STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
127TH LEGISLATIVE DAY
THURSDAY, MAY 2, 2002
11:00 O'CLOCK A.M.
NO. 127
[May 2, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 127th Legislative Day Action Page(s) Adjournment........................................ 36 Committee on Rules Referrals....................... 5 Correctional Budget & Impact Note Requested........ 6 Fiscal Note Requested.............................. 5 Fiscal Note Supplied............................... 5 Fiscal Note Withdrawn.............................. 5 Home Rule Note Requested........................... 6 Introduction and First Reading - HB6284-6284....... 9 Judicial Impact Note Requested..................... 6 Letter of Transmittal.............................. 3 Quorum Roll Call................................... 3 State Debt Impact Note Requested................... 6 Temporary Committee Assignments.................... 3 Bill Number Legislative Action Page(s) HB 4371 Motion Submitted................................... 5 HB 4563 Committee Report................................... 5 HJR 0075 Resolution......................................... 11 HJR 0076 Resolution......................................... 11 HR 0772 Adoption........................................... 34 HR 0772 Committee Report................................... 5 HR 0847 Adoption........................................... 34 HR 0848 Adoption........................................... 34 HR 0851 Adoption........................................... 34 HR 0853 Adoption........................................... 34 HR 0855 Adoption........................................... 34 HR 0857 Resolution......................................... 9 HR 0858 Adoption........................................... 34 HR 0858 Agreed Resolution.................................. 6 HR 0859 Adoption........................................... 34 HR 0859 Agreed Resolution.................................. 7 HR 0860 Adoption........................................... 34 HR 0860 Agreed Resolution.................................. 7 HR 0861 Adoption........................................... 34 HR 0861 Agreed Resolution.................................. 8 HR 0864 Adoption........................................... 34 HR 0864 Agreed Resolution.................................. 9 HR 0865 Resolution......................................... 10 SB 1666 Second Reading - Amendment/s....................... 34 SB 1907 Second Reading - Amendment/s....................... 13 SB 1982 Second Reading - Amendment/s....................... 31 SB 2081 Second Reading - Amendment/s....................... 16 SB 2081 Third Reading...................................... 31 SB 2160 Third Reading...................................... 34 SB 2235 Second Reading - Amendment/s....................... 33 SB 2241 Second Reading..................................... 34
3 [May 2, 2002] The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Reverend Duane Ambrose of the Caseyville United Methodist Church in Caseyville, Illinois. Representative Lawfer led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Monique Davis, Murphy and O'Brien were excused from attendance. REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Black, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Rutherford, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Winkel, should be recorded as present. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Scully replaced Representative Brosnahan in the Committee on Constitutional Officers on April 30, 2002. Representative Forby replaced Representative Osterman in the Committee on Transportation & Motor Vehicles on May 1, 2002. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 2, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I am extending the Third Reading Deadline until Friday, May 17, 2002 for the following House Bill: House Bill: 4563 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours,
[May 2, 2002] 4 s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 2, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I am extending the Committee and Third Reading Deadline until Friday, May 17, 2002 for the following Senate Bills: Senate Bills: 2130, 2192, 2215, 2294 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House HOUSE BILLS 2130, 2192, 2215 and 2294. GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 2, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I am extending the Third Reading Deadline until Friday, May 17, 2002 for the Bills listed on the attached User File 0999 - titled "2002 SBs - 3rd Reading Deadline Extended 5/17/02". If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House SENATE BILLS 1540, 1542, 1545, 1552, 1556, 1565, 1573, 1577, 1583, 1588, 1609, 1622, 1623, 1627, 1635, 1637, 1641, 1649, 1650, 1657, 1666, 1689, 1690, 1697, 1701, 1704, 1710, 1721, 1732, 1756, 1760, 1761, 1777, 1795, 1798, 1809, 1814, 1820, 1839, 1849, 1851, 1859, 1880, 1907, 1917,
5 [May 2, 2002] 1924, 1927, 1930, 1932, 1934, 1936, 1949, 1953, 1966, 1968, 1975, 1976, 1978, 1982, 1983, 1999, 2001, 2017, 2018, 2022, 2023, 2024, 2030, 2037, 2049, 2050, 2052, 2067, 2068, 2069, 2098, 2117, 2118, 2132, 2149, 2155, 2164, 2185, 2188, 2189, 2197, 2198, 2201, 2204, 2205, 2209, 2210, 2211, 2212, 2214, 2216, 2223, 2224, 2225, 2226, 2227, 2232, 2235, 2241, 2245, 2269, 2271, 2312 and 2323. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 772. That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Short Debate: HOUSE BILL 4563. The committee roll call vote on the foregoing Legislative Measure is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Lang) N Cross N Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Elementary & Secondary Education: HOUSE JOINT RESOLUTION 76. Committee on State Government Administration: HOUSE RESOLUTION 527. MOTIONS SUBMITTED Representative Lang submitted the following written motion, which was referred to the Committee on Rules: MOTION I move to concur with Senate Amendment No. 1 to HOUSE BILL 4371. REQUEST FOR FISCAL NOTE Representative Tenhouse requested that a Fiscal Note be supplied for HOUSE BILL 4563, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 2081, as amended. FISCAL NOTE WITHDRAWN Representative Cross withdrew his request for a Fiscal Note on SENATE BILL 1982.
[May 2, 2002] 6 REQUEST FOR STATE DEBT IMPACT NOTE Representative Tenhouse requested that a State Debt Impact Note be supplied for HOUSE BILL 4563, as amended. REQUEST FOR JUDICIAL IMPACT NOTE Representative Tenhouse requested that a Judicial Impact Note be supplied for HOUSE BILL 4563, as amended. REQUEST FOR HOME RULE NOTE Representative Tenhouse requested that a Home Rule Note be supplied for HOUSE BILL 4563, as amended. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Tenhouse requested that a Correctional Budget & Impact Note be supplied for HOUSE BILL 4563, as amended. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 858 Offered by Representatives Parke - Biggins - Bellock - Marquardt: WHEREAS, Deputy Chief William R. Cavalier, a thirty-two year veteran of the Oak Brook Police Department, will be retiring on Friday, April 26, 2002; and WHEREAS, Born and raised in the Chicago area, William Cavalier actively served in the United States Army from 1962 to 1964 and was honorably discharged; from 1964 to 1966 he served as an Army Reservist; and WHEREAS, In August of 1970, William Cavalier began his law enforcement career with the Village of Oak Brook and received his basic police training at Northern Illinois University; from 1970 to 1985, he was assigned as a patrol officer in the Patrol Division; in 1982, he was assigned as a Detective in the Investigation Unit, where he was responsible for following up on criminal incidents; from 1984 to 1987, William Cavalier was selected to serve as the police department's first Crime Prevention/Police-Community Relations Officer, where he developed and implemented numerous programs for the community and school children; he also served as the public information/media officer; and WHEREAS, In 1987, William Cavalier was promoted to the rank of Sergeant and returned to the field division where he served as Shift Commander and supervised patrol officers; from 1989 to 1992, he was assigned as the Detective Sergeant in the Investigations Unit and oversaw all Investigative cases and supervised the Unit; in 1992, Sergeant Cavalier was assigned as the Sergeant/Supervisor of the police department's Communications and Records Division; in 1994, he was selected to serve as the police department's first Accreditation Manager, where he was responsible for writing and revising department policy, operational procedures and rules and regulations; the Oak Brook Police Department was nationally recognized as an accredited law enforcement agency in May of 1997; and WHEREAS, In October of 1997, William Cavalier was promoted to the rank of Lieutenant and was assigned to the Support Services Division; his responsibilities included overseeing the Investigations Unit, Crime Prevention Unit, Department Training, Accreditation, and the Records Division; and
7 [May 2, 2002] WHEREAS, In January of 2000, William Cavalier was appointed to serve as the first Deputy Chief for the department; his responsibilities included overseeing the daily activities of the department, supervision of the departments two Lieutenants, assuming all department duties in the absence of the Chief of Police, and developing and overseeing the department's budget along with the goals and objectives; and WHEREAS, William Cavalier earned a Master of Arts in Public Administration from Northern Illinois University, a Bachelor of Arts in Urban Studies and Political Science from Elmhurst College, and an Associate of Arts in Police Science and Administration from the College of DuPage; throughout his career, he has attended numerous police training courses, including the School of Staff and Command at Northwestern University; in addition, he is a graduate of the Illinois State Law Enforcement Executive Management Program from Western University; and WHEREAS, William Cavalier and his wife Marilyn have been married for 35 years, and they have three grown children; daughter, Lisa and husband Tony; daughter, Dina and husband Tom, and son, Billy and wife Lisa; he also enjoys spending many hours with his two grandchildren, Jessica and Nicholas; and WHEREAS, Deputy Chief Cavalier has made many life long friends due to his genuine regard and compassion for all the people he has touched through his professional and personal life; and WHEREAS, The men and women of the Oak Brook Police Department will miss Deputy Chief William Cavalier greatly and wish him only the best in his retirement; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Deputy Chief William Cavalier on his retirement after a 32-year career with the Oak Brook Police Department, 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 Deputy Chief William Cavalier as an expression of our esteem. HOUSE RESOLUTION 859 Offered by Representative Schmidtz: 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 Chief Jerry Stevens is retiring from the Aurora Fire Department on May 24, 2002; and WHEREAS, Chief Stevens has been with the Aurora Fire Department for the past 36 years; he began his career as a firefighter on May 24, 1966; he was promoted to the rank of Lieutenant on October 7, 1978, as Captain on April 1, 1984, as Assistant Chief on May 20, 1990, and finally as Chief on July 31, 1993; and WHEREAS, Chief Stevens was named "Firefighter of the Year" by the Exchange Club of Aurora in 1971; and WHEREAS, Chief Stevens is supported by his loving and very proud family including his wife Jacqueline and his children Vicki and Joe; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Chief Jerry Stevens on his retirement after 36 years of service with the Aurora Fire Department; and be it further RESOLVED, That a suitable copy of this resolution be presented to Chief Jerry Stevens as an expression of our esteem. HOUSE RESOLUTION 860 Offered by Representative Burke - Morrow: WHEREAS, The members of the Illinois House of Representatives are pleased to congratulate Justice Anne M. Burke of Chicago, an Appellate Court Judge, for the creation of the Special Olympics; and
