School; he served in the United States Army's 83rd Division, 331st Infantry, Company L during World War II; he won the Silver Star, the Bronze Star with clusters for meritorious service, a Good Conduct medal, the European Theatre of Operations medal for five campaigns, and the Croix de Guerre for service to France; and WHEREAS, When he returned from war, Ken Hayes became a precinct captain and then a committeeman; he was elected vice-chairman of the Democratic Central Committee in Kankakee County in 1966 and served in that role until 1972; when he was elected central committee chairman; and WHEREAS, When he arrived home from the Army, he worked in the pipefitter's union local until he had a heart attack in 1963, which led him to quit his trade; he went to work inspecting seed for the Illinois Department of Agriculture and later worked for then Secretary of State Alan Dixon; and WHEREAS, He went to work for the Illinois Secretary of State and retired with a disability pension after a heart bypass operation in 1978; and WHEREAS, He was the founder of the Area Jobs Development Association, active in scouting, golfing, the Bradley Lions, and a life member of the Bradley V.F.W.; and WHEREAS, Under Mayor Hayes' strong leadership, the Village of
233 [May 18, 2001] Bradley experienced unprecedented commercial and retail growth amounting to large increases in sales tax revenue to Bradley; and WHEREAS, He was a member of the Loyal Order of the Moose Lodge of Bradley, one of the vice presidents of the Illinois Municipal League, and a member of the Mayors Association; and WHEREAS, Much of the commercial growth and development that Kenneth P. Hayes worked for occurred along Illinois Route 50; and WHEREAS, Senator John W. Maitland, Jr., was born in Normal, Illinois on July 29, 1936, to John and Elsa Maitland; and WHEREAS, Senator Maitland is a graduate of Normal Community High School and Illinois State University, and served in the United States Marine Corps; and Senator Maitland married his wife Joanne Sieg and together they have three children, Jody Ann, Johnny, and Jay, and six grandchildren; and WHEREAS, Senator Maitland entered the General Assembly in 1979 and sat on committee of Agriculture; Appropriations; Conservation and Energy; and Executive; and WHEREAS, Senator Maitland is currently the Assistant Majority Leader and Chairman of the Illinois Growth Task Force; and WHEREAS, Senator Maitland has spent the past twenty-two years of service dedicated to his constituents and has continued his efforts to make his district a thriving community; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that Interstate 74, traversing through the heart of Illinois is designated as the Veterans Memorial Parkway, in honor of the veterans of the State of Illinois; and be it further RESOLVED, That the Department of Transportation is requested to erect appropriate plaques along this route in recognition of the Veterans Memorial Parkway; and be it further RESOLVED, that Interstate 72, traversing through the heart of Illinois, be designated as the commemorative "Purple Heart Memorial Highway", to pay tribute to the many thousands of Illinois residents who have been awarded the Purple Heart medal; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, an appropriate plaque or signs giving notice of the name; and be it further RESOLVED, That the portion of Interstate Highway 39 commencing at its point of orgin in Winnebago County and ending with its intersection with Interstate Route 88 be designated the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That the Department of Transportation is requested to erect appropriate plaques or signs giving notice to the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That we urge the bridge on South Chatham Road, spanning Interstate 72 and Illinois Route 36, be named the Thomas William Davenport Memorial Bridge; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect, at a suitable location consistent with State and federal regulations, an appropriate plaque or signs giving notice of the name; and be it further RESOLVED, That Illinois Route 50 in Bradley, Illinois, from North Street to Larry Power Road, is designated as the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED, That the Illinois Department of Transportation is directed to erect, at suitable locations consistent with State regulations, appropriate plaques or signs giving notice of the renaming of Illinois Route 50 in Bradley, Illinois, from North Street to Larry Power Road, as the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED, That the portion of Interstate 55 lying between milemarker 157 and milemarker 167, be designated as the Maitland Bypass; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, an appropriate plaque or signs giving notice of
[May 18, 2001] 234 the name; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Secretary of U.S. Department of Transportation; the Secretary of the Illinois Department of Transportation; the family of E.J. "Zeke" Giorgi; the family of Thomas William Davenport; the family of Mayor Ken Hayes; and the family of Senator John W. Maitland, Jr. HOUSE JOINT RESOLUTION 42 Offered by Representative Righter: WHEREAS, The General Assembly supports a newborn screening program that tests for certain inborn disorders that can result in early mortality or a lifelong disability if left undetected; and WHEREAS, These detectable disorders include metabolic disorders, hematologic disorders, and endocrinopathies that account for approximately 3,000 new cases of potentially fatal or debilitating diseases each year for which outcomes are improved with early identification and treatment through newborn screening systems; and WHEREAS, A recent national report released in August 2000 by the federal Health Resources and Services Administration and the American Academy of Pediatrics found that state newborn screening systems need to be both modernized and standardized; and WHEREAS, Every state requires newborns be tested for phenylketonuria (PKU) and hypothyroidism, but state screening programs may test anywhere from the required 2 diseases up to a total of 35 diseases; and WHEREAS, The development of new technology known as tandem mass spectrometry allows infants to be tested for 30 diseases or more at a cost of $25 or less; and WHEREAS, The District of Columbia, Maine, Massachusetts, North Carolina, Rhode Island, and Wisconsin all currently utilize tandem mass spectrometry in their state newborn screening programs; and WHEREAS, Illinois currently requires screening for 6 disorders, including biotinidase deficiency, congenital adrenal hyperplasia, congenital hypothyroidism, galactosemia, phenylketonuria (PKU), and sickle cell disease; and WHEREAS, Illinois recently purchased 2 tandem mass spectrometers and is currently conducting pilot studies, while the Genetic and Metabolic Diseases Advisory Committee is working on developing follow-up recommendations for expanding the State's Newborn Screening Program; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we urge the Director of Public Health and the Administrator of the Newborn Screening Program to take appropriate action in disseminating information to the parents and family members of newborns regarding all of the inborn disorders that may be detected through newborn screening; and be it further RESOLVED, That this information shall include details regarding the symptoms of each disorder, the health implications if these disorders are left untreated, and the treatment that is available for each of these disorders; and be it further RESOLVED, That the General Assembly commends the Illinois Department of Public Health for its Newborn Screening Program and encourages the Department to continue with the tandem mass spectrometry pilot studies; and be it further RESOLVED, That the General Assembly urges the Genetic and Metabolic Diseases Advisory Committee to give full consideration to expanding the list of disorders included under the State's Newborn Screening Program; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Director of Public Health, the Administrator of the Newborn Screening Program, and the members of the Genetic and Metabolic Diseases Advisory Committee.
235 [May 18, 2001] At the hour of 4:05 o'clock p.m., Representative Poe moved that the House do now adjourn until Monday, May 21, 2001, at 4:00 o'clock p.m. The motion prevailed. And the House stood adjourned.