[May 2, 2002] 8 WHEREAS, In 1965, Justice Burke (then Anne McGlone) was a physical education teacher who worked in a summer program for the Chicago Park District and was actively involved in developing programs with the Park District for mentally handicapped children; and WHEREAS, Justice Anne Burke experienced great results working with children with mental handicaps at West Pullman Park; by 1967, there were 10 locations throughout the Chicagoland area with 150 children participating in free summer programs sponsored by the Chicago Park District; she knew there was a greatly underserved population who could benefit from the Special Olympics, and parents needed to be shown what their children were capable of accomplishing through sports and recreation; and WHEREAS, Along with other passionate women and men who were in love with the dream of what their services could do for others, Justice Burke brought the first Special Olympic Games to Chicago's Soldier Field on July 20, 1968, with the help of a $25,000 grant from the Joseph P. Kennedy Jr. Foundation; and WHEREAS, The Chicago Special Olympics in 1968 were a tremendous success, attracting 1,000 athletes from 26 states and Canada; the city of Chicago, the Chicago Park District the Kennedy Foundation, and a legion of volunteers rolled out the red carpet for the athletes who competed in track and field events and aquatics; athletes of similar ability levels competed against one another and were recognized for their accomplishments; and WHEREAS, Today, the Special Olympics serve more than one million persons with mental handicaps in over 160 countries, a number expected to double by the year 2005; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Justice Anne Burke for her selflessness and dedication to those citizens who suffer mental handicaps, and for her founding of the Special Olympics; and be it further RESOLVED, That a suitable copy of this resolution be presented to Justice Anne M. Burke as an expression of our esteem. HOUSE RESOLUTION 861 Offered by Representative Bellock - Eileen Lyons - Meyer: WHEREAS, The members of the Illinois House of Representatives wish to recognize notable achievements in high school sports; and WHEREAS, On Saturday, November 24, 2001, the Downers Grove South High Mustangs won their first State Class 8A Boys Football Championship in Champaign; and WHEREAS, The Mustangs defeated number one ranked Naperville Central by a score of 34 to 31 before a crowd of 10,509; and WHEREAS, The game-winning seven-yard touchdown pass was made with 38 seconds remaining on the clock; and WHEREAS, Naperville Central's last possession resulted in an interception by the Mustangs with 23 seconds left; and WHEREAS, On the road to Champaign, the Mustangs defeated Belleville East High School by a score of 48 to 14, Fremd High School by a score of 48 to 27, Sandburg High School by a score of 31 to 14, and Maine South High School by a score of 35 to 34 in overtime; and WHEREAS, After starting the season with a record of one win and two losses, the Mustangs won 11 games in a row including an overtime defeat of 2000 State Champion Maine South; and WHEREAS, The Chicago Tribune proclaimed, "The Underdogs are Top Dogs!"; and WHEREAS, The Mustang's head coach is John Belskis and assistant coaches are David Burton, Brett Chilar, Terry Kent, Paul Maggiore, Terry McCombs, Jack McInerney, Tony Nevrly, and Mark Wiggins; and WHEREAS, The members of the team include Pat Sathissarat, Mike Sharp, Mike Cuzzone, Khyam Masud, Kitt Kopach, Mitch Szczepaniak, Joe Wesley, Josh Wieties, Phil Lampugnano, Matt Smogor, Tom Christoff, Dustin Szczepaniak, Bob Dreveny, Kris Coffee, Josh Pasquesi, Fred Dudek, Erik Newman, Steve Meiners, Kevin Amoo, Bob Nakielny, Isiah
9 [May 2, 2002] Johnson, Kent Hughes, Dan Williams, Brandon Grunnet, Andrew Geocaris, T. J. Fuller, Kyle Pott, Adam Marchewka, Brett Vollmar, Josh Jernigan, Daryll Hammond, Pat Bailey, Dan Murphy, Phil Bridges, Sam Carson, Jake Martin, Alex Schultz, Sal Deluca, Joe Enzbigilis, Pat Laporta, Bob Curran, Josh Poynton, Dave Rupe, Dominic Logan, Nick Ballestra, Brian Worrasange, Adam Mugnaini, Jim Schmidt, Jeff Miller, Dan O'Dell, Jeff Viano, Jim Loehman, Joe Horeni, Harry Petrakos, Charlie Wilkinson, Jim Kucera, Justin Wesley, Joe Denk, Mike Johnson, Dru Filkins, Martin O'Donnell, Barry Barretto, Kevin Gage, Paul Niznik, Mark Skiba, Adam Lester, Chris Polinski, Jim Loszach, Dan Ozga, Kent Richard, Greg Wagner, Josh Panozzo, Troy Michalek, Marc Piscitiello, Adam Herzog, Terence Pirtle, Nate Arndt, Germaine Clifton, and Josh Blazek; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Downers Grove South High School Football Team on winning their first State Class 8A Boys Football Championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to John Belskis, the head coach of the Mustangs, assistant coaches, David Burton, Brett Chilar, Terry Kent, Paul Maggiore, Terry McCombs, Jack McInerney, Tony Nevrly, and Mark Wiggins, and to each member of the Mustang team as an expression of our esteem. HOUSE RESOLUTION 864 Offered by Representative Meyer: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the history of organizations in the State of Illinois; and WHEREAS, It has come to our attention that the Lemont chapter of the Lions Club is celebrating its 40th anniversary on May 11, 2002; and WHEREAS, The Lemont Lions Club was formed on June 7, 1962 and chartered on October 28, 1962; and WHEREAS, Since 1962, the Lemont Lions Club has served the residents of Lemont through hard work and commitment to make a difference in the lives of people everywhere; they have provided moneys annually to open pantries, provided exams, eyeglasses, and hearing aids to the needy, sponsored DARE programs annually with coloring books, donated funds towards signs in Lemont, created a shelter in General Frys landing, and participated in Canal Cleanup Day, Heritage Fest, Keepataw Days, St. Patrick's Day, and the Classic Car Rally; and WHEREAS, The Lemont Lions Club has provided assistance to victims of house fires, accidents, and illness, and offered cleanup services and assistance to residents affected by tornado damage in 1976 and 1991; in addition, the Lions Club sponsors little league teams, donates annually to the girl and boy scouts, and provides scholarships to area high schools; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Lemont Lions Club on the celebration of its 40th anniversary of service to the residents of Lemont; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Lemont Lions Club as an expression of our esteem. INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 6284. Introduced by Representatives Mulligan - Krause - Coulson - Bellock - Tenhouse, Bassi, Kurtz, Eileen Lyons and Mathias, a bill for AN ACT concerning State finance. RESOLUTIONS
[May 2, 2002] 10 The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 857 Offered by Representative Franks: WHEREAS, Millions of people all over the world have participated in TV-Turnoff Week since it began in 1995; children and adults, rich and poor - people from every background and all walks of life - take part through schools, churches, or community groups, as families or individuals; and WHEREAS, According to Nielsen Media Research, 98 percent of U.S. households have at least one television set, which is turned on an average of seven hours, 40 minutes daily; and WHEREAS, Forty percent of Americans frequently or always watch television during dinner; and WHEREAS, On average, children in the U.S. will spend more time in front of the television (1,023 hours) than in school this year (900 hours); and WHEREAS, According to the U.S. Department of Education, 73 percent of parents would like to limit their children's television-watching; and WHEREAS, Turning off the television gives us a chance to think, read, create, and do; to connect with our families and engage in our communities; and WHEREAS, TV-Turnoff Week is supported by over 70 national organizations including the American Medical Association, the American Academy of Pediatrics, the National Education Association, and the President's Council on Physical Fitness and Sports; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we designate the fourth week of April as Illinois TV-Turnoff Week; and be it further RESOLVED, That we encourage all citizens of Illinois to find alternatives to watching television during this week. HOUSE RESOLUTION 865 Offered by Representative Feigenholtz: WHEREAS, Approximately 100,000 Illinoisans qualify for Medicaid only by first spending down their monthly income on medical bills to the Medicaid eligibility level (currently $608 per month for a single adult and $822 per month for a married couple); and WHEREAS, The process of verifying that these Illinoisans have spent down their monthly income on medical bills to the Medicaid eligibility level is often cumbersome and time-consuming for both recipients and local office staff of the Department of Human Services; and WHEREAS, Federal law permits the Department of Public Aid to give Illinoisans enrolled in Medicaid spenddown the option of pre-paying their spenddown amount in a manner similar to a monthly insurance premium; and WHEREAS, Having the option of pre-paying their Medicaid spenddown amount is likely to benefit many Illinoisans on Medicaid spenddown, who would then be able to receive a Medicaid card each month without delay and without having to present bills and receipts to their local Department of Human Services office each month; and WHEREAS, Several states have established successful Medicaid spenddown pre-payment programs; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Department of Public Aid is directed to: (1) Conduct a study of the feasibility of establishing a Medicaid spenddown pre-payment program in Illinois, including, but not limited to, (i) an analysis of spenddown pre-payment programs in other states, (ii) an estimate of the number of Illinoisans who would be eligible to participate in a spenddown pre-payment program, (iii) the projected number of eligible individuals who are likely to participate in a
11 [May 2, 2002] spenddown pre-payment program, (iv) an analysis of how Medicaid spenddown recipients may or may not benefit from a spenddown pre-payment program, (v) a description of administrative and policy changes that would be necessary to implement a spenddown pre-payment program, and (vi) projected cost increases and cost savings that would result from the implementation of a spenddown pre-payment program; (2) Collaborate with the Department of Human Services, advocates for Medicaid spenddown recipients, and other interested parties in designing and conducting the feasibility study; and (3) File a written report with the House of Representatives on or before December 31, 2002, regarding the feasibility of implementing a Medicaid spenddown pre-payment program in Illinois; and be it further RESOLVED, That the Department of Human Services shall cooperate in executing the requirements of this Resolution; and be it further RESOLVED, That a copy of this Resolution be sent to the Director of Public Aid and to the Secretary of Human Services. HOUSE JOINT RESOLUTION 75 Offered by Representative Curry: WHEREAS, Section 3 of Article VIII of the Constitution of the State of Illinois provides that the General Assembly, by a vote of three-fifths of the members elected to each house, shall appoint an Auditor General; and WHEREAS, The General Assembly has, by Section 2-3 of the Illinois State Auditing Act, charged the Legislative Audit Commission with the responsibility of diligently searching out qualified candidates for the office and making recommendations to the General Assembly, and, pursuant to this statutory mandate, the Legislative Audit Commission has conducted a diligent search and has recommended to the General Assembly the appointment of William G. Holland of Springfield, Illinois, as Auditor General; 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 pursuant to Section 3 of Article VIII of the Constitution and upon the recommendation of the Legislative Audit Commission, William G. Holland of Springfield, Illinois, is appointed Auditor General for the State of Illinois for a term commencing on August 1, 2002. HOUSE JOINT RESOLUTION 76 Offered by Representative Curry: WHEREAS, The United States Congress has passed and the President of the United States has signed into law the federal No Child Left Behind Act of 2001, Public Law 107-110, in an attempt by the federal government to require states to set high academic standards to further ensure outstanding public school performance; and WHEREAS, Public Law 107-110 requires State compliance and alignment of State standards in regards to student testing to meet the federal student-testing requirements to qualify for federal education dollars; and WHEREAS, The State Board of Education is or will be required to submit implementation plans to ensure compliance with Public Law 107-110 regarding student testing; and WHEREAS, The State Board of Education is or will be required to submit documentation regarding the progress made to ensure compliance with Public Law 107-110's student-testing requirements; and WHEREAS, The General Assembly, working with educators, community groups, and private sector interests, has passed into law many similar student-testing requirements over the course of the past decade, which have been and are being implemented throughout the State of Illinois; and WHEREAS, It is the intention of the General Assembly to align current State student testing programs with Public Law 107-110 in ways that continue the progress being made to make Illinois' good public
[May 2, 2002] 12 schools even better and to do so in a deliberate, thoughtful, and common-sense fashion respecting the appropriate State roles and responsibilities and those of local school boards, administrators, teachers, school employees, parents, and their respective local partners; 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 all Illinois Standards Achievement Test and Prairie State Achievement Examination subject-area testing that exceeds Public Law 107-110's requirements be eliminated beginning with the 2002-03 school year; and be it further RESOLVED, That Illinois will comply with Public Law 107-110 by implementing, beginning with the 2002-03 school year, testing of students in the subject areas of reading and mathematics once in grades 3-5, 6-9, and 10-12; and be it further RESOLVED, That Illinois will comply with Public Law 107-110 in the 2005-06 school year when Public Law 107-110 increases requirements by requiring annual testing of reading and mathematics in grades 3-8 and once in grades 10-12; and be it further RESOLVED, That Illinois will comply with Public Law 107-110 in the 2007-2008 school year when Public Law 107-110 increases requirements by requiring testing of science once in grades 3-5, 6-9, and 10-12; and be it further RESOLVED, That the State Assessment System Policy and Implementation Task Force be immediately established to develop the procedures needed to implement an approved, nationally recognized, referenced test that meets the requirements of Public Law 107-110 and to take any actions necessary to ensure that the assessment system, including tests, administration, reporting, and professional development, is of high quality and educationally useful and understandable; and be it further RESOLVED, That the task force shall be comprised of 25 representatives as follows: one member of the Senate appointed by the President of the Senate and one member of the Senate appointed by the Minority Leader of the Senate; one member of the House of Representatives appointed by the Speaker of the House and one member of the House of Representatives appointed by the Minority Leader of the House; 8 teachers, with 4 appointed by Illinois Education Association and 4 appointed by the Illinois Federation of Teachers; 6 persons appointed by the Illinois Statewide School Management Alliance; 4 business representatives, with one each appointed by the Illinois State Chamber of Commerce, Illinois Manufacturers' Association, Illinois Retail Merchants Association, and Illinois Business Roundtable; the State Superintendent of Education or his or her designee; the Deputy Governor of Workforce and Education; and one professor appointed by the Board of Higher Education and employed in an assessment research position; and be it further RESOLVED, That the task force shall select 2 members to serve as co-chairs at its initial meeting, shall meet at the call of the chairs, and shall have duties that include conducting a series of public hearings during the summer and fall of 2002 for the purpose of understanding the student testing required by Public Law 107-110; and be it further RESOLVED, That the task force shall submit an initial report on its findings and recommendations to the General Assembly on December 15, 2002, with a final report and recommendations submitted to the General Assembly on March 15, 2003; and that upon filing its final report the task force is dissolved; and be it further RESOLVED, That the timelines for implementation of Public Law 107-110 and policy options to be determined by the State Board of Education in meeting the requirements of Public Law 107-110 shall come before the General Assembly by May 14, 2002; and be it further RESOLVED, That the State Board of Education, being a regulatory body ultimately accountable to the citizens of Illinois through the elected members of the General Assembly, shall not adopt any rules pertaining to the implementation of Public Law 107-110 prior to the
13 [May 2, 2002] final report of the task force; and be it further RESOLVED, That suitable copies of this resolution be delivered to the State Superintendent of Education, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Governor, the Illinois Education Association, the Illinois Federation of Teachers, the Illinois Principals Association, the Illinois Association of School Administrators, the Illinois Association of School Business Officials, the Illinois Association of School Boards, the Illinois State Chamber of Commerce, the Illinois Manufacturers' Association, the Illinois Retail Merchants Association, the Illinois Business Roundtable, and the Board of Higher Education. SENATE BILLS ON SECOND READING SENATE BILL 1907. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1907 AMENDMENT NO. 1. Amend Senate Bill 1907 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 13B-50 as follows: (625 ILCS 5/13B-50) Sec. 13B-50. Costs. (a) Except as otherwise provided in subsection (e) of Section 13B-15, no fee may
[May 2, 2002] 14 60140, 60142, 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, and 60554; those parts of Kendall County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 60447, 60512, 60536, 60537, 60541, those parts of 60543 that are not within the census defined urbanized area, 60545, and 60560; those parts of McHenry County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60142, 60152, and 60180; those parts of Will County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 60401, 60407, 60408, 60410, 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935 and 60950; those parts of Madison County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 62067, 62074, 62088, 62097, 62249, 62275, and 62281; those parts of Monroe County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 62244, 62248, 62256, 62261, 62276, 62278, 62279, 62295, and 62298; and those parts of St. Clair County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1994: 62224, 62243, 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 62278, 62282, 62285, 62289, and 62298. "Board" means the Illinois Pollution Control Board. "Claim evaluation center" means an automotive diagnostic facility that meets the standards prescribed by the Agency for performing examinations of vehicle emissions inspection damage claims. "Contractor" means the vehicle emissions test contractor for Official Inspection Stations described in Section 13B-45. "Inspection area" means Cook County, DuPage County, Lake County and those portions of Kane, Kendall, Madison, McHenry, Monroe, Will, and St. Clair Counties included in the definition of "affected counties". "Owner" means the registered owner of the vehicle, as indicated on the vehicle's registration. In the case of an unregistered vehicle, "owner" has the meaning set forth in Section 1-155 of this Code. "Program" means the vehicle emission inspection program established under this Chapter. "Resident" includes natural persons, foreign and domestic corporations, partnerships, associations, and all other commercial and governmental entities. For the purpose of determining residence, the owner of a vehicle shall be presumed to reside at the address indicated on the vehicle's registration. A governmental entity, including the federal government and its agencies, and any unit of local government or school district, any part of which is located within an affected county, shall be deemed a resident of an affected county for the purpose of any vehicle that is owned by the governmental entity and regularly operated in an affected county. "Registration" of a vehicle means its registration under Article IV of Chapter 3 of this Code. (Source: P.A. 90-89, eff. 1-1-98.) (625 ILCS 5/13B-40) Sec. 13B-40. Grievance and damage claim requirements and procedures. (a) Emissions inspection and waiver denial grievance procedures
15 [May 2, 2002] upon and the legal and technical issues decided by the Agency in making its determination, and may also include an order directing the inspector (i) to issue an emission inspection certificate for the vehicle effective on such date as the Agency may specify, (ii) to reinspect the vehicle, (iii) to apply the standards that the Agency has determined to be applicable, or (iv) to take any other action that the Agency deems to be appropriate. In conducting the investigation, the Agency may require the petitioner to present the vehicle for inspection by the Agency or its designated agent. The written determination of the Agency shall be subject to review in circuit court in accordance with the provisions of the Administrative Review Law, except that no challenge to the validity of a rule adopted by the Board under subsection (a) of Section 13B-20 shall be heard by the circuit court if the challenge could have been raised in a timely petition for review under Section 13B-20. (b) Vehicle damage claim requirements and procedures. (1) The contractor shall make vehicle damage claim forms authorized by the Agency available for vehicle owners in sufficient quantities at all official inspection stations. (2) Notice of the vehicle damage claim procedures and the vehicle owner's rights in relation to a vehicle damage claim shall be conspicuously posted at all official inspection stations. (3) If a vehicle owner believes that his or her vehicle was damaged by an act or omission of the contractor during or as a result of an emissions inspection performed on or after August 1, 2002, the owner may initiate resolution of the damage claim under this subsection by complying with the following: (A) Within 30 days of the date of the vehicle emissions inspection that allegedly caused the vehicle damage, the vehicle owner shall submit a vehicle damage claim to the contractor at the Official Inspection Station at which the vehicle damage allegedly occurred. (B) Within 30 days of filing the claim, the owner shall submit to the contractor any relevant information relating to the owner's claim for vehicle damage, including but not limited to evaluations conducted by a claims evaluation center or automotive repair shop meeting standards prescribed by the Agency. (4) The contractor shall promptly notify the Agency of each vehicle damage claim received by the contractor under subdivision (b)(3) and shall forward to the Agency any additional information provided by the owner. (5) Within 60 days after the filing of a vehicle damage claim, the contractor shall notify the vehicle owner of its proposed resolution of the damage claim. (6) Within 30 days after receiving the contractor's proposed resolution of the damage claim, the owner may petition the Agency for a review of the adequacy and completeness of the contractor's proposed resolution. The petition shall be in a form specified by the Agency. (7) Upon receiving a petition for review, the Agency shall request the contractor to deliver to the Agency a copy of the contractor's proposed resolution of the damage claim, together with all documents, videotapes, and information relevant to the damage claim and the proposed resolution. The contractor shall provide the requested materials to the Agency within 15 days of receiving the Agency's request. (8) Within 30 days after receiving the relevant materials from the contractor, the Agency shall review the materials and determine whether the contractor's proposed resolution of the damage claim is adequate and complete. The Agency may deem the proposed resolution of the damage claim to be adequate and complete. If the Agency does not deem the proposed resolution of the damage claim to be adequate and complete, it may request the contractor to further investigate and evaluate the damage claim and resubmit its proposed resolution of the claim. The contractor
[May 2, 2002] 16 shall then have 30 days to respond in writing to the Agency with the results of its further evaluation of the damage claim and its proposed resolution. (9) The Agency shall notify the vehicle owner in writing of the result of its review of the adequacy and completeness of the contractor's proposed resolution of the damage claim. Copies of all correspondence between the Agency and the contractor relating to the damage claim shall also be sent to the vehicle owner. (10) If, after the Agency's review, the vehicle owner still does not agree with all or a portion of the proposed resolution of the damage claim by the contractor, the vehicle owner may further pursue the damage claim through the binding arbitration process established by the contractor and accepted by the Agency, or in circuit court. (11) The Agency's review of the adequacy and completeness of the contractor's proposed resolution of a damage claim is not binding upon the vehicle owner or the contractor and does not affect the rights of the vehicle owner or the contractor under law. The Agency's review of the adequacy and completeness of the contractor's proposed resolution of a damage claim is not a final action subject to administrative review and is not subject to review by the Pollution Control Board or otherwise appealable. (Source: P.A. 88-533.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 2081. Having been read by title a second time on May 1, 2002, and held on the order of Second Reading, the same was again taken up. Representative Novak offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO SENATE BILL 2081 AMENDMENT NO. 5. Amend Senate Bill 2081, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by changing Sections 9-220, 16-102, and 16-111 and adding Section 16-111.3 as follows: (220 ILCS 5/9-220) (from Ch. 111 2/3, par. 9-220) Sec. 9-220. Rate changes based on changes in fuel costs. (a) Notwithstanding the provisions of Section 9-201, the Commission may authorize the increase or decrease of rates and charges based upon changes in the cost of fuel used in the generation or production of electric power, changes in the cost of purchased power, or changes in the cost of purchased gas through the application of fuel adjustment clauses or purchased gas adjustment clauses. The Commission may also authorize the increase or decrease of rates and charges based upon expenditures or revenues resulting from the purchase or sale of emission allowances created under the federal Clean Air Act Amendments of 1990, through such fuel adjustment clauses, as a cost of fuel. For the purposes of this paragraph, cost of fuel used in the generation or production of electric power shall include the amount of any fees paid by the utility for the implementation and operation of a process for the desulfurization of the flue gas when burning high sulfur coal at any location within the State of Illinois irrespective of the attainment status designation of such location; but shall not include transportation costs of coal (i) except to the extent that for
17 [May 2, 2002] contracts entered into on and after the effective date of this amendatory Act of 1997, the cost of the coal, including transportation costs, constitutes the lowest cost for adequate and reliable fuel supply reasonably available to the public utility in comparison to the cost, including transportation costs, of other adequate and reliable sources of fuel supply reasonably available to the public utility, or (ii) except as otherwise provided in the next 3 sentences of this paragraph. Such costs of fuel shall, when requested by a utility or at the conclusion of the utility's next general electric rate proceeding, whichever shall first occur, include transportation costs of coal purchased under existing coal purchase contracts. For purposes of this paragraph "existing coal purchase contracts" means contracts for the purchase of coal in effect on the effective date of this amendatory Act of 1991, as such contracts may thereafter be amended, but only to the extent that any such amendment does not increase the aggregate quantity of coal to be purchased under such contract. Nothing herein shall authorize an electric utility to recover through its fuel adjustment clause any amounts of transportation costs of coal that were included in the revenue requirement used to set base rates in its most recent general rate proceeding. Cost shall be based upon uniformly applied accounting principles. Annually, the Commission shall initiate public hearings to determine whether the clauses reflect actual costs of fuel, gas, power, or coal transportation purchased to determine whether such purchases were prudent, and to reconcile any amounts collected with the actual costs of fuel, power, gas, or coal transportation prudently purchased. In each such proceeding, the burden of proof shall be upon the utility to establish the prudence of its cost of fuel, power, gas, or coal transportation purchases and costs. The Commission shall issue its final order in each such annual proceeding for an electric utility by December 31 of the year immediately following the year to which the proceeding pertains, provided, that the Commission shall issue its final order with respect to such annual proceeding for the years 1996 and earlier by December 31, 1998. (b) A public utility providing electric service, other than a public utility described in subsections (e) or (f) of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that eliminate the public utility's fuel adjustment clause and adjust the public utility's base rate tariffs by the amount necessary for the base fuel component of the base rates to recover the public utility's average fuel and power supply costs per kilowatt-hour for the 2 most recent years for which the Commission has issued final orders in annual proceedings pursuant to subsection (a), where the average fuel and power supply costs per kilowatt-hour shall be calculated as the sum of the public utility's prudent and allowable fuel and power supply costs as found by the Commission in the 2 proceedings divided by the public utility's actual jurisdictional kilowatt-hour sales for those 2 years. Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified, the proposed tariff sheets within 60 days after the date of the public utility's filing. The Commission may modify the public utility's proposed tariff sheets only to the extent the Commission finds necessary to achieve conformance to the requirements of this subsection (b). During the 5 years following the date of the Commission's order, but in any event no earlier than January 1, 2007
[May 2, 2002] 18 of this Section, may at any time during the mandatory transition period file with the Commission proposed tariff sheets that establish the rate per kilowatt-hour to be applied pursuant to the public utility's fuel adjustment clause at the average value for such rate during the preceding 24 months, provided that such average rate results in a credit to customers' bills, without making any revisions to the public utility's base rate tariffs. The proposed tariff sheets shall establish the fuel adjustment rate for a specific time period of at least 3 years but not more than 5 years, provided that the terms and conditions for any reinstatement earlier than 5 years shall be set forth in the proposed tariff sheets and subject to modification or approval by the Commission. The Commission shall review and shall by order approve the proposed tariff sheets if it finds that the requirements of this subsection are met. The Commission shall not conduct the annual hearings specified in the last 3 sentences of subsection (a) of this Section for the utility for the period that the factor established pursuant to this subsection is in effect. (d) A public utility providing electric service, or a public utility providing gas service may file with the Commission proposed tariff sheets that eliminate the public utility's fuel or purchased gas adjustment clause and adjust the public utility's base rate tariffs to provide for recovery of power supply costs or gas supply costs that would have been recovered through such clause; provided, that the provisions of this subsection (d) shall not be available to a public utility described in subsections (e) or (f) of this Section to eliminate its fuel adjustment clause. Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in any rules or regulations promulgated by the Commission pursuant to subsection (g) of this Section, the Commission shall review and shall by order approve, or approve as modified in the Commission's order, the proposed tariff sheets within 240 days after the date of the public utility's filing. The Commission's order shall approve rates and charges that the Commission, based on information in the public utility's filing or on the record if a hearing is held by the Commission, finds will recover the reasonable, prudent and necessary jurisdictional power supply costs or gas supply costs incurred or to be incurred by the public utility during a 12 month period found by the Commission to be appropriate for these purposes, provided, that such period shall be either (i) a 12 month historical period occurring during the 15 months ending on the date of the public utility's filing, or (ii) a 12 month future period ending no later than 15 months following the date of the public utility's filing. The public utility shall include with its tariff filing information showing both (1) its actual jurisdictional power supply costs or gas supply costs for a 12 month historical period conforming to (i) above and (2) its projected jurisdictional power supply costs or gas supply costs for a future 12 month period conforming to (ii) above. If the Commission's order requires modifications in the tariff sheets filed by the public utility, the public utility shall have 7 days following the date of the order to notify the Commission whether the public utility will implement the modified tariffs or elect to continue its fuel or purchased gas adjustment clause in force as though no order had been entered. The Commission's order shall provide for any reconciliation of power supply costs or gas supply costs, as the case may be, and associated revenues through the date that the public utility's fuel or purchased gas adjustment clause is eliminated. During the 5 years following the date of the Commission's order, a public utility whose fuel or purchased gas adjustment clause has been eliminated pursuant to this subsection shall not file proposed tariff sheets seeking, or otherwise petition the Commission for, reinstatement or adoption of a fuel or purchased gas adjustment clause. Nothing in this subsection (d) shall be construed as limiting the Commission's authority to eliminate a public utility's fuel adjustment clause or purchased gas adjustment clause in accordance with any other applicable provisions of this Act. (e) Notwithstanding any contrary or inconsistent provisions in Section 9-201 of this Act, in subsection (a) of this Section, or in
19 [May 2, 2002] any rules promulgated by the Commission pursuant to subsection (g) of this Section, a public utility providing electric service to more than 1,000,000 customers in this State may, within the first 6 months after the effective date of this amendatory Act of 1997, file with the Commission proposed tariff sheets that eliminate, effective January 1, 1997, the public utility's fuel adjustment clause without adjusting its base rates, and such tariff sheets shall be effective upon filing. To the extent the application of the fuel adjustment clause had resulted in net charges to customers after January 1, 1997, the utility shall also file a tariff sheet that provides for a refund stated on a per kilowatt-hour basis of such charges over a period not to exceed 6 months; provided however, that such refund shall not include the proportional amounts of taxes paid under the Use Tax Act, Service Use Tax Act, Service Occupation Tax Act, and Retailers' Occupation Tax Act on fuel used in generation. The Commission shall issue an order within 45 days after the date of the public utility's filing approving or approving as modified such tariff sheet. If the fuel adjustment clause is eliminated pursuant to this subsection, the Commission shall not conduct the annual hearings specified in the last 3 sentences of subsection (a) of this Section for the utility for any period after December 31, 1996 and prior to any reinstatement of such clause. A public utility whose fuel adjustment clause has been eliminated pursuant to this subsection shall not file a proposed tariff sheet seeking, or otherwise petition the Commission for, reinstatement of the fuel adjustment clause prior to January 1, 2007
[May 2, 2002] 20 (220 ILCS 5/16-102) Sec. 16-102. Definitions. For the purposes of this Article the following terms shall be defined as set forth in this Section. "Alternative retail electric supplier" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers electric power or energy for sale, lease or in exchange for other value received to one or more retail customers, or that engages in the delivery or furnishing of electric power or energy to such retail customers, and shall include, without limitation, resellers, aggregators and power marketers, but shall not include (i) electric utilities (or any agent of the electric utility to the extent the electric utility provides tariffed services to retail customers through that agent), (ii) any electric cooperative or municipal system as defined in Section 17-100 to the extent that the electric cooperative or municipal system is serving retail customers within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iii) a public utility that is owned and operated by any public institution of higher education of this State, or a public utility that is owned by such public institution of higher education and operated by any of its lessees or operating agents, within any area in which it is or would be entitled to provide service under the law in effect immediately prior to the effective date of this amendatory Act of 1997, (iv) a retail customer to the extent that customer obtains its electric power and energy from that customer's own cogeneration or self-generation facilities, (v) an entity that owns, operates, sells, or arranges for the installation of a customer's own cogeneration or self-generation facilities, but only to the extent the entity is engaged in owning, selling or arranging for the installation of such facility, or operating the facility on behalf of such customer, provided however that any such third party owner or operator of a facility built after January 1, 1999, complies with the labor provisions of Section 16-128(a) as though such third party were an alternative retail electric supplier, or (vi) an industrial or manufacturing customer that owns its own distribution facilities, to the extent that the customer provides service from that distribution system to a third-party contractor located on the customer's premises that is integrally and predominantly engaged in the customer's industrial or manufacturing process; provided, that if the industrial or manufacturing customer has elected delivery services, the customer shall pay transition charges applicable to the electric power and energy consumed by the third-party contractor unless such charges are otherwise paid by the third party contractor, which shall be calculated based on the usage of, and the base rates or the contract rates applicable to, the third-party contractor in accordance with Section 16-102. "Base rates" means the rates for those tariffed services that the electric utility is required to offer pursuant to subsection (a) of Section 16-103 and that were identified in a rate order for collection of the electric utility's base rate revenue requirement, excluding (i) separate automatic rate adjustment riders then in effect, (ii) special or negotiated contract rates, (iii) delivery services tariffs filed pursuant to Section 16-108, (iv) real-time pricing, or (v) tariffs that were in effect prior to October 1, 1996 and that based charges for services on an index or average of other utilities' charges, but including (vi) any subsequent redesign of such rates for tariffed services that is authorized by the Commission after notice and hearing. "Competitive service" includes (i) any service that has been declared to be competitive pursuant to Section 16-113 of this Act, (ii) contract service, and (iii) services, other than tariffed services, that are related to, but not necessary for, the provision of electric power and energy or delivery services. "Contract service" means (1) services, including the provision of electric power and energy or other services, that are provided by
21 [May 2, 2002] mutual agreement between an electric utility and a retail customer that is located in the electric utility's service area, provided that, delivery services shall not be a contract service until such services are declared competitive pursuant to Section 16-113; and also means (2) the provision of electric power and energy by an electric utility to retail customers outside the electric utility's service area pursuant to Section 16-116. Provided, however, contract service does not include electric utility services provided pursuant to (i) contracts that retail customers are required to execute as a condition of receiving tariffed services, or (ii) special or negotiated rate contracts for electric utility services that were entered into between an electric utility and a retail customer prior to the effective date of this amendatory Act of 1997 and filed with the Commission. "Delivery services" means those services provided by the electric utility that are necessary in order for the transmission and distribution systems to function so that retail customers located in the electric utility's service area can receive electric power and energy from suppliers other than the electric utility, and shall include, without limitation, standard metering and billing services. "Electric utility" means a public utility, as defined in Section 3-105 of this Act, that has a franchise, license, permit or right to furnish or sell electricity to retail customers within a service area. "Mandatory transition period" means the period from the effective date of this amendatory Act of 1997 through January 1, 2007
[May 2, 2002] 22 during the 3 years ending 90 days prior to the date on which such customers were first eligible for delivery services pursuant to Section 16-104, and (B) on (i) the base rates in effect on October 1, 1996 (adjusted for the reductions required by subsection (b) of Section 16-111, for any reduction resulting from a rate decrease under Section 16-101(b), for any restatement of base rates made in conjunction with an elimination of the fuel adjustment clause pursuant to subsection (b), (d), or (f) of Section 9-220 and for any removal of decommissioning costs from base rates pursuant to Section 16-114) and any separate automatic rate adjustment riders (other than a decommissioning rate as defined in Section 16-114) under which the customers were receiving or, had they been customers, would have received electric power and energy from the electric utility during the year immediately preceding the date on which such customers were first eligible for delivery service pursuant to Section 16-104, or (ii) to the extent applicable, any contract rates, including contracts or rates for consolidated or aggregated billing, under which such customers were receiving electric power and energy from the electric utility during such year; (2) less the amount of revenue, other than revenue from transition charges and decommissioning rates, that the electric utility would receive from such retail customers for delivery services provided by the electric utility, assuming such customers were taking delivery services for all of their usage, based on the delivery services tariffs in effect during the year for which the transition charge is being calculated and on the usage identified in paragraph (1); (3) less the market value for the electric power and energy that the electric utility would have used to supply all of such customers' electric power and energy requirements, as a tariffed service, based on the usage identified in paragraph (1), with such market value determined in accordance with Section 16-112 of this Act; (4) less the following amount which represents the amount to be attributed to new revenue sources and cost reductions by the electric utility through the end of the period for which transition costs are recovered pursuant to Section 16-108, referred to in this Article XVI as a "mitigation factor": (A) for nonresidential retail customers, an amount equal to the greater of (i) 0.5 cents per kilowatt-hour during the period October 1, 1999 through December 31, 2004, 0.6 cents per kilowatt-hour in calendar year 2005, and 0.9 cents per kilowatt-hour in calendar year 2006, multiplied in each year by the usage identified in paragraph (1), or (ii) an amount equal to the following percentages of the amount produced by applying the applicable base rates (adjusted as described in subparagraph (1)(B)) or contract rate to the usage identified in paragraph (1): 8% for the period October 1, 1999 through December 31, 2002, 10% in calendar years 2003 and 2004, 11% in calendar year 2005 and 12% in calendar year 2006; and (B) for residential retail customers, an amount equal to the following percentages of the amount produced by applying the base rates in effect on October 1, 1996 (adjusted as described in subparagraph (1)(B)) to the usage identified in paragraph (1): (i) 6% from May 1, 2002 through December 31, 2002, (ii) 7% in calendar years 2003 and 2004, (iii) 8% in calendar year 2005, and (iv) 10% in calendar year 2006; (5) divided by the usage of such customers identified in paragraph (1), provided that the transition charge shall never be less than zero. "Unbundled service" means a component or constituent part of a tariffed service which the electric utility subsequently offers separately to its customers. (Source: P.A. 90-561, eff. 12-16-97; 91-50, eff. 6-30-99.) (220 ILCS 5/16-111)
23 [May 2, 2002] Sec. 16-111. Rates and restructuring transactions during mandatory transition period. (a) During the mandatory transition period, notwithstanding any provision of Article IX of this Act, and except as provided in subsections (b), (d), (e), and (f) of this Section, the Commission shall not (i) initiate, authorize or order any change by way of increase (other than in connection with a request for rate increase which was filed after September 1, 1997 but prior to October 15, 1997, by an electric utility serving less than 12,500 customers in this State), (ii) initiate or, unless requested by the electric utility, authorize or order any change by way of decrease, restructuring or unbundling (except as provided in Section 16-109A), in the rates of any electric utility that were in effect on October 1, 1996, or (iii) in any order approving any application for a merger pursuant to Section 7-204 that was pending as of May 16, 1997, impose any condition requiring any filing for an increase, decrease, or change in, or other review of, an electric utility's rates or enforce any such condition of any such order; provided, however, that this subsection shall not prohibit the Commission from: (1) approving the application of an electric utility to implement an alternative to rate of return regulation or a regulatory mechanism that rewards or penalizes the electric utility through adjustment of rates based on utility performance, pursuant to Section 9-244; (2) authorizing an electric utility to eliminate its fuel adjustment clause and adjust its base rate tariffs in accordance with subsection (b), (d), or (f) of Section 9-220 of this Act, to fix its fuel adjustment factor in accordance with subsection (c) of Section 9-220 of this Act, or to eliminate its fuel adjustment clause in accordance with subsection (e) of Section 9-220 of this Act; (3) ordering into effect tariffs for delivery services and transition charges in accordance with Sections 16-104 and 16-108, for real-time pricing in accordance with Section 16-107, or the options required by Section 16-110 and subsection (n) of 16-112, allowing a billing experiment in accordance with Section 16-106, or modifying delivery services tariffs in accordance with Section 16-109; or (4) ordering or allowing into effect any tariff to recover charges pursuant to Sections 9-201.5, 9-220.1, 9-221, 9-222 (except as provided in Section 9-222.1), 16-108, and 16-114 of this Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997, and Section 13 of the Energy Assistance Act of 1989. After December 31, 2004, the provisions of this subsection (a) shall not apply to an electric utility whose average residential retail rate was less than or equal to 90% of the average residential retail rate for the "Midwest Utilities", as that term is defined in subsection (b) of this Section, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, and which served between 150,000 and 250,000 retail customers in this State on January 1, 1995 unless the electric utility or its holding company has been acquired by or merged with an affiliate of another electric utility subsequent to January 1, 2002. This exemption shall be limited to this subsection (a) and shall not extend to any other provisions of this Act. (b) Notwithstanding the provisions of subsection (a), each Illinois electric utility serving more than 12,500 customers in Illinois shall file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 15% from the base rates in effect immediately prior to January 1, 1998 and (ii) if the public utility provides electric service to (A) more than 500,000 customers but less than 1,000,000 customers in this State on January 1, 1999, reducing, effective May 1, 2002, each component of its base rates to residential retail customers by an additional 5% from the
[May 2, 2002] 24 base rates in effect immediately prior to January 1, 1998, or (B) at least 1,000,000 customers in this State on January 1, 1999, reducing, effective October 1, 2001, each component of its base rates to residential retail customers by an additional 5% from the base rates in effect immediately prior to January 1, 1998. Provided, however, that (A) if an electric utility's average residential retail rate is less than or equal to the average residential retail rate for a group of Midwest Utilities (consisting of all investor-owned electric utilities with annual system peaks in excess of 1000 megawatts in the States of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, and Wisconsin), based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, then it shall only be required to file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 5% from the base rates in effect immediately prior to January 1, 1998, (ii) reducing, effective October 1, 2000, each component of its base rates to residential retail customers by the lesser of 5% of the base rates in effect immediately prior to January 1, 1998 or the percentage by which the electric utility's average residential retail rate exceeds the average residential retail rate of the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1999, and (iii) reducing, effective October 1, 2002, each component of its base rates to residential retail customers by an additional amount equal to the lesser of 5% of the base rates in effect immediately prior to January 1, 1998 or the percentage by which the electric utility's average residential retail rate exceeds the average residential retail rate of the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 2001; and (B) if the average residential retail rate of an electric utility serving between 150,000 and 250,000 retail customers in this State on January 1, 1995 is less than or equal to 90% of the average residential retail rate for the Midwest Utilities, based on data reported on Form 1 to the Federal Energy Regulatory Commission for calendar year 1995, then it shall only be required to file tariffs (i) reducing, effective August 1, 1998, each component of its base rates to residential retail customers by 2% from the base rates in effect immediately prior to January 1, 1998; (ii) reducing, effective October 1, 2000, each component of its base rates to residential retail customers by 2% from the base rate in effect immediately prior to January 1, 1998; and (iii) reducing, effective October 1, 2002, each component of its base rates to residential retail customers by 1% from the base rates in effect immediately prior to January 1, 1998. Provided, further, that any electric utility for which a decrease in base rates has been or is placed into effect between October 1, 1996 and the dates specified in the preceding sentences of this subsection, other than pursuant to the requirements of this subsection, shall be entitled to reduce the amount of any reduction or reductions in its base rates required by this subsection by the amount of such other decrease. The tariffs required under this subsection shall be filed 45 days in advance of the effective date. Notwithstanding anything to the contrary in Section 9-220 of this Act, no restatement of base rates in conjunction with the elimination of a fuel adjustment clause under that Section shall result in a lesser decrease in base rates than customers would otherwise receive under this subsection had the electric utility's fuel adjustment clause not been eliminated. (c) Any utility reducing its base rates by 15% on August 1, 1998 pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 15% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.". Any utility reducing its base rates by 5% on August 1, 1998, pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 5% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.".
25 [May 2, 2002] Any utility reducing its base rates by 2% on August 1, 1998 pursuant to subsection (b) shall include the following statement on its bills for residential customers from August 1 through December 31, 1998: "Effective August 1, 1998, your rates have been reduced by 2% by the Electric Service Customer Choice and Rate Relief Law of 1997 passed by the Illinois General Assembly.". (d) During the mandatory transition period, but not before January 1, 2000, and notwithstanding the provisions of subsection (a), an electric utility may request an increase in its base rates if the electric utility demonstrates that the 2-year average of its earned rate of return on common equity, calculated as its net income applicable to common stock divided by the average of its beginning and ending balances of common equity using data reported in the electric utility's Form 1 report to the Federal Energy Regulatory Commission but adjusted to remove the effects of accelerated depreciation or amortization or other transition or mitigation measures implemented by the electric utility pursuant to subsection (g) of this Section and the effect of any refund paid pursuant to subsection (e) of this Section, is below the 2-year average for the same 2 years of the monthly average yields of 30-year U.S. Treasury bonds published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statistical Release or successor publication. The Commission shall review the electric utility's request, and may review the justness and reasonableness of all rates for tariffed services, in accordance with the provisions of Article IX of this Act, provided that the Commission shall consider any special or negotiated adjustments to the revenue requirement agreed to between the electric utility and the other parties to the proceeding. In setting rates under this Section, the Commission shall exclude the costs and revenues that are associated with competitive services and any billing or pricing experiments conducted under Section 16-106. (e) For the purposes of this subsection (e) all calculations and comparisons shall be performed for the Illinois operations of multijurisdictional utilities. During the mandatory transition period, notwithstanding the provisions of subsection (a), if the 2-year average of an electric utility's earned rate of return on common equity, calculated as its net income applicable to common stock divided by the average of its beginning and ending balances of common equity using data reported in the electric utility's Form 1 report to the Federal Energy Regulatory Commission but adjusted to remove the effect of any refund paid under this subsection (e), and further adjusted to include the annual amortization of any difference between the consideration received by an affiliated interest of the electric utility in the sale of an asset which had been sold or transferred by the electric utility to the affiliated interest subsequent to the effective date of this amendatory Act of 1997 and the consideration for which such asset had been sold or transferred to the affiliated interest, with such difference to be amortized ratably from the date of the sale by the affiliated interest to December 31, 2006, exceeds the 2-year average of the Index for the same 2 years by 1.5 or more percentage points, the electric utility shall make refunds to customers beginning the first billing day of April in the following year in the manner described in paragraph (3) of this subsection. For purposes of this subsection (e), the "Index" shall be the sum of (A) the average for the 12 months ended September 30 of the monthly average yields of 30-year U.S. Treasury bonds published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statistical Release or successor publication for each year 1998 through 2006
[May 2, 2002] 26 points for each of the 12-month periods ending September 30, 2000 through September 30, 2006
27 [May 2, 2002] in which excess earnings occurred. (ii) The result of the calculation in (i) shall be multiplied by 0.50 and then divided by a number equal to 1 minus the electric utility's composite federal and State income tax rate. (iii) The result of the calculation in (ii) shall be divided by the sum of the electric utility's projected total kilowatt-hour sales to retail customers plus projected kilowatt-hours to be delivered to delivery services customers over a one year period beginning with the first billing date in April in the succeeding year to determine a cents per kilowatt-hour refund factor. (iv) The cents per kilowatt-hour refund factor calculated in (iii) shall be credited to the electric utility's customers by applying the factor on the customer's monthly bills to each kilowatt-hour sold or delivered until the total amount calculated in (ii) has been paid to customers. (f) During the mandatory transition period, an electric utility may file revised tariffs reducing the price of any tariffed service offered by the electric utility for all customers taking that tariffed service, which shall be effective 7 days after filing. (g) During the mandatory transition period, an electric utility may, without obtaining any approval of the Commission other than that provided for in this subsection and notwithstanding any other provision of this Act or any rule or regulation of the Commission that would require such approval: (1) implement a reorganization, other than a merger of 2 or more public utilities as defined in Section 3-105 or their holding companies; (2) retire generating plants from service; (3) sell, assign, lease or otherwise transfer assets to an affiliated or unaffiliated entity and as part of such transaction enter into service agreements, power purchase agreements, or other agreements with the transferee; provided, however, that the prices, terms and conditions of any power purchase agreement must be approved or allowed into effect by the Federal Energy Regulatory Commission; or (4) use any accelerated cost recovery method including accelerated depreciation, accelerated amortization or other capital recovery methods, or record reductions to the original cost of its assets. In order to implement a reorganization, retire generating plants from service, or sell, assign, lease or otherwise transfer assets pursuant to this Section, the electric utility shall comply with subsections (c) and (d) of Section 16-128, if applicable, and subsection (k) of this Section, if applicable, and provide the Commission with at least 30 days notice of the proposed reorganization or transaction, which notice shall include the following information: (i) a complete statement of the entries that the electric utility will make on its books and records of account to implement the proposed reorganization or transaction together with a certification from an independent certified public accountant that such entries are in accord with generally accepted accounting principles and, if the Commission has previously approved guidelines for cost allocations between the utility and its affiliates, a certification from the chief accounting officer of the utility that such entries are in accord with those cost allocation guidelines; (ii) a description of how the electric utility will use proceeds of any sale, assignment, lease or transfer to retire debt or otherwise reduce or recover the costs of services provided by such electric utility; (iii) a list of all federal approvals or approvals required from departments and agencies of this State, other
[May 2, 2002] 28 than the Commission, that the electric utility has or will obtain before implementing the reorganization or transaction; (iv) an irrevocable commitment by the electric utility that it will not, as a result of the transaction, impose any stranded cost charges that it might otherwise be allowed to charge retail customers under federal law or increase the transition charges that it is otherwise entitled to collect under this Article XVI; and (v) if the electric utility proposes to sell, assign, lease or otherwise transfer a generating plant that brings the amount of net dependable generating capacity transferred pursuant to this subsection to an amount equal to or greater than 15% of the electric utility's net dependable capacity as of the effective date of this amendatory Act of 1997, and enters into a power purchase agreement with the entity to which such generating plant is sold, assigned, leased, or otherwise transferred, the electric utility also agrees, if its fuel adjustment clause has not already been eliminated, to eliminate its fuel adjustment clause in accordance with subsection (b) of Section 9-220 for a period of time equal to the length of any such power purchase agreement or successor agreement, or until January 1, 2005, whichever is longer; if the capacity of the generating plant so transferred and related power purchase agreement does not result in the elimination of the fuel adjustment clause under this subsection, and the fuel adjustment clause has not already been eliminated, the electric utility shall agree that the costs associated with the transferred plant that are included in the calculation of the rate per kilowatt-hour to be applied pursuant to the electric utility's fuel adjustment clause during such period shall not exceed the per kilowatt-hour cost associated with such generating plant included in the electric utility's fuel adjustment clause during the full calendar year preceding the transfer, with such limit to be adjusted each year thereafter by the Gross Domestic Product Implicit Price Deflator. (vi) In addition, if the electric utility proposes to sell, assign, or lease, (A) either (1) an amount of generating plant that brings the amount of net dependable generating capacity transferred pursuant to this subsection to an amount equal to or greater than 15% of its net dependable capacity on the effective date of this amendatory Act of 1997, or (2) one or more generating plants with a total net dependable capacity of 1100 megawatts, or (B) transmission and distribution facilities that either (1) bring the amount of transmission and distribution facilities transferred pursuant to this subsection to an amount equal to or greater than 15% of the electric utility's total depreciated original cost investment in such facilities, or (2) represent an investment of $25,000,000 in terms of total depreciated original cost, the electric utility shall provide, in addition to the information listed in subparagraphs (i) through (v), the following information: (A) a description of how the electric utility will meet its service obligations under this Act in a safe and reliable manner and (B) the electric utility's projected earned rate of return on common equity, calculated in accordance with subsection (d) of this Section, for each year from the date of the notice through December 31, 2006
29 [May 2, 2002] its tariffed services in a safe and reliable manner, or (2) that there is a strong likelihood that consummation of the proposed transaction will result in the electric utility being entitled to request an increase in its base rates during the mandatory transition period pursuant to subsection (d) of this Section. Any hearing initiated by the Commission into the proposed transaction shall be completed, and the Commission's final order approving or prohibiting the proposed transaction shall be entered, within 90 days after the date the electric utility's notice was filed. Provided, however, that a sale, assignment, or lease of transmission facilities to an independent system operator that meets the requirements of Section 16-126 shall not be subject to Commission approval under this Section. In any proceeding conducted by the Commission pursuant to this subparagraph (vi), intervention shall be limited to parties with a direct interest in the transaction which is the subject of the hearing and any statutory consumer protection agency as defined in subsection (d) of Section 9-102.1. Notwithstanding the provisions of Section 10-113 of this Act, any application seeking rehearing of an order issued under this subparagraph (vi), whether filed by the electric utility or by an intervening party, shall be filed within 10 days after service of the order. The Commission shall not in any subsequent proceeding or otherwise, review such a reorganization or other transaction authorized by this Section, but shall retain the authority to allocate costs as stated in Section 16-111(i). An entity to which an electric utility sells, assigns, leases or transfers assets pursuant to this subsection (g) shall not, as a result of the transactions specified in this subsection (g), be deemed a public utility as defined in Section 3-105. Nothing in this subsection (g) shall change any requirement under the jurisdiction of the Illinois Department of Nuclear Safety including, but not limited to, the payment of fees. Nothing in this subsection (g) shall exempt a utility from obtaining a certificate pursuant to Section 8-406 of this Act for the construction of a new electric generating facility. Nothing in this subsection (g) is intended to exempt the transactions hereunder from the operation of the federal or State antitrust laws. Nothing in this subsection (g) shall require an electric utility to use the procedures specified in this subsection for any of the transactions specified herein. Any other procedure available under this Act may, at the electric utility's election, be used for any such transaction. (h) During the mandatory transition period, the Commission shall not establish or use any rates of depreciation, which for purposes of this subsection shall include amortization, for any electric utility other than those established pursuant to subsection (c) of Section 5-104 of this Act or utilized pursuant to subsection (g) of this Section. Provided, however, that in any proceeding to review an electric utility's rates for tariffed services pursuant to Section 9-201, 9-202, 9-250 or 16-111(d) of this Act, the Commission may establish new rates of depreciation for the electric utility in the same manner provided in subsection (d) of Section 5-104 of this Act. An electric utility implementing an accelerated cost recovery method including accelerated depreciation, accelerated amortization or other capital recovery methods, or recording reductions to the original cost of its assets, pursuant to subsection (g) of this Section, shall file a statement with the Commission describing the accelerated cost recovery method to be implemented or the reduction in the original cost of its assets to be recorded. Upon the filing of such statement, the accelerated cost recovery method or the reduction in the original cost of assets shall be deemed to be approved by the Commission as though an order had been entered by the Commission. (i) Subsequent to the mandatory transition period, the Commission, in any proceeding to establish rates and charges for tariffed services offered by an electric utility, shall consider only (1) the then
[May 2, 2002] 30 current or projected revenues, costs, investments and cost of capital directly or indirectly associated with the provision of such tariffed services; (2) collection of transition charges in accordance with Sections 16-102 and 16-108 of this Act; (3) recovery of any employee transition costs as described in Section 16-128 which the electric utility is continuing to incur, including recovery of any unamortized portion of such costs previously incurred or committed, with such costs to be equitably allocated among bundled services, delivery services, and contracts with alternative retail electric suppliers; and (4) recovery of the costs associated with the electric utility's compliance with decommissioning funding requirements; and shall not consider any other revenues, costs, investments or cost of capital of either the electric utility or of any affiliate of the electric utility that are not associated with the provision of tariffed services. In setting rates for tariffed services, the Commission shall equitably allocate joint and common costs and investments between the electric utility's competitive and tariffed services. In determining the justness and reasonableness of the electric power and energy component of an electric utility's rates for tariffed services subsequent to the mandatory transition period and prior to the time that the provision of such electric power and energy is declared competitive, the Commission shall consider the extent to which the electric utility's tariffed rates for such component for each customer class exceed the market value determined pursuant to Section 16-112, and, if the electric power and energy component of such tariffed rate exceeds the market value by more than 10% for any customer class, may establish such electric power and energy component at a rate equal to the market value plus 10%. In any such case, the Commission may also elect to extend the provisions of Section 16-111(e) for any period in which the electric utility is collecting transition charges, using information applicable to such period. (j) During the mandatory transition period, an electric utility may elect to transfer to a non-operating income account under the Commission's Uniform System of Accounts either or both of (i) an amount of unamortized investment tax credit that is in addition to the ratable amount which is credited to the electric utility's operating income account for the year in accordance with Section 46(f)(2) of the federal Internal Revenue Code of 1986, as in effect prior to P.L. 101-508, or (ii) "excess tax reserves", as that term is defined in Section 203(e)(2)(A) of the federal Tax Reform Act of 1986, provided that (A) the amount transferred may not exceed the amount of the electric utility's assets that were created pursuant to Statement of Financial Accounting Standards No. 71 which the electric utility has written off during the mandatory transition period, and (B) the transfer shall not be effective until approved by the Internal Revenue Service. An electric utility electing to make such a transfer shall file a statement with the Commission stating the amount and timing of the transfer for which it intends to request approval of the Internal Revenue Service, along with a copy of its proposed request to the Internal Revenue Service for a ruling. The Commission shall issue an order within 14 days after the electric utility's filing approving, subject to receipt of approval from the Internal Revenue Service, the proposed transfer. (k) If an electric utility is selling or transferring to a single buyer 5 or more generating plants located in this State with a total net dependable capacity of 5000 megawatts or more pursuant to subsection (g) of this Section and has obtained a sale price or consideration that exceeds 200% of the book value of such plants, the electric utility must provide to the Governor, the President of the Illinois Senate, the Minority Leader of the Illinois Senate, the Speaker of the Illinois House of Representatives, and the Minority Leader of the Illinois House of Representatives no later than 15 days after filing its notice under subsection (g) of this Section or 5 days after the date on which this subsection (k) becomes law, whichever is later, a written commitment in which such electric utility agrees to expend $2 billion outside the corporate limits of any municipality with
31 [May 2, 2002] 1,000,000 or more inhabitants within such electric utility's service area, over a 6-year period beginning with the calendar year in which the notice is filed, on projects, programs, and improvements within its service area relating to transmission and distribution including, without limitation, infrastructure expansion, repair and replacement, capital investments, operations and maintenance, and vegetation management. (Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97; 91-50, eff. 6-30-99.) (220 ILCS 5/16-111.3 new) Sec. 16-111.3. Transition period earnings calculations. At such time as the Board of Governors of the Federal Reserve System ceases to include the monthly average yields of 30-year U.S. Treasury bonds in its weekly H.15 Statistical Release or successor publication, the Monthly Treasury Long-Term Average Rates (25 years and above) published by the Board of Governors of the Federal Reserve System in its weekly H.15 Statistical Release or successor publication shall instead be used to establish a rate for the purpose of calculating the Index defined in subsection (e) of Section 16-111 of this Act, and at such time, such Monthly Treasury Long-Term Average Rates (25 years and above) shall also be used in place of the monthly average yields of 30-year U.S. Treasury bonds in the rate of return calculation required by subsection (d) of Section 16-111. An electric utility shall also remove the effects, if any, of any impairment due to the application of Statement of Financial Accounting Standards No. 142, which was issued in June 2001, when making the calculations required by this Section or by subsections (d) and (e) of Section 16-111. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 5 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Novak, SENATE BILL 2081 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 2, Nays; 1, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 1982. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on State Government Administration, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1982 AMENDMENT NO. 1. Amend Senate Bill 1982 by replacing everything
[May 2, 2002] 32 after the enacting clause with the following: "Section 5. The Unified Code of Corrections is amended by changing Sections 3-4-3 and 3-7-2a as follows: (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3) Sec. 3-4-3. Funds and Property of Persons Committed. (a) The Department shall establish accounting records with accounts for each person who has or receives money while in an institution or facility of the Department and it shall allow the withdrawal and disbursement of money by the person under rules and regulations of the Department. Any interest or other income from moneys deposited with the Department by a resident of the Juvenile Division in excess of $200 shall accrue to the individual's account, or in balances up to $200 shall accrue to the Residents' Benefit Fund. For an individual in an institution or facility of the Adult Division the interest shall accrue to the Residents' Benefit Fund. The Department shall disburse all moneys so held no later than the person's final discharge from the Department. Moneys in the account of a committed person who files a lawsuit determined frivolous under Article XXII of the Code of Civil Procedure shall be deducted to pay for the filing fees and cost of the suit as provided in that Article. The Department shall under rules and regulations record and receipt all personal property not allowed to committed persons. The Department shall return such property to the individual no later than the person's release on parole. (b) Any money held in accounts of committed persons separated from the Department by death, discharge, or unauthorized absence and unclaimed for a period of 1 year thereafter by the person or his legal representative shall be transmitted to the State Treasurer who shall deposit it into the General Revenue Fund. Articles of personal property of persons so separated may be sold or used by the Department if unclaimed for a period of 1 year for the same purpose. Clothing, if unclaimed within 30 days, may be used or disposed of as determined by the Department. (c) Ten percent of the profits on sales from commissary stores shall be expended by the Department for the special benefit of committed persons which shall include but not be limited to the advancement of inmate payrolls, for the special benefit of employees, and for the advancement or reimbursement of employee travel, provided that amounts expended for employees shall not exceed the amount of profits derived from sales made to employees by such commissaries, as determined by the Department. The remainder of the profits from sales from commissary stores must be used to pay for wages and benefits of employees covered under a collective bargaining agreement who are employed at commissary facilities of the Department. (d) The Department shall confiscate any unauthorized currency found in the possession of a committed person. The Department shall transmit the confiscated currency to the State Treasurer who shall deposit it into the General Revenue Fund. (Source: P.A. 89-689, eff. 12-31-96; 90-505, eff. 8-19-97.) (730 ILCS 5/3-7-2a) (from Ch. 38, par. 1003-7-2a) Sec. 3-7-2a. If a facility maintains a commissary or commissaries, the selling prices for all goods shall be sufficient to cover the costs of the goods and an additional charge of up to 35% for tobacco products and up to 25% for non-tobacco products. The amount of the additional charges for goods sold at commissaries shall be based upon the amount necessary to pay for the wages and benefits of commissary employees who are employed in commissary facilities of the Department. The Department shall determine the additional charges upon any changes in wages and benefits of commissary employees as negotiated in the collective bargaining agreement
33 [May 2, 2002] (Source: P.A. 82-652.)". Floor Amendment No. 2 remained in the Committee on Rules. Representative Reitz offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1982 AMENDMENT NO. 3. Amend Senate Bill 1982, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 2, line 17, by changing "Ten" to "Forty"; and on page 2, line 26, by inserting "first" after "used"; and on page 2, line 29, by inserting after "Department" the following: "and then to pay the costs of dietary staff". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 3 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 2235. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Environment & Energy, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 2235 AMENDMENT NO. 1. Amend Senate Bill 2235 on page 3, line 16 by changing "17" to "20"; and on page 4, line 15 by deleting "and"; and on page 4, line 17 by changing "." to "; and"; and on page 4, by inserting after line 17 the following: "(14) three members designated by the Mayor of the City of Chicago.". AMENDMENT NO. 2 TO SENATE BILL 2235 AMENDMENT NO. 2. Amend Senate Bill 2235 on page 1, line 15, by changing "have access to
[May 2, 2002] 34 There being no further amendments, the foregoing Amendments numbered 1, 2 and 3 were adopted and the bill, as amended, was advanced to the order of Third Reading. Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILL 2241. SENATE BILL 1666. Having been read by title a second time on April 30, 2002, and held on the order of Second Reading, the same was again taken up. Representative Biggins offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1666 AMENDMENT NO. 1. Amend Senate Bill 1666 on page 2, line 18, by replacing "Annual" with "An". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Garrett, SENATE BILL 2160 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 84, Yeas; 30, Nays; 1, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 12:30 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 772 was taken up for consideration. Representative Garrett moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTIONS 847, 848, 851, 853, 855, 858, 859, 860, 861 and 864 were taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. At the hour of 12:40 o'clock p.m., Representative Currie moved that the House do now adjourn.
35 [May 2, 2002] The motion prevailed. And in accordance therewith and pursuant to HOUSE JOINT RESOLUTION 74, the House stood adjourned until Tuesday, May 7, 2002, at 1:00 o'clock p.m.
[May 2, 2002] 36 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 02, 2002 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY P SIMPSON P BROSNAHAN P HANNIG P McGUIRE P SLONE P BRUNSVOLD P HARTKE P McKEON P SMITH P BUGIELSKI P HASSERT P MENDOZA P SOMMER P BURKE P HOEFT P MEYER P SOTO P CAPPARELLI P HOFFMAN P MILLER P STEPHENS P COLLINS P HOLBROOK P MITCHELL,BILL P TENHOUSE P COLVIN P HOWARD P MITCHELL,JERRY P TURNER P COULSON P HULTGREN P MOFFITT P WAIT P COWLISHAW P JEFFERSON P MORROW P WATSON P CROSS P JOHNSON P MULLIGAN P WINKEL P CROTTY P JONES,JOHN E MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER E O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH E DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
37 [May 2, 2002] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2081 UTIL RATE INDEX TREASURY BOND THIRD READING PASSED MAY 02, 2002 112 YEAS 2 NAYS 1 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ N LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN Y RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY Y SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA Y SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW Y WATSON Y CROSS N JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK P DANIELS Y KENNER E O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH E DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[May 2, 2002] 38 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2160 CONSUMER FRAUD-MAIL-DISCLOSURE THIRD READING PASSED MAY 02, 2002 84 YEAS 30 NAYS 1 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ N LEITCH N POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ N BELLOCK Y FORBY N LYONS,EILEEN N RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS N MARQUARDT N RYAN N BLACK P FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE N SCULLY Y BRADY Y HAMOS N McCARTHY N SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD N HARTKE Y McKEON Y SMITH Y BUGIELSKI N HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER N STEPHENS Y COLLINS Y HOLBROOK Y MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN Y MOFFITT N WAIT N COWLISHAW Y JEFFERSON Y MORROW Y WATSON N CROSS N JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN E MURPHY N WINTERS Y CURRIE Y JONES,LOU Y MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK N WOJCIK N DANIELS Y KENNER E O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH E DAVIS,MONIQUE Y KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN N ZICKUS Y DELGADO Y KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence