STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
141ST LEGISLATIVE DAY
SATURDAY, JUNE 1, 2002
11:00 O'CLOCK A.M.
NO. 141
[June 1, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 141st Legislative Day Action Page(s) Adjournment........................................ 233 Committee on Rules Referrals....................... 8 Correctional Budget & Impact Note Requested........ 9 Correctional Budget & Impact Note Supplied......... 10 Fiscal Note Requested.............................. 9 Fiscal Note Supplied............................... 9 Home Rule Note Requested........................... 10 Home Rule Note Supplied............................ 10 Introduction and First Reading - HB6293-6293....... 213 Judicial Impact Note Requested..................... 10 Letter of Transmittal.............................. 4 Pension Impact Note Requested...................... 9 Pension Impact Note Supplied....................... 9 Quorum Roll Call................................... 4 State Mandate Note Supplied........................ 9 State Mandates Requests............................ 9 Bill Number Legislative Action Page(s) HB 0002 Adopt First Conference Committee Report............ 222 HB 0539 Committee Report - Concur in SA.................... 7 HB 1006 Conference Committee Report Submitted ............. 199 HB 1006 Senate Message - Conference Committee Appointed.... 11 HB 1276 Committee Report - Concur in SA.................... 7 HB 1276 Concurrence in Senate Amendment/s.................. 216 HB 1276 Motion Submitted................................... 8 HB 2381 Motion Submitted................................... 8 HB 2671 Committee Report................................... 7 HB 2671 Committee Report - Concur in SA.................... 7 HB 2671 Concurrence in Senate Amendment/s.................. 216 HB 2671 Motion Submitted................................... 8 HB 2671 Motion Submitted................................... 8 HB 4580 Motion Submitted................................... 9 HB 4580 Senate Message - Passage w/ SA..................... 111 HB 4680 Committee Report - Concur in SA.................... 198 HB 4680 Motion Submitted................................... 9 HB 5168 Committee Report - Concur in SA.................... 8 HB 5168 Concurrence in Senate Amendment/s.................. 232 HB 5168 Motion Submitted................................... 9 HB 5168 Senate Message - Passage w/ SA..................... 170 HB 5169 Committee Report - Concur in SA.................... 8 HB 5169 Motion Submitted................................... 9 HB 5169 Senate Message - Passage w/ SA..................... 189 HB 5375 Adopt First Conference Committee Report............ 216 HB 5375 Conference Committee Report Submitted.............. 199 HB 5375 Senate Message - Conference Committee Appointed.... 12 HB 5686 Motion Submitted................................... 9 HB 5686 Senate Message - Passage w/ SA..................... 80 HR 0990 Adoption........................................... 222 HR 0991 Adoption........................................... 223 HR 0992 Adoption........................................... 223 HR 0993 Adoption........................................... 223 HR 0995 Adoption........................................... 223 HR 0996 Adoption........................................... 223 HR 0998 Adoption........................................... 223 HR 1000 Adoption........................................... 223 HR 1001 Adoption........................................... 223
3 [June 1, 2002] Bill Number Legislative Action Page(s) HR 1002 Adoption........................................... 223 HR 1003 Agreed Resolution.................................. 213 HR 1004 Agreed Resolution.................................. 214 HR 1005 Agreed Resolution.................................. 214 HR 1006 Agreed Resolution.................................. 215 SB 0251 Second Reading - Amendment/s....................... 223 SB 0251 Third Reading...................................... 225 SB 0314 House Refuse to Recede - Appoint Members........... 223 SB 0314 Senate Message - Refuse to Concur.................. 11 SB 0727 Adopt First Conference Committee Report............ 221 SB 1282 Senate Message - Refuse to Concur.................. 10 SB 1983 Conference Committee Report Submitted.............. 200 SB 1983 House Refuse to Recede - Appoint Members........... 223 SB 1983 Senate Message - Refuse to Concur.................. 11 SB 2130 Committee Report-Floor Amendment/s................. 8 SB 2130 Second Reading - Amendment/s....................... 225 SB 2130 Third Reading...................................... 226 SB 2201 Committee Report-Floor Amendment/s................. 198 SB 2201 Second Reading - Amendment/s....................... 221 SB 2201 Third Reading...................................... 222 SB 2288 Committee Report-Floor Amendment/s................. 8 SB 2288 Second Reading - Amendment/s....................... 227 SB 2289 Committee Report................................... 198 SB 2289 Second Reading - Amendment/s....................... 216 SJR 0069 Senate Message..................................... 171
[June 1, 2002] 4 The House met pursuant to adjournment. Representative Hartke in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative Marquardt led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 117 present. (ROLL CALL 1) By unanimous consent, Representative Simpson was 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 Kosel, should be recorded as present. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the Bills listed below: House Bills: 2671 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi:
5 [June 1, 2002] please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the following Bills listed below: House Bill: 5375 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the Bill listed below: House Bill: 1006 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the Bill listed below: House Bills: 5168, 5169 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain
[June 1, 2002] 6 Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the Bill listed below: House Bills: 4580, 5686 If you have any questions, please contact my Chief of Staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan Speaker of the House GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 June 1, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Sunday, June 30, 2002 for the Bills listed below: Senate Bills: 314, 1282, 1983. 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 REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to
7 [June 1, 2002] which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 539. The committee roll call vote on the Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 539 is as follows: 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Hannig A Cross N Tenhouse, Spkpn Y Turner, Art (Brunsvold) 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 Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 2 to HOUSE BILL 1276. The committee roll call vote on the Motion to Concur in Senate Amendment No. 2 to HOUSE BILL 1276 is as follows: 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Hannig A Cross Y Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2671. That the bill be reported "approved for consideration" and be placed on the order of Concurrence: HOUSE BILL 2671. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn A Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 5375. The committee roll call vote on the First Conference Committee Report to HOUSE BILL 5375 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to HOUSE BILL 1006. That the Floor Amendment be reported "recommends be adopted":
[June 1, 2002] 8 Amendment No. 2 to SENATE BILL 2130. Amendment No. 1 to SENATE BILL 2288. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Hannig A Cross N Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 3 to HOUSE BILL 5168. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 5169. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y 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 Executive: Motion to Concur in Senate Amendment 1 to HOUSE BILL 2381 and House Amendment 3 to SENATE BILL 2288. Committee on Judiciary I-Civil Law: Motion to Concur in Senate Amendment 1 to HOUSE BILL 4680. MOTIONS SUBMITTED Representative Currie submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 61, and having voted on the prevailing side, I move to reconsider the vote by which House Bill No. 2671 passed the House earlier today. JOINT ACTION MOTIONS SUBMITTED Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 1276. Representative Currie submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2381. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2671.
9 [June 1, 2002] Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 4580. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 4680. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 3 to HOUSE BILL 5168. Representative Daniels submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 5169. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 5686. REQUEST FOR FISCAL NOTE Representative Black requested that Fiscal Notes be supplied for SENATE BILL 2288, as amended and 2289, as amended. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 2288, as amended, and 2289, as amended. REQUEST FOR STATE MANDATE NOTES Representative Black requested that State Mandate Notes be supplied for SENATE BILLS 2288, as amended and 2289, as amended. STATE MANDATE NOTE SUPPLIED State Mandate Notes have been supplied for SENATE BILLS 2288, as amended , and 2289, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Black requested that a Pension Impact Note be supplied for SENATE BILL 2289, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for SENATE BILL 2289, as amended. REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE Representative Black requested that a Correctional Budget & Impact Note be supplied for SENATE BILL 2288, as amended.
[June 1, 2002] 10 CORRECTIONAL BUDGET & IMPACT NOTE SUPPLIED A Correctional Budget & Impact Note has been supplied for SENATE BILL 2288, as amended. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for SENATE BILL 2288, as amended. HOME RULE NOTE SUPPLIED A Home Rule Note has been supplied for SENATE BILL 2288, as amended. REQUEST FOR JUDICIAL IMPACT NOTE Representative Black requested that a Judicial Impact Note be supplied for SENATE BILL 2288, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL 1282 A bill for AN ACT in relation to territory annexations. House Amendment No. 1 to Senate Bill No. 1282. House Amendment No. 4 to Senate Bill No. 1282. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendments numbered 1 and 4 to SENATE BILL 1282 was placed on the Calendar on the order of Non-Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL 314 A bill for AN ACT in relation to group insurance. House Amendment No. 1 to Senate Bill No. 314.
11 [June 1, 2002] Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendment No. 1 to SENATE BILL 314 was placed on the Calendar on the order of Non-Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL 1983 A bill for AN ACT concerning education. House Amendment No. 1 to Senate Bill No. 1983. House Amendment No. 2 to Senate Bill No. 1983. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendments numbered 1 and 2 to SENATE BILL 1983 was placed on the Calendar on the order of Non-Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 1006 A bill for AN ACT in relation to timber. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Myers, Burzynski, Noland; Bowles and Silverstein. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate Representative Righter moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 1006. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Saviano, Hannig, Currie; Tenhouse and Righter. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary:
[June 1, 2002] 12 Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendments 1, 2 and 3 to a bill of the following title, to-wit: HOUSE BILL NO. 5375 A bill for AN ACT in relation to municipal government. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Luechtefeld, Dillard, Dudycz; L. Walsh and Halvorson. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate Representative Bost moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 5375. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Burke, Currie, Lang; Tenhouse and Bost. Ordered that the Clerk inform the Senate. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5686 A bill for AN ACT in relation to State government. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 5686. Passed the Senate, as amended, June 1, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 5686 by replacing everything after the enacting clause with the following: "Article 1 Section 1-1. Short title. This Act may be cited as the FY2003 Budget Implementation (State Finance) Act. Section 1-5. Purpose. It is the purpose of this Act to make changes relating to State finance that are necessary to implement the State's FY2003 budget. Article 5 Section 5-5. The State Employees Group Insurance Act of 1971 is amended by changing Section 8 as follows: (5 ILCS 375/8) (from Ch. 127, par. 528) Sec. 8. Eligibility. (a) Each member eligible under the provisions of this Act and any rules and regulations promulgated and adopted hereunder by the Director shall become immediately eligible and covered for all benefits available under the programs. Members electing coverage for eligible dependents shall have the coverage effective immediately, provided that
13 [June 1, 2002] the election is properly filed in accordance with required filing dates and procedures specified by the Director. (1) Every member originally eligible to elect dependent coverage, but not electing it during the original eligibility period, may subsequently obtain dependent coverage only in the event of a qualifying change in status, special enrollment, special circumstance as defined by the Director, or during the annual Benefit Choice Period. (2) Members described above being transferred from previous coverage towards which the State has been contributing shall be transferred regardless of preexisting conditions, waiting periods, or other requirements that might jeopardize claim payments to which they would otherwise have been entitled. (3) Eligible and covered members that are eligible for coverage as dependents except for the fact of being members shall be transferred to, and covered under, dependent status regardless of preexisting conditions, waiting periods, or other requirements that might jeopardize claim payments to which they would otherwise have been entitled upon cessation of member status and the election of dependent coverage by a member eligible to elect that coverage. (b) New employees shall be immediately insured for the basic group life insurance and covered by the program of health benefits on the first day of active State service. Optional coverages or benefits, if elected during the relevant eligibility period, will become effective on the date of employment. Optional coverages or benefits applied for after the eligibility period will be effective, subject to satisfactory evidence of insurability when applicable, or other necessary qualifications, pursuant to the requirements of the applicable benefit program, unless there is a change in status that would confer new eligibility for change of enrollment under rules established supplementing this Act, in which event application must be made within the new eligibility period. (c) As to the group health benefits program contracted to begin or continue after June 30, 1973, each retired employee shall become immediately eligible and covered for all benefits available under that program. Retired employees may elect coverage for eligible dependents and shall have the coverage effective immediately, provided that the election is properly filed in accordance with required filing dates and procedures specified by the Director. Where husband and wife are both eligible members, each shall be enrolled as a member and coverage on their eligible dependent children, if any, may be under the enrollment and election of either. Regardless of other provisions herein regarding late enrollment or other qualifications, as appropriate, the Director may periodically authorize open enrollment periods for each of the benefit programs at which time each member may elect enrollment or change of enrollment without regard to age, sex, health, or other qualification under the conditions as may be prescribed in rules and regulations supplementing this Act. Special open enrollment periods may be declared by the Director for certain members only when special circumstances occur that affect only those members. (d) Beginning with fiscal year 2003 and for all subsequent years, eligible members may elect not to participate in the program of health benefits as defined in this Act. The election must be made during the annual benefit choice period, subject to the conditions in this subsection. (1) Members must furnish proof of health benefit coverage, either comprehensive major medical coverage or comprehensive managed care plan, from a source other than the Department of Central Management Services in order to elect not to participate in the program. (2) Members may re-enroll in the Department of Central Management Services program of health benefits upon showing a qualifying change in status, as defined in the U.S. Internal Revenue Code, without evidence of insurability and with no limitations on coverage for pre-existing conditions, provided that
[June 1, 2002] 14 there was not a break in coverage of more than 63 days. (3) Members may also re-enroll in the program of health benefits during any annual benefit choice period, without evidence of insurability. (4) Members who elect not to participate in the program of health benefits shall be furnished a written explanation of the requirements and limitations for the election not to participate in the program and for re-enrolling in the program. The explanation shall also be included in the annual benefit choice options booklets furnished to members. (Source: P.A. 91-390, eff. 7-30-99.) Section 5-10. The State Finance Act is amended by changing Sections 6z-45, 8.3, 8g, and 13.2 and by adding Sections 5.570, 5.571, 6z-57, 6z-58, and 8.41 as follows: (30 ILCS 105/5.570 new) Sec. 5.570. The Presidential Library and Museum Operating Fund. (30 ILCS 105/5.571 new) Sec. 5.571. The Family Care Fund. (30 ILCS 105/6z-45) Sec. 6z-45. The School Infrastructure Fund. (a) The School Infrastructure Fund is created as a special fund in the State Treasury. In addition to any other deposits authorized by law, beginning January 1, 2000, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and State Comptroller shall transfer the sum of $5,000,000 from the General Revenue Fund to the School Infrastructure Fund; provided, however, that no such transfers shall be made from July 1, 2001 through June 30, 2003
15 [June 1, 2002] (Source: P.A. 91-38, eff. 6-15-99; 91-711, eff. 7-1-00; 92-11, eff. 6-11-01.) (30 ILCS 105/6z-57 new) Sec. 6z-57. The Presidential Library and Museum Operating Fund. (a) There is created in the State treasury a special fund to be known as the Presidential Library and Museum Operating Fund. All moneys received by the Abraham Lincoln Presidential Library and Museum from admission fees, retail sales, and registration fees from conferences and other educational programs shall be deposited into the Fund. In addition, money shall be deposited into the Fund as provided by law. (b) Money in the Fund may be used, subject to appropriation, for the operational support of the Abraham Lincoln Presidential Library and Museum and for programs related to the Presidential Library and Museum at public institutions of higher education. (30 ILCS 105/6z-58 new) Sec. 6z-58. The Family Care Fund. (a) There is created in the State treasury the Family Care Fund. Interest earned by the Fund shall be credited to the Fund. (b) The Fund is created solely for the purposes of receiving, investing, and distributing moneys in accordance with an approved waiver under the Social Security Act resulting from the Family Care waiver request submitted by the Illinois Department of Public Aid on February 15, 2002. The Fund shall consist of: (1) All federal financial participation moneys received pursuant to the approved waiver; and (2) All other moneys received by the Fund from any source, including interest thereon. (c) Subject to appropriation, the moneys in the Fund shall be disbursed for reimbursement of medical services and other costs associated with persons receiving such services under the waiver due to their relationship with children receiving medical services pursuant to Article V of the Illinois Public Aid Code or the Children's Health Insurance Program Act. (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) Sec. 8.3. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code, except the cost of administration of Articles I and II of Chapter 3 of that Code; and secondly -- for expenses of the Department of Transportation for construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways in accordance with the provisions of laws relating thereto, or for any purpose related or incident to and connected therewith, including the separation of grades of those highways with railroads and with highways and including the payment of awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway right-of-way or for investigations to determine the reasonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in the construction and maintenance of flight strips and of highways necessary to provide access to military and naval reservations, to defense industries and defense-industry sites, and to the sources of raw materials and for replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites, or for the purchase of right-of-way, except that the State
[June 1, 2002] 16 shall be reimbursed in full for any expense incurred in building the flight strips; or for the operating and maintaining of highway garages; or for patrolling and policing the public highways and conserving the peace; or for any of those purposes or any other purpose that may be provided by law. Appropriations for any of those purposes are payable from the Road Fund. Appropriations may also be made from the Road Fund for the administrative expenses of any State agency that are related to motor vehicles or arise from the use of motor vehicles. Beginning with fiscal year 1980 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement; 1. Department of Public Health; 2. Department of Transportation, only with respect to subsidies for one-half fare Student Transportation and Reduced Fare for Elderly; 3. Department of Central Management Services, except for expenditures incurred for group insurance premiums of appropriate personnel; 4. Judicial Systems and Agencies. Beginning with fiscal year 1981 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except for expenditures with respect to the Division of Operations; 2. Department of Transportation, only with respect to Intercity Rail Subsidies and Rail Freight Services. Beginning with fiscal year 1982 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: Department of Central Management Services, except for awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except not more than 40% of the funds appropriated for the Division of Operations; 2. State Officers. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to any Department or agency of State government for administration, grants, or operations except as provided hereafter; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement. It shall not be lawful to circumvent the above appropriation limitations by governmental reorganization or other methods. Appropriations shall be made from the Road Fund only in accordance with the provisions of this Section. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging during each fiscal year the principal and interest on that bonded indebtedness as it becomes due and payable as provided in the Transportation Bond Act, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows:
17 [June 1, 2002] first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code; and secondly -- no Road Fund monies derived from fees, excises, or license taxes relating to registration, operation and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of administering the laws imposing those fees, excises, and license taxes, statutory refunds and adjustments allowed thereunder, administrative costs of the Department of Transportation, payment of debts and liabilities incurred in construction and reconstruction of public highways and bridges, acquisition of rights-of-way for and the cost of construction, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and supervision of the State, political subdivision, or municipality collecting those monies, and the costs for patrolling and policing the public highways (by State, political subdivision, or municipality collecting that money) for enforcement of traffic laws. The separation of grades of such highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall also be permissible. Appropriations for any of such purposes are payable from the Road Fund or the Grade Crossing Protection Fund as provided in Section 8 of the Motor Fuel Tax Law. Except as provided in this paragraph, beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of its total fiscal year 1990 Road Fund appropriations for those purposes unless otherwise provided in Section 5g of this Act. For fiscal year 2003 only, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of $97,310,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods unless otherwise provided in Section 5g of this Act. In fiscal year 1994, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1991 Road Fund appropriations to the Secretary of State for those purposes, plus $9,800,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other method. Beginning with fiscal year 1995 and thereafter, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1994 Road Fund appropriations to the Secretary of State for those purposes. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. Beginning with fiscal year 2000, total Road Fund appropriations to the Secretary of State for the purposes of this Section shall not exceed the amounts specified for the following fiscal years: Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000; Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $130,500,000
[June 1, 2002] 18 fiscal year that the General Revenue Fund has a positive budgetary balance, as determined by generally accepted accounting principles applicable to government. (Source: P.A. 91-37, eff. 7-1-99; 91-760, eff. 1-1-01.) (30 ILCS 105/8.41 new) Sec. 8.41. Interfund transfers. In order to address the fiscal emergency resulting from shortfalls in revenue, the following transfers are authorized from the designated funds into the General Revenue Fund: (1) The Securities Audit and Enforcement Fund................................... $14,000,000 (2) The General Professions Dedicated Fund . $11,000,000 (3) The Underground Storage Tank Fund...... $12,000,000 (4) The Fire Prevention Fund............... $10,000,000 (5) The Grade Crossing Protection Fund..... $9,000,000 (6) The Downstate Public Transportation Fund................................... $10,000,000 (7) The Nursing Dedicated and Professional Fund................................... $7,000,000 (8) The Traffic and Criminal Conviction Surcharge Fund......................... $6,000,000 (9) The Renewable Energy Resources Trust Fund................................... $5,000,000 (10) The School Technology Revolving Loan Fund................................... $5,000,000 (11) The Audit Expense Fund................. $2,000,000 (12) The Conservation 2000 Fund............. $8,000,000 (13) The Drivers Education Fund............. $5,000,000 (14) The Motor Vehicle Theft Prevention Trust Fund............................. $4,000,000 (15) The Park and Conservation Fund......... $2,000,000 (16) The Insurance Producer Administration Fund................................... $4,000,000 (17) The Agricultural Premium Fund.......... $4,000,000 (18) The Health Facility Plan Review Fund... $4,000,000 (19) The State Police Services Fund......... $3,000,000 (20) The Savings and Residential Finance Regulatory Fund........................ $1,750,000 (21) The Insurance Financial Regulation Fund. $1,000,000 (22) The Real Estate License Administration Fund................................... $250,000 (23) The Illinois Health Facilities Planning Fund................................... $2,000,000 (24) The Natural Areas Acquisition Fund..... $2,000,000 (25) The Appraisal Administration Fund...... $2,000,000 (26) The Real Estate Recovery Fund.......... $1,000,000 (27) The Open Space Lands Acquisition and Development Fund....................... $29,000,000 (28) The Illinois Aquaculture Development Fund................................... $1,000,000 All such transfers shall be made on July 1, 2002, or as soon thereafter as practical. These transfers may be made notwithstanding any other provision of law to the contrary. (30 ILCS 105/8g) Sec. 8g. Transfers from General Revenue Fund. (a) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $10,000,000 from the General Revenue Fund to the Motor Vehicle License Plate Fund created by Senate Bill 1028 of the 91st General Assembly. (b) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $25,000,000 from the General Revenue Fund to the Fund for Illinois' Future created by Senate Bill 1066 of the 91st General Assembly.
19 [June 1, 2002] (c) In addition to any other transfers that may be provided for by law, on August 30 of each fiscal year's license period, the Illinois Liquor Control Commission shall direct and the State Comptroller and State Treasurer shall transfer from the General Revenue Fund to the Youth Alcoholism and Substance Abuse Prevention Fund an amount equal to the number of retail liquor licenses issued for that fiscal year multiplied by $50. (d) The payments to programs required under subsection (d) of Section 28.1 of the Horse Racing Act of 1975 shall be made, pursuant to appropriation, from the special funds referred to in the statutes cited in that subsection, rather than directly from the General Revenue Fund. Beginning January 1, 2000, on the first day of each month, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer from the General Revenue Fund to each of the special funds from which payments are to be made under Section 28.1(d) of the Horse Racing Act of 1975 an amount equal to 1/12 of the annual amount required for those payments from that special fund, which annual amount shall not exceed the annual amount for those payments from that special fund for the calendar year 1998. The special funds to which transfers shall be made under this subsection (d) include, but are not necessarily limited to, the Agricultural Premium Fund; the Metropolitan Exposition Auditorium and Office Building Fund; the Fair and Exposition Fund; the Standardbred Breeders Fund; the Thoroughbred Breeders Fund; and the Illinois Veterans' Rehabilitation Fund. (e) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, but in no event later than June 30, 2000, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $15,000,000 from the General Revenue Fund to the Fund for Illinois' Future. (f) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 91st General Assembly, but in no event later than June 30, 2000, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $70,000,000 from the General Revenue Fund to the Long-Term Care Provider Fund. (f-1) In fiscal year 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $160,000,000 from the General Revenue Fund to the Long-Term Care Provider Fund. (g) In addition to any other transfers that may be provided for by law, on July 1, 2001, or as soon thereafter as may be practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $1,200,000 from the General Revenue Fund to the Violence Prevention Fund. (h) In each of fiscal years 2002 through 2007, but not thereafter, in addition to any other transfers that may be provided for by law, the State Comptroller shall direct and the State Treasurer shall transfer $5,000,000 from the General Revenue Fund to the Tourism Promotion Fund. (i) On or after July 1, 2001 and until May 1, 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $80,000,000 from the General Revenue Fund to the Tobacco Settlement Recovery Fund. Any amounts so transferred shall be re-transferred by the State Comptroller and the State Treasurer from the Tobacco Settlement Recovery Fund to the General Revenue Fund at the direction of and upon notification from the Governor, but in any event on or before June 30, 2002. (i-1) On or after July 1, 2002 and until May 1, 2003, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not exceeding a total of $80,000,000 from the General Revenue Fund to
[June 1, 2002] 20 the Tobacco Settlement Recovery Fund. Any amounts so transferred shall be re-transferred by the State Comptroller and the State Treasurer from the Tobacco Settlement Recovery Fund to the General Revenue Fund at the direction of and upon notification from the Governor, but in any event on or before June 30, 2003. (j) On or after July 1, 2001 and no later than June 30, 2002, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not to exceed the following sums into the Statistical Services Revolving Fund: From the General Revenue Fund............... $8,450,000 From the Public Utility Fund................ 1,700,000 From the Transportation Regulatory Fund..... 2,650,000 From the Title III Social Security and Employment Fund........................... 3,700,000 From the Professions Indirect Cost Fund..... 4,050,000 From the Underground Storage Tank Fund...... 550,000 From the Agricultural Premium Fund.......... 750,000 From the State Pensions Fund................ 200,000 From the Road Fund.......................... 2,000,000 From the Health Facilities Planning Fund............................. 1,000,000 From the Savings and Residential Finance Regulatory Fund........................... 130,800 From the Appraisal Administration Fund...... 28,600 From the Pawnbroker Regulation Fund......... 3,600 From the Auction Regulation Administration Fund....................... 35,800 From the Bank and Trust Company Fund........ 634,800 From the Real Estate License Administration Fund....................... 313,600 (k) In addition to any other transfers that may be provided for by law, as soon as may be practical after the effective date of this amendatory Act of the 92nd General Assembly, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (k-1) In addition to any other transfers that may be provided for by law, on July 1, 2002, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (k-2) In addition to any other transfers that may be provided for by law, on July 1, 2003, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $2,000,000 from the General Revenue Fund to the Teachers Health Insurance Security Fund. (k-3) On or after July 1, 2002 and no later than June 30, 2003, in addition to any other transfers that may be provided for by law, at the direction of and upon notification from the Governor, the State Comptroller shall direct and the State Treasurer shall transfer amounts not to exceed the following sums into the Statistical Services Revolving Fund: Appraisal Administration Fund............... $150,000 General Revenue Fund........................ 10,440,000 Savings and Residential Finance Regulatory Fund........................ 200,000 State Pensions Fund......................... 100,000 Bank and Trust Company Fund................. 100,000 Professions Indirect Cost Fund.............. 3,400,000 Public Utility Fund......................... 2,081,200 Real Estate License Administration Fund..... 150,000 Title III Social Security and Employment Fund........................ 1,000,000 Transportation Regulatory Fund.............. 3,052,100
21 [June 1, 2002] Underground Storage Tank Fund............... 50,000 (l) In addition to any other transfers that may be provided for by law, on July 1, 2002, or as soon as may be practical thereafter, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $3,000,000 from the General Revenue Fund to the Presidential Library and Museum Operating Fund. (m) In addition to any other transfers that may be provided for by law, on July 1, 2002, or as soon thereafter as may be practical, the State Comptroller shall direct and the State Treasurer shall transfer the sum of $1,200,000 from the General Revenue Fund to the Violence Prevention Fund. (Source: P.A. 91-25, eff. 6-9-99; 91-704, eff. 5-17-00; 92-11, eff. 6-11-01; 92-505, eff. 12-20-01.) (30 ILCS 105/13.2) (from Ch. 127, par. 149.2) Sec. 13.2. Transfers among line item appropriations. (a) Transfers among line item appropriations from the same treasury fund for the objects specified in this Section may be made in the manner provided in this Section when the balance remaining in one or more such line item appropriations is insufficient for the purpose for which the appropriation was made. No transfers may be made from one agency to another agency, nor may transfers be made from one institution of higher education to another institution of higher education. Transfers may be made only among the objects of expenditure enumerated in this Section, except that no funds may be transferred from any appropriation for personal services, from any appropriation for State contributions to the State Employees' Retirement System, from any separate appropriation for employee retirement contributions paid by the employer, nor from any appropriation for State contribution for employee group insurance. Further, if an agency receives a separate appropriation for employee retirement contributions paid by the employer, any transfer by that agency into an appropriation for personal services must be accompanied by a corresponding transfer into the appropriation for employee retirement contributions paid by the employer, in an amount sufficient to meet the employer share of the employee contributions required to be remitted to the retirement system. (b) In addition to the general transfer authority provided under subsection (c), the following agencies have the specific transfer authority granted in this subsection: The Illinois Department of Public Aid is authorized to make transfers representing savings attributable to not increasing grants due to the births of additional children from line items for payments of cash grants to line items for payments for employment and social services for the purposes outlined in subsection (f) of Section 4-2 of the Illinois Public Aid Code. The Department of Children and Family Services is authorized to make transfers not exceeding 2% of the aggregate amount appropriated to it within the same treasury fund for the following line items among these same line items: Foster Home and Specialized Foster Care and Prevention, Institutions and Group Homes and Prevention, and Purchase of Adoption and Guardianship Services. The Department on Aging is authorized to make transfers not exceeding 2% of the aggregate amount appropriated to it within the same treasury fund for the following Community Care Program line items among these same line items: Homemaker and Senior Companion Services, Case Coordination Units, and Adult Day Care Services. (c) The sum of such transfers for an agency in a fiscal year shall not exceed 2% of the aggregate amount appropriated to it within the same treasury fund for the following objects: Personal Services; Extra Help; Student and Inmate Compensation; State Contributions to Retirement Systems; State Contributions to Social Security; State Contribution for Employee Group Insurance; Contractual Services; Travel; Commodities; Printing; Equipment; Electronic Data Processing; Operation of Automotive Equipment; Telecommunications Services; Travel and Allowance for Committed, Paroled and Discharged Prisoners; Library Books; Federal Matching Grants for Student Loans; Refunds; Workers'
[June 1, 2002] 22 Compensation, Occupational Disease, and Tort Claims; and, in appropriations to institutions of higher education, Awards and Grants. Notwithstanding the above, any amounts appropriated for payment of workers' compensation claims to an agency to which the authority to evaluate, administer and pay such claims has been delegated by the Department of Central Management Services may be transferred to any other expenditure object where such amounts exceed the amount necessary for the payment of such claims. (c-1) Special provisions for State fiscal year 2003. Notwithstanding any other provision of this Section to the contrary, for State fiscal year 2003 only, transfers among line item appropriations to an agency from the same treasury fund may be made provided that the sum of such transfers for an agency in State fiscal year 2003 shall not exceed 3% of the aggregate amount appropriated to that State agency for State fiscal year 2003 for the following objects: personal services, except that no transfer may be approved which reduces the aggregate appropriations for personal services within an agency; extra help; student and inmate compensation; State contributions to retirement systems; State contributions to social security; State contributions for employee group insurance; contractual services; travel; commodities; printing; equipment; electronic data processing; operation of automotive equipment; telecommunications services; travel and allowance for committed, paroled, and discharged prisoners; library books; federal matching grants for student loans; refunds; workers' compensation, occupational disease, and tort claims; and, in appropriations to institutions of higher education, awards and grants. (d) Transfers among appropriations made to agencies of the Legislative and Judicial departments and to the constitutionally elected officers in the Executive branch require the approval of the officer authorized in Section 10 of this Act to approve and certify vouchers. Transfers among appropriations made to the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois Mathematics and Science Academy and the Board of Higher Education require the approval of the Board of Higher Education and the Governor. Transfers among appropriations to all other agencies require the approval of the Governor. The officer responsible for approval shall certify that the transfer is necessary to carry out the programs and purposes for which the appropriations were made by the General Assembly and shall transmit to the State Comptroller a certified copy of the approval which shall set forth the specific amounts transferred so that the Comptroller may change his records accordingly. The Comptroller shall furnish the Governor with information copies of all transfers approved for agencies of the Legislative and Judicial departments and transfers approved by the constitutionally elected officials of the Executive branch other than the Governor, showing the amounts transferred and indicating the dates such changes were entered on the Comptroller's records. (Source: P.A. 89-4, eff. 1-1-96; 89-641, eff. 8-9-96; 90-587, eff. 7-1-98.) Section 5-20. The Illinois Income Tax Act is amended by changing Section 901 as follows: (35 ILCS 5/901) (from Ch. 120, par. 9-901) Sec. 901. Collection Authority. (a) In general. The Department shall collect the taxes imposed by this Act. The Department shall collect certified past due child support amounts under Section 2505-650 of the Department of Revenue Law (20 ILCS 2505/2505-650). Except as provided in subsections (c) and (e) of this Section, money collected pursuant to subsections (a) and (b) of Section 201 of this Act shall be paid into the General Revenue Fund in the State treasury; money collected pursuant to subsections (c) and (d) of Section 201 of this Act shall be paid into the Personal Property Tax
23 [June 1, 2002] Replacement Fund, a special fund in the State Treasury; and money collected under Section 2505-650 of the Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid into the Child Support Enforcement Trust Fund, a special fund outside the State Treasury, or to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code, as directed by the Department of Public Aid. (b) Local Governmental Distributive Fund. Beginning August 1, 1969, and continuing through June 30, 1994, the Treasurer shall transfer each month from the General Revenue Fund to a special fund in the State treasury, to be known as the "Local Government Distributive Fund", an amount equal to 1/12 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of this Act during the preceding month. Beginning July 1, 1994, and continuing through June 30, 1995, the Treasurer shall transfer each month from the General Revenue Fund to the Local Government Distributive Fund an amount equal to 1/11 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of this Act during the preceding month. Beginning July 1, 1995, the Treasurer shall transfer each month from the General Revenue Fund to the Local Government Distributive Fund an amount equal to 1/10 of the net revenue realized from the tax imposed by subsections (a) and (b) of Section 201 of the Illinois Income Tax Act during the preceding month. Net revenue realized for a month shall be defined as the revenue from the tax imposed by subsections (a) and (b) of Section 201 of this Act which is deposited in the General Revenue Fund, the Educational Assistance Fund and the Income Tax Surcharge Local Government Distributive Fund during the month minus the amount paid out of the General Revenue Fund in State warrants during that same month as refunds to taxpayers for overpayment of liability under the tax imposed by subsections (a) and (b) of Section 201 of this Act. (c) Deposits Into Income Tax Refund Fund. (1) Beginning on January 1, 1989 and thereafter, the Department shall deposit a percentage of the amounts collected pursuant to subsections (a) and (b)(1), (2), and (3), of Section 201 of this Act into a fund in the State treasury known as the Income Tax Refund Fund. The Department shall deposit 6% of such amounts during the period beginning January 1, 1989 and ending on June 30, 1989. Beginning with State fiscal year 1990 and for each fiscal year thereafter, the percentage deposited into the Income Tax Refund Fund during a fiscal year shall be the Annual Percentage. For fiscal years 1999 through 2001, the Annual Percentage shall be 7.1%. For fiscal year 2003, the Annual Percentage shall be 8%. For all other fiscal years, the Annual Percentage shall be calculated as a fraction, the numerator of which shall be the amount of refunds approved for payment by the Department during the preceding fiscal year as a result of overpayment of tax liability under subsections (a) and (b)(1), (2), and (3) of Section 201 of this Act plus the amount of such refunds remaining approved but unpaid at the end of the preceding fiscal year, minus the amounts transferred into the Income Tax Refund Fund from the Tobacco Settlement Recovery Fund, and the denominator of which shall be the amounts which will be collected pursuant to subsections (a) and (b)(1), (2), and (3) of Section 201 of this Act during the preceding fiscal year; except that in State fiscal year 2002, the Annual Percentage shall in no event exceed 7.6%. The Director of Revenue shall certify the Annual Percentage to the Comptroller on the last business day of the fiscal year immediately preceding the fiscal year for which it is to be effective. (2) Beginning on January 1, 1989 and thereafter, the Department shall deposit a percentage of the amounts collected pursuant to subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act into a fund in the State treasury known as the Income Tax Refund Fund. The Department shall deposit 18% of such amounts during the period beginning January 1, 1989 and ending on June 30, 1989. Beginning with State fiscal year 1990 and for each fiscal year thereafter, the percentage deposited into the
[June 1, 2002] 24 Income Tax Refund Fund during a fiscal year shall be the Annual Percentage. For fiscal years 1999, 2000, and 2001, the Annual Percentage shall be 19%. For fiscal year 2003, the Annual Percentage shall be 27%. For all other fiscal years, the Annual Percentage shall be calculated as a fraction, the numerator of which shall be the amount of refunds approved for payment by the Department during the preceding fiscal year as a result of overpayment of tax liability under subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act plus the amount of such refunds remaining approved but unpaid at the end of the preceding fiscal year, and the denominator of which shall be the amounts which will be collected pursuant to subsections (a) and (b)(6), (7), and (8), (c) and (d) of Section 201 of this Act during the preceding fiscal year; except that in State fiscal year 2002, the Annual Percentage shall in no event exceed 23%. The Director of Revenue shall certify the Annual Percentage to the Comptroller on the last business day of the fiscal year immediately preceding the fiscal year for which it is to be effective. (3) The Comptroller shall order transferred and the Treasurer shall transfer from the Tobacco Settlement Recovery Fund to the Income Tax Refund Fund (i) $35,000,000 in January, 2001, (ii) $35,000,000 in January, 2002, and (iii) $35,000,000 in January, 2003. (d) Expenditures from Income Tax Refund Fund. (1) Beginning January 1, 1989, money in the Income Tax Refund Fund shall be expended exclusively for the purpose of paying refunds resulting from overpayment of tax liability under Section 201 of this Act, for paying rebates under Section 208.1 in the event that the amounts in the Homeowners' Tax Relief Fund are insufficient for that purpose, and for making transfers pursuant to this subsection (d). (2) The Director shall order payment of refunds resulting from overpayment of tax liability under Section 201 of this Act from the Income Tax Refund Fund only to the extent that amounts collected pursuant to Section 201 of this Act and transfers pursuant to this subsection (d) and item (3) of subsection (c) have been deposited and retained in the Fund. (3) As soon as possible after the end of each fiscal year, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Income Tax Refund Fund to the Personal Property Tax Replacement Fund an amount, certified by the Director to the Comptroller, equal to the excess of the amount collected pursuant to subsections (c) and (d) of Section 201 of this Act deposited into the Income Tax Refund Fund during the fiscal year over the amount of refunds resulting from overpayment of tax liability under subsections (c) and (d) of Section 201 of this Act paid from the Income Tax Refund Fund during the fiscal year. (4) As soon as possible after the end of each fiscal year, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Personal Property Tax Replacement Fund to the Income Tax Refund Fund an amount, certified by the Director to the Comptroller, equal to the excess of the amount of refunds resulting from overpayment of tax liability under subsections (c) and (d) of Section 201 of this Act paid from the Income Tax Refund Fund during the fiscal year over the amount collected pursuant to subsections (c) and (d) of Section 201 of this Act deposited into the Income Tax Refund Fund during the fiscal year. (4.5) As soon as possible after the end of fiscal year 1999 and of each fiscal year thereafter, the Director shall order transferred and the State Treasurer and State Comptroller shall transfer from the Income Tax Refund Fund to the General Revenue Fund any surplus remaining in the Income Tax Refund Fund as of the end of such fiscal year; excluding for fiscal years 2000, 2001, and 2002 amounts attributable to transfers under item (3) of subsection
25 [June 1, 2002] (c) less refunds resulting from the earned income tax credit. (5) This Act shall constitute an irrevocable and continuing appropriation from the Income Tax Refund Fund for the purpose of paying refunds upon the order of the Director in accordance with the provisions of this Section. (e) Deposits into the Education Assistance Fund and the Income Tax Surcharge Local Government Distributive Fund. On July 1, 1991, and thereafter, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of this Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 7.3% into the Education Assistance Fund in the State Treasury. Beginning July 1, 1991, and continuing through January 31, 1993, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 3.0% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. Beginning February 1, 1993 and continuing through June 30, 1993, of the amounts collected pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 4.4% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. Beginning July 1, 1993, and continuing through June 30, 1994, of the amounts collected under subsections (a) and (b) of Section 201 of this Act, minus deposits into the Income Tax Refund Fund, the Department shall deposit 1.475% into the Income Tax Surcharge Local Government Distributive Fund in the State Treasury. (Source: P.A. 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff. 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01.) Section 5-21. The Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 105/9) (from Ch. 120, par. 439.9) Sec. 9. Except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, each retailer required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. A retailer need not remit that part of any tax collected by him to the extent that he is required to remit and does remit the tax imposed by the Retailers' Occupation Tax Act, with respect to the sale of the same property. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the retailer, in collecting the tax (except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State), may collect for each tax return period, only the tax applicable to that part of the selling price actually received during such tax return period. Except as provided in this Section, on or before the twentieth day of each calendar month, such retailer shall file a return for the preceding calendar month. Such return shall be filed on forms prescribed by the Department and shall furnish such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be
[June 1, 2002] 26 filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505-210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is
27 [June 1, 2002] incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such
[June 1, 2002] 28 change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft,
29 [June 1, 2002] motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 3-55 of this Act, then that seller may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other
[June 1, 2002] 30 evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into
31 [June 1, 2002] the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the
[June 1, 2002] 32 Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place
33 [June 1, 2002] Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
[June 1, 2002] 34 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; revised 9-14-01.) Section 5-22. The Service Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 110/9) (from Ch. 120, par. 439.39) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable Rules and Regulations to be promulgated by the Department. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section
35 [June 1, 2002] 2505-210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where a serviceman collects the tax with respect to the selling price of property which he sells and the purchaser thereafter returns such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers' occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereunder shall also include the total tax upon the selling price of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Service Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the serviceman has more than one business registered with the
[June 1, 2002] 36 Department under separate registration hereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build
37 [June 1, 2002] Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of
[June 1, 2002] 38 the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
39 [June 1, 2002] serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the serviceman, in collecting the tax may collect, for each tax return period, only the tax applicable to the part of the selling price actually received during such tax return period. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable rules and regulations to be promulgated by the Department of Revenue. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. A serviceman may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. If the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any
[June 1, 2002] 40 serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505-210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Where a serviceman collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registrations hereunder, such serviceman shall file separate returns for each registered business.
41 [June 1, 2002] Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund the revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the
[June 1, 2002] 42 amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that
43 [June 1, 2002] fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
[June 1, 2002] 44 (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to a serviceman who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492, eff. 1-1-02; revised 9-14-01.) Section 5-24. The Retailers' Occupation Tax Act is amended by changing Section 3 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed;
45 [June 1, 2002] 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Beginning on October 1, 2002, a taxpayer who has a tax liability in the amount set forth in subsection (b) of Section 2505-210 of the Department of Revenue Law shall make all payments required by rules of the Department by electronic funds transfer. Before August 1 of each year beginning in 1993, the Department
[June 1, 2002] 46 shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 2-5 of this Act, then that seller may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section
47 [June 1, 2002] 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act
[June 1, 2002] 48 precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a
49 [June 1, 2002] return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer
[June 1, 2002] 50 shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. The provisions of this paragraph apply before October 1, 2001. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. The provisions of this paragraph apply on and after October 1, 2001. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes that average in excess of $20,000 per month during the preceding 4 complete calendar quarters shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which the liability is incurred. Each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of the quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until the taxpayer's average monthly prepaid tax collections during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarters is less than $20,000. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due.
51 [June 1, 2002] If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993:
[June 1, 2002] 52 Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000
53 [June 1, 2002] 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
[June 1, 2002] 54 the 6.25% general rate on the selling price of tangible personal property. Subject to payment of amounts into the Build Illinois Fund and
55 [June 1, 2002] Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-208, eff. 8-2-01; 92-484, eff. 8-23-01; 92-492, eff. 1-1-02; revised 9-14-01.) Section 5-25. The Hotel Operators' Occupation Tax Act is amended by changing Section 6 as follows: (35 ILCS 145/6) (from Ch. 120, par. 481b.36) Sec. 6. Except as provided hereinafter in this Section, on or before the last day of each calendar month, every person engaged in the business of renting, leasing or letting rooms in a hotel in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the operator; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of renting, leasing or letting rooms in a hotel in this State; 3. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms during such preceding calendar month;
[June 1, 2002] 56 4. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms to permanent residents during such preceding calendar month; 5. Total amount of other exclusions from gross rental receipts allowed by this Act; 6. Gross rental receipts which were received by him during the preceding calendar month and upon the basis of which the tax is imposed; 7. The amount of tax due; 8. Such other reasonable information as the Department may require. If the operator's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year, and with the return for October, November and December of a given year being due by January 31 of the following year. If the operator's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which an operator may file his return, in the case of any operator who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such operator shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where the same person has more than 1 business registered with the Department under separate registrations under this Act, such person shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In his return, the operator shall determine the value of any consideration other than money received by him in connection with the renting, leasing or letting of rooms in the course of his business and he shall include such value in his return. Such determination shall be subject to review and revision by the Department in the manner hereinafter provided for the correction of returns. Where the operator is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. The person filing the return herein provided for shall, at the time of filing such return, pay to the Department the amount of tax herein imposed. The operator filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% or $25 per calendar year, whichever is greater, which is allowed to reimburse the operator for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. There shall be deposited in the Build Illinois Fund in the State Treasury for each State fiscal year 40% of the amount of total net proceeds from the tax imposed by subsection (a) of Section 3. Of the remaining 60%, $5,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Subsidy Account each fiscal year by making monthly deposits in the amount of 1/8 of $5,000,000 plus cumulative deficiencies in such deposits for prior months, and an additional $8,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Advance Account each fiscal year by making monthly deposits in the amount of 1/8 of $8,000,000 plus any cumulative deficiencies in such deposits for prior months; provided,
57 [June 1, 2002] that for fiscal years ending after June 30, 2001, the amount to be so deposited into the Illinois Sports Facilities Fund and credited to the Advance Account each fiscal year shall be increased from $8,000,000 to the then applicable Advance Amount and the required monthly deposits beginning with July 2001 shall be in the amount of 1/8 of the then applicable Advance Amount plus any cumulative deficiencies in those deposits for prior months. (The deposits of the additional $8,000,000 or the then applicable Advance Amount, as applicable, during each fiscal year shall be treated as advances of funds to the Illinois Sports Facilities Authority for its corporate purposes to the extent paid to the Authority or its trustee and shall be repaid into the General Revenue Fund in the State Treasury by the State Treasurer on behalf of the Authority pursuant to Section 19 of the Illinois Sports Facilities Authority Act, as amended. If in any fiscal year the full amount of the then applicable Advance Amount is not repaid into the General Revenue Fund, then the deficiency shall be paid from the amount in the Local Government Distributive Fund that would otherwise be allocated to the City of Chicago under the State Revenue Sharing Act.) For purposes of the foregoing paragraph, the term "Advance Amount" means, for fiscal year 2002, $22,179,000, and for subsequent fiscal years through fiscal year 2032, 105.615% of the Advance Amount for the immediately preceding fiscal year, rounded up to the nearest $1,000. Of the remaining 60% of the amount of total net proceeds from the tax imposed by subsection (a) of Section 3 after all required deposits in the Illinois Sports Facilities Fund, the amount equal to 8% of the net revenue realized from the Hotel Operators' Occupation Tax Act plus an amount equal to 8% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority Act during the preceding month shall be deposited in the Local Tourism Fund each month for purposes authorized by Section 605-705 of the Department of Commerce and Community Affairs Law (20 ILCS 605/605-705) in the Local Tourism Fund, and beginning August 1, 1999 the amount equal to 4.5%
[June 1, 2002] 58 Penalty and Interest Act until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to an operator who is not required to file an income tax return with the United States Government. (Source: P.A. 91-239, eff. 1-1-00; 91-604, eff. 8-16-99; 91-935, eff. 6-1-01; 92-16, eff. 6-28-01.) Section 5-30. The Public Utilities Act is amended by adding Section 2-203 as follows: (220 ILCS 5/2-203 new) Sec. 2-203. Public Utility Fund base maintenance contribution. For each of the years 2003 through 2008, each electric utility as defined in Section 16-102 of this Act providing service to more than 12,500 customers in this State on January 1, 1995 shall contribute annually a pro rata share of a total amount of $5,500,000 based upon the number of kilowatt-hours delivered to retail customers within this State by each such electric utility in the 12 months preceding the year of contribution. On or before May 1 of each year, the Illinois Commerce Commission shall determine and notify the Illinois Department of Revenue of the pro rata share owed by each electric utility based upon information supplied annually to the Commission. On or before June 1 of each year, the Department of Revenue shall send written notification to each electric utility of the amount of pro rata share they owe. These contributions shall be remitted to the Department of Revenue no earlier that July 1 and no later than July 31 of each year the contribution is due on a return prescribed and furnished by the Department of Revenue showing such information as the Department of Revenue may reasonably require. The Department of Revenue shall place the funds remitted under this Section in the Public Utility Fund in the State treasury. The funds received pursuant to this Section shall be subject to appropriation by the General Assembly. If an electric utility does not remit its pro rata share to the Department of Revenue, the Department of Revenue must inform the Illinois Commerce Commission of such failure. The Illinois Commerce Commission may then revoke the certification of that electric utility. This Section is repealed on January 1, 2009. Section 5-35. The Riverboat Gambling Act is amended by changing Sections 4 and 7 as follows: (230 ILCS 10/4) (from Ch. 120, par. 2404) Sec. 4. Definitions. As used in this Act: (a) "Board" means the Illinois Gaming Board. (b) "Occupational license" means a license issued by the Board to a person or entity to perform an occupation which the Board has identified as requiring a license to engage in riverboat gambling in Illinois. (c) "Gambling game" includes, but is not limited to, baccarat, twenty-one, poker, craps, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or pull tab which is authorized by the Board as a wagering device under this Act. (d) "Riverboat" means a self-propelled excursion boat,
59 [June 1, 2002] the riverboat. (g) "Gross receipts" means the total amount of money exchanged for the purchase of chips, tokens or electronic cards by riverboat patrons. (h) "Adjusted gross receipts" means the gross receipts less winnings paid to wagerers. (i) "Cheat" means to alter the selection of criteria which determine the result of a gambling game or the amount or frequency of payment in a gambling game. (j) "Department" means the Department of Revenue. (k) "Gambling operation" means the conduct of authorized gambling games upon a riverboat. (Source: P.A. 91-40, eff. 6-25-99.) (230 ILCS 10/7) (from Ch. 120, par. 2407) Sec. 7. Owners Licenses. (a) The Board shall issue owners licenses to persons, firms or corporations which apply for such licenses upon payment to the Board of the non-refundable license fee set by the Board, upon payment of a $25,000 license fee for the first year of operation and a $5,000 license fee for each succeeding year and upon a determination by the Board that the applicant is eligible for an owners license pursuant to this Act and the rules of the Board. A person, firm or corporation is ineligible to receive an owners license if: (1) the person has been convicted of a felony under the laws of this State, any other state, or the United States; (2) the person has been convicted of any violation of Article 28 of the Criminal Code of 1961, or substantially similar laws of any other jurisdiction; (3) the person has submitted an application for a license under this Act which contains false information; (4) the person is a member of the Board; (5) a person defined in (1), (2), (3) or (4) is an officer, director or managerial employee of the firm or corporation; (6) the firm or corporation employs a person defined in (1), (2), (3) or (4) who participates in the management or operation of gambling operations authorized under this Act; (7) (blank); or (8) a license of the person, firm or corporation issued under this Act, or a license to own or operate gambling facilities in any other jurisdiction, has been revoked. (b) In determining whether to grant an owners license to an applicant, the Board shall consider: (1) the character, reputation, experience and financial integrity of the applicants and of any other or separate person that either: (A) controls, directly or indirectly, such applicant, or (B) is controlled, directly or indirectly, by such applicant or by a person which controls, directly or indirectly, such applicant; (2) the facilities or proposed facilities for the conduct of riverboat gambling; (3) the highest prospective total revenue to be derived by the State from the conduct of riverboat gambling; (4) the good faith affirmative action plan of each applicant to recruit, train and upgrade minorities in all employment classifications; (5) the financial ability of the applicant to purchase and maintain adequate liability and casualty insurance; (6) whether the applicant has adequate capitalization to provide and maintain, for the duration of a license, a riverboat; and (7) the extent to which the applicant exceeds or meets other standards for the issuance of an owners license which the Board may adopt by rule. (c) Each owners license shall specify the place where riverboats shall operate and dock. (d) Each applicant shall submit with his application, on forms
[June 1, 2002] 60 provided by the Board, 2 sets of his fingerprints. (e) The Board may issue up to 10 licenses authorizing the holders of such licenses to own riverboats. In the application for an owners license, the applicant shall state the dock at which the riverboat is based and the water on which the riverboat will be located. The Board shall issue 5 licenses to become effective not earlier than January 1, 1991. Three of such licenses shall authorize riverboat gambling on the Mississippi River, one of which shall authorize riverboat gambling from a home dock in the city of East St. Louis, and one of which shall authorize riverboat gambling on the Mississippi River or in a municipality that (1) borders on the Mississippi River or is within 5 miles of the city limits of a municipality that borders on the Mississippi River and (2) on the effective date of this amendatory Act of the 92nd General Assembly has a riverboat conducting riverboat gambling operations pursuant to a license issued under this Act. One other license shall authorize riverboat gambling on the Illinois River south of Marshall County. The Board shall issue one
61 [June 1, 2002] in a municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality. The Board may issue a license authorizing a riverboat to dock in areas of a county outside any municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the county has by a majority vote approved of the docking of riverboats within such areas. (Source: P.A. 91-40, eff. 6-25-99.) Section 5-40. The Unified Code of Corrections is amended by changing Section 5-4-3 as follows: (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3) Sec. 5-4-3. Persons convicted of, or found delinquent for, qualifying offenses or institutionalized as sexually dangerous; blood specimens; genetic marker groups. (a) Any person convicted of, found guilty under the Juvenile Court Act of 1987 for, or who received a disposition of court supervision for, a qualifying offense or attempt of a qualifying offense, or institutionalized as a sexually dangerous person under the Sexually Dangerous Persons Act, or committed as a sexually violent person under the Sexually Violent Persons Commitment Act shall, regardless of the sentence or disposition imposed, be required to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section, provided such person is: (1) convicted of a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1989, and sentenced to a term of imprisonment, periodic imprisonment, fine, probation, conditional discharge or any other form of sentence, or given a disposition of court supervision for the offense, or (1.5) found guilty or given supervision under the Juvenile Court Act of 1987 for a qualifying offense or attempt of a qualifying offense on or after the effective date of this amendatory Act of 1996, or (2) ordered institutionalized as a sexually dangerous person on or after the effective date of this amendatory Act of 1989, or (3) convicted of a qualifying offense or attempt of a qualifying offense before the effective date of this amendatory Act of 1989 and is presently confined as a result of such conviction in any State correctional facility or county jail or is presently serving a sentence of probation, conditional discharge or periodic imprisonment as a result of such conviction, or (4) presently institutionalized as a sexually dangerous person or presently institutionalized as a person found guilty but mentally ill of a sexual offense or attempt to commit a sexual offense; or (4.5) ordered committed as a sexually violent person on or after the effective date of the Sexually Violent Persons Commitment Act; or (5) seeking transfer to or residency in Illinois under Sections 3-3-11 through 3-3-11.5 of the Unified Code of Corrections (Interstate Compact for the Supervision of Parolees and Probationers) or the Interstate Agreements on Sexually Dangerous Persons Act. (a-5) Any person who was otherwise convicted of or received a disposition of court supervision for any other offense under the Criminal Code of 1961 or any offense classified as a felony under Illinois law or who was found guilty or given supervision for such a violation under the Juvenile Court Act of 1987, may, regardless of the sentence imposed, be required by an order of the court to submit specimens of blood to the Illinois Department of State Police in accordance with the provisions of this Section. (b) Any person required by paragraphs (a)(1), (a)(1.5), (a)(2), and (a-5) to provide specimens of blood shall provide specimens of blood within 45 days after sentencing or disposition at a collection
[June 1, 2002] 62 site designated by the Illinois Department of State Police. (c) Any person required by paragraphs (a)(3), (a)(4), and (a)(4.5) to provide specimens of blood shall be required to provide such samples prior to final discharge, parole, or release at a collection site designated by the Illinois Department of State Police. (c-5) Any person required by paragraph (a)(5) to provide specimens of blood shall, where feasible, be required to provide the specimens before being accepted for conditioned residency in Illinois under the interstate compact or agreement, but no later than 45 days after arrival in this State. (d) The Illinois Department of State Police shall provide all equipment and instructions necessary for the collection of blood samples. The collection of samples shall be performed in a medically approved manner. Only a physician authorized to practice medicine, a registered nurse or other qualified person trained in venipuncture may withdraw blood for the purposes of this Act. The samples shall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings. (d-5) To the extent that funds are available, the Illinois Department of State Police shall contract with qualified personnel and certified laboratories for the collection, analysis, and categorization of known samples. (e) The genetic marker groupings shall be maintained by the Illinois Department of State Police, Division of Forensic Services. (f) The genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies. Notwithstanding any other statutory provision to the contrary, all information obtained under this Section shall be maintained in a single State data base, which may be uploaded into a national database, and may not be subject to expungement. (g) For the purposes of this Section, "qualifying offense" means any of the following: (1) Any violation or inchoate violation of Section 11-6, 11-9.1, 11-11, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-33 of the Criminal Code of 1961, or (1.1) Any violation or inchoate violation of Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which persons are convicted on or after July 1, 2001, or (2) Any former statute of this State which defined a felony sexual offense, or (3) Any violation of paragraph (10) of subsection (b) of Section 10-5 of the Criminal Code of 1961 when the sentencing court, upon a motion by the State's Attorney or Attorney General, makes a finding that the child luring involved an intent to commit sexual penetration or sexual conduct as defined in Section 12-12 of the Criminal Code of 1961, or (4) Any violation or inchoate violation of Section 9-3.1, 11-9.3, 12-3.3, 12-4.2, 12-4.3, 12-7.3, 12-7.4, 18-5, 19-3, 20-1.1, or 20.5-5 of the Criminal Code of 1961. (g-5) The Department of State Police is not required to provide equipment to collect or to accept or process blood specimens from individuals convicted of any offense listed in paragraph (1.1) or (4) of subsection (g), until acquisition of the resources necessary to process such blood specimens, or in the case of paragraph (1.1) of subsection (g) until July 1, 2003, whichever is earlier. Upon acquisition of necessary resources, including an appropriation for the purpose of implementing this amendatory Act of the 91st General Assembly, but in the case of paragraph (1.1) of subsection (g) no later than July 1, 2003, the Department of State Police shall notify the
63 [June 1, 2002] Department of Corrections, the Administrative Office of the Illinois Courts, and any other entity deemed appropriate by the Department of State Police, to begin blood specimen collection from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g) that the Department is prepared to provide collection equipment and receive and process blood specimens from individuals convicted of offenses enumerated in paragraph (1.1) of subsection (g). Until the Department of State Police provides notification, designated collection agencies are not required to collect blood specimen from individuals convicted of offenses enumerated in paragraphs (1.1) and (4) of subsection (g). (h) The Illinois Department of State Police shall be the State central repository for all genetic marker grouping analysis information obtained pursuant to this Act. The Illinois Department of State Police may promulgate rules for the form and manner of the collection of blood samples and other procedures for the operation of this Act. The provisions of the Administrative Review Law shall apply to all actions taken under the rules so promulgated. (i) A person required to provide a blood specimen shall cooperate with the collection of the specimen and any deliberate act by that person intended to impede, delay or stop the collection of the blood specimen is a Class A misdemeanor. (j) Any person required by subsection (a) to submit specimens of blood to the Illinois Department of State Police for analysis and categorization into genetic marker grouping, in addition to any other disposition, penalty, or fine imposed, shall pay an analysis fee of $500. Upon verified petition of the person, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee. (k) All analysis and categorization fees provided for by subsection (j) shall be regulated as follows: (1) The State Offender DNA Identification System Fund is hereby created as a special fund in the State Treasury. (2) All fees shall be collected by the clerk of the court and forwarded to the State Offender DNA Identification System Fund for deposit. The clerk of the circuit court may retain the amount of $10 from each collected analysis fee to offset administrative costs incurred in carrying out the clerk's responsibilities under this Section. (3) Fees deposited into the State Offender DNA Identification System Fund shall be used by Illinois State Police crime laboratories as designated by the Director of State Police. These funds shall be in addition to any allocations made pursuant to existing laws and shall be designated for the exclusive use of State crime laboratories. These uses may include, but are not limited to, the following: (A) Costs incurred in providing analysis and genetic marker categorization as required by subsection (d). (B) Costs incurred in maintaining genetic marker groupings as required by subsection (e). (C) Costs incurred in the purchase and maintenance of equipment for use in performing analyses. (D) Costs incurred in continuing research and development of new techniques for analysis and genetic marker categorization. (E) Costs incurred in continuing education, training, and professional development of forensic scientists regularly employed by these laboratories. (l) The failure of a person to provide a specimen, or of any person or agency to collect a specimen, within the 45 day period shall in no way alter the obligation of the person to submit such specimen, or the authority of the Illinois Department of State Police or persons designated by the Department to collect the specimen, or the authority of the Illinois Department of State Police to accept, analyze and maintain the specimen or to maintain or upload results of genetic marker grouping analysis information into a State or national database.
[June 1, 2002] 64 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01; 92-40, eff. 6-29-01.) Article 10 Section 10-2. The Illinois Promotion Act is amended by changing Section 4b as follows: (20 ILCS 665/4b) Sec. 4b. Coordinating Committee. There is created a Coordinating Committee of State agencies involved with tourism in the State of Illinois. The Committee shall consist of the Director of Commerce and Community Affairs as chairman, the Lieutenant Governor, the Secretary of Transportation or his or her designee, and the head executive officer or his or her designee of the following: the Lincoln Presidential Library
65 [June 1, 2002] "Lincoln Presidential Library" means the Abraham Lincoln Presidential Library and Museum; (f) "Library Director" means the Director of the Lincoln Presidential Library; and (g) "Historic Sites and Preservation Division" means that part of the Agency that is headed by the Director of Historic Sites and Preservation. (Source: P.A. 84-25.) (20 ILCS 3405/4) (from Ch. 127, par. 2704) Sec. 4. The Board shall be responsible for setting and determining policy for the Agency. The Agency shall consist of: (1) an Abraham Lincoln Presidential Library and Museum and (2) a Historic Sites and Preservation Division. Except as otherwise provided in this Act, any reference in any other Act to the Historic Preservation Agency shall be deemed to be a reference to the Historic Sites and Preservation Division and any reference to the Director of Historic Preservation shall be deemed to be a reference to the Director of Historic Sites and Preservation, unless the context clearly indicates otherwise.
[June 1, 2002] 66 Sec. 6. Jurisdiction. The Historic Sites and Preservation Division of the Agency shall have jurisdiction over the following described areas which are hereby designated as State Historic Sites, State Memorials, and Miscellaneous Properties: State Historic Sites Bishop Hill State Historic Site, Henry County; Black Hawk State Historic Site, Rock Island County; Bryant Cottage State Historic Site, Piatt County; Buel House, Pope County; Cahokia Courthouse State Historic Site, St. Clair County; Cahokia Mounds State Historic Site, in Madison and St. Clair Counties (however, the Illinois State Museum shall act as curator of artifacts pursuant to the provisions of the Archaeological and Paleontological Resources Protection Act); Dana-Thomas House State Historic Site, Sangamon County; David Davis Mansion State Historic Site, McLean County; Douglas Tomb State Historic Site, Cook County; Fort de Chartres State Historic Site, Randolph County; Fort Kaskaskia State Historic Site, Randolph County; Grand Village of the Illinois, LaSalle County; U. S. Grant Home State Historic Site, Jo Daviess County; Hotel Florence, Cook County; Jarrot Mansion State Historic Site, St. Clair County; Jubilee College State Historic Site, Peoria County; Lincoln-Herndon Law Offices State Historic Site, Sangamon County; Lincoln Log Cabin State Historic Site, Coles County; Lincoln's New Salem State Historic Site, Menard County; Lincoln Tomb State Historic Site, Sangamon County; Pierre Menard Home State Historic Site, Randolph County;
67 [June 1, 2002] (20 ILCS 3405/11) (from Ch. 127, par. 2711) Sec. 11. The Historic Sites and Preservation Division of the Agency shall exercise all rights, powers and duties vested in the Department of Conservation by the "Illinois Historic Preservation Act", approved August 14, 1976, as amended. (Source: P.A. 84-25.) (20 ILCS 3405/12) (from Ch. 127, par. 2712) Sec. 12. The Historic Sites and Preservation Division of the Agency shall exercise all rights, powers and duties vested in the Department of Conservation by Section 63a34 of the Civil Administrative Code of Illinois (renumbered; now Section 805-220 of the Department of Natural Resources (Conservation) Law, 20 ILCS 805/805-220). (Source: P.A. 91-239, eff. 1-1-00.) (20 ILCS 3405/13) (from Ch. 127, par. 2713) Sec. 13. The Historic Sites and Preservation Division of the Agency shall exercise all rights, powers and duties vested in the Department of Conservation by "An Act relating to the planning, acquisition and development of outdoor recreation resources and facilities, and authorizing the participation by the State of Illinois its political subdivisions and qualified participants in programs of Federal assistance relating thereto", approved July 6, 1965, as amended, solely as it relates to the powers, rights, duties and obligations heretofore exercised by the Department of Conservation over historically significant properties and interests of the State. (Source: P.A. 84-25.) (20 ILCS 3405/14) (from Ch. 127, par. 2714) Sec. 14. The Historic Sites and Preservation Division of the Agency shall exercise all rights, powers and duties set forth in Sections 10-40 through 10-85 of the Property Tax Code. (Source: P.A. 88-670, eff. 12-2-94.) (20 ILCS 3405/15) (from Ch. 127, par. 2715) Sec. 15. The Historic Sites and Preservation Division of the Agency shall exercise all rights, powers and duties vested in the Department of Conservation by Section 4-201.5 of the "Illinois Highway Code", approved June 8, 1959, as amended, solely as it relates to access to historic sites and memorials designated pursuant to this Act. (Source: P.A. 84-25.) (20 ILCS 3405/16) (from Ch. 127, par. 2716) Sec. 16. The Historic Sites and Preservation Division of the Agency shall have the following additional powers: (a) To hire agents and employees necessary to carry out the duties and purposes of the Historic Sites and Preservation Division of the Agency. (b) To take all measures necessary to erect, maintain, preserve, restore, and conserve all State Historic Sites and State Memorials, except when supervision and maintenance is otherwise provided by law. This authorization includes the power, with the consent of the Board, to enter into contracts, acquire and dispose of real and personal property, and enter into leases of real and personal property. (c) To provide recreational facilities including camp sites, lodges and cabins, trails, picnic areas and related recreational facilities at all sites under the jurisdiction of the Agency. (d) To lay out, construct and maintain all needful roads, parking areas, paths or trails, bridges, camp or lodge sites, picnic areas, lodges and cabins, and any other structures and improvements necessary and appropriate in any State historic site or easement thereto; and to provide water supplies, heat and light, and sanitary facilities for the public and living quarters for the custodians and keepers of State historic sites. (e) To grant licenses and rights-of-way within the areas controlled by the Historic Sites and Preservation Division of the Agency for the construction, operation and maintenance upon, under or across the property, of facilities for water, sewage, telephone, telegraph, electric, gas, or other public service, subject to the terms and conditions as may be determined by the Agency. (f) To authorize the officers, employees and agents of the
[June 1, 2002] 68 Historic Sites and Preservation Division of the Agency, for the purposes of investigation and to exercise the rights, powers, and duties vested and that may be vested in it, to enter and cross all lands and waters in this State, doing no damage to private property. (g) To transfer jurisdiction of or exchange any realty under the control of the Historic Sites and Preservation Division of the Agency to any other Department of the State Government, or to any agency of the Federal Government, or to acquire or accept Federal lands, when any transfer, exchange, acquisition or acceptance is advantageous to the State and is approved in writing by the Governor. (h) To erect, supervise, and maintain all public monuments and memorials erected by the State, except when the supervision and maintenance of public monuments and memorials is otherwise provided by law. (i) To accept, hold, maintain, and administer, as trustee, property given in trust for educational or historic purposes for the benefit of the People of the State of Illinois and to dispose, with the consent of the Board, of any property under the terms of the instrument creating the trust. (j) To lease concessions on any property under the jurisdiction of the Agency for a period not exceeding 25 years and to lease a concession complex at Lincoln's New Salem State Historic Site for which a cash incentive has been authorized under Section 5.1 of the Historic Preservation Agency Act for a period not to exceed 40 years. All leases, for whatever period, shall be made subject to the written approval of the Governor. All concession leases extending for a period in excess of 10 years, will contain provisions for the Agency to participate, on a percentage basis, in the revenues generated by any concession operation. (k) To sell surplus agricultural products grown on land owned by or under the jurisdiction of the Historic Sites and Preservation Division of the Agency, when the products cannot be used by the Agency. (l) To enforce the laws of the State and the rules and regulations of the Agency in or on any lands owned, leased, or managed by the Historic Sites and Preservation Division of the Agency. (m) To cooperate with private organizations and agencies of the State of Illinois by providing areas and the use of staff personnel where feasible for the sale of publications on the historic and cultural heritage of the State and craft items made by Illinois craftsmen. These sales shall not conflict with existing concession agreements. The Historic Sites and Preservation Division of the Agency is authorized to negotiate with the organizations and agencies for a portion of the monies received from sales to be returned to the Historic Sites and Preservation Division of the Agency's Historic Sites Fund for the furtherance of interpretive and restoration programs. (n) To establish local bank or savings and loan association accounts, upon the written authorization of the Director, to temporarily hold income received at any of its properties. The local accounts established under this Section shall be in the name of the Historic Preservation Agency and shall be subject to regular audits. The balance in a local bank or savings and loan association account shall be forwarded to the Agency for deposit with the State Treasurer on Monday of each week if the amount to be deposited in a fund exceeds $500. No bank or savings and loan association shall receive public funds as permitted by this Section, unless it has complied with the requirements established under Section 6 of the Public Funds Investment Act. (o) To accept, with the consent of the Board, offers of gifts, gratuities, or grants from the federal government, its agencies, or offices, or from any person, firm, or corporation. (p) To make reasonable rules and regulations as may be necessary to discharge the duties of the Agency. (q) With appropriate cultural organizations, to further and advance the goals of the Agency. (r) To make grants for the purposes of planning, survey,
69 [June 1, 2002] rehabilitation, restoration, reconstruction, landscaping, and acquisition of Illinois properties (i) designated individually in the National Register of Historic Places, (ii) designated as a landmark under a county or municipal landmark ordinance, or (iii) located within a National Register of Historic Places historic district or a locally designated historic district when the Director determines that the property is of historic significance whenever an appropriation is made therefor by the General Assembly or whenever gifts or grants are received for that purpose and to promulgate regulations as may be necessary or desirable to carry out the purposes of the grants. Grantees may, as prescribed by rule, be required to provide matching funds for each grant. Grants made under this subsection shall be known as Illinois Heritage Grants. Every owner of a historic property, or the owner's agent, is eligible to apply for a grant under this subsection. (s) To establish and implement a pilot program for charging admission to State historic sites. Fees may be charged for special events, admissions, and parking or any combination; fees may be charged at all sites or selected sites. All fees shall be deposited into the Illinois Historic Sites Fund. The Historic Sites and Preservation Division of the Agency shall have the discretion to set and adjust reasonable fees at the various sites, taking into consideration various factors including but not limited to: cost of services furnished to each visitor, impact of fees on attendance and tourism and the costs expended collecting the fees. The Agency shall keep careful records of the income and expenses resulting from the imposition of fees, shall keep records as to the attendance at each historic site, and shall report to the Governor and General Assembly by January 31 after the close of each year. The report shall include information on costs, expenses, attendance, comments by visitors, and any other information the Agency may believe pertinent, including: (1) Recommendations as to whether fees should be continued at each State historic site. (2) How the fees should be structured and imposed. (3) Estimates of revenues and expenses associated with each site.
[June 1, 2002] 70
71 [June 1, 2002] (c) Report annually to the Governor, the General Assembly, and the Board of the Historic Preservation Agency on the status of the Lincoln Presidential Library and its programs. (20 ILCS 3405/33 new) Sec. 33. Administration of the Lincoln Presidential Library. The Governor, with the advice and consent of the Senate, shall appoint a Library Director of the Lincoln Presidential Library. The Library Director shall serve at the pleasure of the Governor. The Library Director shall, subject to applicable provisions of law, execute and discharge the powers and duties of the Lincoln Presidential Library and implement the policies set by the Board. The Library Director, with the concurrence of the Board, shall appoint: (a) a Library Facilities Operations Director; and (b) a Director of the Illinois State Historical Library. Subject to concurrence by the Board, the Library Director shall appoint those other employees of the Lincoln Presidential Library and the Illinois State Historical Library as he or she deems appropriate and shall fix the compensation of the Library Facilities Operations Director, the Director of the Illinois State Historical Library, and other employees. The Library Director, with the approval of the Board, may establish and collect admission and registration fees, may operate a gift shop, and may publish and sell educational and informational materials. (20 ILCS 3405/34 new) Sec. 34. Internal Auditor. There is created the Office of the Internal Auditor of the Historic Preservation Agency. The Internal Auditor shall be appointed by the Board, shall serve at the pleasure of the Board, and shall report to the Board. The Internal Auditor shall audit and maintain the financial books, records, papers, and transactions of the Lincoln Presidential Library and the Historic Sites and Preservation Division of the Historic Preservation Agency. The Internal Auditor shall prepare an annual report for each fiscal year of the operations of the Historic Preservation Agency, which shall be submitted to the Board, the General Assembly, and the Governor. Nothing in this Section shall abridge the authority of the Illinois Auditor General to independently audit the Illinois Historic Preservation Agency or any of the libraries, divisions, or offices contained within the Agency. (20 ILCS 3405/18 rep.) Section 10-10. The Historic Preservation Agency Act is amended by repealing Section 18. Section 10-12. The Illinois Historic Preservation Act is amended by changing Section 3 as follows: (20 ILCS 3410/3) (from Ch. 127, par. 133d3) Sec. 3. There is recognized and established hereunder the Illinois Historic Sites Advisory Council, previously established pursuant to Federal regulations, hereafter called the Council. The Council shall consist of 15 members. Of these, there shall be at least 3 historians, at least 3 architectural historians, or architects with a preservation background, and at least 3 archeologists. The remaining 6 members shall be drawn from supporting fields and have a preservation interest. Supporting fields shall include but not be limited to historical geography, law, urban planning, local government officials, and members of other preservation commissions. All shall be appointed by the Director of Historic Sites and Preservation, with the consent of the Board. The Council Chairperson shall be appointed by the Director of Historic Sites and Preservation from the Council membership and shall serve at the Director's pleasure. The Director of the Lincoln Presidential Library and
[June 1, 2002] 72 meetings may be held at the call of the chairperson or at the call of the Director. Members shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their duties. (Source: P.A. 84-25.) Section 10-14. The Historical Sites Listing Act is amended by changing Sections 1, 2, and 3 as follows: (20 ILCS 3415/1) (from Ch. 128, par. 31) Sec. 1. Any person or State or local governmental agency owning a site of general historical interest or having the written consent of the owner of such a site may apply to the Historic Preservation Agency
73 [June 1, 2002] other library, school or historical society, and to distribute volumes of collections for review purposes
[June 1, 2002] 74 substituted for the original when in the judgment of such county board the same may be deemed necessary. (Source: P.A. 84-25.) (55 ILCS 120/2) (from Ch. 128, par. 19) Sec. 2. The officer having the custody of such papers, drawings, maps, writings and records shall permit search to be made at all reasonable hours and under his supervision for such as may be deemed of historic interest. Whenever so directed by the county board in the manner prescribed in the foregoing section such officer shall deliver the same to the trustee, directors or librarian or other officer of the Historic Preservation Agency
75 [June 1, 2002] of Natural History, Museum of Science and Industry, DuSable Museum of African American History, John G. Shedd Aquarium and Adler Planetarium, or at Lakeview Museum of Arts and Sciences in Peoria, or in connection with the operation of the facilities of the Chicago Zoological Society or the Chicago Horticultural Society on land owned by the Forest Preserve District of Cook County, or on any land used for a golf course or for recreational purposes owned by the Forest Preserve District of Cook County, subject to the control of the Forest Preserve District Board of Commissioners and applicable local law, provided that dram shop liability insurance is provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage, and harm, or in any building located on land owned by the Chicago Park District if approved by the Park District Commissioners, or on any land used for a golf course or for recreational purposes and owned by the Illinois International Port District if approved by the District's governing board, or at any airport, golf course, faculty center, or facility in which conference and convention type activities take place belonging to or under control of any State university or public community college district, provided that with respect to a facility for conference and convention type activities alcoholic liquors shall be limited to the use of the convention or conference participants or participants in cultural, political or educational activities held in such facilities, and provided further that the faculty or staff of the State university or a public community college district, or members of an organization of students, alumni, faculty or staff of the State university or a public community college district are active participants in the conference or convention, or in Memorial Stadium on the campus of the University of Illinois at Urbana-Champaign during games in which the Chicago Bears professional football team is playing in that stadium during the renovation of Soldier Field, not more than one and a half hours before the start of the game and not after the end of the third quarter of the game, or by a catering establishment which has rented facilities from a board of trustees of a public community college district, or, if approved by the District board, on land owned by the Metropolitan Sanitary District of Greater Chicago and leased to others for a term of at least 20 years. Nothing in this Section precludes the sale or delivery of alcoholic liquor in the form of original packaged goods in premises located at 500 S. Racine in Chicago belonging to the University of Illinois and used primarily as a grocery store by a commercial tenant during the term of a lease that predates the University's acquisition of the premises; but the University shall have no power or authority to renew, transfer, or extend the lease with terms allowing the sale of alcoholic liquor; and the sale of alcoholic liquor shall be subject to all local laws and regulations. After the acquisition by Winnebago County of the property located at 404 Elm Street in Rockford, a commercial tenant who sold alcoholic liquor at retail on a portion of the property under a valid license at the time of the acquisition may continue to do so for so long as the tenant and the County may agree under existing or future leases, subject to all local laws and regulations regarding the sale of alcoholic liquor. Each facility shall provide dram shop liability in maximum insurance coverage limits so as to save harmless the State, municipality, State university, airport, golf course, faculty center, facility in which conference and convention type activities take place, park district, Forest Preserve District, public community college district, aquarium, museum, or sanitary district from all financial loss, damage or harm. Alcoholic liquors may be sold at retail in buildings of golf courses owned by municipalities in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Alcoholic liquors may be delivered to and sold at retail in any building owned by a fire protection district organized under the Fire Protection District Act, provided that such delivery and sale is approved by the board of trustees of the district, and provided further that such delivery and sale is limited to fundraising events and to a maximum of 6 events per year. Alcoholic liquor may be delivered to and sold at retail in the
[June 1, 2002] 76 Dorchester Senior Business Center owned by the Village of Dolton if the alcoholic liquor is sold or dispensed only in connection with organized functions for which the planned attendance is 20 or more persons, and if the person or facility selling or dispensing the alcoholic liquor has provided dram shop liability insurance in maximum limits so as to hold harmless the Village of Dolton and the State from all financial loss, damage and harm. Alcoholic liquors may be delivered to and sold at retail in any building used as an Illinois State Armory provided: (i) the Adjutant General's written consent to the issuance of a license to sell alcoholic liquor in such building is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions; (iii) the organized function is one for which the planned attendance is 25 or more persons; and (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to save harmless the facility and the State from all financial loss, damage or harm. Alcoholic liquors may be delivered to and sold at retail in the Chicago Civic Center, provided that: (i) the written consent of the Public Building Commission which administers the Chicago Civic Center is filed with the Commission; (ii) the alcoholic liquor is sold or dispensed only in connection with organized functions held on special occasions; (iii) the organized function is one for which the planned attendance is 25 or more persons; (iv) the facility selling or dispensing the alcoholic liquors has provided dram shop liability insurance in maximum limits so as to hold harmless the Civic Center, the City of Chicago and the State from all financial loss, damage or harm; and (v) all applicable local ordinances are complied with. Alcoholic liquors may be delivered or sold in any building belonging to or under the control of any city, village or incorporated town where more than 75% of the physical properties of the building is used for commercial or recreational purposes, and the building is located upon a pier extending into or over the waters of a navigable lake or stream or on the shore of a navigable lake or stream. Alcoholic liquor may be sold in buildings under the control of the Department of Natural Resources when written consent to the issuance of a license to sell alcoholic liquor in such buildings is filed with the Commission by the Department of Natural Resources. Notwithstanding any other provision of this Act, alcoholic liquor sold by a United States Army Corps of Engineers or Department of Natural Resources concessionaire who was operating on June 1, 1991 for on-premises consumption only is not subject to the provisions of Articles IV and IX. Beer and wine may be sold on the premises of the Joliet Park District Stadium owned by the Joliet Park District when written consent to the issuance of a license to sell beer and wine in such premises is filed with the local liquor commissioner by the Joliet Park District. Beer and wine may be sold in buildings on the grounds of State veterans' homes when written consent to the issuance of a license to sell beer and wine in such buildings is filed with the Commission by the Department of Veterans' Affairs, and the facility shall provide dram shop liability in maximum insurance coverage limits so as to save the facility harmless from all financial loss, damage or harm. Such liquors may be delivered to and sold at any property owned or held under lease by a Metropolitan Pier and Exposition Authority or Metropolitan Exposition and Auditorium Authority. Beer and wine may be sold and dispensed at professional sporting events and at professional concerts and other entertainment events conducted on premises owned by the Forest Preserve District of Kane County, subject to the control of the District Commissioners and applicable local law, provided that dram shop liability insurance is
77 [June 1, 2002] provided at maximum coverage limits so as to hold the District harmless from all financial loss, damage and harm. Nothing in this Section shall preclude the sale or delivery of beer and wine at a State or county fair or the sale or delivery of beer or wine at a city fair in any otherwise lawful manner. Alcoholic liquors may be sold at retail in buildings in State parks under the control of the Department of Natural Resources, provided: a. the State park has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. consent to the issuance of a license to sell alcoholic liquors in the buildings has been filed with the commission by the Department of Natural Resources, and c. the alcoholic liquors are sold by the State park lodge or restaurant concessionaire only during the hours from 11 o'clock a.m. until 12 o'clock midnight. Notwithstanding any other provision of this Act, alcoholic liquor sold by the State park or restaurant concessionaire is not subject to the provisions of Articles IV and IX. Alcoholic liquors may be sold at retail in buildings on properties under the control of the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum provided: a. the property has overnight lodging facilities with some restaurant facilities or, not having overnight lodging facilities, has restaurant facilities which serve complete luncheon and dinner or supper meals, b. consent to the issuance of a license to sell alcoholic liquors in the buildings has been filed with the commission by the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum, and c. the alcoholic liquors are sold by the lodge or restaurant concessionaire only during the hours from 11 o'clock a.m. until 12 o'clock midnight. The sale of alcoholic liquors pursuant to this Section does not authorize the establishment and operation of facilities commonly called taverns, saloons, bars, cocktail lounges, and the like except as a part of lodge and restaurant facilities in State parks or golf courses owned by Forest Preserve Districts with a population of less than 3,000,000 or municipalities or park districts. Alcoholic liquors may be sold at retail in the Springfield Administration Building of the Department of Transportation and the Illinois State Armory in Springfield; provided, that the controlling government authority may consent to such sales only if a. the request is from a not-for-profit organization; b. such sales would not impede normal operations of the departments involved; c. the not-for-profit organization provides dram shop liability in maximum insurance coverage limits and agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm; d. no such sale shall be made during normal working hours of the State of Illinois; and e. the consent is in writing. Alcoholic liquors may be sold at retail in buildings in recreational areas of river conservancy districts under the control of, or leased from, the river conservancy districts. Such sales are subject to reasonable local regulations as provided in Article IV; however, no such regulations may prohibit or substantially impair the sale of alcoholic liquors on Sundays or Holidays. Alcoholic liquors may be provided in long term care facilities owned or operated by a county under Division 5-21 or 5-22 of the Counties Code, when approved by the facility operator and not in conflict with the regulations of the Illinois Department of Public
[June 1, 2002] 78 Health, to residents of the facility who have had their consumption of the alcoholic liquors provided approved in writing by a physician licensed to practice medicine in all its branches. Alcoholic liquors may be delivered to and dispensed in State housing assigned to employees of the Department of Corrections. No person shall furnish or allow to be furnished any alcoholic liquors to any prisoner confined in any jail, reformatory, prison or house of correction except upon a physician's prescription for medicinal purposes. Alcoholic liquors may be sold at retail or dispensed at the Willard Ice Building in Springfield, at the State Library in Springfield, and at Illinois State Museum facilities by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the controlling government authority, or by (2) a not-for-profit organization, provided that such organization: a. Obtains written consent from the controlling government authority; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at authorized functions. The controlling government authority for the Willard Ice Building in Springfield shall be the Director of the Department of Revenue. The controlling government authority for Illinois State Museum facilities shall be the Director of the Illinois State Museum. The controlling government authority for the State Library in Springfield shall be the Secretary of State. Alcoholic liquors may be delivered to and sold at retail or dispensed at any facility, property or building under the jurisdiction of the Historic Sites and Preservation Division of the Historic Preservation Agency or the Abraham Lincoln Presidential Library and Museum where the delivery, sale or dispensing is by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from a controlling government authority, or by (2) a not-for-profit organization provided that such organization: a. Obtains written consent from the controlling government authority; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal workings of State offices or operations located at the facility, property or building; c. Sells or dispenses alcoholic liquors only in connection with an official activity of the not-for-profit organization in the facility, property or building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. The controlling government authority for the Historic Sites and Preservation Division of the Historic Preservation Agency shall be the Director of the Historic Sites and Preservation, and the controlling government authority for the Abraham Lincoln Presidential Library and Museum shall be the Director of the Abraham Lincoln Presidential Library and Museum
79 [June 1, 2002] Alcoholic liquors may be sold at retail or dispensed at the James R. Thompson Center in Chicago and 222 South College Street in Springfield, Illinois by (1) a commercial tenant or subtenant conducting business on the premises under a lease made pursuant to Section 405-315 of the Department of Central Management Services Law (20 ILCS 405/405-315), provided that such tenant or subtenant who sells or dispenses alcoholic liquors shall procure and maintain dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, indemnify and save harmless the State of Illinois from all financial loss, damage or harm arising out of the sale or dispensing of alcoholic liquors, or by (2) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the Director of Central Management Services, or by (3) a not-for-profit organization, provided that such organization: a. Obtains written consent from the Department of Central Management Services; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at functions authorized by the Director of Central Management Services. Alcoholic liquors may be sold or delivered at any facility owned by the Illinois Sports Facilities Authority provided that dram shop liability insurance has been made available in a form, with such coverage and in such amounts as the Authority reasonably determines is necessary. Alcoholic liquors may be sold at retail or dispensed at the Rockford State Office Building by (1) an agency of the State, whether legislative, judicial or executive, provided that such agency first obtains written permission to sell or dispense alcoholic liquors from the Department of Central Management Services, or by (2) a not-for-profit organization, provided that such organization: a. Obtains written consent from the Department of Central Management Services; b. Sells or dispenses the alcoholic liquors in a manner that does not impair normal operations of State offices located in the building; c. Sells or dispenses alcoholic liquors only in connection with an official activity in the building; d. Provides, or its catering service provides, dram shop liability insurance in maximum coverage limits and in which the carrier agrees to defend, save harmless and indemnify the State of Illinois from all financial loss, damage or harm arising out of the selling or dispensing of alcoholic liquors. Nothing in this Act shall prevent a not-for-profit organization or agency of the State from employing the services of a catering establishment for the selling or dispensing of alcoholic liquors at functions authorized by the Department of Central Management Services. Alcoholic liquors may be sold or delivered in a building that is owned by McLean County, situated on land owned by the county in the City of Bloomington, and used by the McLean County Historical Society if the sale or delivery is approved by an ordinance adopted by the county board, and the municipality in which the building is located may not prohibit that sale or delivery, notwithstanding any other provision of this Section. The regulation of the sale and delivery of alcoholic liquor in a building that is owned by McLean County, situated on land
[June 1, 2002] 80 owned by the county, and used by the McLean County Historical Society as provided in this paragraph is an exclusive power and function of the State and is a denial and limitation under Article VII, Section 6, subsection (h) of the Illinois Constitution of the power of a home rule municipality to regulate that sale and delivery. Alcoholic liquors may be sold or delivered in any building situated on land held in trust for any school district organized under Article 34 of the School Code, if the building is not used for school purposes and if the sale or delivery is approved by the board of education. Alcoholic liquors may be sold or delivered in buildings owned by the Community Building Complex Committee of Boone County, Illinois if the person or facility selling or dispensing the alcoholic liquor has provided dram shop liability insurance with coverage and in amounts that the Committee reasonably determines are necessary. Alcoholic liquors may be sold or delivered in the building located at 1200 Centerville Avenue in Belleville, Illinois and occupied by either the Belleville Area Special Education District or the Belleville Area Special Services Cooperative. (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00; 92-512, eff. 1-1-02.) Article 99 Section 99-1. Effective date. This Act takes effect upon becoming law, except that Article 10 takes effect on July 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 5686 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4580 A bill for AN ACT in relation to State government. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 4580. Passed the Senate, as amended, June 1, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 4580 by replacing the title with the following: "AN ACT in relation to budget implementation."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the FY2003 Budget Implementation Act. Section 5. Purpose. It is the purpose of this Act to make certain changes in State programs that are necessary to implement the State's FY2003 budget. Section 10. The Illinois Administrative Procedure Act is amended by changing Section 5-45 as follows: (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) Sec. 5-45. Emergency rulemaking. (a) "Emergency" means the existence of any situation that any agency finds reasonably constitutes a threat to the public interest,
81 [June 1, 2002] safety, or welfare. (b) If any agency finds that an emergency exists that requires adoption of a rule upon fewer days than is required by Section 5-40 and states in writing its reasons for that finding, the agency may adopt an emergency rule without prior notice or hearing upon filing a notice of emergency rulemaking with the Secretary of State under Section 5-70. The notice shall include the text of the emergency rule and shall be published in the Illinois Register. Consent orders or other court orders adopting settlements negotiated by an agency may be adopted under this Section. Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing under Section 5-65 or at a stated date less than 10 days thereafter. The agency's finding and a statement of the specific reasons for the finding shall be filed with the rule. The agency shall take reasonable and appropriate measures to make emergency rules known to the persons who may be affected by them. (c) An emergency rule may be effective for a period of not longer than 150 days, but the agency's authority to adopt an identical rule under Section 5-40 is not precluded. No emergency rule may be adopted more than once in any 24 month period, except that this limitation on the number of emergency rules that may be adopted in a 24 month period does not apply to (i) emergency rules that make additions to and deletions from the Drug Manual under Section 5-5.16 of the Illinois Public Aid Code or the generic drug formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic Act or (ii) emergency rules adopted by the Pollution Control Board before July 1, 1997 to implement portions of the Livestock Management Facilities Act. Two or more emergency rules having substantially the same purpose and effect shall be deemed to be a single rule for purposes of this Section. (d) In order to provide for the expeditious and timely implementation of the State's fiscal year 1999 budget, emergency rules to implement any provision of Public Act 90-587 or 90-588 or any other budget initiative for fiscal year 1999 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (d). The adoption of emergency rules authorized by this subsection (d) shall be deemed to be necessary for the public interest, safety, and welfare. (e) In order to provide for the expeditious and timely implementation of the State's fiscal year 2000 budget, emergency rules to implement any provision of this amendatory Act of the 91st General Assembly or any other budget initiative for fiscal year 2000 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (e). The adoption of emergency rules authorized by this subsection (e) shall be deemed to be necessary for the public interest, safety, and welfare. (f) In order to provide for the expeditious and timely implementation of the State's fiscal year 2001 budget, emergency rules to implement any provision of this amendatory Act of the 91st General Assembly or any other budget initiative for fiscal year 2001 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (f). The adoption of emergency rules authorized by this subsection (f) shall be deemed to be necessary for the public interest, safety, and welfare. (g) In order to provide for the expeditious and timely implementation of the State's fiscal year 2002 budget, emergency rules to implement any provision of this amendatory Act of the 92nd General Assembly or any other budget initiative for fiscal year 2002 may be adopted in accordance with this Section by the agency charged with
[June 1, 2002] 82 administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (g). The adoption of emergency rules authorized by this subsection (g) shall be deemed to be necessary for the public interest, safety, and welfare. (h) In order to provide for the expeditious and timely implementation of the State's fiscal year 2003 budget, emergency rules to implement any provision of this amendatory Act of the 92nd General Assembly or any other budget initiative for fiscal year 2003 may be adopted in accordance with this Section by the agency charged with administering that provision or initiative, except that the 24-month limitation on the adoption of emergency rules and the provisions of Sections 5-115 and 5-125 do not apply to rules adopted under this subsection (h). The adoption of emergency rules authorized by this subsection (h) shall be deemed to be necessary for the public interest, safety, and welfare. (Source: P.A. 91-24, eff. 7-1-99; 91-357, eff. 7-29-99; 91-712, eff. 7-1-00; 92-10, eff. 6-11-01.) Section 15. The Illinois Act on the Aging is amended by changing Section 4.02 as follows: (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02) Sec. 4.02. The Department shall establish a program of services to prevent unnecessary institutionalization of persons age 60 and older in need of long term care or who are established as persons who suffer from Alzheimer's disease or a related disorder under the Alzheimer's Disease Assistance Act, thereby enabling them to remain in their own homes or in other living arrangements. Such preventive services, which may be coordinated with other programs for the aged and monitored by area agencies on aging in cooperation with the Department, may include, but are not limited to, any or all of the following: (a) home health services; (b) home nursing services; (c) homemaker services; (d) chore and housekeeping services; (e) day care services; (f) home-delivered meals; (g) education in self-care; (h) personal care services; (i) adult day health services; (j) habilitation services; (k) respite care; (l) other nonmedical social services that may enable the person to become self-supporting; or (m) clearinghouse for information provided by senior citizen home owners who want to rent rooms to or share living space with other senior citizens. The Department shall establish eligibility standards for such services taking into consideration the unique economic and social needs of the target population for whom they are to be provided. Such eligibility standards shall be based on the recipient's ability to pay for services; provided, however, that in determining the amount and nature of services for which a person may qualify, consideration shall not be given to the value of cash, property or other assets held in the name of the person's spouse pursuant to a written agreement dividing marital property into equal but separate shares or pursuant to a transfer of the person's interest in a home to his spouse, provided that the spouse's share of the marital property is not made available to the person seeking such services. Beginning July 1, 2002, the Department shall require as a condition of eligibility that all applicants and recipients apply for medical assistance under Article V of the Illinois Public Aid Code in accordance with rules promulgated by the Department. The Department shall, in conjunction with the Department of Public Aid, seek appropriate amendments under Sections 1915 and 1924 of the Social Security Act. The purpose of the amendments shall be to extend
83 [June 1, 2002] eligibility for home and community based services under Sections 1915 and 1924 of the Social Security Act to persons who transfer to or for the benefit of a spouse those amounts of income and resources allowed under Section 1924 of the Social Security Act. Subject to the approval of such amendments, the Department shall extend the provisions of Section 5-4 of the Illinois Public Aid Code to persons who, but for the provision of home or community-based services, would require the level of care provided in an institution, as is provided for in federal law. Those persons no longer found to be eligible for receiving noninstitutional services due to changes in the eligibility criteria shall be given 60 days notice prior to actual termination. Those persons receiving notice of termination may contact the Department and request the determination be appealed at any time during the 60 day notice period. With the exception of the lengthened notice and time frame for the appeal request, the appeal process shall follow the normal procedure. In addition, each person affected regardless of the circumstances for discontinued eligibility shall be given notice and the opportunity to purchase the necessary services through the Community Care Program. If the individual does not elect to purchase services, the Department shall advise the individual of alternative services. The target population identified for the purposes of this Section are persons age 60 and older with an identified service need. Priority shall be given to those who are at imminent risk of institutionalization. The services shall be provided to eligible persons age 60 and older to the extent that the cost of the services together with the other personal maintenance expenses of the persons are reasonably related to the standards established for care in a group facility appropriate to the person's condition. These non-institutional services, pilot projects or experimental facilities may be provided as part of or in addition to those authorized by federal law or those funded and administered by the Department of Human Services. The Departments of Human Services, Public Aid, Public Health, Veterans' Affairs, and Commerce and Community Affairs and other appropriate agencies of State, federal and local governments shall cooperate with the Department on Aging in the establishment and development of the non-institutional services. The Department shall require an annual audit from all chore/housekeeping and homemaker vendors contracting with the Department under this Section. The annual audit shall assure that each audited vendor's procedures are in compliance with Department's financial reporting guidelines requiring a 27% administrative cost split and a 73% employee wages and benefits cost split. The audit is a public record under the Freedom of Information Act. The Department shall execute, relative to the nursing home prescreening project, written inter-agency agreements with the Department of Human Services and the Department of Public Aid, to effect the following: (1) intake procedures and common eligibility criteria for those persons who are receiving non-institutional services; and (2) the establishment and development of non-institutional services in areas of the State where they are not currently available or are undeveloped. On and after July 1, 1996, all nursing home prescreenings for individuals 60 years of age or older shall be conducted by the Department. The Department is authorized to establish a system of recipient copayment for services provided under this Section, such copayment to be based upon the recipient's ability to pay but in no case to exceed the actual cost of the services provided. Additionally, any portion of a person's income which is equal to or less than the federal poverty standard shall not be considered by the Department in determining the copayment. The level of such copayment shall be adjusted whenever necessary to reflect any change in the officially designated federal poverty standard. The Department, or the Department's authorized representative, shall recover the amount of moneys expended for services provided to or in behalf of a person under this Section by a claim against the person's estate or against the estate of the person's surviving spouse, but no recovery may be had until after the death of the surviving
[June 1, 2002] 84 spouse, if any, and then only at such time when there is no surviving child who is under age 21, blind, or permanently and totally disabled. This paragraph, however, shall not bar recovery, at the death of the person, of moneys for services provided to the person or in behalf of the person under this Section to which the person was not entitled; provided that such recovery shall not be enforced against any real estate while it is occupied as a homestead by the surviving spouse or other dependent, if no claims by other creditors have been filed against the estate, or, if such claims have been filed, they remain dormant for failure of prosecution or failure of the claimant to compel administration of the estate for the purpose of payment. This paragraph shall not bar recovery from the estate of a spouse, under Sections 1915 and 1924 of the Social Security Act and Section 5-4 of the Illinois Public Aid Code, who precedes a person receiving services under this Section in death. All moneys for services paid to or in behalf of the person under this Section shall be claimed for recovery from the deceased spouse's estate. "Homestead", as used in this paragraph, means the dwelling house and contiguous real estate occupied by a surviving spouse or relative, as defined by the rules and regulations of the Illinois Department of Public Aid, regardless of the value of the property. The Department shall develop procedures to enhance availability of services on evenings, weekends, and on an emergency basis to meet the respite needs of caregivers. Procedures shall be developed to permit the utilization of services in successive blocks of 24 hours up to the monthly maximum established by the Department. Workers providing these services shall be appropriately trained. Beginning on the effective date of this Amendatory Act of 1991, no person may perform chore/housekeeping and homemaker services under a program authorized by this Section unless that person has been issued a certificate of pre-service to do so by his or her employing agency. Information gathered to effect such certification shall include (i) the person's name, (ii) the date the person was hired by his or her current employer, and (iii) the training, including dates and levels. Persons engaged in the program authorized by this Section before the effective date of this amendatory Act of 1991 shall be issued a certificate of all pre- and in-service training from his or her employer upon submitting the necessary information. The employing agency shall be required to retain records of all staff pre- and in-service training, and shall provide such records to the Department upon request and upon termination of the employer's contract with the Department. In addition, the employing agency is responsible for the issuance of certifications of in-service training completed to their employees. The Department is required to develop a system to ensure that persons working as homemakers and chore housekeepers receive increases in their wages when the federal minimum wage is increased by requiring vendors to certify that they are meeting the federal minimum wage statute for homemakers and chore housekeepers. An employer that cannot ensure that the minimum wage increase is being given to homemakers and chore housekeepers shall be denied any increase in reimbursement costs. The Department on Aging and the Department of Human Services shall cooperate in the development and submission of an annual report on programs and services provided under this Section. Such joint report shall be filed with the Governor and the General Assembly on or before September 30 each year. The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader and the Secretary of the Senate and the Legislative Research Unit, as required by Section 3.1 of the General Assembly Organization Act and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act. Those persons previously found eligible for receiving non-institutional services whose services were discontinued under the Emergency Budget Act of Fiscal Year 1992, and who do not meet the
85 [June 1, 2002] eligibility standards in effect on or after July 1, 1992, shall remain ineligible on and after July 1, 1992. Those persons previously not required to cost-share and who were required to cost-share effective March 1, 1992, shall continue to meet cost-share requirements on and after July 1, 1992. Beginning July 1, 1992, all clients will be required to meet eligibility, cost-share, and other requirements and will have services discontinued or altered when they fail to meet these requirements. (Source: P.A. 91-303, eff. 1-1-00; 91-798, eff. 7-9-00.) Section 20. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 18.4 as follows: (20 ILCS 1705/18.4 new) Sec. 18.4. Community Mental Health Medicaid Trust Fund; reimbursement. (a) The Community Mental Health Medicaid Trust Fund is hereby created in the State Treasury. (b) Any funds paid to the State by the federal government under Title XIX or Title XXI of the Social Security Act for services delivered by community mental health services providers, and any interest earned thereon, shall be deposited directly into the Community Mental Health Medicaid Trust Fund. (c) The Department shall reimburse community mental health services providers for Medicaid-reimbursed mental health services provided to eligible individuals. Moneys in the Community Mental Health Medicaid Trust Fund may be used for that purpose. (d) As used in this Section: "Medicaid-reimbursed mental health services" means services provided by a community mental health provider under an agreement with the Department that is eligible for reimbursement under the federal Title XIX program or Title XXI program. "Provider" means a community agency that is funded by the Department to provide a Medicaid-reimbursed service. "Services" means mental health services provided under one of the following programs: (1) Medicaid Clinic Option; (2) Medicaid Rehabilitation Option; (3) Targeted Case Management. Section 25. The Illinois Health Finance Reform Act is amended by changing Sections 2-1, 4-1, 4-2, and 4-4 as follows: (20 ILCS 2215/2-1) (from Ch. 111 1/2, par. 6502-1) Sec. 2-1. Council abolished.
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91 [June 1, 2002] of this Act. The agency created by this Act is intended to be a successor to the agency created under the Illinois Emergency Services and Disaster Agency Act of 1975 and the personnel, equipment, records, and appropriations of that agency are transferred to the successor agency as of the effective date of this Act. (c) The Director, subject to the direction and control of the Governor, shall be the executive head of the Illinois Emergency Management Agency and the State Emergency Response Commission and shall be responsible under the direction of the Governor, for carrying out the program for emergency management of this State. The Director shall also maintain liaison and cooperate with the emergency management organizations of this State and other states and of the federal government. (d) The Illinois Emergency Management Agency shall take an integral part in the development and revision of political subdivision emergency operations plans prepared under paragraph (f) of Section 10. To this end it shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to the emergency services and disaster agencies. These personnel shall consult with emergency services and disaster agencies on a regular basis and shall make field examinations of the areas, circumstances, and conditions that particular political subdivision emergency operations plans are intended to apply. (e) The Illinois Emergency Management Agency and political subdivisions shall be encouraged to form an emergency management advisory committee composed of private and public personnel representing the emergency management phases of mitigation, preparedness, response, and recovery. The Local Emergency Planning Committee, as created under the Illinois Emergency Planning and Community Right to Know Act, shall serve as an advisory committee to the emergency services and disaster agency or agencies serving within the boundaries of that Local Emergency Planning Committee planning district for: (1) the development of emergency operations plan provisions for hazardous chemical emergencies; and (2) the assessment of emergency response capabilities related to hazardous chemical emergencies. (f) The Illinois Emergency Management Agency shall: (1) Coordinate the overall emergency management program of the State. (2) Cooperate with local governments, the federal government and any public or private agency or entity in achieving any purpose of this Act and in implementing emergency management programs for mitigation, preparedness, response, and recovery. (2.5) Cooperate with the Department of Nuclear Safety in development of the comprehensive emergency preparedness and response plan for any nuclear accident in accordance with Section 2005-65 of the Department of Nuclear Safety Law of the Civil Administrative Code of Illinois and in development of the Illinois Nuclear Safety Preparedness program in accordance with Section 8 of the Illinois Nuclear Safety Preparedness Act. (3) Prepare, for issuance by the Governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters. (4) Promulgate rules and requirements for political subdivision emergency operations plans that are not inconsistent with and are at least as stringent as applicable federal laws and regulations. (5) Review and approve, in accordance with Illinois Emergency Management Agency rules, emergency operations plans for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act. (5.5) Promulgate rules and requirements for the political subdivision emergency management exercises, including, but not limited to, exercises of the emergency operations plans. (5.10) Review, evaluate, and approve, in accordance with
[June 1, 2002] 92 Illinois Emergency Management Agency rules, political subdivision emergency management exercises for those political subdivisions required to have an emergency services and disaster agency pursuant to this Act. (6) Determine requirements of the State and its political subdivisions for food, clothing, and other necessities in event of a disaster. (7) Establish a register of persons with types of emergency management training and skills in mitigation, preparedness, response, and recovery. (8) Establish a register of government and private response resources available for use in a disaster. (9) Expand the Earthquake Awareness Program and its efforts to distribute earthquake preparedness materials to schools, political subdivisions, community groups, civic organizations, and the media. Emphasis will be placed on those areas of the State most at risk from an earthquake. Maintain the list of all school districts, hospitals, airports, power plants, including nuclear power plants, lakes, dams, emergency response facilities of all types, and all other major public or private structures which are at the greatest risk of damage from earthquakes under circumstances where the damage would cause subsequent harm to the surrounding communities and residents. (10) Disseminate all information, completely and without delay, on water levels for rivers and streams and any other data pertaining to potential flooding supplied by the Division of Water Resources within the Department of Natural Resources to all political subdivisions to the maximum extent possible. (11) Develop agreements, if feasible, with medical supply and equipment firms to supply resources as are necessary to respond to an earthquake or any other disaster as defined in this Act. These resources will be made available upon notifying the vendor of the disaster. Payment for the resources will be in accordance with Section 7 of this Act. The Illinois Department of Public Health shall determine which resources will be required and requested. (12) Out of funds appropriated for these purposes, award capital and non-capital grants to Illinois hospitals or health care facilities located outside of a city with a population in excess of 1,000,000 to be used for purposes that include, but are not limited to, preparing to respond to mass casualties and disasters, maintaining and improving patient safety and quality of care, and protecting the confidentiality of patient information. No single grant for a capital expenditure shall exceed $300,000. No single grant for a non-capital expenditure shall exceed $100,000. In awarding such grants, preference shall be given to hospitals that serve a significant number of Medicaid recipients, but do not qualify for disproportionate share hospital adjustment payments under the Illinois Public Aid Code. To receive such a grant, a hospital or health care facility must provide funding of at least 50% of the cost of the project for which the grant is being requested. In awarding such grants the Illinois Emergency Management Agency shall consider the recommendations of the Illinois Hospital Association. (13)
93 [June 1, 2002] Sec. 5.570. The Illinois Student Assistance Commission Contracts and Grants Fund. (30 ILCS 105/5.571 new) Sec. 5.571. The Career and Technical Education Fund. (30 ILCS 105/6z-12) (from Ch. 127, par. 142z-12) (Section scheduled to be repealed on October 15, 2002.) Sec. 6z-12. Funds received by the Illinois Health Care Cost Containment Council for special studies pursuant to the Illinois Health Finance Reform Act shall be deposited in the Illinois Health Care Cost Containment Council Special Studies Fund. The General Assembly shall from time to time make appropriations from the Illinois Health Care Cost Containment Council Special Studies Fund for the payment of the direct and indirect costs of special studies. The Illinois Health Care Cost Containment Council shall by rule, adopted pursuant to the Illinois Administrative Procedure Act, provide for the allocation of the direct and indirect costs of producing special studies pursuant to the Illinois Health Finance Reform Act. In addition to any other permitted use of moneys in the Fund, moneys in the Illinois Health Care Cost Containment Council Special Studies Fund may be used by the Council, subject to appropriation, to provide services to the Illinois Health Care Reform Task Force created under Section 6-4 of the Medicaid Revenue Act and to support Council operations. The Illinois Health Care Cost Containment Council Special Studies Fund is abolished on October 15, 2002. Any balance remaining in the Fund on that date shall be transferred to the Public Health Special State Projects Fund. This Section is repealed on October 15, 2002. (Source: P.A. 87-838; 87-1248.) (30 ILCS 105/6z-43) Sec. 6z-43. Tobacco Settlement Recovery Fund. (a) There is created in the State Treasury a special fund to be known as the Tobacco Settlement Recovery Fund, into which shall be deposited all monies paid to the State pursuant to (1) the Master Settlement Agreement entered in the case of People of the State of Illinois v. Philip Morris, et al. (Circuit Court of Cook County, No. 96-L13146) and (2) any settlement with or judgment against any tobacco product manufacturer other than one participating in the Master Settlement Agreement in satisfaction of any released claim as defined in the Master Settlement Agreement, as well as any other monies as provided by law. All earnings on Fund investments shall be deposited into the Fund. Upon the creation of the Fund, the State Comptroller shall order the State Treasurer to transfer into the Fund any monies paid to the State as described in item (1) or (2) of this Section before the creation of the Fund plus any interest earned on the investment of those monies. The Treasurer may invest the moneys in the Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code. (b) As soon as may be practical after June 30, 2001, upon notification from and at the direction of the Governor, the State Comptroller shall direct and the State Treasurer shall transfer the unencumbered balance in the Tobacco Settlement Recovery Fund as of June 30, 2001, as determined by the Governor, into the Budget Stabilization Fund. The Treasurer may invest the moneys in the Budget Stabilization Fund in the same manner, in the same types of investments, and subject to the same limitations provided in the Illinois Pension Code for the investment of pension funds other than those established under Article 3 or 4 of the Code. (c) All federal financial participation moneys received pursuant to expenditures from the Fund shall be deposited into the Fund. (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00; 91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff. 6-28-01.) (30 ILCS 105/6z-55) Sec. 6z-55.
[June 1, 2002] 94 Statewide Economic Development Fund is created as a special fund in the State treasury. Moneys in the Fund shall be used, subject to appropriation, for the purpose of statewide economic development activities or by the Illinois Emergency Management Agency for awarding grants to Illinois hospitals and health care facilities to provide for the health and security of Illinois residents. (Source: P.A. 92-208, eff. 8-2-01; revised 10-17-01.) Section 45. The School Code is amended by changing Sections 14-7.03 and 18-3 as follows: (105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03) Sec. 14-7.03. Special Education Classes for Children from Orphanages, Foster Family Homes, Children's Homes, or in State Housing Units. If a school district maintains special education classes on the site of orphanages and children's homes, or if children from the orphanages, children's homes, foster family homes, other State agencies, or State residential units for children attend classes for children with disabilities in which the school district is a participating member of a joint agreement, or if the children from the orphanages, children's homes, foster family homes, other State agencies, or State residential units attend classes for the children with disabilities maintained by the school district, then reimbursement shall be paid to eligible districts in accordance with the provisions of this Section by the Comptroller as directed by the State Superintendent of Education. The amount of tuition for such children shall be determined by the actual cost of maintaining such classes, using the per capita cost formula set forth in Section 14-7.01, such program and cost to be pre-approved by the State Superintendent of Education. On forms prepared by the State Superintendent of Education, the district shall certify to the regional superintendent the following: (1) The name of the home or State residential unit with the name of the owner or proprietor and address of those maintaining it; (2) That no service charges or other payments authorized by law were collected in lieu of taxes therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made; (3) The number of children qualifying under this Act in special education classes for instruction on the site of the orphanages and children's homes; (4) The number of children attending special education classes for children with disabilities in which the district is a participating member of a special education joint agreement; (5) The number of children attending special education classes for children with disabilities maintained by the district; (6) The computed amount of tuition payment claimed as due, as approved by the State Superintendent of Education, for maintaining these classes. If a school district makes a claim for reimbursement under Section 18-3 or 18-4 of this Act it shall not include in any claim filed under this Section a claim for such children. Payments authorized by law, including State or federal grants for education of children included in this Section, shall be deducted in determining the tuition amount. Nothing in this Act shall be construed so as to prohibit reimbursement for the tuition of children placed in for profit facilities. Private facilities shall provide adequate space at the facility for special education classes provided by a school district or joint agreement for children with disabilities who are residents of the facility at no cost to the school district or joint agreement upon request of the school district or joint agreement. If such a private facility provides space at no cost to the district or joint agreement for special education classes provided to children with disabilities who are residents of the facility, the district or joint agreement shall not include any costs for the use of those facilities in its claim for reimbursement. Reimbursement for tuition may include the cost of providing summer
95 [June 1, 2002] school programs for children with severe and profound disabilities served under this Section. Claims for that reimbursement shall be filed by November 1 and shall be paid on or before December 15 from appropriations made for the purposes of this Section. The State Board of Education shall establish such rules and regulations as may be necessary to implement the provisions of this Section. Claims filed on behalf of programs operated under this Section housed in a jail or detention center shall be on an individual student basis only for eligible students with disabilities. These claims shall be in accordance with applicable rules. Each district claiming reimbursement for a program operated as a group program shall have an approved budget on file with the State Board of Education prior to the initiation of the program's operation. On September 30, December 31, and March 31, the State Board of Education shall voucher payments to group programs based upon the approved budget during the year of operation. Final claims for group payments shall be filed on or before July 15. Final claims for group programs received at the State Board of Education on or before June 15 shall be vouchered by June 30. Final claims received at the State Board of Education between June 16 and July 15 shall be vouchered by August 30. Claims for group programs received after July 15 shall not be honored. Each district claiming reimbursement for individual students shall have the eligibility of those students verified by the State Board of Education. On September 30, December 31, and March 31, the State Board of Education shall voucher payments for individual students based upon an estimated cost calculated from the prior year's claim. Final claims for individual students for the regular school term must be received at the State Board of Education by July 15. Claims for individual students received after July 15 shall not be honored. Final claims for individual students shall be vouchered by August 30. Reimbursement shall be made based upon approved group programs or individual students. The State Superintendent of Education shall direct the Comptroller to pay a specified amount to the district by the 30th day of September, December, March, June, or August, respectively. However, notwithstanding any other provisions of this Section or the School Code, beginning with fiscal year 1994 and each fiscal year thereafter through fiscal year 2002, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 30 of the next fiscal year, and the
[June 1, 2002] 96 assume the powers and duties of a school district in providing and maintaining such a special education program, the regional superintendent may enter into joint agreements with other districts and may contract with public or private schools or the orphanage, foster family home, children's home or State housing unit for provision of the special education program. The regional superintendent exercising the powers granted under this Section shall claim the reimbursement authorized by this Section directly from the State Board of Education. Any child who is not a resident of Illinois who is placed in a child welfare institution, private facility, foster family home, State operated program, orphanage or children's home shall have the payment for his educational tuition and any related services assured by the placing agent. Commencing July 1, 1992, for each disabled student who is placed residentially by a State agency or the courts for care or custody or both care and custody, welfare, medical or mental health treatment or both medical and mental health treatment, rehabilitation, and protection, whether placed there on, before, or after July 1, 1992, the costs for educating the student are eligible for reimbursement under this Section providing the placing agency or court has notified the appropriate school district authorities of the status of student residency where applicable prior to or upon placement. The district of residence of the parent, guardian, or disabled student as defined in Sections 14-1.11 and 14-1.11a is responsible for the actual costs of the student's special education program and is eligible for reimbursement under this Section when placement is made by a State agency or the courts. Payments shall be made by the resident district to the district wherein the facility is located no less than once per quarter unless otherwise agreed to in writing by the parties. When a dispute arises over the determination of the district of residence, the district or districts may appeal the decision in writing to the State Superintendent of Education. The decision of the State Superintendent of Education shall be final. In the event a district does not make a tuition payment to another district that is providing the special education program and services, the State Board of Education shall immediately withhold 125% of the then remaining annual tuition cost from the State aid or categorical aid payment due to the school district that is determined to be the resident school district. All funds withheld by the State Board of Education shall immediately be forwarded to the school district where the student is being served. When a child eligible for services under this Section 14-7.03 must be placed in a nonpublic facility, that facility shall meet the programmatic requirements of Section 14-7.02 and its regulations, and the educational services shall be funded only in accordance with this Section 14-7.03. (Source: P.A. 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-698, eff. 1-14-97; 90-463, eff. 8-17-97; 90-644, eff. 7-24-98.) (105 ILCS 5/18-3) (from Ch. 122, par. 18-3) Sec. 18-3. Tuition of children from orphanages and children's homes. When the children from any home for orphans, dependent, abandoned or maladjusted children maintained by any organization or association admitting to such home children from the State in general or when children residing in a school district wherein the State of Illinois maintains and operates any welfare or penal institution on property owned by the State of Illinois, which contains houses, housing units or housing accommodations within a school district, attend grades kindergarten through 12 of the public schools maintained by that school district, the State Superintendent of Education shall direct the State Comptroller to pay a specified amount sufficient to pay the annual tuition cost of such children who attended such public schools during the regular school year ending on June 30 or the summer term for that school year, and the Comptroller shall pay the amount after receipt of a voucher submitted by the State Superintendent of Education. The amount of the tuition for such children attending the public
97 [June 1, 2002] schools of the district shall be determined by the State Superintendent of Education by multiplying the number of such children in average daily attendance in such schools by 1.2 times the total annual per capita cost of administering the schools of the district. Such total annual per capita cost shall be determined by totaling all expenses of the school district in the educational, operations and maintenance, bond and interest, transportation, Illinois municipal retirement, and rent funds for the school year preceding the filing of such tuition claims less expenditures not applicable to the regular K-12 program, less offsetting revenues from State sources except those from the common school fund, less offsetting revenues from federal sources except those from federal impaction aid, less student and community service revenues, plus a depreciation allowance; and dividing such total by the average daily attendance for the year. Annually on or before June 30 the superintendent of the district upon forms prepared by the State Superintendent of Education shall certify to the regional superintendent the following: 1. The name of the home and of the organization or association maintaining it; or the legal description of the real estate upon which the house, housing units, or housing accommodations are located and that no taxes or service charges or other payments authorized by law to be made in lieu of taxes were collected therefrom or on account thereof during either of the calendar years included in the school year for which claim is being made; 2. The number of children from the home or living in such houses, housing units or housing accommodations and attending the schools of the district; 3. The total number of children attending the schools of the district; 4. The per capita tuition charge of the district; and 5. The computed amount of the tuition payment claimed as due. Whenever the persons in charge of such home for orphans, dependent, abandoned or maladjusted children have received from the parent or guardian of any such child or by virtue of an order of court a specific allowance for educating such child, such persons shall pay to the school board in the district where the child attends school such amount of the allowance as is necessary to pay the tuition required by such district for the education of the child. If the allowance is insufficient to pay the tuition in full the State Superintendent of Education shall direct the Comptroller to pay to the district the difference between the total tuition charged and the amount of the allowance. Whenever the facilities of a school district in which such house, housing units or housing accommodations are located, are limited, pupils may be assigned by that district to the schools of any adjacent district to the limit of the facilities of the adjacent district to properly educate such pupils as shall be determined by the school board of the adjacent district, and the State Superintendent of Education shall direct the Comptroller to pay a specified amount sufficient to pay the annual tuition of the children so assigned to and attending public schools in the adjacent districts and the Comptroller shall draw his warrant upon the State Treasurer for the payment of such amount for the benefit of the adjacent school districts in the same manner as for districts in which the houses, housing units or housing accommodations are located. The school district shall certify to the State Superintendent of Education the report of claims due for such tuition payments on or before July 31. Failure on the part of the school board to certify its claim on July 31 shall constitute a forfeiture by the district of its right to the payment of any such tuition claim for the school year. The State Superintendent of Education shall direct the Comptroller to pay to the district, on or before August 15, the amount due the district for the school year in accordance with the calculation of the claim as set forth in this Section. Claims for tuition for children from any home for orphans or
[June 1, 2002] 98 dependent, abandoned, or maladjusted children beginning with the 1993-1994 school year shall be paid on a current year basis. On September 30, December 31, and March 31, the State Board of Education shall voucher payments for districts with those students based on an estimated cost calculated from the prior year's claim. Final claims for those students for the regular school term and summer term must be received at the State Board of Education by July 31 following the end of the regular school year. Final claims for those students shall be vouchered by August 15. During fiscal year 1994 both the 1992-1993 school year and the 1993-1994 school year shall be paid in order to change the cycle of payment from a reimbursement basis to a current year funding basis of payment. However, notwithstanding any other provisions of this Section or the School Code, beginning with fiscal year 1994 and each fiscal year thereafter through fiscal year 2002, if the amount appropriated for any fiscal year is less than the amount required for purposes of this Section, the amount required to eliminate any insufficient reimbursement for each district claim under this Section shall be reimbursed on August 30 of the next fiscal year, and the
99 [June 1, 2002] Board of Education in fiscal years 1999 through 2003
[June 1, 2002] 100 Commission, and the Commission shall require applicants to submit with their applications such supporting documents as the Commission deems necessary. (e) A qualified applicant must apply for a grant under this Section within 6 months after receiving notification of loan forgiveness pursuant to Sections 424 and 425 of Title IV of the Higher Education Amendments of 1998. (110 ILCS 947/77 new) Sec. 77. Illinois Student Assistance Commission Contracts and Grants Fund. (a) The Illinois Student Assistance Commission Contracts and Grants Fund is created as a special fund in the State treasury. All gifts, grants, or donations of money received by the Commission must be deposited into this Fund. (b) Moneys in the Fund may be used by the Commission, subject to appropriation, for support of the Commission's student assistance outreach activities. (110 ILCS 947/65.57 rep.) Section 65. The Higher Education Student Assistance Act is amended by repealing Section 65.57. Section 70. The Comprehensive Health Insurance Plan Act is amended by changing Section 3 as follows: (215 ILCS 105/3) (from Ch. 73, par. 1303) Sec. 3. Operation of the Plan. a. There is hereby created an Illinois Comprehensive Health Insurance Plan. b. The Plan shall operate subject to the supervision and control of the board. The board is created as a political subdivision and body politic and corporate and, as such, is not a State agency. The board shall consist of 10 public members, appointed by the Governor with the advice and consent of the Senate. Initial members shall be appointed to the Board by the Governor as follows: 2 members to serve until July 1, 1988, and until their successors are appointed and qualified; 2 members to serve until July 1, 1989, and until their successors are appointed and qualified; 3 members to serve until July 1, 1990, and until their successors are appointed and qualified; and 3 members to serve until July 1, 1991, and until their successors are appointed and qualified. As terms of initial members expire, their successors shall be appointed for terms to expire the first day in July 3 years thereafter, and until their successors are appointed and qualified. Any vacancy in the Board occurring for any reason other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. Any member of the Board may be removed by the Governor for neglect of duty, misfeasance, malfeasance, or nonfeasance in office. In addition, a representative of the Bureau of the Budget
101 [June 1, 2002] losses for the year and other information as may be requested by the General Assembly. The report shall also include analysis and recommendations regarding utilization review, quality assurance and access to cost effective quality health care. d. In its plan of operation the board shall: (1) Establish procedures for selecting a plan administrator in accordance with Section 5 of this Act. (2) Establish procedures for the operation of the board. (3) Create a Plan fund, under management of the board, to fund administrative, claim, and other expenses of the Plan. (4) Establish procedures for the handling and accounting of assets and monies of the Plan. (5) Develop and implement a program to publicize the existence of the Plan, the eligibility requirements and procedures for enrollment and to maintain public awareness of the Plan. (6) Establish procedures under which applicants and participants may have grievances reviewed by a grievance committee appointed by the board. The grievances shall be reported to the board immediately after completion of the review. The Department and the board shall retain all written complaints regarding the Plan for at least 3 years. Oral complaints shall be reduced to written form and maintained for at least 3 years. (7) Provide for other matters as may be necessary and proper for the execution of its powers, duties and obligations under the Plan. e. No later than 5 years after the Plan is operative the board and the Department shall conduct cooperatively a study of the Plan and the persons insured by the Plan to determine: (1) claims experience including a breakdown of medical conditions for which claims were paid; (2) whether availability of the Plan affected employment opportunities for participants; (3) whether availability of the Plan affected the receipt of medical assistance benefits by Plan participants; (4) whether a change occurred in the number of personal bankruptcies due to medical or other health related costs; (5) data regarding all complaints received about the Plan including its operation and services; (6) and any other significant observations regarding utilization of the Plan. The study shall culminate in a written report to be presented to the Governor, the President of the Senate, the Speaker of the House and the chairpersons of the House and Senate Insurance Committees. The report shall be filed with the Secretary of the Senate and the Clerk of the House of Representatives. The report shall also be available to members of the general public upon request. f. The board may: (1) Prepare and distribute certificate of eligibility forms and enrollment instruction forms to insurance producers and to the general public in this State. (2) Provide for reinsurance of risks incurred by the Plan and enter into reinsurance agreements with insurers to establish a reinsurance plan for risks of coverage described in the Plan, or obtain commercial reinsurance to reduce the risk of loss through the Plan. (3) Issue additional types of health insurance policies to provide optional coverages as are otherwise permitted by this Act including a Medicare supplement policy designed to supplement Medicare. (4) Provide for and employ cost containment measures and requirements including, but not limited to, preadmission certification, second surgical opinion, concurrent utilization review programs, and individual case management for the purpose of making the pool more cost effective. (5) Design, utilize, contract, or otherwise arrange for the delivery of cost effective health care services, including establishing or contracting with preferred provider organizations, health maintenance organizations, and other limited network provider arrangements. (6) Adopt bylaws, rules, regulations, policies and procedures
[June 1, 2002] 102 as may be necessary or convenient for the implementation of the Act and the operation of the Plan. (7) Administer separate pools, separate accounts, or other plans or arrangements as required by this Act to separate federally eligible individuals or groups of federally eligible individuals who qualify for plan coverage under Section 15 of this Act from eligible persons or groups of eligible persons who qualify for plan coverage under Section 7 of this Act and apportion the costs of the administration among such separate pools, separate accounts, or other plans or arrangements. g. The Director may, by rule, establish additional powers and duties of the board and may adopt rules for any other purposes, including the operation of the Plan, as are necessary or proper to implement this Act. h. The board is not liable for any obligation of the Plan. There is no liability on the part of any member or employee of the board or the Department, and no cause of action of any nature may arise against them, for any action taken or omission made by them in the performance of their powers and duties under this Act, unless the action or omission constitutes willful or wanton misconduct. The board may provide in its bylaws or rules for indemnification of, and legal representation for, its members and employees. i. There is no liability on the part of any insurance producer for the failure of any applicant to be accepted by the Plan unless the failure of the applicant to be accepted by the Plan is due to an act or omission by the insurance producer which constitutes willful or wanton misconduct. (Source: P.A. 90-30, eff. 7-1-97.) Section 75. The Children's Health Insurance Program Act is amended by changing Sections 20, 40, and 97 as follows: (215 ILCS 106/20) (Section scheduled to be repealed on July 1, 2002) Sec. 20. Eligibility. (a) To be eligible for this Program, a person must be a person who has a child eligible under this Act and who is eligible under a waiver of federal requirements pursuant to an application made pursuant to subdivision (a)(1) of Section 40 of this Act or who is a child who: (1) is a child who is not eligible for medical assistance; (2) is a child whose annual household income, as determined by the Department, is above 133% of the federal poverty level and at or below 185% of the federal poverty level; (3) is a resident of the State of Illinois; and (4) is a child who is either a United States citizen or included in one of the following categories of non-citizens: (A) unmarried dependent children of either a United States Veteran honorably discharged or a person on active military duty; (B) refugees under Section 207 of the Immigration and Nationality Act; (C) asylees under Section 208 of the Immigration and Nationality Act; (D) persons for whom deportation has been withheld under Section 243(h) of the Immigration and Nationality Act; (E) persons granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980; (F) persons lawfully admitted for permanent residence under the Immigration and Nationality Act; and (G) parolees, for at least one year, under Section 212(d)(5) of the Immigration and Nationality Act. Those children who are in the categories set forth in subdivisions (4)(F) and (4)(G) of this subsection, who enter the United States on or after August 22, 1996, shall not be eligible for 5 years beginning on the date the child entered the United States. (b) A child who is determined to be eligible for assistance may
103 [June 1, 2002] or her residence in the State, has not yet attained 19 years of age, and is not excluded pursuant to subsection (c). A child who has been determined to be eligible for assistance must reapply or otherwise establish eligibility
[June 1, 2002] 104 Sections 5-2, 5-4.1, 5-5.4, 5-5.12, 11-16, 12-3, 12-4.34, 12-10.5, and 12-13.05 as follows: (305 ILCS 5/5-2) (from Ch. 23, par. 5-2) Sec. 5-2. Classes of Persons Eligible. Medical assistance under this Article shall be available to any of the following classes of persons in respect to whom a plan for coverage has been submitted to the Governor by the Illinois Department and approved by him: 1. Recipients of basic maintenance grants under Articles III and IV. 2. Persons otherwise eligible for basic maintenance under Articles III and IV but who fail to qualify thereunder on the basis of need, and who have insufficient income and resources to meet the costs of necessary medical care, including but not limited to the following: (a) All persons otherwise eligible for basic maintenance under Article III but who fail to qualify under that Article on the basis of need and who meet either of the following requirements: (i) their income, as determined by the Illinois Department in accordance with any federal requirements, is equal to or less than 70% in fiscal year 2001, equal to or less than 85% in fiscal year 2002 and until a date to be determined by the Department by rule, and equal to or less than 100% beginning on the date determined by the Department by rule,
105 [June 1, 2002] age, where the income eligibility standard is set up to 185% of the nonfarm income official poverty line, as defined by the federal Office of Management and Budget. The Illinois Department shall seek and obtain necessary authorization provided under federal law to implement such a demonstration. Such demonstration may establish resource standards that are not more restrictive than those established under Article IV of this Code. 6. Persons under the age of 18 who fail to qualify as dependent under Article IV and who have insufficient income and resources to meet the costs of necessary medical care to the maximum extent permitted under Title XIX of the Federal Social Security Act. 7. Persons who are 18 years of age or younger and would qualify as disabled as defined under the Federal Supplemental Security Income Program, provided medical service for such persons would be eligible for Federal Financial Participation, and provided the Illinois Department determines that: (a) the person requires a level of care provided by a hospital, skilled nursing facility, or intermediate care facility, as determined by a physician licensed to practice medicine in all its branches; (b) it is appropriate to provide such care outside of an institution, as determined by a physician licensed to practice medicine in all its branches; (c) the estimated amount which would be expended for care outside the institution is not greater than the estimated amount which would be expended in an institution. 8. Persons who become ineligible for basic maintenance assistance under Article IV of this Code in programs administered by the Illinois Department due to employment earnings and persons in assistance units comprised of adults and children who become ineligible for basic maintenance assistance under Article VI of this Code due to employment earnings. The plan for coverage for this class of persons shall: (a) extend the medical assistance coverage for up to 12 months following termination of basic maintenance assistance; and (b) offer persons who have initially received 6 months of the coverage provided in paragraph (a) above, the option of receiving an additional 6 months of coverage, subject to the following: (i) such coverage shall be pursuant to provisions of the federal Social Security Act; (ii) such coverage shall include all services covered while the person was eligible for basic maintenance assistance; (iii) no premium shall be charged for such coverage; and (iv) such coverage shall be suspended in the event of a person's failure without good cause to file in a timely fashion reports required for this coverage under the Social Security Act and coverage shall be reinstated upon the filing of such reports if the person remains otherwise eligible. 9. Persons with acquired immunodeficiency syndrome (AIDS) or with AIDS-related conditions with respect to whom there has been a determination that but for home or community-based services such individuals would require the level of care provided in an inpatient hospital, skilled nursing facility or intermediate care facility the cost of which is reimbursed under this Article. Assistance shall be provided to such persons to the maximum extent permitted under Title XIX of the Federal Social Security Act. 10. Participants in the long-term care insurance partnership program established under the Partnership for Long-Term Care Act who meet the qualifications for protection of resources described in Section 25 of that Act. 11. Persons with disabilities who are employed and eligible for Medicaid, pursuant to Section 1902(a)(10)(A)(ii)(xv) of the Social Security Act, as provided by the Illinois Department by rule. 12. Subject to federal approval, persons who are eligible for medical assistance coverage under applicable provisions of the federal Social Security Act and the federal Breast and Cervical Cancer
[June 1, 2002] 106 Prevention and Treatment Act of 2000. Those eligible persons are defined to include, but not be limited to, the following persons: (1) persons who have been screened for breast or cervical cancer under the U.S. Centers for Disease Control and Prevention Breast and Cervical Cancer Program established under Title XV of the federal Public Health Services Act in accordance with the requirements of Section 1504 of that Act as administered by the Illinois Department of Public Health; and (2) persons whose screenings under the above program were funded in whole or in part by funds appropriated to the Illinois Department of Public Health for breast or cervical cancer screening. "Medical assistance" under this paragraph 12 shall be identical to the benefits provided under the State's approved plan under Title XIX of the Social Security Act. The Department must request federal approval of the coverage under this paragraph 12 within 30 days after the effective date of this amendatory Act of the 92nd General Assembly. The Illinois Department and the Governor shall provide a plan for coverage of the persons eligible under paragraph 7 as soon as possible after July 1, 1984. The eligibility of any such person for medical assistance under this Article is not affected by the payment of any grant under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act or any distributions or items of income described under subparagraph (X) of paragraph (2) of subsection (a) of Section 203 of the Illinois Income Tax Act. The Department shall by rule establish the amounts of assets to be disregarded in determining eligibility for medical assistance, which shall at a minimum equal the amounts to be disregarded under the Federal Supplemental Security Income Program. The amount of assets of a single person to be disregarded shall not be less than $2,000, and the amount of assets of a married couple to be disregarded shall not be less than $3,000. To the extent permitted under federal law, any person found guilty of a second violation of Article VIIIA shall be ineligible for medical assistance under this Article, as provided in Section 8A-8. The eligibility of any person for medical assistance under this Article shall not be affected by the receipt by the person of donations or benefits from fundraisers held for the person in cases of serious illness, as long as neither the person nor members of the person's family have actual control over the donations or benefits or the disbursement of the donations or benefits. (Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00; 91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff. 7-3-01.) (305 ILCS 5/5-4.1) (from Ch. 23, par. 5-4.1) Sec. 5-4.1. Co-payments. The Department may by rule provide that recipients under any Article of this Code
107 [June 1, 2002] services under this Article which: (1) Provide
[June 1, 2002] 108 Notwithstanding any other provision of this Section, for facilities licensed by the Department of Public Health under the Nursing Home Care Act as skilled nursing facilities or intermediate care facilities, the Illinois Department shall determine by rule the rates taking effect on July 1, 2002, which shall be 5.9% less than the rates in effect on June 30, 2002. Rates established effective each July 1 shall govern payment for services rendered throughout that fiscal year, except that rates established on July 1, 1996 shall be increased by 6.8% for services provided on or after January 1, 1997. Such rates will be based upon the rates calculated for the year beginning July 1, 1990, and for subsequent years thereafter until June 30, 2001 shall be based on the facility cost reports for the facility fiscal year ending at any point in time during the previous calendar year, updated to the midpoint of the rate year. The cost report shall be on file with the Department no later than April 1 of the current rate year. Should the cost report not be on file by April 1, the Department shall base the rate on the latest cost report filed by each skilled care facility and intermediate care facility, updated to the midpoint of the current rate year. In determining rates for services rendered on and after July 1, 1985, fixed time shall not be computed at less than zero. The Department shall not make any alterations of regulations which would reduce any component of the Medicaid rate to a level below what that component would have been utilizing in the rate effective on July 1, 1984. (2) Shall take into account the actual costs incurred by facilities in providing services for recipients of skilled nursing and intermediate care services under the medical assistance program. (3) Shall take into account the medical and psycho-social characteristics and needs of the patients. (4) Shall take into account the actual costs incurred by facilities in meeting licensing and certification standards imposed and prescribed by the State of Illinois, any of its political subdivisions or municipalities and by the U.S. Department of Health and Human Services pursuant to Title XIX of the Social Security Act. The Department of Public Aid shall develop precise standards for payments to reimburse nursing facilities for any utilization of appropriate rehabilitative personnel for the provision of rehabilitative services which is authorized by federal regulations, including reimbursement for services provided by qualified therapists or qualified assistants, and which is in accordance with accepted professional practices. Reimbursement also may be made for utilization of other supportive personnel under appropriate supervision. (Source: P.A. 91-24, eff. 7-1-99; 91-712, eff. 7-1-00; 92-10, eff. 6-11-01; 92-31, eff. 6-28-01; revised 12-13-01.) (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12) Sec. 5-5.12. Pharmacy payments. (a) Every request submitted by a pharmacy for reimbursement under this Article for prescription drugs provided to a recipient of aid under this Article shall include the name of the prescriber or an acceptable identification number as established by the Department. (b) Pharmacies providing prescription drugs under this Article shall be reimbursed at a rate which shall include a professional dispensing fee as determined by the Illinois Department, plus the current acquisition cost of the prescription drug dispensed. The Illinois Department shall update its information on the acquisition costs of all prescription drugs no less frequently than every 30 days. However, the Illinois Department may set the rate of reimbursement for the acquisition cost, by rule, at a percentage of the current average wholesale acquisition cost. (c) Reimbursement under this Article for prescription drugs shall be limited to reimbursement for 4 brand-name prescription drugs per patient per month. This subsection applies only if (i) the brand-name drug was not prescribed for an acute or urgent condition, (ii) the brand-name drug was not prescribed for Alzheimer's disease, arthritis, diabetes, HIV/AIDS, a mental health condition, or respiratory disease, and (iii) a therapeutically equivalent generic medication has been
109 [June 1, 2002] approved by the federal Food and Drug Administration. (Source: P.A. 88-554, eff. 7-26-94; 89-673, eff. 8-14-96.) (305 ILCS 5/11-16) (from Ch. 23, par. 11-16) Sec. 11-16. Changes in grants; cancellations, revocations, suspensions. (a) All grants of financial aid under this Code shall be considered as frequently as may be required by the rules of the Illinois Department. The Department of Public Aid shall consider grants of financial aid to children who are eligible under Article V of this Code at least annually and shall take into account those reports filed, or required to be filed, pursuant to Sections 11-18 and 11-19. After such investigation as may be necessary, the amount and manner of giving aid may be changed or the aid may be entirely withdrawn if the County Department, local governmental unit, or Illinois Department finds that the recipient's circumstances have altered sufficiently to warrant such action. Financial aid may at any time be canceled or revoked for cause or suspended for such period as may be proper. (b) Whenever any such grant of financial aid is cancelled, revoked, reduced, or terminated because of the failure of the recipient to cooperate with the Department, including but not limited to the failure to keep an appointment, attend a meeting, or produce proof or verification of eligibility or need, the grant shall be reinstated in full, retroactive to the date of the change in or termination of the grant, provided that within 10 working days after the first day the financial aid would have been available, the recipient cooperates with the Department and is not otherwise ineligible for benefits for the period in question. This subsection (b) does not apply to sanctions imposed for the failure of any recipient to participate as required in the child support enforcement program or in any educational, training, or employment program under this Code or any other sanction under Section 4-21, nor does this subsection (b) apply to any cancellation, revocation, reduction, termination, or sanction imposed for the failure of any recipient to cooperate in the monthly reporting process or the quarterly reporting process. (Source: P.A. 90-17, eff. 7-1-97; 91-357, eff. 7-29-99.) (305 ILCS 5/12-3) (from Ch. 23, par. 12-3) Sec. 12-3. Local governmental units. As provided in Article VI, local governmental units shall provide funds for and administer the programs provided in that Article subject, where so provided, to the supervision of the Illinois Department. Local governmental units shall also provide the social services and utilize the rehabilitative facilities authorized in Article IX for persons served through Article VI, and shall discharge such other duties as may be required by this Code or other laws of this State. In counties not under township organization, the county shall provide funds for and administer such programs. In counties under township organization (including any such counties in which the governing authority is a board of commissioners) the various towns other than those towns lying entirely within the corporate limits of any city, village or incorporated town having a population of more than 500,000 inhabitants shall provide funds for and administer such programs. Cities, villages, and incorporated towns having a population of more than 500,000 inhabitants shall provide funds for public aid purposes under Article VI but the Department of Human Services shall administer the program for such municipality. For the fiscal year beginning July 1, 2003, however, the municipality shall decrease by $5,000,000 the amount of funds it provides for public aid purposes under Article VI. For each fiscal year thereafter, the municipality shall decrease the amount of funds it provides for public aid purposes under Article VI in that fiscal year by an additional amount equal to (i) $5,000,000 or (ii) the amount provided by the municipality in the preceding fiscal year, whichever is less, until the municipality does not provide any funds for public aid purposes under Article VI. Incorporated towns which have superseded civil townships shall provide funds for and administer the public aid program provided by
[June 1, 2002] 110 Article VI. In counties of less than 3 million population having a County Veterans Assistance Commission in which there has been levied a tax as authorized by Section 5-2006 of the Counties Code for the purpose of providing assistance to military veterans and their families, the County Veterans Assistance Commission shall administer the programs provided by Article VI for such military veterans and their families as seek aid through the County Veterans Assistance Commission. (Source: P.A. 92-111, eff. 1-1-02.) (305 ILCS 5/12-4.34) (Section scheduled to be repealed on August 31, 2002) Sec. 12-4.34. Services to noncitizens. (a) Subject to specific appropriation for this purpose and notwithstanding Sections 1-11 and 3-1 of this Code, the Department of Human Services is authorized to provide services to legal immigrants, including but not limited to naturalization and nutrition services and financial assistance. The nature of these services, payment levels, and eligibility conditions shall be determined by rule. (b) The Illinois Department is authorized to lower the payment levels established under this subsection or take such other actions during the fiscal year as are necessary to ensure that payments under this subsection do not exceed the amounts appropriated for this purpose. These changes may be accomplished by emergency rule under Section 5-45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24-month period shall not apply.
111 [June 1, 2002] (Source: P.A. 91-5, eff. 5-27-99; 92-111, eff. 1-1-02.) Section 85. The Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act is amended by changing Section 3.16 as follows: (320 ILCS 25/3.16) (from Ch. 67 1/2, par. 403.16) Sec. 3.16. "Reasonable cost" means Average Wholesale Price (AWP) minus 10% for products provided by authorized pharmacies plus a professional dispensing fee determined by the Department in accordance with its findings in a survey of professional pharmacy dispensing fees conducted at least every 12 months. For the purpose of this Act, AWP shall be determined from the latest publication of the Blue Book, a universally subscribed pharmacist reference guide annually published by the Hearst Corporation. AWP may also be derived electronically from the drug pricing database synonymous with the latest publication of the Blue Book and furnished in the National Drug Data File (NDDF) by First Data Bank (FDB), a service of the Hearst Corporation. The elements of such fees and methodology of such survey shall be promulgated as an administrative rule. Effective July 1, 1986, the professional dispensing fee shall be $3.60 per prescription and such amount shall be adjusted on July 1st of each year thereafter in accordance with a survey of professional pharmacy dispensing fees. The Department may establish maximum acquisition costs from time to time based upon information as to the cost at which covered products may be readily acquired by authorized pharmacies. In no case shall the reasonable cost of any given pharmacy exceed the price normally charged to the general public by that pharmacy. In the event that generic equivalents for covered prescription drugs are available at lower cost, the Department shall establish the maximum acquisition costs for such covered prescription drugs at the lower generic cost unless, pursuant to the conditions described in subsection (f) of Section 4, a non-generic drug may be substituted. Effective July 1, 2002, the rates paid for products provided by authorized pharmacies and a professional dispensing fee shall be determined by the Department by rule. (Source: P.A. 91-699, eff. 1-1-01.) Section 99. Effective date. This Act takes effect upon becoming law, except that Sections 25, 26, 45, 60, and 65 take effect on July 1, 2002.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 4580 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5168 A bill for AN ACT in relation to public employee benefits. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 3 to HOUSE BILL NO. 5168. Passed the Senate, as amended, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate
[June 1, 2002] 112 AMENDMENT NO. 3. Amend House Bill 5168 by replacing everything after the enacting clause with the following: "Section 10. The Illinois Pension Code is amended by changing Sections 5-144, 5-167.5, 6-164.2, 8-110, 8-113, 8-120, 8-137, 8-138, 8-150.1, 8-158, 8-161, 8-164.1, 8-168, 8-171, 8-227, 8-230.7, 8-243.2, 9-121.15, 9-134, 9-134.3, 9-146.1, 9-148, 9-163, 9-179.3, 9-219, 11-125.8, 11-134, 11-134.1, 11-145.1, 11-153, 11-156, 11-160.1, 11-164, 11-167, 13-301, 13-302, 13-304, 13-502, 13-503, 14-105.7, 15-112, 17-106, 17-119.1, 17-121, 17-134, and 17-149 and adding Sections 5-129.1, 5-233.1, 8-230.9, 8-230.10, 9-121.16, 9-134.4, 9-148.1, and 13-304.1 as follows: (40 ILCS 5/5-129.1 new) Sec. 5-129.1. Withdrawal at mandatory retirement age - amount of annuity. (a) In lieu of any annuity provided in the other provisions of this Article, a policeman who is required to withdraw from service due to attainment of mandatory retirement age and has less than 20 years of service credit may elect to receive an annuity equal to 30% of average salary for the first 10 years of service plus 2% of average salary for each completed year of service or fraction thereof in excess of 10, but not to exceed a maximum of 48% of average salary. (b) For the purpose of this Section, "average salary" means the average of the highest 4 consecutive years of salary within the last 10 years of service, or such shorter period as may be used to calculate a minimum retirement annuity under Section 5-132. (c) For the purpose of qualifying for the annual increases provided in Section 5-167.1, a policeman whose retirement annuity is calculated under this Section shall be deemed to qualify for a minimum annuity. (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144) Sec. 5-144. Death from injury in the performance of acts of duty; compensation annuity and supplemental annuity. (a) Beginning January 1, 1986, and without regard to whether or not the annuity in question began before that date, if the annuity for the widow of a policeman whose death, on or after January 1, 1940, results from injury incurred in the performance of an act or acts of duty, is not equal to the sum hereinafter stated, "compensation annuity" equal to the difference between the annuity and an amount equal to 75% of the policeman's salary attached to the position he held by certification and appointment as a result of competitive civil service examination that would ordinarily have been paid to him as though he were in active discharge of his duties shall be payable to the widow until the policeman, had he lived, would have attained age 63. The total amount of the widow's annuity and children's awards payable to the family of such policeman shall not exceed the amounts stated in Section 5-152. The provisions of this Section, as amended by Public Act 84-1104, including the reference to the date upon which the deceased policeman would have attained age 63, shall apply to all widows of policemen whose death occurs on or after January 1, 1940 due to injury incurred in the performance of an act of duty, regardless of whether such death occurred prior to September 17, 1969. For those widows of policemen that died prior to September 17, 1969, who became eligible for compensation annuity by the action of Public Act 84-1104, such compensation annuity shall begin and be calculated from January 1, 1986. The provisions of this amendatory Act of 1987 are intended to restate and clarify the intent of Public Act 84-1104, and do not make any substantive change. (b) Upon termination of the compensation annuity, "supplemental annuity" shall become payable to the widow, equal to the difference between the annuity for the widow and an amount equal to 75%
113 [June 1, 2002] the 92nd General Assembly
[June 1, 2002] 114 that plan, if they so choose, through June 30, 2003
115 [June 1, 2002] Sec. 5-233.1. Transfer of creditable service to Article 8 or 11 fund. A person who (i) is an active participant in a fund established under Article 8 or 11 of this Code and (ii) has at least 10 and no more than 22 years of creditable service in this Fund may, within the 90 days following the effective date of this Section, apply for transfer of his or her credits and creditable service accumulated in this Fund to the Article 8 or 11 fund. At the time of the transfer, this Fund shall pay to the Article 8 or 11 fund an amount consisting of: (1) the amounts credited to the applicant through employee contributions for the service to be transferred, including interest; and (2) the corresponding municipality credits, including interest, on the books of the Fund on the date of transfer. Participation in this Fund with respect to the credits transferred shall terminate on the date of transfer. (40 ILCS 5/6-164.2) (from Ch. 108 1/2, par. 6-164.2) Sec. 6-164.2. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2) "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
[June 1, 2002] 116 accordance with subsections (c) and (g). (5) Medicare Plan annuitants who are currently enrolled in the basic city plan for Medicare eligible annuitants may remain in that plan, if they so choose, through June 30, 2003
117 [June 1, 2002] of the change, and any increase shall be prospective only. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110) Sec. 8-110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2)
[June 1, 2002] 118 however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership. (h) After December 31, 1965, any person employed in the public library of the city -- and any other person -- who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act. (i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act. (j) Any person employed full-time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8-230.9. (k) Any person employed full-time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8-230.7. (Source: P.A. 83-802.) (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120) Sec. 8-120. Child or children. "Child" or "children": The natural child or children, or any child or children legally adopted by an employee at least one year prior to the date any benefit for the child or children accrues
119 [June 1, 2002] Article, on the same date each year thereafter. The increases provided under this subsection are in lieu of the increases provided in subsection (a). (b) Subsections (a) and (a-5) are
[June 1, 2002] 120 under such age at withdrawal, as computed in the last preceding paragraph, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60 if the employee was born before January 1, 1936, or 0.5% for each such month if the employee was born on or after January 1, 1936. Any employee born before January 1, 1936, who withdraws with 20 or more years of service, and any employee with 20 or more years of service who withdraws on or after January 1, 1988, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 1.80% for each of the first 10 years of service, 2.00% for each of the next 10 years of service, 2.20% for each year of service in excess of 20 but not exceeding 30, and 2.40% for each year of service in excess of 30, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring on or after January 1, 1988, at age 55 or over but less than age 60, having at least 35 years of service, or an employee retiring on or after July 1, 1990, at age 55 or over but less than age 60, having at least 30 years of service, or an employee retiring on or after the effective date of this amendatory Act of 1997, at age 55 or over but less than age 60, having at least 25 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. However, in the case of an employee who retired on or after January 1, 1985 but before January 1, 1988, at age 55 or older and with at least 35 years of service, and who was subject under this subsection (b) to the reduction in retirement annuity because of retirement below age 60, that reduction shall cease to be effective January 1, 1991, and the retirement annuity shall be recalculated accordingly. Any employee who withdraws on or after July 1, 1990, with 20 or more years of service, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20% for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. Any employee who withdraws on or after the effective date of this amendatory Act of 1997 with 20 or more years of service may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20%
121 [June 1, 2002] shall not exceed 70% of highest average annual salary in the case of an employee who withdraws prior to July 1, 1971,
[June 1, 2002] 122 average salary if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of calculating this annuity, "final average salary" means the highest average annual salary for any 4 consecutive years in the last 10 years of service. (h) The minimum annuities provided under this Section shall be paid in equal monthly installments. (i) The amendatory provisions of part (b) and (g) of this Section shall be effective July 1, 1971 and apply in the case of every qualifying employee withdrawing on or after July 1, 1971. (j) The amendatory provisions of this amendatory Act of 1985 (P.A. 84-23) relating to the discount of annuity because of retirement prior to attainment of age 60, and to the retirement formula, for those born before January 1, 1936, shall apply only to qualifying employees withdrawing on or after July 18, 1985. (k) Beginning on January 1, 1999, the minimum amount of employee's annuity shall be $850 per month for life for the following classes of employees, without regard to the fact that withdrawal occurred prior to the effective date of this amendatory Act of 1998: (1) any employee annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any employee annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any employee annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose service in this fund is at least 5 years; (4) any employee annuitant withdrawing after age 60 on or after the effective date of this amendatory Act of 1998, with at least 10 years of service in this fund. The increases granted under items (1), (2) and (3) of this subsection (k) shall not be limited by any other Section of this Act. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1) Sec. 8-150.1. Minimum annuities for widows. The widow (otherwise eligible for widow's annuity under other Sections of this Article 8) of an employee hereinafter described, who retires from service or dies while in the service subsequent to the effective date of this amendatory provision, and for which widow the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of this Article is less than the amount provided in this Section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow of any employee who dies while in service on or after the date on which he attains age 60 if the death occurs before July 1, 1990, or on or after the date on which he attains age 55 if the death occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attains age 50 if the death occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have been entitled to receive had he withdrawn from the service on the day immediately preceding the date of his death, conditional upon such widow having attained the age of 60 or more years on such date if the death occurs before July 1, 1990, or age 55 or more if the death occurs on or after July 1, 1990, or age 50 or more if the death occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (k), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death in service occurs before January 23, 1987. The
123 [June 1, 2002] widow's annuity shall not be limited to a maximum dollar amount if the employee's death in service occurs on or after January 23, 1987. If the employee dies in service before July 1, 1990, and if such widow of such described employee shall not be 60 or more years of age on such date of death, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age, shall, in the case of such younger widow, be reduced by 0.25% for each month that her then attained age is less than 60 years if the employee was born before January 1, 1936 or dies in service on or after January 1, 1988, or by 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after July 1, 1936 and dies in service before January 1, 1988. If the employee dies in service on or after July 1, 1990, and if the widow of the employee has not attained age 55 on or before the employee's date of death, the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee dies in service on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (b) The widow of any employee who dies subsequent to the date of his retirement on annuity, and who so retired on or after the date on which he attained the age of 60 or more years if retirement occurs before July 1, 1990, or on or after the date on which he attained age 55 if retirement occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attained age 50 if the retirement occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband received as of the date of his retirement on annuity, conditional upon such widow having attained the age of 60 or more years on the date of her husband's retirement on annuity if retirement occurs before July 1, 1990, or age 55 or more if retirement occurs on or after July 1, 1990, or age 50 or more if the retirement on annuity occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (k), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987, regardless of the date of retirement; provided that, if retirement was before January 23, 1987, the employee or eligible spouse repays the excess spouse refund with interest at the effective rate from the date of refund to the date of repayment. If the date of the employee's retirement on annuity is before July 1, 1990, and if such widow of such described employee shall not have attained such age of 60 or more years on such date of her husband's retirement on annuity, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age on the date of her husband's retirement on annuity, shall, in the case of such then younger widow, be reduced by 0.25% for each month that her then attained age was less than 60 years if the employee was born before January 1, 1936 or withdraws from service on or after January 1, 1988, or by 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after January 1, 1936 and withdraws from service before January 1, 1988. If the date of the employee's retirement on annuity is on or after July 1, 1990, and if the widow of the employee has not attained age 55 by the date of the employee's retirement on annuity, the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for
[June 1, 2002] 124 each month that her then attained age is less than 55 years; except that if the employee retires on annuity on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former municipal employee receiving an annuity from the fund on August 9, 1965 or on the effective date of this amendatory provision, who re-enters service as a municipal employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) In computing the amount of annuity which the husband specified in the foregoing paragraphs (a) and (b) of this Section would have been entitled to receive, or received, such amount shall be the annuity to which such husband would have been, or was entitled, before reduction in the amount of his annuity for the purposes of the voluntary optional reversionary annuity provided for in Section
125 [June 1, 2002] service occurred on or after January 1, 1988, or by 0.5% for each month that her attained age is less than age 60 if the employee's retirement or death in service occurred prior to January 1, 1988. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the increase in benefit provided by this subsection (i) shall be contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (j) If a deceased employee is receiving a retirement annuity at the time of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of any other annuity provided under this Article, 50% of the deceased employee's retirement annuity at the time of death reduced by 0.25% for each month that the widow's age on the date of death is less than 55; except that if the employee dies on or after January 1, 1998 and withdrew from service on or after June 27, 1997 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (j) shall be reduced by 0.25% for each month that her age on the date of death is less than 50 years. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the benefit provided by this subsection (j) is contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (k) For widows of employees who died before January 23, 1987 after retirement on annuity or in service, the maximum dollar amount limitation on widow's annuity shall cease to apply, beginning with the first annuity payment after the effective date of this amendatory Act of 1997; except that if a refund of excess contributions for widow's annuity has been paid by the Fund, the increase resulting from this subsection (k) shall not begin before the refund has been repaid to the Fund, together with interest at the effective rate from the date of the refund to the date of repayment. (l) In lieu of any other annuity provided in this Article, an eligible spouse of an employee who dies in service at least 60 days after the effective date of this amendatory Act of the 92nd General Assembly with at least 10 years of service shall be entitled to an annuity of 50% of the minimum formula annuity earned and accrued to the credit of the employee at the date of death. For the purposes of this subsection, the minimum formula annuity earned and accrued to the credit of the employee is equal to 2.40% for each year of service of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of death, up to a maximum of 80% of the highest average annual salary. This annuity shall not be reduced due to the age of the employee or spouse. In addition to any other eligibility requirements under this Article, the spouse is eligible for this annuity only if the marriage was in effect for 10 full years or more. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158) Sec. 8-158. Child's annuity. A child's annuity is payable monthly after the death of an employee parent to the child until the child's attainment of age 18, under the following conditions, if the child was born before the employee attained age 65, and before he withdrew from service: (a)
[June 1, 2002] 126 after age 55 (or after age 50 with at least 30 years of service if withdrawal is on or after June 27, 1997) and who has entered upon or is eligible for annuity. Payment shall be made as provided in Section 8-125. (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.) (40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161) Sec. 8-161. Ordinary disability benefit. An employee while under age 65 and prior to January 1, 1979, or while under age 70 and after January 1, 1979, who becomes disabled after the effective date as the result of any cause other than injury incurred in the performance of duty, shall be entitled to ordinary disability benefit during such disability, after the first 30 days thereof. The first payment shall be made not later than one month after the benefit is granted and each subsequent payment shall be made not later than one month after the last preceding payment. The disability benefit prescribed herein shall cease when the first of the following dates shall occur and the employee, if still disabled, shall thereafter be entitled to such annuity as is otherwise provided in this Article: (a) the date disability ceases. (b) the date the disabled employee attains age 65 for disability commencing prior to January 1, 1979. (c) the date the disabled employee attains age 65 for disability commencing prior to attainment of age 60 in the service and after January 1, 1979. (d) the date the disabled employee attains the age of 70 for disability commencing after attainment of age 60 in the service and after January 1, 1979. (e) the date the payments of the benefit shall exceed in the aggregate, throughout the employee's service, a period equal to 1/4 of the total service rendered prior to the date of disability but in no event more than 5 years. In computing such total service any period during which the employee received ordinary disability benefit shall be excluded. Any employee whose ordinary disability benefit was terminated after January 1, 1979 by reason of his attainment of age 65 and who continues disabled after age 65 may elect before July 1, 1986 to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1985. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by any refund paid in lieu of annuity. Ordinary disability benefit shall be 50% of the employee's salary at the date of disability. For ordinary disability benefits paid before January 1, 2001, before any payment, an amount equal to
127 [June 1, 2002] benefit under the federal Social Security Act, whether or not that federal benefit is based on service as a covered employee under this Article. The reduction shall be effective as of the month the employee is eligible for the social security disability benefit. The Board may make this reduction pending determination of eligibility for the social security disability benefit, if it appears to the Board that the employee may be eligible, and make an appropriate adjustment if necessary after eligibility for the social security disability benefit is determined. If the employee's social security disability benefit is reduced or terminated because of a refusal to accept rehabilitation services under the federal Rehabilitation Act of 1973 or the federal Social Security Act or because the employee is receiving a workers' compensation benefit, the ordinary disability benefit under this Section shall be reduced as if the employee were receiving the full social security disability benefit. The amount of ordinary disability benefit shall not be reduced by reason of any increase in the amount of social security disability benefit that takes effect after the month of the initial reduction under this Section, other than an increase resulting from a correction in the employee's wage records. (Source: P.A. 84-23.) (40 ILCS 5/8-164.1) (from Ch. 108 1/2, par. 8-164.1) Sec. 8-164.1. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2) "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
[June 1, 2002] 128 annuitant's monthly annuity. (4) Non-Medicare Plan annuitants who are enrolled in the basic city plan as of July 1, 1998 may remain in the basic city plan, if they so choose, on the condition that they are not entitled to the caps on rates set forth in subparagraphs (1) through (3), and their premium rate shall be the rate determined in accordance with subsections (c) and (g). (5) Medicare Plan annuitants who are currently enrolled in the basic city plan for Medicare eligible annuitants may remain in that plan, if they so choose, through June 30, 2003
129 [June 1, 2002] (b). The city, based upon the determination of the independent actuary, shall set the monthly amounts to be paid by the participating annuitants. The board may deduct the amounts to be paid by its annuitants from the participating annuitants' monthly annuities. If it is determined from the city's annual audit, or from audited experience data, that the total amount paid by all participating annuitants was more or less than the difference between (1) the cost of providing the group health care plans, and (2) the sum of the amount to be paid by the city as determined under subsection (c) and the amounts paid by all the pension boards, then the independent actuary and the city shall account for the excess or shortfall in the next year's payments by annuitants, except as provided in subsection (b). (h) An annuitant may elect to terminate coverage in a plan at the end of any month, which election shall terminate the annuitant's obligation to contribute toward payment of the excess described in subsection (g). (i) The city shall advise the board of all proposed premium increases for health care at least 75 days prior to the effective date of the change, and any increase shall be prospective only. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168) Sec. 8-168. Refunds - Withdrawal before age 55 or with less than 10 years of service. 1. An employee, without regard to length of service, who withdraws before age 55, and any employee with less than 10 years of service who withdraws before age 60, shall be entitled to a refund of the accumulated sums to his credit, as of the date of withdrawal, for age and service annuity and widow's annuity from amounts contributed by him, including interest credited and including amounts contributed for him for age and service and widow's annuity purposes by the city while receiving duty disability benefits; provided that such amounts contributed by the city after December 31, 1981, while the employee is receiving duty disability benefits, and amounts credited to the employee for annuity purposes by the fund after December 31, 2000, while the employee is receiving ordinary disability benefits, shall not be credited for refund purposes. If he is a present employee he shall also be entitled to a refund of the accumulations from any sums contributed by him, and applied to any municipal pension fund superseded by this fund. 2. Upon receipt of the refund, the employee surrenders and forfeits all rights to any annuity or other benefits, for himself and for any other persons who might have benefited through him; provided that he may have such period of service counted in computing the term of his service if he becomes an employee before age 65, excepting as limited by the provisions of paragraph (a) (3) of Section 8-232 of this Article relating to the basis of computing the term of service. 3. Any such employee shall retain such right to a refund of such amounts when he shall apply for same until he re-enters the service or until the amount of annuity shall have been fixed as provided in this Article. Thereafter, no such right shall exist in the case of any such employee. 4. Any such municipal employee who shall have served 10 or more years and who shall not withdraw the amounts aforesaid to which he shall have a right of refund shall have a right to annuity as stated in this Article. 5. Any such municipal employee who shall have served less than 10 years and who shall not withdraw the amounts to which he shall have a right to refund shall have a right to have all such amounts and all other amounts to his credit for annuity purposes on date of his withdrawal from service retained to his credit and improved by interest while he shall be out of the service at the rate of 3 1/2% or 3% per annum (whichever rate shall apply under the provisions of Section 8-155 of this Article) and used for annuity purposes for his benefit and the benefit of any person who may have any right to annuity through him because of his service, according to the provisions of this Article in the event that he shall subsequently re-enter the service and complete
[June 1, 2002] 130 the number of years of service necessary to attain a right to annuity; but such sum shall be improved by interest to his credit while he shall be out of the service only until he shall have become 65 years of age. (Source: P.A. 82-283.) (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171) Sec. 8-171. Refund in lieu of annuity. In lieu of an annuity, an employee who withdraws and whose annuity would amount to less than $800 a month for life, may elect to receive a refund of his accumulated contributions for annuity purposes, based on the amounts contributed by him. The widow of any employee, eligible for annuity upon the death of her husband, whose widow's annuity would amount to less than $800 a month for life, may, in lieu of widow's annuity, elect to receive a refund of the accumulated contributions for annuity purposes, based on the amounts contributed by her deceased employee husband, but reduced by any amounts theretofore paid to him in the form of an annuity or refund out of such accumulated contributions. Accumulated contributions shall mean the amounts - including the interest credited thereon - contributed by the employee for age and service and widow's annuity to the date of his withdrawal or death, whichever first occurs, including any amounts contributed for him as salary deductions while receiving duty disability benefits, and, if not otherwise included, any accumulations from sums contributed by him and applied to any pension fund superseded by this fund; provided that such amounts contributed by the city after December 31, 1981 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability shall not be included. The acceptance of such refund in lieu of widow's annuity, on the part of a widow, shall not deprive a child or children of the right to receive a child's annuity as provided for in Sections 8-158 and 8-159 of this Article, and neither shall the payment of a child's annuity in the case of such refund to a widow reduce the amount herein set forth as refundable to such widow electing a refund in lieu of widow's annuity. (Source: P.A. 91-887, eff. 7-6-00.) (40 ILCS 5/8-227) (from Ch. 108 1/2, par. 8-227) Sec. 8-227. Service as police officer, firefighter or teacher. (a) Service rendered by an employee as a police officer and member of the regularly constituted police department of the city, or as a firefighter and regular member of the paid fire department of the city, or as a teacher in the public school system in the city shall be counted, for the purposes of this Article, as service rendered as an employee of the city. Salary received for any such service shall be treated, for the purposes of this Article, as salary received for the performance of duty as an employee. (b) Subsection (a) applies
131 [June 1, 2002] regard to service to an employer other than the Public Building Commission of the city may contribute to the Fund and receive credit for all periods of full-time employment with
[June 1, 2002] 132 participating employees of the city. Employee contributions shall be based on the salary actually received by the employee for that employment. Employer contributions shall be paid by the Chicago Housing Authority rather than the city, at a rate to be determined by the Retirement Board. (b) An employee or former employee of the Chicago Housing Authority who has established credit under the Fund with regard to service to an employer other than the Chicago Housing Authority may contribute to the Fund and receive credit for all periods of full-time employment with the Chicago Housing Authority occurring prior to 60 days after the effective date of this amendatory Act, except for those periods for which the employee retains a right to credit in another public pension fund or retirement system established under this Code. Such service credit shall be paid for and granted on the same basis and under the same conditions as are applicable in the case of employees who make payment for past service under Section 8-230, provided that the person must also pay the corresponding employer contributions, and further provided that the contributions and service credit are permitted under Section 415 of the Internal Revenue Code of 1986. The contributions shall be based on the salary actually received by the person from the Authority for that employment. (c) A person establishing service credit under subsection (b) or electing to participate in the Fund under subsection (a) may, at the same time, reinstate service credit that was terminated through receipt of a refund by repaying to the Fund the amount of the refund plus interest at the effective rate from the date of the refund to the date of repayment. (d) An eligible person may establish service credit under subsection (b) and reinstate service credit under subsection (c) without returning to active service as an employee under this Article, but the required contributions and repayment must be received by the Fund before the person begins to receive a retirement annuity under this Article. (40 ILCS 5/8-230.10 new) Sec. 8-230.10. Service rendered to IHDA. An employee with at least 10 years of creditable service in the Fund may establish service credit for up to 7 years of full-time employment by the Illinois Housing Development Authority for which the employee does not have credit in another public pension fund or retirement system. To establish service credit under this Section, the employee must apply to the Fund in writing by January 1, 2003 and pay to the Fund, at any time before beginning to receive a retirement annuity under this Article, an amount to be determined by the Fund, consisting of (i) employee contributions based on the salary actually received by the person from the Illinois Housing Development Authority for that employment and the contribution rates then in effect for employees of the Fund, (ii) the corresponding employer contributions, and (iii) regular interest on the amounts in items (i) and (ii) from the date of the service to the date of payment. (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2) Sec. 8-243.2. Alternative annuity for city officers. (a) For the purposes of this Section and Sections 8-243.1 and 8-243.3, "city officer" means the city clerk, the city treasurer, or an alderman of the city elected by vote of the people, while serving in that capacity or as provided in subsection (f), who has elected to participate in the Fund. (b) Any elected city officer, while serving in that capacity or as provided in subsection (f), may elect to establish alternative credits for an alternative annuity by electing in writing to make additional optional contributions in accordance with this Section and the procedures established by the board. Such elected city officer may discontinue making the additional optional contributions by notifying the Fund in writing in accordance with this Section and procedures established by the board. Additional optional contributions for the alternative annuity shall be as follows:
133 [June 1, 2002] (1) For service after the option is elected, an additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Sections 8-174 and 8-182. (2) For service before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the effective rate from the date of service to the date of payment. All payments for past service must be paid in full before credit is given. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the effective rate from the date of refund to the date of repayment. (c) In lieu of the retirement annuity otherwise payable under this Article, any city officer elected by vote of the people who (1) has elected to participate in the Fund and make additional optional contributions in accordance with this Section, and (2) has attained age 55
[June 1, 2002] 134 Fund from other Articles of this Code, and to make the contributions required for prior service, until 30 days after the effective date of this amendatory Act of the 92nd General Assembly
135 [June 1, 2002] annuity because of retirement below age 60. An employee who withdraws on or after January 1, 1988, with 20 or more years of service and before age 60, is entitled to annuity as computed above, to begin not earlier than age 50 if under such age at withdrawal, reduced 1/2 of 1% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60, to the end that the total reduction at age 50 shall be 60%, except that an employee retiring at age 50 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. An employee who withdraws on or after January 1, 1992 but before January 1, 1993, at age 60 or over with 5 or more years of service, may elect, in lieu of any other employee annuity provided in this Section, to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.40% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws on or after January 1, 1992, but before January 1, 1993, on or after attainment of age 55 but before attainment of age 60 with 5 or more years of service, is entitled to elect such annuity, but the annuity shall be reduced 0.25% for each full month or fractional part thereof that his attained age when the annuity is to begin is less than age 60, to the end that the total reduction at age 55 shall be 15%, except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. This annuity benefit formula shall only apply to those employees who are age 55 or over prior to January 1, 1993, and who elect to withdraw at age 55 or over on or after January 1, 1992 but before January 1, 1993. An employee who withdraws on or after July 1, 1996 but before August 1, 1996, at age 55 or over with 8 or more years of service, may elect, in lieu of any other employee annuity provided in this Section, to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.40% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, but the annuity shall be reduced by 0.25% for each full month or fractional part thereof that the annuitant's attained age when the annuity is to begin is less than age 60, unless the annuitant has at least 30 years of service. The maximum annuity under this paragraph (a) shall not exceed 70% of highest average annual salary for any 5 consecutive years within the last 10 years of service in the case of an employee who withdraws prior to July 1, 1971, and 75% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after July 1, 1971 and prior to January 1, 1988, and 80% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after January 1, 1988. Fifteen hundred dollars shall be considered the minimum amount of annual salary for any year, and the maximum shall be his salary as defined in this Article, except that for the years before 1957 and subsequent to 1952 the maximum annual salary to be considered shall be $6,000, and for any year before the year 1953, $4,800. (b) Any employee who withdraws on or after July 1, 1985 but prior to January 1, 1988, at age 60 or over with 10 or more years of service, may elect in lieu of the benefit in paragraph (a) to receive an annuity for life equal to 2.00% for each year of service, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws on or after July 1, 1985, but prior to January 1, 1988, with 10 or more years of service, but before age 60, is entitled to elect such annuity, to begin not earlier than age 55, but the annuity shall be reduced 0.5% for each full month or fractional
[June 1, 2002] 136 part thereof that his attained age when the annuity is to begin is less than 60, to the end that the total reduction at age 55 shall be 30%; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. An employee who withdraws on or after January 1, 1988, at age 60 or over with 10 or more years of service, may elect, in lieu of the benefit in paragraph (a), to receive an annuity for life equal to 2.20% for each of the first 20 years of service, and 2.4% for each year of service in excess of 20, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws on or after January 1, 1988, with 10 or more years of service, but before age 60, is entitled to elect such annuity, to begin not earlier than age 50, but the annuity shall be reduced 0.5% for each full month or fractional part thereof that his attained age when the annuity is to begin is less than 60, to the end that the total reduction at age 50 shall be 60%, except that an employee retiring at age 50 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. An employee who withdraws on or after June 30, 2002 with 10 or more years of service may elect, in lieu of any other retirement annuity provided under this Article, to receive an annuity for life, beginning no earlier than upon attainment of age 50, equal to 2.40% of his or her highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding withdrawal, for each year of service. If the employee has less than 30 years of service, the annuity shall be reduced by 0.5% for each full month or remaining fraction thereof that the employee's attained age when the annuity is to begin is less than 60. The maximum annuity under this paragraph (b) shall not exceed 75% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal occurs prior to January 1, 1988, or 80% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal if withdrawal takes place on or after January 1, 1988. The provisions of this paragraph (b) do not apply to any former County employee receiving an annuity from the fund, who re-enters service as a County employee, unless he renders at least 3 years of additional service after the date of re-entry. (c) For an employee receiving disability benefit, the salary for annuity purposes under paragraph (a) or (b) of this Section shall, for all periods of disability benefit subsequent to the year 1956, be the amount on which his disability benefit was based. (d) A county employee with 20 or more years of service, whose entire disability benefit credit period expires before attainment of age 50 (age 55 if expiration occurs before January 1, 1988), while still disabled for service is entitled upon withdrawal to the larger of: (1) The minimum annuity provided above, assuming that he is then age 50 (age 55 if expiration occurs before January 1, 1988), and reducing such annuity to its actuarial equivalent at his attained age on such date, or (2) the annuity provided from his age and service and prior service annuity credits. (e) The minimum annuity provisions above do not apply to any former county employee receiving an annuity from the fund, who re-enters service as a county employee, unless he renders at least 3 years of additional service after the date of re-entry. (f) Any employee in service on July 1, 1947, or who enters service thereafter before attaining age 65 and withdraws after age 65 with less than 10 years of service for whom the annuity has been fixed under the foregoing Sections of this Article, shall, instead of the annuity so fixed, receive an annuity as follows: Such amount as he could have received had the accumulated amounts
137 [June 1, 2002] for annuity been improved with interest at the effective rate to the date of withdrawal, or to attainment of age 70, whichever is earlier, and had the county contributed to such earlier date for age and service annuity the amount that it would have contributed had he been under age 65, after the date his annuity was fixed in accordance with this Article, and assuming his annuity were computed from such accumulations as of his age on such earlier date. However those employees who before July 1, 1953, made additional contributions in accordance with this Article, the annuity so computed under this paragraph shall not exceed the annuity which would be payable under the other provisions of this Section if the employee concerned was credited with 20 years of service and would qualify for annuity thereunder. (g) Instead of the annuity provided in this or any other Section of this Article, an employee having attained age 65 with at least 15 years of service may elect to receive a minimum annual annuity for life equal to 1% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding retirement for each year of service, plus the sum of $25 for each year of service provided that no such minimum annual annuity may be greater than 60% of such highest average annual salary. (h) The annuity is payable in equal monthly installments. (i) If, by operation of law, a function of a governmental unit, as defined by Section 20-107 of this Code, is transferred in whole or in part to the county in which this Article 9 is created as set forth in Section 9-101, and employees of the governmental unit are transferred as a class to such county, the earnings credits in the retirement system covering the governmental unit which have been validated under Section 20-109 of this Code shall be considered in determining the highest average annual salary for purposes of this Section 9-134. (j) The annuity being paid to an employee annuitant on July 1, 1988, shall be increased on that date by 1% for each full year that has elapsed from the date the annuity began. (k) Notwithstanding anything to the contrary in this Article 9, Section 20-131 shall not apply to an employee who withdraws on or after January 1, 1988, but prior to attaining age 55. Therefore, no employee shall be entitled to elect to have the alternative formula previously set forth in Section 20-122 prior to the amendatory Act of 1975 apply to any annuity, the payment of which commenced after January 1, 1988, but prior to such employee's attainment of age 55. (Source: P.A. 86-272; 87-794.) (40 ILCS 5/9-134.3) Sec. 9-134.3. Early retirement incentives. (a) To be eligible for the benefits provided in this Section, a person must: (1) be a current contributing member of the Fund established under this Article who, on May 1, 1997 and within 30 days prior to the date of retirement, is (i) in active payroll status in a position of employment under this Article or (ii) receiving disability benefits under Section 9-156 or 9-157; or else be eligible under subsection (g); (2) have not previously retired from the Fund, except as provided under subsection (g); (3) file with the Board before October 1, 1997 (or the date specified in subsection (g), if applicable)
[June 1, 2002] 138 (1) The employee's retirement annuity, as calculated under the other provisions of this Article, shall be increased at the time of retirement by an amount equal to 1% of the employee's average annual salary for the highest 4 consecutive years within the last 10 years of service, multiplied by the employee's number of years of service credit in this Fund up to a maximum of 10 years; except that the total retirement annuity, including any additional benefits elected under Section 9-121.6 or 9-179.3, shall not exceed 80% of that highest average annual salary. (2) If the employee's retirement annuity is calculated under Section 9-134, the employee shall not be subject to the reduction in retirement annuity because of retirement below age 60 that is otherwise required under that Section. (c) A person who elects to retire under the provisions of this Section thereby relinquishes his or her right, if any, to have the retirement annuity calculated under the alternative formula formerly set forth in Section 20-122 of the Retirement Systems Reciprocal Act. (d) In the case of an employee whose immediate retirement could jeopardize public safety or create hardship for the employer, the deadline for retirement provided in subdivision (a)(4) of this Section may be extended to a specified date, no later than August 31, 1998, by the employee's department head, with the approval of the President of the County Board. In the case of an employee who is not employed by a department of the County, the employee's "department head", for the purposes of this Section, shall be a person designated by the President of the County Board. (e) Notwithstanding Section 9-161, an annuitant who reenters service under this Article after receiving a retirement annuity based on benefits provided under this Section thereby forfeits the right to continue to receive those benefits and shall have his or her retirement annuity recalculated without the benefits provided in this Section. (f) This Section also applies to the Fund established under Article 10 of this Code. (g) A person who (1) was a participating employee on November 30, 1996, (2) was laid off on or after December 1, 1996 and before May 1, 1997 due to the elimination of the employee's job or position, (3) meets the requirements of items (3) through (6) of subsection (a), and (4) has not been reinstated as a Cook County employee since being laid off is eligible for the benefits provided under this Section. For such a person, the application required under subdivision (a)(3) of this Section must be filed within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, and the date of retirement must be within 60 days after the effective date of this amendatory Act. In the case of a person eligible under this subsection (g) who began to receive a retirement annuity before the effective date of this amendatory Act, the annuity shall be recalculated to include the increase under this Section, and that increase shall take effect on the first annuity payment date following the date of application. (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/9-134.4 new) Sec. 9-134.4. Early retirement incentives. (a) To be eligible for the benefits provided in this Section, a person must: (1) be a current contributing member of the Fund established under this Article who, on January 1, 2001 and within 30 days prior to the date of retirement, is (i) in active payroll status in a position of employment under this Article or (ii) receiving disability benefits under Section 9-156 or 9-157; (2) have not previously retired from the Fund; (3) file with the Board before March 1, 2003 a written application requesting the benefits provided in this Section; (4) elect to retire under this Section on or after November 30, 2002 and on or before March 31, 2003 (or the date established under subsection (d), if applicable); (5) have attained age 50 on or before the date of retirement and on or before March 31, 2003; and
139 [June 1, 2002] (6) have at least 20 years of creditable service in the Fund, excluding service in any of the other participating systems under the Retirement Systems Reciprocal Act, by the effective date of the retirement annuity or March 31, 2003, whichever occurs first. (b) An employee who qualifies for the benefits provided under this Section shall be entitled to the following: (1) The employee's retirement annuity, as calculated under the other provisions of this Article, shall be increased at the time of retirement by an amount equal to 1% of the employee's average annual salary for the highest 4 consecutive years within the last 10 years of service, multiplied by the employee's number of years of service credit in this Fund up to a maximum of 10 years; except that the total retirement annuity, including any additional benefits elected under Section 9-121.6 or 9-179.3, shall not exceed 80% of that highest average annual salary. (2) If the employee's retirement annuity is calculated under Section 9-134, the employee shall not be subject to the reduction in retirement annuity because of retirement below age 60 that is otherwise required under that Section. (c) A person who elects to retire under the provisions of this Section thereby relinquishes his or her right, if any, to have the retirement annuity calculated under the alternative formula formerly set forth in Section 20-122 of the Retirement Systems Reciprocal Act. (d) In the case of an employee whose immediate retirement could jeopardize public safety or create hardship for the employer, the deadline for retirement provided in subdivision (a)(4) of this Section may be extended to a specified date, no later than September 30, 2003, by the employee's department head, with the approval of the President of the County Board. In the case of an employee who is not employed by a department of the County, the employee's "department head", for the purposes of this Section, shall be a person designated by the President of the County Board. (e) Notwithstanding Section 9-161, an annuitant who reenters service under this Article after receiving a retirement annuity based on benefits provided under this Section thereby forfeits the right to continue to receive those benefits and shall have his or her retirement annuity recalculated without the benefits provided in this Section. (f) This Section also applies to the Fund established under Article 10 of this Code. (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1) Sec. 9-146.1. Minimum annuities for widows. The widow of an employee who retires from service or dies while in the service subsequent to June 11, 1965, who is otherwise eligible for widow's annuity under this Article and for whom the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of this Article 9 is less than the amount hereinafter provided in this Section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow
[June 1, 2002] 140 except that such younger widow of an employee who dies while in service on or after July 1, 1985 with at least 30 years of service, shall not be subject to the reduction in widow's annuity because of her age less than 60 on the date of the employee's death. (b) The widow, of any employee who dies subsequent to the date of his retirement on annuity, and who so retired on or after the date on which he attained the age of 60 or more years with at least 20 years of service, or 10 or more years of service if retirement occurs on or after attainment of age 65 and on or after January 1, 1982, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband received as of the date of his retirement on annuity, conditional upon such widow having attained the age of 60 or more years on the date of her husband's retirement on annuity. Such amount of widow's annuity shall not, however, exceed the sum of $500 a month if the death occurs before the effective date of this amendatory Act of 1991. If such widow of such described employee shall not have attained such age of 60 or more years on such date of her husband's retirement on annuity, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age on the date of her husband's retirement on annuity, shall, in the case of such then younger widow, be reduced by 1/2 of 1 per cent for each month that her then attained age was less than 60 years; except that such younger widow of an employee retiring on or after July 1, 1985 with at least 30 years of service, shall not be subject to the reduction in widow's annuity because of her age less than 60 on the date of the employee's retirement. (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former county employee receiving an annuity from the Fund on June 11, 1965, who re-enters service as a county employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) An annuity being paid to a surviving spouse on January 1, 1984 shall be increased by 10% and shall thereafter be paid at the increased rate until the termination of the annuity by death or other cause. The annuity for a qualifying widow shall not exceed $500 per month. (e) The widow of any employee who dies while in service on or after July 1, 1985 but prior to January 1, 1988, and the widow of an employee who retires on or after July 1, 1985 but prior to January 1, 1988 with at least 10 years of service, and the widow of an employee who retires on or after January 1, 1984 but prior to July 1, 1985 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or one-half the amount of the originally granted retirement annuity, whichever is applicable. Such widow's annuity will be reduced 0.5% for each month that the widow's attained age is less than age 60 on the date of the employee's death in service or retirement if the employee's death in service or retirement is before January 1, 1988; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age less than 60 on the date of the employee's death in service or retirement. The widow of an employee who dies in service on or after January 1, 1988, or retires on or after January 1, 1988 with at least 10 years of service, shall be entitled to an annuity equal to 1/2 of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 1/2 of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. Such widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than age 60 on the date of the employee's death if employee's death in service or retirement is after January 1, 1988; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age on the date of the employee's death.
141 [June 1, 2002] In lieu of any other annuity provided by this Article, the widow of an employee who dies in service on or after January 1, 1992, or retires on or after January 1, 1992 with at least 10 years of service, shall be entitled to an annuity equal to 1/2 of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 1/2 of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. Such widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than age 55 on the date of the employee's death; except that such younger widow of an employee with at least 30 years of service shall not be subject to the reduction in widow's annuity because of her age on the date of the employee's death. In lieu of any other annuity provided by this Article, the widow of an employee who dies in service or withdraws from service on or after January 1, 1992 but before January 1, 1993 at age 55 or over with at least 5 but less than 10 years of service, shall be entitled to an annuity equal to half of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or half of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. This widow's annuity shall be reduced 0.5% for each month that the widow's attained age is less than 60 on the date of the employee's death. However, in the case of an employee dying in service, the amount of widow's annuity shall not be less than 10% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. The maximum amount of annuity under this paragraph shall not be limited to a dollar maximum. The provisions of this paragraph shall not apply to the widow of any former County employee receiving an annuity from the fund who re-enters service as a County employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (f) An annuity being paid to a surviving spouse on July 1, 1988, shall be increased on that date by 1% for each full year that has elapsed from the date the annuity began. (g) In lieu of any other annuity provided under this Article, if the deceased employee was receiving a retirement annuity at the time of his death and that death occurs on or after January 1, 1993, the widow's annuity shall be 50% of the deceased employee's retirement annuity at the time of death, reduced by 0.5% for each month that the widow's age on the date of death is less than 55, except that the reduction does not apply if the deceased employee had at least 30 years of service. (h) In lieu of any other annuity provided under this Article, the widow of an employee who dies in service on or after July 1, 2002 or has at least 10 years of service and dies on or after July 1, 2002 while receiving an annuity shall be entitled to a widow's annuity equal to 65% of the amount of annuity which her deceased husband would have received had he retired immediately prior to his death or 65% of the amount of the annuity which her deceased husband received as of the date of his death, whichever is applicable. This widow's annuity shall be reduced by 0.5% for each month that the widow's age on the date of the employee's death is less than 55, unless the deceased husband had at least 30 years of service. (Source: P.A. 86-273; 87-794; 87-1265.) (40 ILCS 5/9-148) (from Ch. 108 1/2, par. 9-148) Sec. 9-148. Widows or wives not entitled to annuity. Except as provided in Section 9-148.1, the following widows or wives of employees have no right to annuity from the fund: (a) The widow or wife, married subsequent to the effective date, of an employee who dies in service if she was not married to him before he attained age 65; (b) The widow or wife, married subsequent to the effective date, of an employee who withdraws from service whether or not he enters upon annuity, and who dies while out of service, if she was not his wife while he was in service and before he attained age 65; (c) The widow or wife of an employee with 10 or more years of
[June 1, 2002] 142 service whose death occurs out of and after he has withdrawn from service, and who has received a refund of contributions for annuity purposes; (d) The widow or wife of an employee with less than 10 years of service who dies out of service after he has withdrawn from service before he attained age 60. (Source: P.A. 81-1536.) (40 ILCS 5/9-148.1 new) Sec. 9-148.1. Widow's annuity for widow married to member for at least one year. Notwithstanding Section 9-148, if a member was not married at the time of retirement but married after retirement, that member's widow shall be entitled to a widow's annuity if (1) the widow was married to the member for at least the last year prior to the member's death; (2) the widow is otherwise eligible for a widow's annuity; and (3) the widow repays to the Fund (i) an amount equal to the amount of any refund paid to the member at the time of retirement pursuant to Section 9-165 plus (ii) interest thereon from the date of the refund until the time of repayment at the rate of 6% per year. (40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163) Sec. 9-163. Restoration of rights. An employee who has withdrawn as a refund the amounts credited for annuity purposes, and who re-enters service and serves for periods comprising at least 2 years after the date of the last refund paid to him, may have his annuity rights restored by making application to the board in writing for the privilege of reinstating such rights and by compliance with the following provisions: (a) The employee shall repay in full to the fund while in service all refunds received, together with interest at the effective rate from the application date of such refund or refunds to the date of repayment. (b) If payment is not made in a single sum, the repayment may be made in installments by deductions from salary or otherwise in such amounts as the employee may elect to pay, with interest at the effective rate accruing on unpaid balances. (c) If the employee withdraws from service or dies in service before full repayment is made, or during the required return to service, the amounts repaid, including interest repaid but without further interest, shall be refunded in accordance with the refund provisions of this Article. For an employee who applies to the Fund to reinstate credit and repay a refund between January 1, 1993 and March 1, 1993, the 2 year minimum period of subsequent service required under item (a) shall be instead a period of 6 months. A person who establishes service credit under Section 9-121.16 may, at the same time, reinstate credit in this Fund and repay a refund without a return to service, notwithstanding the other provisions of this Section. (Source: P.A. 87-1265.) (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3) Sec. 9-179.3. Optional plan of additional benefits and contributions. (a) While this plan is in effect, an employee may establish additional optional credit for additional optional benefits by electing in writing at any time to make additional optional contributions. The employee may discontinue making the additional optional contributions at any time by notifying the fund in writing. (b) Additional optional contributions for the additional optional benefits shall be as follows: (1) For service after the option is elected, an additional contribution of 3% of salary shall be contributed to the fund on the same basis and under the same conditions as contributions required under Sections 9-170 and 9-176. (2) For service before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the effective rate from the date of service to the date of payment. All payments for past service must
143 [June 1, 2002] be paid in full before credit is given. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the effective rate from the date of refund to the date of repayment. (c) Additional optional benefits shall accrue for all periods of eligible service for which additional contributions are paid in full. The additional benefit shall consist of an additional 1% for each year of service for which optional contributions have been paid, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to be added to the employee retirement annuity benefits as otherwise computed under this Article. The calculation of these additional benefits shall be subject to the same terms and conditions as are used in the calculation of retirement annuity under Section 9-134. The additional benefit shall be included in the calculation of the automatic annual increase in annuity, and in the calculation of widow's annuity, where applicable. However no additional benefits will be granted which produce a total annuity greater than the applicable maximum established for that type of annuity in this Article, and additional benefits shall not apply to any benefit computed under Section 9-128.1. (d) Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided under Sections 9-164, 9-166 and 9-167. Interest shall be credited at the effective rate on the same basis and under the same conditions as for other contributions. (e) Optional contributions shall be accounted for in a separate Optional Contribution Reserve. (f) The tax levy, computed under Section 9-169, shall be based on employee contributions including the amount of optional additional employee contributions. (g) Service eligible under this Section may include only service as an employee of the County as defined in Section 9-108, and subject to Sections 9-219 and 9-220. No service granted under Section 9-121.1, 9-121.4 or 9-179.2 shall be eligible for optional service credit. No optional service credit may be established for any military service, or for any service under any other Article of this Code. Optional service credit may be established for any period of disability paid from this fund, if the employee makes additional optional contributions for such periods of disability. (h) This plan of optional benefits and contributions shall not apply to any former county employee receiving an annuity from the fund, who re-enters service as a County employee, unless he renders at least 3 years of additional service after the date of re-entry. (i) The effective date of the optional plan of additional benefits and contributions shall be July 1, 1985, or the date upon which approval is received from the Internal Revenue Service, whichever is later. (j) This plan of additional benefits and contributions shall expire July 1, 2005
[June 1, 2002] 144 position. (b) Vacations, leaves of absence with whole or part pay, and leaves of absence without pay not longer than 90 days. (c) For an employee who is a member of a county police department or a correctional officer with the county department of corrections, approved leaves of absence without pay during which the employee serves as a full-time officer or employee
145 [June 1, 2002] of the 70th General Assembly from his position in a department of welfare of any city located in the county in which this Article is in force and effect to a similar position in a department of such county, service shall also be credited for ordinary disability benefit and child's annuity for such period of department of welfare service during which period he was a contributor to a statutory annuity and benefit fund in such city and for which purposes service credit would otherwise not be credited by virtue of such involuntary transfer. (5) An employee described in subsection (e) of Section 9-108 shall receive credit for child's annuity and ordinary disability benefit for the period of time for which he was credited with service in the fund from which he was involuntarily separated through class or group transfer; provided, that no such credit shall be allowed to the extent that it results in a duplication of credits or benefits, and neither shall such credit be allowed to the extent that it was or may be forfeited by the application for and acceptance of a refund from the fund from which the employee was transferred. (6) Overtime or extra service shall not be included in computing service. Not more than 1 year of service shall be allowed for service rendered during any calendar year. (Source: P.A. 86-1488; 87-794; 87-1265.) (40 ILCS 5/11-125.8) Sec. 11-125.8. Service as police officer, firefighter, or teacher. (a) Service rendered by an employee as a police officer and member of the regularly constituted police department of the city, or as a firefighter and regular member of the paid fire department of the city, or as a teacher in the public school system in the city shall be counted, for the purposes of this Article, as service rendered as an employee of the city. Salary received for any such service shall be treated, for the purposes of this Article, as salary received for the performance of duty as an employee. (b) Credit shall be granted under subsection (a) only if (1) the employee pays to the Fund prior to his or her separation from service an amount equal to the employee contributions that would have been payable for that service, based on the salary actually received, plus interest at the effective rate, and (2) the employee has terminated any credit for that service earned in any other annuity and benefit fund or pension fund in operation in the city for the benefit of police officers, firefighters, or teachers. The amount transferred to the Fund under item (1) of Section 5-233.1, if any, shall be credited against the contributions required under this subsection. (Source: P.A. 90-31, eff. 6-27-97.) (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134) Sec. 11-134. Minimum annuities. (a) An employee whose withdrawal occurs after July 1, 1957 at age 60 or over, with 20 or more years of service, (as service is defined or computed in Section 11-216), for whom the age and service and prior service annuity combined is less than the amount stated in this Section, shall, from and after the date of withdrawal, in lieu of all annuities otherwise provided in this Article, be entitled to receive an annuity for life of an amount equal to 1 2/3% for each year of service, of the highest average annual salary for any 5 consecutive years within the last 10 years of service immediately preceding the date of withdrawal; provided, that in the case of any employee who withdraws on or after July 1, 1971, such employee age 60 or over with 20 or more years of service, shall be entitled to instead receive an annuity for life equal to 1.67% for each of the first 10 years of service; 1.90% for each of the next 10 years of service; 2.10% for each year of service in excess of 20 but not exceeding 30; and 2.30% for each year of service in excess of 30, based on the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal. An employee who withdraws after July 1, 1957 and before January 1, 1988, with 20 or more years of service, before age 60, shall be entitled to an annuity, to begin not earlier than age 55, if under such age at withdrawal, as computed in the last preceding paragraph, reduced
[June 1, 2002] 146 0.25% if the employee was born before January 1, 1936, or 0.5% if the employee was born on or after January 1, 1936, for each full month or fractional part thereof that his attained age when such annuity is to begin is less than 60. Any employee born before January 1, 1936 who withdraws with 20 or more years of service, and any employee with 20 or more years of service who withdraws on or after January 1, 1988, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 1.80% for each of the first 10 years of service, 2.00% for each of the next 10 years of service, 2.20% for each year of service in excess of 20, but not exceeding 30, and 2.40% for each year of service in excess of 30, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring on or after January 1, 1988, at age 55 or over but less than age 60, having at least 35 years of service, or an employee retiring on or after July 1, 1990, at age 55 or over but less than age 60, having at least 30 years of service, or an employee retiring on or after the effective date of this amendatory Act of 1997, at age 55 or over but less than age 60, having at least 25 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. However, in the case of an employee who retired on or after January 1, 1985 but before January 1, 1988, at age 55 or older and with at least 35 years of service, and who was subject under this subsection (a) to the reduction in retirement annuity because of retirement below age 60, that reduction shall cease to be effective January 1, 1991, and the retirement annuity shall be recalculated accordingly. Any employee who withdraws on or after July 1, 1990, with 20 or more years of service, may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20% for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attained age of 55 years, if under such age at withdrawal, reduced 0.25% for each full month or fractional part thereof that his attained age when annuity is to begin is less than 60; except that an employee retiring at age 55 or over but less than age 60, having at least 30 years of service, shall not be subject to the reduction in retirement annuity because of retirement below age 60. Any employee who withdraws on or after the effective date of this amendatory Act of 1997 with 20 or more years of service may elect to receive, in lieu of any other employee annuity provided in this Section, an annuity for life equal to 2.20%, for each year of service if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 2.40% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal, to begin not earlier than upon attainment of age 55 (age 50 if the employee has at least 30 years of service), reduced 0.25% for each full month or remaining fractional part thereof that the employee's attained age when annuity is to begin is less than 60; except that an employee retiring at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service shall not be subject to the reduction in retirement annuity because of retirement below age 60. The maximum annuity payable under this paragraph (a) of this Section shall not exceed 70% of highest average annual salary in the
147 [June 1, 2002] case of an employee who withdraws prior to July 1, 1971, 75% if withdrawal takes place on or after July 1, 1971, and prior to 60 days after the effective date of this amendatory Act of the 92nd General Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of the minimum annuity provided in said paragraphs $1,500 shall be considered the minimum annual salary for any year; and the maximum annual salary to be considered for the computation of such annuity shall be $4,800 for any year prior to 1953, $6,000 for the years 1953 to 1956, inclusive, and the actual annual salary, as salary is defined in this Article, for any year thereafter. (b) For an employee receiving disability benefit, his salary for annuity purposes under this Section shall, for all periods of disability benefit subsequent to the year 1956, be the amount on which his disability benefit was based. (c) An employee with 20 or more years of service, whose entire disability benefit credit period expires prior to attainment of age 55 while still disabled for service, shall be entitled upon withdrawal to the larger of (1) the minimum annuity provided above assuming that he is then age 55, and reducing such annuity to its actuarial equivalent at his attained age on such date, or (2) the annuity provided from his age and service and prior service annuity credits. (d) The minimum annuity provisions as aforesaid shall not apply to any former employee receiving an annuity from the fund, and who re-enters service as an employee, unless he renders at least 3 years of additional service after the date of re-entry. (e) An employee in service on July 1, 1947, or who became a contributor after July 1, 1947 and prior to July 1, 1950, or who shall become a contributor to the fund after July 1, 1950 prior to attainment of age 70, who withdraws after age 65 with less than 20 years of service, for whom the annuity has been fixed under the foregoing Sections of this Article shall, in lieu of the annuity so fixed, receive an annuity as follows: Such amount as he could have received had the accumulated amounts for annuity been improved with interest at the effective rate to the date of his withdrawal, or to attainment of age 70, whichever is earlier, and had the city contributed to such earlier date for age and service annuity the amount that would have been contributed had he been under age 65, after the date his annuity was fixed in accordance with this Article, and assuming his annuity were computed from such accumulations as of his age on such earlier date. The annuity so computed shall not exceed the annuity which would be payable under the other provisions of this Section if the employee was credited with 20 years of service and would qualify for annuity thereunder. (f) In lieu of the annuity provided in this or in any other Section of this Article, an employee having attained age 65 with at least 15 years of service who withdraws from service on or after July 1, 1971 and whose annuity computed under other provisions of this Article is less than the amount provided under this paragraph shall be entitled to receive a minimum annual annuity for life equal to 1% of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding retirement for each year of his service plus the sum of $25 for each year of service. Such annual annuity shall not exceed the maximum percentages stated under paragraph (a) of this Section of such highest average annual salary. (f-1) Instead of any other retirement annuity provided in this Article, an employee who has at least 10 years of service and withdraws from service on or after January 1, 1999 may elect to receive a retirement annuity for life, beginning no earlier than upon attainment of age 60, equal to 2.2% if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General Assembly or 2.4% for each year of service if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later, of final average salary for each year of service, subject to a maximum of 75% of final average salary if withdrawal is before 60 days after the effective date of this amendatory Act of the 92nd General
[June 1, 2002] 148 Assembly, or 80% if withdrawal is 60 days after the effective date of this amendatory Act of the 92nd General Assembly or later. For the purpose of calculating this annuity, "final average salary" means the highest average annual salary for any 4 consecutive years in the last 10 years of service. (g) Any annuity payable under the preceding subsections of this Section 11-134 shall be paid in equal monthly installments. (h) The amendatory provisions of part (a) and (f) of this Section shall be effective July 1, 1971 and apply in the case of every qualifying employee withdrawing on or after July 1, 1971. (i) The amendatory provisions of this amendatory Act of 1985 relating to the discount of annuity because of retirement prior to attainment of age 60 and increasing the retirement formula for those born before January 1, 1936, shall apply only to qualifying employees withdrawing on or after August 16, 1985. (j) Beginning on January 1, 1999, the minimum amount of employee's annuity shall be $850 per month for life for the following classes of employees, without regard to the fact that withdrawal occurred prior to the effective date of this amendatory Act of 1998: (1) any employee annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any employee annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any employee annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose service in this fund is at least 5 years; (4) any employee annuitant withdrawing after age 60 on or after the effective date of this amendatory Act of 1998, with at least 10 years of service in this fund. The increases granted under items (1), (2) and (3) of this subsection (j) shall not be limited by any other Section of this Act. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1) Sec. 11-134.1. Automatic increase in annuity. (a) An employee who retired or retires from service after December 31, 1963, and before January 1, 1987, having attained age 60 or more, shall, in the month of January of the year following the year in which the first anniversary of retirement occurs, have the amount of his then fixed and payable monthly annuity increased by 1 1/2%, and such first fixed annuity as granted at retirement increased by a further 1 1/2% in January of each year thereafter. Beginning with January of the year 1972, such increases shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. Beginning January, 1984, such increases shall be at the rate of 3%. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. An employee who retires on annuity after December 31, 1963 and before January 1, 1987, but prior to age 60, shall receive such increases beginning with January of the year immediately following the year in which he attains the age of 60 years. An employee who retires from service on or after January 1, 1987 shall, upon the first annuity payment date following the first anniversary of the date of retirement, or upon the first annuity payment date following attainment of age 60, whichever occurs later, have his then fixed and payable monthly annuity increased by 3%, and such annuity shall be increased by an additional 3% of the original fixed annuity on the same date each year thereafter. Beginning in January of 1999, such increases shall be at the rate of 3% of the currently payable monthly annuity, including any increases previously granted under this Article. (a-5) Notwithstanding the provisions of subsection (a), upon the first annuity payment date following (1) the third anniversary of retirement, (2) the attainment of age 53, or (3) the date 60 days after
149 [June 1, 2002] the effective date of this amendatory Act of the 92nd General Assembly, whichever occurs latest, the monthly pension of an employee who retires on annuity prior to the attainment of age 60 who has not received an increase under subsection (a) shall be increased by 3%, and such annuity shall be increased by an additional 3% of the current payable monthly annuity, including such increases previously granted under this Article, on the same date each year thereafter. The increases provided under this subsection are in lieu of the increases provided in subsection (a). (b) The foregoing provision is not applicable to an employee retiring and receiving a term annuity, as defined in this Article, nor to any otherwise qualified employee who retires before he shall have made employee contributions (at the 1/2 of 1% rate as hereinafter provided) for the purposes of this additional annuity for not less than the equivalent of one full year. Such employee, however, shall make arrangement to pay to the fund a balance of such 1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of 1% contributions, computed without interest, to the equivalent of or completion of one year's contributions. Beginning with the month of January, 1964, each employee shall contribute by means of salary deductions 1/2 of 1% of each salary payment, concurrently with and in addition to the employee contributions otherwise made for annuity purposes. Each such additional employee contribution shall be credited to an account in the prior service annuity reserve, to be used, together with city contributions, to defray the cost of the specified annuity increments. Any balance as of the beginning of each calendar year existing in such account shall be credited with interest at the rate of 3% per annum. Such employee contributions shall not be subject to refund, except to an employee who resigns or is discharged and applies for refund under this Article, and also in cases where a term annuity becomes payable. In such cases the employee contributions shall be refunded him, without interest, and charged to the aforementioned account in the prior service annuity reserve. (Source: P.A. 90-766, eff. 8-14-98.) (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1) Sec. 11-145.1. Minimum annuities for widows. The widow otherwise eligible for widow's annuity under other Sections of this Article 11, of an employee hereinafter described, who retires from service or dies while in the service subsequent to the effective date of this amendatory provision, and for which widow the amount of widow's annuity and widow's prior service annuity combined, fixed or provided for such widow under other provisions of said Article 11 is less than the amount hereinafter provided in this section, shall, from and after the date her otherwise provided annuity would begin, in lieu of such otherwise provided widow's and widow's prior service annuity, be entitled to the following indicated amount of annuity: (a) The widow of any employee who dies while in service on or after the date on which he attains age 60 if the death occurs before July 1, 1990, or on or after the date on which he attains age 55 if the death occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attains age 50 if the death occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband would have been entitled to receive had he withdrawn from the service on the day immediately preceding the date of his death, conditional upon such widow having attained age 60 on or before such date if the death occurs before July 1, 1990, or age 55 if the death occurs on or after July 1, 1990, or age 50 if the death occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (j), the widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death in service
[June 1, 2002] 150 occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death in service occurs on or after January 23, 1987. If the employee dies in service before July 1, 1990, and if such widow of such described employee shall not be 60 or more years of age on such date of death, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age, shall, in the case of such younger widow, be reduced by 0.25% for each month that her then attained age is less than 60 years if the employee was born before January 1, 1936, or dies in service on or after January 1, 1988, or 0.5% for each month that her then attained age is less than 60 years if the employee was born on or after January 1, 1936 and dies in service before January 1, 1988. If the employee dies in service on or after July 1, 1990, and if the widow of the employee has not attained age 55 on or before the employee's date of death, the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 55 years; except that if the employee dies in service on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (a) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (b) The widow of any employee who dies subsequent to the date of his retirement on annuity, and who so retired on or after the date on which he attained age 60 if retirement occurs before July 1, 1990, or on or after the date on which he attained age 55 if retirement occurs on or after July 1, 1990, with at least 20 years of service, or on or after the date on which he attained age 50 if the retirement occurs on or after the effective date of this amendatory Act of 1997 with at least 30 years of service, shall be entitled to an annuity equal to one-half of the amount of annuity which her deceased husband received as of the date of his retirement on annuity, conditional upon such widow having attained age 60 on or before the date of her husband's retirement on annuity if retirement occurs before July 1, 1990, or age 55 if retirement occurs on or after July 1, 1990, or age 50 if the retirement on annuity occurs on or after January 1, 1998 and the employee is age 50 or over with at least 30 years of service or age 55 or over with at least 25 years of service. Except as provided in subsection (j), this widow's annuity shall not, however, exceed the sum of $500 a month if the employee's death occurs before January 23, 1987. The widow's annuity shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987, regardless of the date of retirement; provided that, if retirement was before January 23, 1987, the employee or eligible spouse repays the excess spouse refund with interest at the effective rate from the date of refund to the date of repayment. If the date of the employee's retirement on annuity is before July 1, 1990, and if such widow of such described employee shall not have attained such age of 60 or more years on such date of her husband's retirement on annuity, the amount provided in the immediately preceding paragraph for a widow 60 or more years of age on the date of her husband's retirement on annuity, shall, in the case of such then younger widow, be reduced by 0.25% for each month that her then attained age was less than 60 years if the employee was born before January 1, 1936, or withdraws from service on or after January 1, 1988, or 0.5% for each month that her then attained age was less than 60 years if the employee was born on or after January 1, 1936 and withdraws from service before January 1, 1988. If the date of the employee's retirement on annuity is on or after July 1, 1990, and if the widow of the employee has not attained age 55 by the date of the employee's retirement on annuity, the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for
151 [June 1, 2002] each month that her then attained age is less than 55 years; except that if the employee retires on annuity on or after January 1, 1998 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (b) shall be reduced by 0.25% for each month that her then attained age is less than 50 years. (c) The foregoing provisions relating to minimum annuities for widows shall not apply to the widow of any former employee receiving an annuity from the fund on August 2, 1965 or on the effective date of this amendatory provision, who re-enters service as a former employee, unless such employee renders at least 3 years of additional service after the date of re-entry. (d) (Blank). (e) (Blank). (f) The amendments to this Section by this amendatory Act of 1985, relating to changing the discount because of age from 1/2 of 1% to 0.25% per month for widows of employees born before January 1, 1936, shall apply only to qualifying widows whose husbands die while in the service on or after August 16, 1985 or withdraw and enter on annuity on or after August 16, 1985. (g) Beginning on January 1, 1999, the minimum amount of widow's annuity shall be $800 per month for life for the following classes of widows, without regard to the fact that the death of the employee occurred prior to the effective date of this amendatory Act of 1998: (1) any widow annuitant alive and receiving a term annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (2) any widow annuitant alive and receiving a life annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity; (3) any widow annuitant alive and receiving a reciprocal annuity on the effective date of this amendatory Act of 1998, whose employee spouse's service in this fund was at least 5 years; (4) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if the retirement occurred prior to the effective date of this amendatory Act of 1998; (5) the widow of an employee with at least 10 years of service in this fund who dies after retirement, if withdrawal occurs on or after the effective date of this amendatory Act of 1998; (6) the widow of an employee who dies in service with at least 5 years of service in this fund, if the death in service occurs on or after the effective date of this amendatory Act of 1998. The increases granted under items (1), (2), (3) and (4) of this subsection (g) shall not be limited by any other Section of this Act. (h) The widow of an employee who retired or died in service on or after January 1, 1985 and before July 1, 1990, at age 55 or older, and with at least 35 years of service credit, shall be entitled to have her widow's annuity increased, effective January 1, 1991, to an amount equal to 50% of the retirement annuity that the deceased employee received on the date of retirement, or would have been eligible to receive if he had retired on the day preceding the date of his death in service, provided that if the widow had not attained age 60 by the date of the employee's retirement or death in service, the amount of the annuity shall be reduced by 0.25% for each month that her then attained age was less than age 60 if the employee's retirement or death in service occurred on or after January 1, 1988, or by 0.5% for each month that her attained age is less than age 60 if the employee's retirement or death in service occurred prior to January 1, 1988. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the increase in benefit provided by
[June 1, 2002] 152 this subsection (h) shall be contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (i) If a deceased employee is receiving a retirement annuity at the time of death and that death occurs on or after June 27, 1997, the widow may elect to receive, in lieu of any other annuity provided under this Article, 50% of the deceased employee's retirement annuity at the time of death reduced by 0.25% for each month that the widow's age on the date of death is less than 55; except that if the employee dies on or after January 1, 1998 and withdrew from service on or after June 27, 1997 at age 50 or over with at least 30 years of service or at age 55 or over with at least 25 years of service, there shall be no reduction due to the widow's age if she has attained age 50 on or before the employee's date of death, and if the widow has not attained age 50 on or before the employee's date of death the amount otherwise provided in this subsection (i) shall be reduced by 0.25% for each month that her age on the date of death is less than 50 years. However, in cases where a refund of excess contributions for widow's annuity has been paid by the Fund, the benefit provided by this subsection (i) is contingent upon repayment of the refund to the Fund with interest at the effective rate from the date of refund to the date of payment. (j) For widows of employees who died before January 23, 1987 after retirement on annuity or in service, the maximum dollar amount limitation on widow's annuity shall cease to apply, beginning with the first annuity payment after the effective date of this amendatory Act of 1997; except that if a refund of excess contributions for widow's annuity has been paid by the Fund, the increase resulting from this subsection (j) shall not begin before the refund has been repaid to the Fund, together with interest at the effective rate from the date of the refund to the date of repayment. (k) In lieu of any other annuity provided in this Article, an eligible spouse of an employee who dies in service at least 60 days after the effective date of this amendatory Act of the 92nd General Assembly with at least 10 years of service shall be entitled to an annuity of 50% of the minimum formula annuity earned and accrued to the credit of the employee at the date of death. For the purposes of this subsection, the minimum formula annuity earned and accrued to the credit of the employee is equal to 2.40% for each year of service of the highest average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of death, up to a maximum of 80% of the highest average annual salary. This annuity shall not be reduced due to the age of the employee or spouse. In addition to any other eligibility requirements under this Article, the spouse is eligible for this annuity only if the marriage was in effect for 10 full years or more. (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 90-766, eff. 8-14-98.) (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153) Sec. 11-153. Child's annuity. (a) A "Child's Annuity" shall be payable monthly after the death of an employee parent to an unmarried child until the child's attainment of age 18 or marriage, whichever event shall first occur, under the following conditions, if the child was born or in esse before the employee attained age 65, and before he withdrew from service: (1)
153 [June 1, 2002] same child's annuity benefits provided for natural children in this Article, if: (1) the child was legally adopted by the employee at least one year prior to the death of the employee; and (2) the child was adopted before the employee withdrew from service
[June 1, 2002] 154 disabled after age 65 may elect before July 1, 1986 to have such benefits resumed beginning at the time of such termination and continuing until termination is required under this Section as amended by this amendatory Act of 1985. The amount payable to any employee for such resumed benefit for any period shall be reduced by the amount of any retirement annuity paid to such employee under this Article for the same period of time or by refund paid in lieu of annuity. (Source: P.A. 85-964.) (40 ILCS 5/11-160.1) (from Ch. 108 1/2, par. 11-160.1) Sec. 11-160.1. Group health benefit. (a) For the purposes of this Section: (1) "annuitant" means a person receiving an age and service annuity, a prior service annuity, a widow's annuity, a widow's prior service annuity, or a minimum annuity, under Article 5, 6, 8 or 11, by reason of previous employment by the City of Chicago (hereinafter, in this Section, "the city"); (2) "Medicare Plan annuitant" means an annuitant described in item (1) who is eligible for Medicare benefits; and (3) "non-Medicare Plan annuitant" means an annuitant described in item (1) who is not eligible for Medicare benefits. (b) The city shall offer group health benefits to annuitants and their eligible dependents through June 30, 2003
155 [June 1, 2002] supplemental Medicare Plan for Medicare eligible annuitants through June 30, 2003
[June 1, 2002] 156 withdraws before age 55, and any employee with less than 10 years of service who withdraws before age 60, shall be entitled to a refund of the total sum accumulated to his credit as of date of withdrawal for age and service annuity and widow's annuity from amounts contributed by him or by the City in lieu of employee contributions during duty disability; provided that such amounts contributed by the city after December 31, 1983 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability benefits shall not be credited for refund purposes. The board may in its discretion withhold payment of refund for a period not to exceed 6 months from the date of withdrawal. Interest at the effective rate shall be paid on any such refund withheld during such withheld period not to exceed 6 months. (2) Upon receipt of the refund, the employee surrenders and forfeits all rights to any annuity or other benefits, for himself and for any other persons who might have benefited through him; provided that he may have such period of service counted in computing the term of his service for age and service annuity purposes only if he becomes an employee before age 65. (3) An employee who does not receive a refund shall have all amounts to his credit for annuity purposes on the date of his withdrawal improved by interest only until he becomes age 65, while out of service, at the effective rate, for his benefit and the benefit of any person who may have any right to annuity through him if he re-enters the service and attains a right to annuity. (4) Any such employee shall retain such right to refund of such amounts when he shall apply for same, until he re-enters the service or until the amount of annuity to which he shall have a right shall have been fixed as provided in this Article. Thereafter, no such right shall exist in the case of any such employee. (Source: P.A. 83-499.) (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167) Sec. 11-167. Refunds in lieu of annuity. In lieu of an annuity, an employee who withdraws, and whose annuity would amount to less than $800 a month for life may elect to receive a refund of the total sum accumulated to his credit from employee contributions for annuity purposes. The widow of any employee, eligible for annuity upon the death of her husband, whose annuity would amount to less than $800 a month for life, may, in lieu of a widow's annuity, elect to receive a refund of the accumulated contributions for annuity purposes, based on the amounts contributed by her deceased employee husband, but reduced by any amounts theretofore paid to him in the form of an annuity or refund out of such accumulated contributions. Accumulated contributions shall mean the amounts including interest credited thereon contributed by the employee for age and service and widow's annuity to the date of his withdrawal or death, whichever first occurs, and including the accumulations from any amounts contributed for him as salary deductions while receiving duty disability benefits; provided that such amounts contributed by the city after December 31, 1983 while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund after December 31, 2000 while the employee is receiving ordinary disability benefits. The acceptance of such refund in lieu of widow's annuity, on the part of a widow, shall not deprive a child or children of the right to receive a child's annuity as provided for in Sections 11-153 and 11-154 of this Article, and neither shall the payment of a child's annuity in the case of such refund to a widow reduce the amount herein set forth as refundable to such widow electing a refund in lieu of widow's annuity. (Source: P.A. 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.) (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301) Sec. 13-301. Retirement annuity; eligibility. Any employee who withdraws from service and meets the age and service requirements and
157 [June 1, 2002] other conditions set forth in subsections (a), (b), (c) or (d) hereof is entitled to receive a retirement annuity. (a) Withdrawal on or after age 60. Any employee, upon withdrawal from service on or after attainment of age 60 and having at least 5 years of service, is entitled to a retirement annuity. (b) Withdrawal on or after attainment of minimum retirement
[June 1, 2002] 158 full month by which the employee's service is less than 30 years, whichever is less. However, where the employee first enters service after June 13, 1997 and does not have at least 10 years of service exclusive of credit under Article 20, the annuity computed above shall be reduced by 1/2 of 1% for each full month between the date the annuity begins and attainment of age 60. (c) Rule of 80 - Early retirement without discount. For an employee who retires on or after January 1, 2003 but on or before December 31, 2007, if the employee is eligible for a retirement annuity under Section 13-301 and has at least 10 years of service exclusive of credit under Article 20 and if at the date of withdrawal the employee's age when added to the number of years of his or her creditable service equals at least 80, the early retirement discount in subsection (b) of this Section does not apply. For purposes of this Rule of 80, portions of years shall be considered in whole months. An employee who has terminated employment with the employer under this Article prior to the effective date of this amendatory Act of the 92nd General Assembly and subsequently re-enters service must remain in service with the employer under this Article for at least 2 years after re-entry during the period beginning on January 1, 2003 and ending on December 31, 2007 to be entitled to early retirement without discount under this subsection (c). In the case of an employee who retires under the terms of Article 20, eligibility for early retirement without discount under this subsection (c) shall be based upon the employee's age and service credit at the time of withdrawal from the final fund.
159 [June 1, 2002]
[June 1, 2002] 160 electing in writing at any time to make additional optional contributions. The employee may discontinue making the additional optional contributions at any time by notifying the Fund in writing. Employees first entering service after June 30, 1997 are not eligible to participate in the plan established under this Section. (b) Additional optional contributions for the additional optional benefits shall be as follows: (1) For service after the option is elected, an additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 13-502. (2) For service before the option is elected, an additional contribution of 3% of the salary for the applicable period of service, plus interest at the annual rate as shall from time to time be determined by the Board, compounded annually from the date of service to the date of payment. All payments for past service must be paid in full before credit is given. A person who has withdrawn from service may pay the additional contribution for past service at any time within 30 days after withdrawal from service, so long as payment is made in full before the retirement annuity commences. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the rate specified in Section 13-603, from the date of refund to the date of repayment. Nothing herein may be construed to allow an additional optional contribution to be made on the account of a deceased employee. (c) Additional optional benefit shall accrue for all periods of eligible service for which additional contributions are paid in full. The additional benefit shall consist of an additional 1% of average final salary for each year of service for which optional contributions have been paid, to be added to the employee's retirement annuity as otherwise computed under this Article. The calculation of these additional benefits shall be subject to the same terms and conditions as are used in the calculation of the retirement annuity under this Article. The additional benefit shall be included in the calculation of the automatic annual increase in annuity under Section 13-302(d), and in the calculation of surviving spouse's annuity where applicable. However, no additional benefits will be granted which produce a total annuity greater than the applicable maximum established for that type of annuity in this Article. The total additional optional benefit that may be received under this Section is 15% of average final salary. (d) Refunds of additional optional contributions shall be made on the same basis and under the same conditions as provided under Section 13-601. (e) Optional contributions shall be accounted for in a separate Optional Contribution Reserve. (f) The tax levy computed under Section 13-503 shall be based on employee contributions including the amount of optional additional employee contributions. (g) Service eligible under this Section may include only service as an employee as defined in Section 13-204, and subject to Section 13-401 and 13-402. No service granted under Section 13-801 or 13-802 shall be eligible for optional service credit. No optional service credit may be established for any military service, or for any service under any other Article of this Code. Optional service credit may be established for any period of disability paid from this Fund, if the employee makes additional optional contributions for such period of disability. (h) This plan of optional benefits and contributions shall not apply to service prior to withdrawal rendered by any former employee who re-enters service unless such employee renders not less than 36 consecutive months of additional service after the date of re-entry. (i) The effective date of this optional plan of additional benefits and contributions shall be the date upon which approval was received from the Internal Revenue Service, July 31, 1987.
161 [June 1, 2002] (j) This plan of additional benefits and contributions shall expire December 31, 2002. No additional contributions may be made after that date, and no additional benefits will accrue after that date. (k) The maximum optional benefits for current and prior service for which an employee can make contributions in a single year shall be limited to 15 years of service in 1997 and before; 9 years of service in 1998; 6 years of service in 1999; and 3 years of service in 2000, 2001, and 2002. No person may establish additional optional benefits under this Section for more than 15 years of service. (Source: P.A. 90-12, eff. 6-13-97.) (40 ILCS 5/13-304.1 new) Sec. 13-304.1. Optional plan of additional benefits and contributions made January 1, 2003 through December 31, 2007. (a) While this plan is in effect, an employee may establish optional additional credit toward additional benefits for eligible service by making an irrevocable written election to make additional contributions as authorized in this Section. An employee may begin to make additional contributions under this Section, via payroll deduction, no earlier than the first pay period of the calendar year in which the employee fulfills the 10-year service requirement described in subsection (g). The additional contributions of 4% of salary shall be paid to the Fund on the same basis and under the same conditions as contributions required under Section 13-502. (b) For service before an irrevocable option is elected, but within the same calendar year, an additional contribution may be made of 4% of the salary for the applicable period of service, plus interest from the date of service to the date of contribution at a rate equal to the higher of 8% per annum or the actuarial investment return assumption used in the Fund's most recent annual actuarial statement. All payments for past service must be paid within the calendar year in which the service was earned; except that a person who has withdrawn from service and is eligible for a retirement annuity under Section 13-301 may pay the additional contribution for past service within the calendar year of withdrawal within the 30 days after withdrawal from service, as long as payment is made in full before the retirement annuity commences and before December 31, 2007. Nothing in this Section may be construed to allow an additional optional contribution to be made on the account of a deceased employee. (c) The maximum additional benefit for current service for which an employee may make contributions under this Section in a single year is limited to one year of service in each of 2003, 2004, 2005, 2006, and 2007. The total additional benefit that may be accumulated under this Section, including any additional benefit accumulated under a prior optional benefit plan, is 12% of average final salary at retirement. The additional benefit shall accrue for all periods of eligible service for which additional contributions have been paid in full in accordance with this Section, subject to the applicable limitations on maximum annuity. The additional benefit shall consist of an additional 1% of average final salary for each year of service for which optional contributions have been paid, to be added to the employee's retirement annuity as otherwise computed under this Article. The calculation of these additional benefits shall be subject to the same terms and conditions as are used in the calculation of the retirement annuity under this Article. The additional benefit shall be included in the calculation of the automatic annual increase in annuity under Section 13-302(d) and in the calculation of surviving spouse's annuity, where applicable. However, no additional benefit may be granted which produces a total annuity greater than the applicable maximum established for that type of annuity in this Article. (d) Refunds of additional optional contributions made in accordance with the provisions and limitations of this Section shall be made on the same basis and under the same conditions as are provided under Section 13-601. Any refund of contributions that exceed the
[June 1, 2002] 162 limits specified in this Section shall be made in accordance with established Fund policy. (e) The additional contributions shall be accounted for in a separate Optional Contribution Reserve. (f) The tax levy computed under Section 13-503 shall be based on employee contributions and the amount of optional additional employee contributions, as provided in that Section. (g) The service eligible for optional additional contributions under this Section is limited to service as an employee as defined in Section 13-204, and subject to Sections 13-401 and 13-402, but excluding service credited under subsections 13-401(a)4 and 13-401(d). Service granted under Section 13-801 or 13-802 is not eligible for optional additional contributions. Eligible service is further limited to service rendered during or after the calendar year in which the employee reaches 10 years of service as defined under Section 13-402, exclusive of any credit under Article 20. Service eligible for optional additional contributions under this Section includes any period of disability paid from this Fund that would have been eligible service if the employee were in active service rather than disabled. The additional contributions for a period of disability shall be calculated as 4% of the salary that the employee would have received if he or she had been in active service during the applicable period of disability, plus interest at a rate equal to the higher of 8% per annum or the actuarial investment return assumption used in the Fund's most recent annual actuarial statement, compounded annually, from the date of the service to the date of payment. The contribution must be paid to the Fund no later than 3 months after the employee returns to service from disability, and in any event prior to December 31, 2007. (h) The minimum period for which an employee may make an irrevocable election to make additional contributions shall be 26 consecutive pay periods, unless the employee first accumulates the maximum optional credit as described in subsection (c) of this Section. The maximum period for which an employee may make irrevocable elections for additional contributions shall be from the date of election through the last pay period eligible for contributions under this Section. (i) This plan of additional benefits and contributions expires on December 31, 2007. No additional contributions may be made after that date, and no additional benefits will accrue after that date. (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502) Sec. 13-502. Employee contributions; deductions from salary. (a) Retirement annuity and child's annuity. There shall be deducted from each payment of salary an amount equal to 7 1/2% of salary as the employee's contribution for the retirement annuity, including annual increases therefore and child's annuity. (b) Surviving spouse's annuity. There shall be deducted from each payment of salary an amount equal to 1 1/2% of salary as the employee's contribution for the surviving spouse's annuity and annual increases therefor. (c) Pickup of employee contributions. The Employer may pick up employee contributions required under subsections (a) and (b) of this Section. If contributions are picked up they shall be treated as Employer contributions in determining tax treatment under the United States Internal Revenue Code, and shall not be included as gross income of the employee until such time as they are distributed. The Employer shall pay these employee contributions from the same source of funds used in paying salary to the employee. The Employer may pick up these contributions by a reduction in the cash salary of the employee or by an offset against a future salary increase or by a combination of a reduction in salary and offset against a future salary increase. If employee contributions are picked up they shall be treated for all purposes of this Article 13, including Sections 13-503 and 13-601, in the same manner and to the same extent as employee contributions made prior to the date picked up. (d) Subject to the requirements of federal law, the Employer shall pick up optional contributions that the employee has elected to pay to
163 [June 1, 2002] the Fund under Section 13-304.1, and the contributions so picked up shall be treated as employer contributions for the purposes of determining federal tax treatment. The Employer shall pick up the contributions by a reduction in the cash salary of the employee and shall pay the contributions from the same fund that is used to pay earnings to the employee. The Employer shall, however, continue to withhold federal and State income taxes based upon contributions made under Section 13-304.1 until the Internal Revenue Service or the federal courts rule that pursuant to Section 414(h) of the U.S. Internal Revenue Code of 1986, as amended, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available. (e) Each employee is deemed to consent and agree to the deductions from compensation provided for in this Article. (Source: P.A. 87-794.) (40 ILCS 5/13-503) (from Ch. 108 1/2, par. 13-503) Sec. 13-503. Tax levy. The Water Reclamation District shall annually levy a tax upon all the taxable real property within the District at a rate which, when extended, will produce a sum that (i) when added to the amounts deducted from the salaries of employees, interest income on investments, and other income, will be sufficient to meet the requirements of the Fund on an actuarially funded basis, but (ii) shall not exceed an amount equal to the total amount of contributions by the employees to the Fund made in the calendar year 2 years prior to the year for which the tax is levied, multiplied by 2.19, except that the amount of employee contributions made on or after January 1, 2003 towards the purchase of additional optional benefits under Section 13-304.1 shall only be multiplied by 1.00. The tax shall be levied and collected in the same manner as the general taxes of the District. The tax shall be exclusive of and in addition to the amount of tax the District is now or may hereafter be authorized to levy for general purposes under the Metropolitan Water Reclamation District Act or under any other laws which may limit the amount of tax for general purposes. The county clerk of any county, in reducing tax levies as may be authorized by law, shall not consider any such tax as a part of the general tax levy for District purposes, and shall not include the same in any limitation of the percent of the assessed valuation upon which taxes are required to be extended. Revenues derived from the tax shall be paid to the Fund for the benefit of the Fund. If the funds available for the purposes of this Article are insufficient during any year to meet the requirements of this Article, the District may issue tax anticipation warrants or notes, as provided by law, against the current tax levy. The Board shall submit annually to the Board of Commissioners of the District an estimate of the amount required to be raised by taxation for the purposes of the Fund. The Board of Commissioners shall review the estimate and determine the tax to be levied for such purposes. (Source: P.A. 87-794.) (40 ILCS 5/14-105.7) Sec. 14-105.7. Transfer to Article 9 fund. (a) Until July 1, 2003
[June 1, 2002] 164 determined under item (1). Participation in this System as to the credits transferred under this Section terminates on the date of transfer. (b) Any person transferring credit under this Section may reinstate credits and creditable service terminated upon receipt of a refund, by paying to the System, before July 1, 2003
165 [June 1, 2002] collectively bargained between the employer and the recognized collective bargaining agent pursuant to the Illinois Educational Labor Relations Act, payment received during a period of up to 2 academic years for unused sick leave may be considered as earnings in accordance with the applicable collective bargaining agreement, subject to the 20% increase limitation of this Section. Any unused sick leave considered as earnings under this Section shall not be taken into account in calculating service credit under Section 15-113.4. Intermittent periods of service shall be considered as consecutive in determining final rate of earnings. (Source: P.A. 90-65, eff. 7-7-97; 90-511, eff. 8-22-97; 91-887, eff. 7-6-00.) (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106) Sec. 17-106. Contributor, member or teacher. "Contributor", "member" or "teacher": All members of the teaching force of the city, including principals, assistant principals, the general superintendent of schools, deputy superintendents of schools, associate superintendents of schools, assistant and district superintendents of schools, members of the Board of Examiners, all other persons whose employment requires a teaching certificate issued under the laws governing the certification of teachers, any educational, administrative, professional, or other staff employed in a charter school operating in compliance with the Charter Schools Law who is certified under the law governing the certification of teachers, and employees of the Board, but excluding persons contributing concurrently to any other public employee pension system in Illinois for the same employment or receiving retirement pensions under another Article of this Code for that same employment, persons employed on an hourly basis, and persons receiving pensions from the Fund who are employed temporarily by an Employer
[June 1, 2002] 166 June 30, 1998. The contribution shall be further reduced at the rate of 25% of the contribution (as reduced for service after June 30, 1998) for each year of the member's total creditable service in excess of 34 years. The contribution shall not in any event exceed 20% of that salary rate. The member shall pay to the Fund the amount of the contribution as calculated at the time of application under this Section. The amount of the contribution determined under this subsection shall be recalculated at the time of retirement, and if the Fund determines that the amount paid by the member exceeds the recalculated amount, the Fund shall refund the difference to the member with regular interest from the date of payment to the date of refund. The contribution required by this subsection shall be paid in one of the following ways or in a combination of the following ways that does not extend over more than 5 years: (i) in a lump sum on or before the date of retirement; (ii) in substantially equal installments over a period of time not to exceed 5 years, as a deduction from salary in accordance with Section 17-130.2; (iii)
167 [June 1, 2002] spouse at any age does not terminate his or her survivor's pension. A surviving spouse whose survivor's pension (or expectation of a survivor's pension upon attainment of age 50) was terminated before January 1, 2003 due to remarriage and who applies for reinstatement of that pension and repays the amount of any refund of contributions for survivor's pension with interest in accordance with subsection (f) shall be entitled to have the survivor's pension (or expectation of a survivor's pension upon attainment of age 50) reinstated. The reinstated pension shall begin to accrue on the first day of the month following the month in which the application and repayment, if any, are received by the Fund, but in no event sooner than January 1, 2003 and, if subsection (b) applies, no sooner than upon attainment of age 50. The reinstated pension shall include any one-time or annual increases in the survivor's pension received prior to the date of termination, but not any increases that would otherwise have accrued from the date of termination to the date of reinstatement. This subsection (c) applies notwithstanding Section 17-157 and without regard to whether the deceased teacher was in service on or after the effective date of this amendatory Act of the 92nd General Assembly. (d) Except as provided in subsection (c), remarriage of the surviving spouse prior to September 1, 1983 while in receipt of a survivor's pension shall permanently terminate payment thereof, regardless of any subsequent change in marital status; however, beginning September 1, 1983, remarriage of a surviving spouse after attainment of age 55 shall not terminate the survivor's pension. A surviving spouse whose pension was terminated on or after September 1, 1983 due to remarriage after attainment of age 55, and who applies for reinstatement of that pension before January 1, 1990, shall be entitled to have the pension reinstated effective January 1, 1990. (e) A surviving spouse of a member or annuitant under this Fund who is also a dependent beneficiary under the provisions of Section 16-140 is eligible for a reciprocal survivor's pension, provided that any refund of survivor's pension contributions is repaid to the Fund and application is made within 30 days after the effective date of this amendatory Act of the 92nd General Assembly. (f) If a refund of contributions for survivor's pension has been paid, a person choosing to establish or reestablish the right to receive a survivor's pension pursuant to the changes made to this Section by this amendatory Act of the 92nd General Assembly must first repay to the Fund the amount of the refund of contributions for survivor's pension, together with interest thereon at the rate of 5% per year, compounded annually, from the date of the refund to the date of repayment. (Source: P.A. 92-416, eff. 8-17-01.) (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134) Sec. 17-134. Contributions for leaves of absence; military service; computing service. In computing service for pension purposes the following periods of service shall stand in lieu of a like number of years of teaching service upon payment therefor in the manner hereinafter provided: (a) time spent on a leave
[June 1, 2002] 168 (2) For time spent on a leave of absence granted by the employer
169 [June 1, 2002] shall be included in the calculation of automatic annual increases accruing after the effective date of the recalculation. The total credit for military service shall not exceed 5 years, except that any teacher who on July 1, 1963, had validated credit for more than 5 years of military service shall be entitled to the total amount of such credit. (6) A maximum of 244 unused sick days credited to his account by an Employer on the date of termination of employment. Members, upon verification of unused sick days, may add this service time to total creditable service. (7) In all cases where time spent on leave is creditable and no payroll deductions therefor are made by an Employer, persons desiring service credit shall make the required contributions directly to the Fund. (8) For time lost without pay due to layoff and curtailment of the school term from June 6 through June 21, 1976, as provided in item (e) of the first paragraph of this Section, persons who were contributors on the days immediately preceding such layoff shall receive credit upon paying to the Fund a contribution based on the rates of compensation and employee contributions in effect at the time of such layoff, together with an additional amount equal to 12.2% of the compensation computed for such period of layoff, plus interest on the entire amount at 5% per annum from January 1, 1978 to the date of payment. If such contribution is paid, salary for pension purposes for any year in which such a layoff occurred shall include the compensation recognized for purposes of computing that contribution. (9) For time spent after June 30, 1982, as a nonsalaried member of the Board of Education, if required to resign from an administrative or teaching position in order to qualify as a member of the Board of Education, an administrator or teacher desiring credit therefor shall pay the required contributions at the rates and salaries in effect during such periods as though the member were in service. Effective September 1, 1974, the interest charged for validation of service described in paragraphs (2) through (5) of this Section shall be compounded annually at a rate of 5% commencing one year after the termination of the leave or return to service. (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.) (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) Sec. 17-149. Cancellation of pensions. (a) If any person receiving a
[June 1, 2002] 170
171 [June 1, 2002] those numerous veterans for their sacrifices and service; and WHEREAS, The entire portion of the Interstate 255-Interstate 270 loop around the St. Louis metropolitan area that lies in Missouri has been renamed the American Veterans Memorial Highway; therefore be it RESOLVED BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the entire portion of the Interstate 255-Interstate 270 loop that lies in this State is named the American Veterans Memorial Highway; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect, in at least 10 suitable locations, plaques or signs in recognition of the American Veterans Memorial Highway; and be it further RESOLVED, That suitable copies of this Resolution be delivered to the Secretary of Transportation, to the Illinois headquarters of the American Legion, the Veterans of Foreign Wars, and the Vietnam Veterans of America, and to the East St. Louis Vet Center. Adopted by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 69 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1635 A bill for AN ACT concerning municipalities. House Amendment No. 1 to SENATE BILL NO. 1635. House Amendment No. 2 to SENATE BILL NO. 1635. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1657 A bill for AN ACT in relation to vehicles. House Amendment No. 1 to SENATE BILL NO. 1657. House Amendment No. 2 to SENATE BILL NO. 1657. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by
[June 1, 2002] 172 Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 1689 A bill for AN ACT concerning the regulation of professions. House Amendment No. 2 to SENATE BILL NO. 1689. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 2214 A bill for AN ACT in relation to certain land. House Amendment No. 1 to SENATE BILL NO. 2214. House Amendment No. 2 to SENATE BILL NO. 2214. House Amendment No. 3 to SENATE BILL NO. 2214. House Amendment No. 5 to SENATE BILL NO. 2214. House Amendment No. 6 to SENATE BILL NO. 2214. House Amendment No. 7 to SENATE BILL NO. 2214. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 2216 A bill for AN ACT concerning finance. House Amendment No. 1 to SENATE BILL NO. 2216. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives
173 [June 1, 2002] that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 2241 A bill for AN ACT concerning hospitals. House Amendment No. 3 to SENATE BILL NO. 2241. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 314 A bill for AN ACT in relation to group insurance. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Cronin, Dudycz, L. Walsh; Jacobs and Cullerton. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendments to: SENATE BILL NO. 1983 A bill for AN ACT concerning education. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Cronin, Watson, Burzynski; L. Madigan and Demuzio. Action taken by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached Second Conference Committee Report: HOUSE BILL NO. 1640 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate
[June 1, 2002] 174 92ND GENERAL ASSEMBLY SECOND CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1640 To the President of the Senate and the Speaker of the House of Representatives: We, the second conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1640, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 1640 be amended as follows: by replacing the title with the following: "AN ACT in relation to State government."; and by replacing everything after the enacting clause with the following: "Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-15 as follows: (15 ILCS 20/50-15) (was 15 ILCS 20/38.2) Sec. 50-15. Department accountability reports
175 [June 1, 2002] of the Civil Administrative Code of Illinois is amended by repealing Section 605-450. (20 ILCS 670/Act rep.) Section 20. The Military Base Reuse Advisory Board Act is repealed. Section 25. The State Officers and Employees Money Disposition Act is amended by changing Section 1 as follows: (30 ILCS 230/1) (from Ch. 127, par. 170) Sec. 1. Application of Act; exemptions. The officers of the Executive Department of the State Government, the Clerk of the Supreme Court, the Clerks of the Appellate Courts, the Departments of the State government created by the Civil Administrative Code of Illinois, and all other officers, boards, commissions, commissioners, departments, institutions, arms or agencies, or agents of the Executive Department of the State government except the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Cooperative Computer Center, and the Board of Trustees of the Illinois Bank Examiners' Education Foundation for moneys collected pursuant to subsection (11) of Section 48 of the Illinois Banking Act for purposes of the Illinois Bank Examiners' Education Program are subject to this Act. This Act shall not apply, however, to any of the following: (i) the receipt by any such officer of federal funds made available under such conditions as precluded the payment thereof into the State Treasury, (ii) (blank)
[June 1, 2002] 176 Sen. Dave Sullivan s/Rep. Barbara Flynn Currie s/Sen. Larry Bomke s/Rep. Howard Kenner s/Sen. Terry Link s/Rep. Art Tenhouse Sen. Ira Silverstein s/Rep. Dan Rutherford Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 1975 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1975 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendments Nos. 1, 2, 3, and 4 to House Bill 1975, recommend the following: (1) that the House concur in Senate Amendments Nos. 1, 3, and 4; and (2) that the Senate recede from Senate Amendment No. 2; and (3) that House Bill 1975, AS AMENDED, be further amended by replacing Section 25 with the following: "Section 25. Preventing waste to mobile homes; receiver. During the pendency of any tax foreclosure proceeding and until the time to redeem the mobile home sold expires, or redemption is made, from any sale made under any judgment foreclosing the lien of taxes, no waste shall be committed or suffered on any of the mobile homes involved. The mobile home shall be maintained in good condition and repair. When violations of local building, health, or safety codes or violations of mobile home park rules and regulations make the mobile home dangerous or hazardous, when taxes on the mobile home are delinquent for 2 years or more, or when in the judgment of the court it is to the best interest of the parties, the court may, upon the verified petition of any party to the proceeding, or the holder of the certificate of purchase, appoint a receiver for the mobile home with like powers and duties of receivers as in cases of foreclosure of mortgages or trust deeds. The court, in its discretion, may take any other action as may be necessary or desirable to prevent waste and maintain the mobile home in good condition and repair.". Submitted on May 30, 2002 s/Sen. Denny Jacobs s/Rep. Phil Novak Sen. Barack Obama s/Rep. Barbara Flynn Currie s/Sen. Christine Radogno s/Rep. Joe Lyons s/Sen. William E. Peterson Rep. Art Tenhouse s/Sen. Peter Roskam Rep. Donald Moffitt Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report:
177 [June 1, 2002] HOUSE BILL NO. 4975 Adopted by the Senate, June 1, 2002. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 4975 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 4975, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 4975 be amended by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Sections 5-101 and 5-102 as follows: (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101) Sec. 5-101. New vehicle dealers must be licensed. (a) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, new vehicles of any make, or act as an intermediary or agent or broker for any licensed dealer or vehicle purchaser other than as a salesperson, or represent or advertise that he is so engaged or intends to so engage in such business unless licensed to do so in writing by the Secretary of State under the provisions of this Section. (b) An application for a new vehicle dealer's license shall be filed with the Secretary of State, duly verified by oath, on such form as the Secretary of State may by rule or regulation prescribe and shall contain: 1. The name and type of business organization of the applicant and his established and additional places of business, if any, in this State. 2. If the applicant is a corporation, a list of its officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the name and residence address of the proprietor or of each partner, member, officer, director, trustee, or manager. 3. The make or makes of new vehicles which the applicant will offer for sale at retail in this State. 4. The name of each manufacturer or franchised distributor, if any, of new vehicles with whom the applicant has contracted for the sale of such new vehicles. As evidence of this fact, the application shall be accompanied by a signed statement from each such manufacturer or franchised distributor. If the applicant is in the business of offering for sale new conversion vehicles, trucks or vans, except for trucks modified to serve a special purpose which includes but is not limited to the following vehicles: street sweepers, fertilizer spreaders, emergency vehicles, implements of husbandry or maintenance type vehicles, he must furnish evidence of a sales and service agreement from both the chassis manufacturer and second stage manufacturer. 5. A statement that the applicant has been approved for registration under the Retailers' Occupation Tax Act by the Department of Revenue: Provided that this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that that Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
[June 1, 2002] 178 6. A statement that the applicant has complied with the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a new vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one accident, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement. If the permitted user has a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer. When a permitted user is "test driving" a new vehicle dealer's automobile, the new vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary. As used in this paragraph 6, a "permitted user" is a person who, with the permission of the new vehicle dealer or an employee of the new vehicle dealer, drives a vehicle owned and held for sale or lease by the new vehicle dealer which the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. The term "permitted user" also includes a person who, with the permission of the new vehicle dealer, drives a vehicle owned or held for sale or lease by the new vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated. As used in this paragraph 6, "test driving" occurs when a permitted user who, with the permission of the new vehicle dealer or an employee of the new vehicle dealer, drives a vehicle owned and held for sale or lease by a new vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. As used in this paragraph 6, "loaner purposes" means when a person who, with the permission of the new vehicle dealer, drives a vehicle owned or held for sale or lease by the new vehicle dealer while the user's vehicle is being repaired or evaluated. 7. (A) An application for a new motor vehicle dealer's license shall be accompanied by the following license fees: $100 for applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $50 for applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. All moneys received by the Secretary of State as license fees under this Section shall be deposited into the Motor Vehicle Review Board Fund and shall be used to administer the Motor Vehicle Review Board under the Motor Vehicle Franchise Act.
179 [June 1, 2002] (B) An application for a new vehicle dealer's license, other than for a new motor vehicle dealer's license, shall be accompanied by the following license fees: $50 for applicant's established place of business, and $25 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $25 for applicant's established place of business plus $12.50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. 8. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, a partner, member, officer, director, trustee, manager or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal or administrative proceedings of any one of the following Acts: (A) The Anti Theft Laws of the Illinois Vehicle Code; (B) The Certificate of Title Laws of the Illinois Vehicle Code; (C) The Offenses against Registration and Certificates of Title Laws of the Illinois Vehicle Code; (D) The Dealers, Transporters, Wreckers and Rebuilders Laws of the Illinois Vehicle Code; (E) Section 21-2 of the Criminal Code of 1961, Criminal Trespass to Vehicles; or (F) The Retailers' Occupation Tax Act. 9. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil, criminal or administrative proceedings, of any one or more of the following Acts: (A) The Consumer Finance Act; (B) The Consumer Installment Loan Act; (C) The Retail Installment Sales Act; (D) The Motor Vehicle Retail Installment Sales Act; (E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of the Code of Civil Procedure; or (H) The Consumer Fraud Act. 10. A bond or certificate of deposit in the amount of $20,000 for each location at which the applicant intends to act as a new vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a new vehicle dealer. 11. Such other information concerning the business of the applicant as the Secretary of State may by rule or regulation prescribe. 12. A statement that the applicant understands Chapter One through Chapter Five of this Code. (c) Any change which renders no longer accurate any information contained in any application for a new vehicle dealer's license shall be amended within 30 days after the occurrence of such change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2. (d) Anything in this Chapter 5 to the contrary notwithstanding no person shall be licensed as a new vehicle dealer unless:
[June 1, 2002] 180 1. He is authorized by contract in writing between himself and the manufacturer or franchised distributor of such make of vehicle to so sell the same in this State, and 2. Such person shall maintain an established place of business as defined in this Act. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted to him under this Section and unless he makes a determination that the application submitted to him does not conform with the requirements of this Section or that grounds exist for a denial of the application, under Section 5-501 of this Chapter, grant the applicant an original new vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall include the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager; 3. In the case of an original license, the established place of business of the licensee; 4. In the case of a supplemental license, the established place of business of the licensee and the additional place of business to which such supplemental license pertains; 5. The make or makes of new vehicles which the licensee is licensed to sell. (f) The appropriate instrument evidencing the license or a certified copy thereof, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee and in each additional place of business, if any, maintained by such licensee. (g) Except as provided in subsection (h) hereof, all new vehicle dealer's licenses granted under this Section shall expire by operation of law on December 31 of the calendar year for which they are granted unless sooner revoked or cancelled under the provisions of Section 5-501 of this Chapter. (h) A new vehicle dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage under an approved bond under the "Retailers' Occupation Tax Act" or proof that applicant is not subject to such bonding requirements, as in the case of an original license, but in case an application for the renewal of an effective license is made during the month of December, the effective license shall remain in force until the application is granted or denied by the Secretary of State. (i) All persons licensed as a new vehicle dealer are required to furnish each purchaser of a motor vehicle: 1. In the case of a new vehicle a manufacturer's statement of origin and in the case of a used motor vehicle a certificate of title, in either case properly assigned to the purchaser; 2. A statement verified under oath that all identifying numbers on the vehicle agree with those on the certificate of title or manufacturer's statement of origin; 3. A bill of sale properly executed on behalf of such person; 4. A copy of the Uniform Invoice-transaction reporting return referred to in Section 5-402 hereof; 5. In the case of a rebuilt vehicle, a copy of the Disclosure of Rebuilt Vehicle Status; and 6. In the case of a vehicle for which the warranty has been reinstated, a copy of the warranty. (j) Except at the time of sale or repossession of the vehicle, no person licensed as a new vehicle dealer may issue any other person a newly created key to a vehicle unless the new vehicle dealer makes a copy of the driver's license or State identification card of the person requesting or obtaining the newly created key. The new vehicle dealer
181 [June 1, 2002] must retain the copy for 30 days. A new vehicle dealer who violates this subsection (j) is guilty of a petty offense. Violation of this subsection (j) is not cause to suspend, revoke, cancel, or deny renewal of the new vehicle dealer's license. This amendatory Act of 1983 shall be applicable to the 1984 registration year and thereafter. (Source: P.A. 92-391, eff. 8-16-01.) (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) Sec. 5-102. Used vehicle dealers must be licensed. (a) No person, other than a licensed new vehicle dealer, shall engage in the business of selling or dealing in, on consignment or otherwise, 5 or more used vehicles of any make during the year (except house trailers as authorized by paragraph (j) of this Section and rebuilt salvage vehicles sold by their rebuilders to persons licensed under this Chapter), or act as an intermediary, agent or broker for any licensed dealer or vehicle purchaser (other than as a salesperson) or represent or advertise that he is so engaged or intends to so engage in such business unless licensed to do so by the Secretary of State under the provisions of this Section. (b) An application for a used vehicle dealer's license shall be filed with the Secretary of State, duly verified by oath, in such form as the Secretary of State may by rule or regulation prescribe and shall contain: 1. The name and type of business organization established and additional places of business, if any, in this State. 2. If the applicant is a corporation, a list of its officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee or manager. 3. A statement that the applicant has been approved for registration under the Retailers' Occupation Tax Act by the Department of Revenue. However, this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act. 4. A statement that the applicant has complied with the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a used vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one accident, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement. If the permitted user has a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted
[June 1, 2002] 182 user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one accident, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer. When a permitted user is "test driving" a used vehicle dealer's automobile, the used vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary. As used in this paragraph 4, a "permitted user" is a person who, with the permission of the used vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by the used vehicle dealer which the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. The term "permitted user" also includes a person who, with the permission of the used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated. As used in this paragraph 4, "test driving" occurs when a permitted user who, with the permission of the used vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by a used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. As used in this paragraph 4, "loaner purposes" means when a person who, with the permission of the used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer while the user's vehicle is being repaired or evaluated. 5. An application for a used vehicle dealer's license shall be accompanied by the following license fees: $50 for applicant's established place of business, and $25 for each additional place of business, if any, to which the application pertains; however, if the application is made after June 15 of any year, the license fee shall be $25 for applicant's established place of business plus $12.50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. 6. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal or administrative proceedings of any one of the following Acts: (A) The Anti Theft Laws of the Illinois Vehicle Code; (B) The Certificate of Title Laws of the Illinois Vehicle Code; (C) The Offenses against Registration and Certificates of Title Laws of the Illinois Vehicle Code; (D) The Dealers, Transporters, Wreckers and Rebuilders Laws of the Illinois Vehicle Code; (E) Section 21-2 of the Illinois Criminal Code of 1961, Criminal Trespass to Vehicles; or (F) The Retailers' Occupation Tax Act. 7. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil or criminal or administrative proceedings, of any one or more of the following Acts: (A) The Consumer Finance Act; (B) The Consumer Installment Loan Act;
183 [June 1, 2002] (C) The Retail Installment Sales Act; (D) The Motor Vehicle Retail Installment Sales Act; (E) The Interest Act; (F) The Illinois Wage Assignment Act; (G) Part 8 of Article XII of the Code of Civil Procedure; or (H) The Consumer Fraud Act. 8. A bond or Certificate of Deposit in the amount of $20,000 for each location at which the applicant intends to act as a used vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a used vehicle dealer. 9. Such other information concerning the business of the applicant as the Secretary of State may by rule or regulation prescribe. 10. A statement that the applicant understands Chapter 1 through Chapter 5 of this Code. (c) Any change which renders no longer accurate any information contained in any application for a used vehicle dealer's license shall be amended within 30 days after the occurrence of each change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2. (d) Anything in this Chapter to the contrary notwithstanding, no person shall be licensed as a used vehicle dealer unless such person maintains an established place of business as defined in this Chapter. (e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted to him under this Section. Unless the Secretary makes a determination that the application submitted to him does not conform to this Section or that grounds exist for a denial of the application under Section 5-501 of this Chapter, he must grant the applicant an original used vehicle dealer's license in writing for his established place of business and a supplemental license in writing for each additional place of business in such form as he may prescribe by rule or regulation which shall include the following: 1. The name of the person licensed; 2. If a corporation, the name and address of its officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager; 3. In case of an original license, the established place of business of the licensee; 4. In the case of a supplemental license, the established place of business of the licensee and the additional place of business to which such supplemental license pertains. (f) The appropriate instrument evidencing the license or a certified copy thereof, provided by the Secretary of State shall be kept posted, conspicuously, in the established place of business of the licensee and in each additional place of business, if any, maintained by such licensee. (g) Except as provided in subsection (h) of this Section, all used vehicle dealer's licenses granted under this Section expire by operation of law on December 31 of the calendar year for which they are granted unless sooner revoked or cancelled under Section 5-501 of this Chapter. (h) A used vehicle dealer's license may be renewed upon application and payment of the fee required herein, and submission of proof of coverage by an approved bond under the "Retailers' Occupation Tax Act" or proof that applicant is not subject to such bonding
[June 1, 2002] 184 requirements, as in the case of an original license, but in case an application for the renewal of an effective license is made during the month of December, the effective license shall remain in force until the application for renewal is granted or denied by the Secretary of State. (i) All persons licensed as a used vehicle dealer are required to furnish each purchaser of a motor vehicle: 1. A certificate of title properly assigned to the purchaser; 2. A statement verified under oath that all identifying numbers on the vehicle agree with those on the certificate of title; 3. A bill of sale properly executed on behalf of such person; 4. A copy of the Uniform Invoice-transaction reporting return referred to in Section 5-402 of this Chapter; 5. In the case of a rebuilt vehicle, a copy of the Disclosure of Rebuilt Vehicle Status; and 6. In the case of a vehicle for which the warranty has been reinstated, a copy of the warranty. (j) A real estate broker holding a valid certificate of registration issued pursuant to "The Real Estate Brokers and Salesmen License Act" may engage in the business of selling or dealing in house trailers not his own without being licensed as a used vehicle dealer under this Section; however such broker shall maintain a record of the transaction including the following: (1) the name and address of the buyer and seller, (2) the date of sale, (3) a description of the mobile home, including the vehicle identification number, make, model, and year, and (4) the Illinois certificate of title number. The foregoing records shall be available for inspection by any officer of the Secretary of State's Office at any reasonable hour. (k) Except at the time of sale or repossession of the vehicle, no person licensed as a used vehicle dealer may issue any other person a newly created key to a vehicle unless the used vehicle dealer makes a copy of the driver's license or State identification card of the person requesting or obtaining the newly created key. The used vehicle dealer must retain the copy for 30 days. A used vehicle dealer who violates this subsection (k) is guilty of a petty offense. Violation of this subsection (k) is not cause to suspend, revoke, cancel, or deny renewal of the used vehicle dealer's license. (Source: P.A. 92-391, eff. 8-16-01.)". Submitted on May 30, 2002 s/Sen. Dave Syverson s/Rep. Jay Hoffman s/Sen. Thomas J. Walsh s/Rep. Barbara Flynn Currie s/Sen. Todd Sieben s/Rep. Gary Hannig s/Sen. Denny Jacobs s/Rep. Art Tenhouse s/Sen. John Cullerton s/Rep. Terry Parke Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5169 A bill for AN ACT in relation to public employee benefits. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit:
185 [June 1, 2002] Senate Amendment No. 1 to HOUSE BILL NO. 5169. Passed the Senate, as amended, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5169 by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 16-127 and 16-128 as follows: (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) Sec. 16-127. Computation of creditable service. (a) Each member shall receive regular credit for all service as a teacher from the date membership begins, for which satisfactory evidence is supplied and all contributions have been paid. (b) The following periods of service shall earn optional credit and each member shall receive credit for all such service for which satisfactory evidence is supplied and all contributions have been paid as of the date specified: (1) Prior service as a teacher. (2) Service in a capacity essentially similar or equivalent to that of a teacher, in the public common schools in school districts in this State not included within the provisions of this System, or of any other State, territory, dependency or possession of the United States, or in schools operated by or under the auspices of the United States, or under the auspices of any agency or department of any other State, and service during any period of professional speech correction or special education experience for a public agency within this State or any other State, territory, dependency or possession of the United States, and service prior to February 1, 1951 as a recreation worker for the Illinois Department of Public Safety, for a period not exceeding the lesser of 2/5 of the total creditable service of the member or 10 years. The maximum service of 10 years which is allowable under this paragraph shall be reduced by the service credit which is validated by other retirement systems under paragraph (i) of Section 15-113 and paragraph 1 of Section 17-133. Credit granted under this paragraph may not be used in determination of a retirement annuity or disability benefits unless the member has at least 5 years of creditable service earned subsequent to this employment with one or more of the following systems: Teachers' Retirement System of the State of Illinois, State Universities Retirement System, and the Public School Teachers' Pension and Retirement Fund of Chicago. Whenever such service credit exceeds the maximum allowed for all purposes of this Article, the first service rendered in point of time shall be considered. The changes to this subdivision (b)(2) made by Public Act 86-272 shall apply not only to persons who on or after its effective date (August 23, 1989) are in service as a teacher under the System, but also to persons whose status as such a teacher terminated prior to such effective date, whether or not such person is an annuitant on that date. (3) Any periods immediately following teaching service, under this System or under Article 17, (or immediately following service prior to February 1, 1951 as a recreation worker for the Illinois Department of Public Safety) spent in active service with the military forces of the United States; periods spent in educational programs that prepare for return to teaching sponsored by the federal government following such active military service; if a teacher returns to teaching service within one calendar year after discharge or after the completion of the educational program, a further period, not exceeding one calendar year, between time spent in military service or in such educational programs and the return to employment as a teacher under this System; and a period of up to
[June 1, 2002] 186 2 years of active military service not immediately following employment as a teacher. The changes to this Section and Section 16-128 relating to military service made by P.A. 87-794 shall apply not only to persons who on or after its effective date are in service as a teacher under the System, but also to persons whose status as a teacher terminated prior to that date, whether or not the person is an annuitant on that date. In the case of an annuitant who applies for credit allowable under this Section for a period of military service that did not immediately follow employment, and who has made the required contributions for such credit, the annuity shall be recalculated to include the additional service credit, with the increase taking effect on the date the System received written notification of the annuitant's intent to purchase the credit, if payment of all the required contributions is made within 60 days of such notice, or else on the first annuity payment date following the date of payment of the required contributions. In calculating the automatic annual increase for an annuity that has been recalculated under this Section, the increase attributable to the additional service allowable under P.A. 87-794 shall be included in the calculation of automatic annual increases accruing after the effective date of the recalculation. Credit for military service shall be determined as follows: if entry occurs during the months of July, August, or September and the member was a teacher at the end of the immediately preceding school term, credit shall be granted from July 1 of the year in which he or she entered service; if entry occurs during the school term and the teacher was in teaching service at the beginning of the school term, credit shall be granted from July 1 of such year. In all other cases where credit for military service is allowed, credit shall be granted from the date of entry into the service. The total period of military service for which credit is granted shall not exceed 5 years for any member unless the service: (A) is validated before July 1, 1964, and (B) does not extend beyond July 1, 1963. Credit for military service shall be granted under this Section only if not more than 5 years of the military service for which credit is granted under this Section is used by the member to qualify for a military retirement allotment from any branch of the armed forces of the United States. The changes to this subdivision (b)(3) made by Public Act 86-272 shall apply not only to persons who on or after its effective date (August 23, 1989) are in service as a teacher under the System, but also to persons whose status as such a teacher terminated prior to such effective date, whether or not such person is an annuitant on that date. (4) Any periods served as a member of the General Assembly. (5)(i) Any periods for which a teacher, as defined in Section 16-106, is granted a leave of absence, provided he or she returns to teaching service creditable under this System or the State Universities Retirement System following the leave; (ii) periods during which a teacher is involuntarily laid off from teaching, provided he or she returns to teaching following the lay-off; (iii) periods prior to July 1, 1983 during which a teacher ceased covered employment due to pregnancy, provided that the teacher returned to teaching service creditable under this System or the State Universities Retirement System following the pregnancy and submits evidence satisfactory to the Board documenting that the employment ceased due to pregnancy; and (iv) periods prior to July 1, 1983 during which a teacher ceased covered employment for the purpose of adopting an infant under 3 years of age or caring for a newly adopted infant under 3 years of age, provided that the teacher returned to teaching service creditable under this System or the State Universities Retirement System following the adoption and submits evidence satisfactory to the Board documenting that the employment ceased for the purpose of adopting an infant under 3 years of age or caring for a newly adopted infant under 3 years of
187 [June 1, 2002] age. However, total credit under this paragraph (5) may not exceed 3 years. Any qualified member or annuitant may apply for credit under item (iii) or (iv) of this paragraph (5) without regard to whether service was terminated before the effective date of this amendatory Act of 1997. In the case of an annuitant who establishes credit under item (iii) or (iv), the annuity shall be recalculated to include the additional service credit. The increase in annuity shall take effect on the date the System receives written notification of the annuitant's intent to purchase the credit, if the required evidence is submitted and the required contribution paid within 60 days of that notification, otherwise on the first annuity payment date following the System's receipt of the required evidence and contribution. The increase in an annuity recalculated under this provision shall be included in the calculation of automatic annual increases in the annuity accruing after the effective date of the recalculation. Optional credit may be purchased under this subsection (b)(5) for periods during which a teacher has been granted a leave of absence pursuant to Section 24-13 of the School Code. A teacher whose service under this Article terminated prior to the effective date of P.A. 86-1488 shall be eligible to purchase such optional credit. If a teacher who purchases this optional credit is already receiving a retirement annuity under this Article, the annuity shall be recalculated as if the annuitant had applied for the leave of absence credit at the time of retirement. The difference between the entitled annuity and the actual annuity shall be credited to the purchase of the optional credit. The remainder of the purchase cost of the optional credit shall be paid on or before April 1, 1992. The change in this paragraph made by Public Act 86-273 shall be applicable to teachers who retire after June 1, 1989, as well as to teachers who are in service on that date. (6) Any days of unused and uncompensated accumulated sick leave earned by a teacher. The service credit granted under this paragraph shall be the ratio of the number of unused and uncompensated accumulated sick leave days to 170 days, subject to a maximum of 2 years
[June 1, 2002] 188 service as a teacher or administrator employed by a private school recognized by the Illinois State Board of Education, provided that the teacher (i) was certified under the law governing the certification of teachers at the time the service was rendered, (ii) applies in writing on or after June 1, 2002 and on or before June 1, 2005, (iii) supplies satisfactory evidence of the employment, (iv) completes at least 10 years of contributing service as a teacher as defined in Section 16-106, and (v) pays the contribution required in subsection (d-5) of Section 16-128. The member may apply for credit under this subsection and pay the required contribution before completing the 10 years of contributing service required under item (iv), but the credit may not be used until the item (iv) contributing service requirement has been met. (c) The service credits specified in this Section shall be granted only if: (1) such service credits are not used for credit in any other statutory tax-supported public employee retirement system other than the federal Social Security program; and (2) the member makes the required contributions as specified in Section 16-128. Except as provided in subsection (b-1) of this Section, the service credit shall be effective as of the date the required contributions are completed. Any service credits granted under this Section shall terminate upon cessation of membership for any cause. Credit may not be granted under this Section covering any period for which an age retirement or disability retirement allowance has been paid. (Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.) (40 ILCS 5/16-128) (from Ch. 108 1/2, par. 16-128) Sec. 16-128. Creditable service - required contributions. (a) In order to receive the creditable service specified under subsection (b) of Section 16-127, a member is required to make the following contributions: (i) an amount equal to the contributions which would have been required had such service been rendered as a member under this System; (ii) for military service not immediately following employment and for service established under subdivision (b)(10) of Section 16-127, an amount determined by the Board to be equal to the employer's normal cost of the benefits accrued for such service; and (iii) interest from the date the contributions would have been due (or, in the case of a person establishing credit for military service under subdivision (b)(3) of Section 16-127, the date of first membership in the System, if that date is later) to the date of payment, at the following rate of interest, compounded annually: for periods prior to July 1, 1965, regular interest; from July 1, 1965 to June 30, 1977, 4% per year; on and after July 1, 1977, regular interest. (b) In order to receive creditable service under paragraph (2) of subsection (b) of Section 16-127 for those who were not members on June 30, 1963, the minimum required contribution shall be $420 per year of service together with interest at 4% per year compounded annually from July 1, preceding the date of membership until June 30, 1977 and at regular interest compounded annually thereafter to the date of payment. (c) In determining the contribution required in order to receive creditable service under paragraph (3) of subsection (b) of Section 16-127, the salary rate for the remainder of the school term in which a member enters military service shall be assumed to be equal to the member's salary rate at the time of entering military service. However, for military service not immediately following employment, the salary rate on the last date as a participating teacher prior to such military service, or on the first date as a participating teacher after such military service, whichever is greater, shall be assumed to be equal to the member's salary rate at the time of entering military service. For each school term thereafter, the member's salary rate shall be assumed to be 5% higher than the salary rate in the previous school term. (d) In determining the contribution required in order to receive creditable service under paragraph (5) of subsection (b) of Section 16-127, a member's salary rate during the period for which credit is being established shall be assumed to be equal to the member's last
189 [June 1, 2002] salary rate immediately preceding that period. (d-5) For each year of service credit to be established under subsection (b-1) of Section 16-127, a member is required to contribute to the System (i) 16.5% of the annual salary rate during the first year of full-time employment as a teacher under this Article following the private school service, plus (ii) interest thereon from the date of first full-time employment as a teacher under this Article following the private school service to the date of payment, compounded annually, at the rate of 8.5% per year for periods before the effective date of this amendatory Act of the 92nd General Assembly, and for subsequent periods at a rate equal to the System's actuarially assumed rate of return on investments. (e) The contributions required under this Section may be made from the date the statement for such creditable service is issued until retirement date. All such required contributions must be made before any retirement annuity is granted. (Source: P.A. 89-430, eff. 12-15-95.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 5169 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 5375 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5375 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment Nos. 1, 2, and 3 to House Bill 5375, recommend the following: (1) that the Senate recede from Senate Amendments Nos. 1, 2, and 3; and (2) that House Bill 5375 be amended by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Section 8-11-1.2 as follows: (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2) Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act, "public infrastructure" means municipal roads and streets, access roads, bridges, and sidewalks; waste disposal systems; and water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities. For purposes of referenda authorizing the imposition of taxes by the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4, and 8-11-1.5 of this Act that are approved in November, 2002, "public infrastructure" shall also include public schools. (Source: P.A. 91-51, eff. 6-30-99.) Section 99. Effective date. This Act takes effect upon becoming law.".
[June 1, 2002] 190 Submitted on June 1, 2002 s/Sen. David Luechtefeld Rep. Daniel Burke s/Sen. Kirk Dillard Rep. Barbara Flynn Currie s/Sen. Walter Dudcyz Rep. Louis Lang s/Sen. Lawrence Walsh s/Rep. Art Tenhouse Sen. Debbie Halvorson s/Rep. Mike Bost Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 5652 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5652 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 5652, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 5652 be amended as follows: on page 1, by inserting between lines 3 and 4 the following: "Section 2. The Criminal Code of 1961 is amended by changing Section 18-5 as follows: (720 ILCS 5/18-5) Sec. 18-5. Aggravated robbery. (a) A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while falsely indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon.
191 [June 1, 2002] Submitted on May 31, 2002 s/Sen. Peter Roskam s/Rep. Mary K. O'Brien s/Sen. Carl Hawkinson s/Rep. Barbara Flynn Currie s/Sen. Ed Petka s/Rep. Louis Lang s/Sen. Robert S. Molaro s/Rep. Art Tenhouse Sen. Miguel del Valle s/Rep. James B. Durkin Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 5996 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5996 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 5996, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 5996 be amended by replacing everything after enacting clause with the following: "Section 5. The Child Labor Law is amended by adding Section 2.5 and by changing Section 3 as follows: (820 ILCS 205/2.5 new) Sec. 2.5. Officiating youth activities. Nothing in this Act prohibits a minor who is 12 or 13 years of age from officiating youth sports activities for a not-for-profit youth club, park district, or municipal parks and recreation department if each of the following restrictions is met: (1) The parent or guardian of the minor who is officiating shall be responsible for being present at the youth sports activity while the minor is officiating. Failure of the parent or guardian to be present may result in the revocation of the employment certificate. (2) The employer must obtain certification as provided for in Section 9 of this Act. (3) The minor may work as a sports official for a maximum of 3 hours per day on school days and a maximum of 4 hours per day on non-school days, may not exceed 10 hours of officiating in any week, and may not work later than 9 p.m. (4) The participants in the youth sports activity must be at least 3 years younger than the officiating minor, or an adult must be officiating the same youth sports activity. For the purposes of this subdivision (4), "adult" means an individual 16 years of age or older. (820 ILCS 205/3) (from Ch. 48, par. 31.3) Sec. 3. Except as hereinafter provided, no minor under 16 years of age shall be employed, permitted, or allowed to work in any gainful occupation mentioned in Section 1 of this Act for more than 6 consecutive days in any one week, or more than 48 hours in any one week, or more than 8 hours in any one day, or be so employed, permitted or allowed to work between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day.
[June 1, 2002] 192 The hours of work of minors under the age of 16 years employed outside of school hours shall not exceed 3 a day on days when school is in session, nor shall the combined hours of work outside and in school exceed a total of 8 a day; except that a minor under the age of 16 may work both Saturday and Sunday for not more than 8 hours each day if the following conditions are met: (1) the minor does not work outside school more than 6 consecutive days in any one week, and (2) the number of hours worked by the minor outside school in any week does not exceed 24. A minor 14 or more years of age who is employed in a recreational or educational activity by a park district, not-for-profit youth club, or municipal parks and recreation department while school is in session may work up to 3 hours per school day twice a week no later than 9 p.m. if the number of hours worked by the minor outside school in any week does not exceed 24 or between 10 p.m. and 7 a.m. during that school district's summer vacation, or if the school district operates on a 12 month basis, the period during which school is not in session for the minor. (Source: P.A. 90-410, eff. 1-1-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 31, 2002 s/Sen. Christine Radogno s/Rep. Art Tenhouse Sen. Chris Lauzen s/Rep. Eileen Lyons Sen. Carl Hawkinson s/Rep. Larry McKeon s/Sen. Debbie Halvorson s/Rep. Barbara Flynn Currie s/Sen. Rickey Hendon Rep. Monique Davis Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: HOUSE BILL NO. 6012 Adopted by the Senate, June 1, 2002, by a three-fifths vote. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 6012 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 6012, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; (2) that House Bill 6012 be amended by replacing everything after the enacting clause with the following: "Section 5. The Simplified Municipal Telecommunications Tax Act is amended by adding Section 5-42 as follows: (35 ILCS 636/5-42 new) Sec. 5-42. Procedure for determining proper tax jurisdiction. (a) Tax jurisdiction information provided by a municipality upon written request from a telecommunications retailer. For purposes of this subsection (a), "telecommunications retailer" does not include retailers providing Commercial Mobile Radio Service as the term is used in the Mobile Telecommunications Sourcing Act. (1) A municipality may provide, within 30 days following
193 [June 1, 2002] receipt of a written request from a telecommunications retailer, the following: (A) A list containing each street name, known street name aliases, street address number ranges, applicable directionals, and zip codes associated with each street name, for all street addresses located within the municipality. For a range of street address numbers located within a municipality that consists only of odd or even street numbers, the list must specify whether the street numbers in the range are odd or even. The list shall be alphabetical, except that numbered streets shall be in numerical sequence. (B) A list containing each postal zip code and all the city names associated therewith for all zip codes assigned to geographic areas located entirely within the municipality, including zip codes assigned to rural route boxes; and (C) A sequential list containing all rural route box number ranges and the city names and zip codes associated therewith, for all rural route boxes located within the municipality, except that rural route boxes with postal zip codes entirely within the municipality that are included on the list furnished under paragraph (B) need not be duplicated. (D) The lists shall be printed. If a list is available through another medium, however, the municipality shall, upon request, furnish the list through such medium in addition to or in lieu of the printed lists. The municipality shall be responsible for updating the lists as changes occur and for furnishing this information to all telecommunications retailers affected by the changes. Each update shall specify an effective date, which shall be the next ensuing January 1, April 1, July 1, or October 1; shall be furnished to the telecommunications retailer not less than 60 days prior to the effective date; and shall identify the additions, deletions, and other changes to the preceding version of the list. If the information is received less than 60 days prior to the effective date of the change, the telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the appropriate changes. Nothing in this subsection (a) shall prevent a municipality from providing a telecommunications retailer with the information set forth in this subdivision (a)(1) in the absence of a written request from the telecommunications retailer. (2) The telecommunications retailer shall be responsible for charging the tax to the service addresses contained in the lists requested under subdivision (a)(1) that include all of the elements required by this Section. If a service address is not included in the list or if no list is provided, the telecommunications retailer shall be held harmless from situsing errors provided it uses a reasonable methodology to assign the service address or addresses to a local tax jurisdiction. The telecommunications retailer shall be held harmless for any tax overpayments or underpayments (including penalty or interest) resulting from written information provided by the municipality or, in the case of disputes, the Department. If a municipality is aware of a situsing error in a telecommunications retailer's records, the municipality may file a written notification to the telecommunications retailer at an address specified by the telecommunications retailer describing the street address or addresses that are incorrect and, if known, the affected customer name or names and account number or numbers. If another jurisdiction is claiming the same street address or addresses that are the subject of the notification, the telecommunications retailer must notify the Department as specified in subdivision (a)(3) of this Section, otherwise, the telecommunications retailer shall make such correction to its records within 90 days. (3) If it is determined from the lists or updates furnished under subdivision (a)(1) that more than one municipality claims the
[June 1, 2002] 194 same address or group of addresses, the telecommunications retailer shall notify the Department within 60 days of discovering the discrepancy. After notification and until resolution, the telecommunications retailer will continue its prior tax treatment and will be held harmless for any tax, penalty, and interest in the event the prior tax treatment is wrong. Upon resolution, the Department will notify the telecommunications retailer in a written form describing the resolution. Upon receipt of the resolution, the telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the change. (4) Municipalities shall notify any telecommunications retailer that has previously requested a list under subdivision (a)(1) of this Section of any annexations, de-annexations, or other boundary changes at least 60 days after the effective date of such changes. The notification shall contain each street name, known street name aliases, street address number ranges, applicable directionals, and zip codes associated with each street name, for all street addresses for which a change has occurred. The notice shall be mailed to an address designated by the telecommunications retailer. The telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the changes described in such notification. (b) The safe harbor provisions, Sections 40 and 45 of the Mobile Telecommunications Sourcing Conformity Act, shall apply to any telecommunications retailer electing to employ enhanced zip codes (zip+4) to assign each street address, address range, rural route box, or rural route box range in their service area to a specific municipal tax jurisdiction, except as provided under subdivision (c)(5). A telecommunications retailer shall make its election as prescribed by rules adopted by the Department. (c) Persons who believe that they are improperly being charged a tax imposed under this Act because their service address is assigned to the wrong taxing jurisdiction shall file a written complaint with their telecommunications (mobile or non-mobile) retailer. The written complaint shall include the street address for her or his place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications, the name and address of the telecommunications retailer who is collecting the tax imposed by this Act, the account name and number for which the person seeks a correction of the tax assignment, a description of the error asserted by that person, an estimated amount of tax claimed to have been incorrectly paid, the time period for which that amount of tax applies, and any other information that the telecommunications retailer may reasonably require to process the request. For purposes of this Section, the terms "place of primary use" and "mobile telecommunications service" shall have the same meanings as those terms are defined in the Mobile Telecommunications Sourcing Conformity Act. Within 60 days after receiving the complaint under this subsection (c), the telecommunications retailer shall review its records, the written complaint, any information submitted by the affected municipality or municipalities, and the electronic database, if existing, or enhanced zip code used pursuant to Section 25 or 40 of the Mobile Telecommunications Sourcing Conformity Act to determine the customer's taxing jurisdiction. If this review shows that the amount of tax, assignment of place of primary use or service address, or taxing jurisdiction is in error, the telecommunications retailer shall correct the error and refund or credit the amount of tax erroneously collected from the customer for the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. If this review shows that the amount of tax, assignment of place of primary use or service address, or taxing jurisdiction is correct, the telecommunications retailer shall provide a written explanation to the person from whom the notice was received. (1) If the person is dissatisfied with the response from the telecommunications retailer, the customer may request a written determination from the Department on a form prescribed by the
195 [June 1, 2002] Department. The request shall contain the same information as was provided to the telecommunications retailer. The Department shall review the request for determination and make all reasonable efforts to determine if such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is located within the jurisdictional boundaries of the municipality for which the person is being charged tax under this Act. Upon request by the Department, municipalities that have imposed a tax under this Act shall have 30 days to provide information to the Department regarding such requests for determination via certified mail. (2) Within 90 days after receipt of a request for determination under subdivision (c)(1) of this Section, the Department shall issue a letter of determination to the person stating whether that person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is located within the jurisdictional boundaries of the municipality for which the person is being charged tax under this Act or naming the proper municipality, if different. The Department shall also list in the letter of determination, if the municipality has provided that information to the Department, the Department's findings as to the limit of the jurisdictional boundary (street address range) for the municipality in relation to the street address listed in the request for a letter of determination. A copy of such letter of determination shall be provided by the Department to the telecommunications retailer listed on the request for determination. The copy shall be sent via mail to an address designated by the telecommunications retailer. (3) If the municipality or municipalities fail to respond as set forth in subdivision (c)(1), then the complaining person will no longer be subject to the tax imposed under this Act. The Department shall notify the relevant telecommunications retailer in writing of the automatic determination and also list its findings as to the street address listed in the request for a letter of determination. Upon receipt of the notice of automatic determination, the telecommunications retailer shall correct its records and refund or credit the amount of tax determined to have been paid by such person for the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. A copy of the letter of determination shall be provided by the Department to the telecommunications retailer listed on the request for determination at an address designated by the telecommunications retailer. (4) If the telecommunications retailer receives a copy of the letter of determination from the Department described in subdivision (c)(2) of this Section that states that such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is not located within the jurisdictional boundaries of the municipality for which that person is being charged tax under this Act and that provides the correct tax jurisdiction for the particular street address, the telecommunications retailer shall correct the error and refund or credit the amount of tax determined to have been paid in error by such person up to the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. The telecommunications retailer shall retain such copy of the letter of determination in its books and records and shall be held harmless for any tax, penalty, or interest due as a result of its reliance on such determination. If the Department subsequently receives information that discloses that such service addresses or places of primary use on that street are within the jurisdictional boundaries of a municipality other than the one specified in the previous letter, the Department shall notify the telecommunications retailer and the telecommunications customer in writing that the telecommunications retailer is to begin collecting tax for a specified municipality on the accounts associated with those
[June 1, 2002] 196 service addresses or places of primary use. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after October 1 and prior to January 1 shall be effective the following April 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after January 1 and prior to April 1 shall be effective the following July 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after April 1 and prior to July 1 shall be effective the following October 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after July 1 and prior to October 1 shall be effective the following January 1. (5) If the telecommunications retailer receives a copy of the letter of determination from the Department described in subdivisions (c)(2), (c)(3), or (c)(4) of this Section that states that such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is not located within the jurisdictional boundaries of the municipality for which that person is being charged tax under this Act and the telecommunications retailer fails to correct the error and refund or credit the appropriate amount of tax paid in error within the time period prescribed in subdivisions (c)(3) and (c)(4), the telecommunications retailer shall not be held harmless for any tax, penalty, or interest due the Department as a result of the error. (6) The procedures in this subsection (c) shall be the first course of remedy available to customers seeking correction of assignment of service address, place of primary use, taxing jurisdiction, an amount of tax paid erroneously, or other compensation for taxes, charges, or fees erroneously collected by a telecommunications retailer. No cause of action based upon a dispute arising from these taxes, charges, or fees shall accrue until a customer has reasonably exercised the rights and procedures set forth in this subsection (c). If a customer is not satisfied after exercising the rights and following the procedures set forth in this subsection (c), the customer shall have the normal cause of action available under the law to recover any tax, penalty, or interest from the telecommunications retailer. (d) The provisions of this Section shall not apply to a municipality that directly receives collected tax revenue from a retailer pursuant to subsection (b) of Section 5-40. A municipality that receives tax revenue pursuant to subsection (b) of Section 5-40 for telecommunications other than mobile telecommunications service, as that term is defined in the Mobile Telecommunications Sourcing Conformity Act, shall establish a procedure to remedy the complaints of persons who believe they are being improperly taxed, which should consider the requirements set forth in subsection (c) of this Section. Section 10. The Mobile Telecommunications Sourcing Conformity Act is amended by changing Section 80 as follows: (35 ILCS 638/80) (This Section may contain text from a Public Act with a delayed effective date) Sec. 80. Customers' procedures and remedies for correcting taxes and fees. (a) If a customer believes that he or she is being charged an improper amount of tax or is not subject to a tax imposed under the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications" under this Act, he or she shall follow the procedures outlined in subsection (c) of Section 5-42 of the Simplified Municipal Telecommunications Tax Act. The procedures outlined in subsection (c) of Section 5-42 of the Simplified Municipal Telecommunications Tax Act shall also apply to the home service provider, the Department, and municipalities. (b) Nothing in subsection (a) shall apply to a municipality that
197 [June 1, 2002] directly receives collected tax revenue from a retailer under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications service" under this Act. In lieu of subsection (a), a customer may seek relief under subsection (c) only if a municipality directly receives collected tax revenue from a retailer under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications service" under this Act. (c) For municipalities covered under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act, if a customer believes that an amount of tax or assignment of place of primary use or taxing jurisdiction included on a billing is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for her or his place of primary use, the account name and number for which the customer seeks a correction of the tax assignment, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days after receiving a notice under this subsection (c)
[June 1, 2002] 198 s/Sen. William E. Peterson s/Rep. Joseph M. Lyons s/Sen. J.Bradley Buryznski s/Rep. Barbara Flynn Currie s/Sen. Denny Jacobs s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. Bill Mitchell Committee for the Senate Committee for the House REPORTS FROM STANDING COMMITTEES Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 2289. The committee roll call vote on SENATE BILL 2289 is as follows: 7, Yeas; 3, Nays; 2, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo P Hassert P Beaubien Y Jones, Lou N Biggins Y McKeon (Hannig) Y Bradley N Pankau Y Bugielski, V-Chair (Currie) N Poe, Spkpn A Rutherford REPORT FROM STANDING COMMITTEE Representative Howard, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 2201. The committee roll call vote on Amendment No. 1 to SENATE BILL 2201 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn Y Schoenberg, V-Chair Y Flowers A Soto Y Howard Y Winters Y Wirsing Representative Dart, Chairperson, from the Committee on Judiciary I - Civil Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4680. The committee roll call vote on Motion to Concur with Senate Amendment No. 1 to HOUSE BILL 4680 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair Y Meyer Y Brosnahan Y Osmond (Winkel) Y Hamos Y Righter, Spkpn Y Hoffman Y Scully Y Klingler Y Wait (Cross) Y Lang Y Wright Y Fritchey Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred,
199 [June 1, 2002] action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to SENATE BILL 727. The committee roll call vote on Conference Committee Report No. 1 to SENATE BILL 727 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley Y Jones, Lou Y Brady Y Lindner Y Brosnahan, V-Chair Y Smith, Michael Y Brunsvold (Franks) Y Wait Y Delgado Y Winkel, Spkpn Y Wright CONFERENCE COMMITTEE REPORTS SUBMITTTED Representative Righter submitted the following First Conference Committee Report on HOUSE BILL 1006 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1006 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1006, recommend the following: (1) that the House concur in Senate Amendment No. 1; and (2) that House Bill 1006, AS AMENDED, be further amended in the introductory clause to Section 5 of the bill by changing "4, 5," to "4,"; and in the body of Section 5 of the bill by deleting all of Sec. 5. Submitted on June 1, 2002. s/Sen. Judith Meyers s/Rep. Skip Saviano s/Sen. Bradley Burzynski Rep. Gary Hannig s/Sen. N. Duane Noland Rep. Barbara Flynn Currie s/Sen. Evelyn Bowles s/Rep. Art Tenhouse Sen. Ira Silverstein s/Rep. Dale A. Righter Committee for the Senate Committee for the House Representative Bost submitted the following First Conference Committee Report on HOUSE BILL 5375 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5375 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment Nos. 1, 2, and 3 to House Bill 5375, recommend the following: (1) that the Senate recede from Senate Amendments Nos. 1, 2, and 3; and
[June 1, 2002] 200 (2) that House Bill 5375 be amended by replacing everything after the enacting clause with the following: "Section 5. The Illinois Municipal Code is amended by changing Section 8-11-1.2 as follows: (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2) Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act, "public infrastructure" means municipal roads and streets, access roads, bridges, and sidewalks; waste disposal systems; and water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities. For purposes of referenda authorizing the imposition of taxes by the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4, and 8-11-1.5 of this Act that are approved in November, 2002, "public infrastructure" shall also include public schools. (Source: P.A. 91-51, eff. 6-30-99.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on June 1, 2002. s/Sen. David Luechtefeld Rep. Daniel Burke s/Sen. Kirk Dillard Rep. Barbara Flynn Currie s/Sen. Walter Dudycz Rep. Lou Lang s/Sen. Larry Walsh s/Rep. Art Tenhouse Sen. Debbie Halverson s/Rep. Mike Bost Committee for the Senate Committee for the House Representative Delgado submitted the following First Conference Committee Report on SENATE BILL 1983 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 1983 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendments Nos. 1 and 2 to Senate Bill 1983, recommend the following: (1) that the Senate concur in House Amendments Nos. 1 and 2; and (2) that Senate Bill 1983, AS AMENDED, be further amended as follows: in Section 5, in the introductory clause, by replacing "and 14C-4" with "14C-4, and 18-8.05"; and in Section 5, immediately below the end of Sec. 14C-4, by inserting the following: "(105 ILCS 5/18-8.05) Sec. 18-8.05. Basis for apportionment of general State financial aid and supplemental general State aid to the common schools for the 1998-1999 and subsequent school years. (A) General Provisions. (1) The provisions of this Section apply to the 1998-1999 and subsequent school years. The system of general State financial aid provided for in this Section is designed to assure that, through a
201 [June 1, 2002] combination of State financial aid and required local resources, the financial support provided each pupil in Average Daily Attendance equals or exceeds a prescribed per pupil Foundation Level. This formula approach imputes a level of per pupil Available Local Resources and provides for the basis to calculate a per pupil level of general State financial aid that, when added to Available Local Resources, equals or exceeds the Foundation Level. The amount of per pupil general State financial aid for school districts, in general, varies in inverse relation to Available Local Resources. Per pupil amounts are based upon each school district's Average Daily Attendance as that term is defined in this Section. (2) In addition to general State financial aid, school districts with specified levels or concentrations of pupils from low income households are eligible to receive supplemental general State financial aid grants as provided pursuant to subsection (H). The supplemental State aid grants provided for school districts under subsection (H) shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. (3) To receive financial assistance under this Section, school districts are required to file claims with the State Board of Education, subject to the following requirements: (a) Any school district which fails for any given school year to maintain school as required by law, or to maintain a recognized school is not eligible to file for such school year any claim upon the Common School Fund. In case of nonrecognition of one or more attendance centers in a school district otherwise operating recognized schools, the claim of the district shall be reduced in the proportion which the Average Daily Attendance in the attendance center or centers bear to the Average Daily Attendance in the school district. A "recognized school" means any public school which meets the standards as established for recognition by the State Board of Education. A school district or attendance center not having recognition status at the end of a school term is entitled to receive State aid payments due upon a legal claim which was filed while it was recognized. (b) School district claims filed under this Section are subject to Sections 18-9, 18-10, and 18-12, except as otherwise provided in this Section. (c) If a school district operates a full year school under Section 10-19.1, the general State aid to the school district shall be determined by the State Board of Education in accordance with this Section as near as may be applicable. (d) (Blank). (4) Except as provided in subsections (H) and (L), the board of any district receiving any of the grants provided for in this Section may apply those funds to any fund so received for which that board is authorized to make expenditures by law. School districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section. (5) As used in this Section the following terms, when capitalized, shall have the meaning ascribed herein: (a) "Average Daily Attendance": A count of pupil attendance in school, averaged as provided for in subsection (C) and utilized in deriving per pupil financial support levels. (b) "Available Local Resources": A computation of local financial support, calculated on the basis of Average Daily Attendance and derived as provided pursuant to subsection (D). (c) "Corporate Personal Property Replacement Taxes": Funds paid to local school districts pursuant to "An Act in relation to the abolition of ad valorem personal property tax and the replacement of revenues lost thereby, and amending and repealing certain Acts and parts of Acts in connection therewith", certified August 14, 1979, as amended (Public Act 81-1st S.S.-1). (d) "Foundation Level": A prescribed level of per pupil financial support as provided for in subsection (B).
[June 1, 2002] 202 (e) "Operating Tax Rate": All school district property taxes extended for all purposes, except Bond and Interest, Summer School, Rent, Capital Improvement, and Vocational Education Building purposes. (B) Foundation Level. (1) The Foundation Level is a figure established by the State representing the minimum level of per pupil financial support that should be available to provide for the basic education of each pupil in Average Daily Attendance. As set forth in this Section, each school district is assumed to exert a sufficient local taxing effort such that, in combination with the aggregate of general State financial aid provided the district, an aggregate of State and local resources are available to meet the basic education needs of pupils in the district. (2) For the 1998-1999 school year, the Foundation Level of support is $4,225. For the 1999-2000 school year, the Foundation Level of support is $4,325. For the 2000-2001 school year, the Foundation Level of support is $4,425. (3) For the 2001-2002 school year and each school year thereafter, the Foundation Level of support is $4,560 or such greater amount as may be established by law by the General Assembly. (C) Average Daily Attendance. (1) For purposes of calculating general State aid pursuant to subsection (E), an Average Daily Attendance figure shall be utilized. The Average Daily Attendance figure for formula calculation purposes shall be the monthly average of the actual number of pupils in attendance of each school district, as further averaged for the best 3 months of pupil attendance for each school district. In compiling the figures for the number of pupils in attendance, school districts and the State Board of Education shall, for purposes of general State aid funding, conform attendance figures to the requirements of subsection (F). (2) The Average Daily Attendance figures utilized in subsection (E) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated or the average of the attendance data for the 3 preceding school years, whichever is greater. The Average Daily Attendance figures utilized in subsection (H) shall be the requisite attendance data for the school year immediately preceding the school year for which general State aid is being calculated. (D) Available Local Resources. (1) For purposes of calculating general State aid pursuant to subsection (E), a representation of Available Local Resources per pupil, as that term is defined and determined in this subsection, shall be utilized. Available Local Resources per pupil shall include a calculated dollar amount representing local school district revenues from local property taxes and from Corporate Personal Property Replacement Taxes, expressed on the basis of pupils in Average Daily Attendance. (2) In determining a school district's revenue from local property taxes, the State Board of Education shall utilize the equalized assessed valuation of all taxable property of each school district as of September 30 of the previous year. The equalized assessed valuation utilized shall be obtained and determined as provided in subsection (G). (3) For school districts maintaining grades kindergarten through 12, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 3.00%, and divided by the district's Average Daily Attendance figure. For school districts maintaining grades kindergarten through 8, local property tax revenues per pupil shall be calculated as the product of the applicable equalized assessed valuation for the district multiplied by 2.30%, and divided by the district's Average Daily Attendance figure. For school districts
203 [June 1, 2002] maintaining grades 9 through 12, local property tax revenues per pupil shall be the applicable equalized assessed valuation of the district multiplied by 1.05%, and divided by the district's Average Daily Attendance figure. (4) The Corporate Personal Property Replacement Taxes paid to each school district during the calendar year 2 years before the calendar year in which a school year begins, divided by the Average Daily Attendance figure for that district, shall be added to the local property tax revenues per pupil as derived by the application of the immediately preceding paragraph (3). The sum of these per pupil figures for each school district shall constitute Available Local Resources as that term is utilized in subsection (E) in the calculation of general State aid. (E) Computation of General State Aid. (1) For each school year, the amount of general State aid allotted to a school district shall be computed by the State Board of Education as provided in this subsection. (2) For any school district for which Available Local Resources per pupil is less than the product of 0.93 times the Foundation Level, general State aid for that district shall be calculated as an amount equal to the Foundation Level minus Available Local Resources, multiplied by the Average Daily Attendance of the school district. (3) For any school district for which Available Local Resources per pupil is equal to or greater than the product of 0.93 times the Foundation Level and less than the product of 1.75 times the Foundation Level, the general State aid per pupil shall be a decimal proportion of the Foundation Level derived using a linear algorithm. Under this linear algorithm, the calculated general State aid per pupil shall decline in direct linear fashion from 0.07 times the Foundation Level for a school district with Available Local Resources equal to the product of 0.93 times the Foundation Level, to 0.05 times the Foundation Level for a school district with Available Local Resources equal to the product of 1.75 times the Foundation Level. The allocation of general State aid for school districts subject to this paragraph 3 shall be the calculated general State aid per pupil figure multiplied by the Average Daily Attendance of the school district. (4) For any school district for which Available Local Resources per pupil equals or exceeds the product of 1.75 times the Foundation Level, the general State aid for the school district shall be calculated as the product of $218 multiplied by the Average Daily Attendance of the school district. (5) The amount of general State aid allocated to a school district for the 1999-2000 school year meeting the requirements set forth in paragraph (4) of subsection (G) shall be increased by an amount equal to the general State aid that would have been received by the district for the 1998-1999 school year by utilizing the Extension Limitation Equalized Assessed Valuation as calculated in paragraph (4) of subsection (G) less the general State aid allotted for the 1998-1999 school year. This amount shall be deemed a one time increase, and shall not affect any future general State aid allocations. (F) Compilation of Average Daily Attendance. (1) Each school district shall, by July 1 of each year, submit to the State Board of Education, on forms prescribed by the State Board of Education, attendance figures for the school year that began in the preceding calendar year. The attendance information so transmitted shall identify the average daily attendance figures for each month of the school year, except that any days of attendance in August shall be added to the month of September and any days of attendance in June shall be added to the month of May. Except as otherwise provided in this Section, days of attendance by pupils shall be counted only for sessions of not less than 5 clock hours of school work per day under direct supervision of: (i) teachers, or (ii) non-teaching personnel or volunteer personnel when engaging in non-teaching duties and supervising in those instances specified in
[June 1, 2002] 204 subsection (a) of Section 10-22.34 and paragraph 10 of Section 34-18, with pupils of legal school age and in kindergarten and grades 1 through 12. Days of attendance by tuition pupils shall be accredited only to the districts that pay the tuition to a recognized school. (2) Days of attendance by pupils of less than 5 clock hours of school shall be subject to the following provisions in the compilation of Average Daily Attendance. (a) Pupils regularly enrolled in a public school for only a part of the school day may be counted on the basis of 1/6 day for every class hour of instruction of 40 minutes or more attended pursuant to such enrollment, unless a pupil is enrolled in a block-schedule format of 80 minutes or more of instruction, in which case the pupil may be counted on the basis of the proportion of minutes of school work completed each day to the minimum number of minutes that school work is required to be held that day. (b) Days of attendance may be less than 5 clock hours on the opening and closing of the school term, and upon the first day of pupil attendance, if preceded by a day or days utilized as an institute or teachers' workshop. (c) A session of 4 or more clock hours may be counted as a day of attendance upon certification by the regional superintendent, and approved by the State Superintendent of Education to the extent that the district has been forced to use daily multiple sessions. (d) A session of 3 or more clock hours may be counted as a day of attendance (1) when the remainder of the school day or at least 2 hours in the evening of that day is utilized for an in-service training program for teachers, up to a maximum of 5 days per school year of which a maximum of 4 days of such 5 days may be used for parent-teacher conferences, provided a district conducts an in-service training program for teachers which has been approved by the State Superintendent of Education; or, in lieu of 4 such days, 2 full days may be used, in which event each such day may be counted as a day of attendance; and (2) when days in addition to those provided in item (1) are scheduled by a school pursuant to its school improvement plan adopted under Article 34 or its revised or amended school improvement plan adopted under Article 2, provided that (i) such sessions of 3 or more clock hours are scheduled to occur at regular intervals, (ii) the remainder of the school days in which such sessions occur are utilized for in-service training programs or other staff development activities for teachers, and (iii) a sufficient number of minutes of school work under the direct supervision of teachers are added to the school days between such regularly scheduled sessions to accumulate not less than the number of minutes by which such sessions of 3 or more clock hours fall short of 5 clock hours. Any full days used for the purposes of this paragraph shall not be considered for computing average daily attendance. Days scheduled for in-service training programs, staff development activities, or parent-teacher conferences may be scheduled separately for different grade levels and different attendance centers of the district. (e) A session of not less than one clock hour of teaching hospitalized or homebound pupils on-site or by telephone to the classroom may be counted as 1/2 day of attendance, however these pupils must receive 4 or more clock hours of instruction to be counted for a full day of attendance. (f) A session of at least 4 clock hours may be counted as a day of attendance for first grade pupils, and pupils in full day kindergartens, and a session of 2 or more hours may be counted as 1/2 day of attendance by pupils in kindergartens which provide only 1/2 day of attendance. (g) For children with disabilities who are below the age of 6 years and who cannot attend 2 or more clock hours because of their disability or immaturity, a session of not less than one clock hour may be counted as 1/2 day of attendance; however for such children
205 [June 1, 2002] whose educational needs so require a session of 4 or more clock hours may be counted as a full day of attendance. (h) A recognized kindergarten which provides for only 1/2 day of attendance by each pupil shall not have more than 1/2 day of attendance counted in any one day. However, kindergartens may count 2 1/2 days of attendance in any 5 consecutive school days. When a pupil attends such a kindergarten for 2 half days on any one school day, the pupil shall have the following day as a day absent from school, unless the school district obtains permission in writing from the State Superintendent of Education. Attendance at kindergartens which provide for a full day of attendance by each pupil shall be counted the same as attendance by first grade pupils. Only the first year of attendance in one kindergarten shall be counted, except in case of children who entered the kindergarten in their fifth year whose educational development requires a second year of kindergarten as determined under the rules and regulations of the State Board of Education. (G) Equalized Assessed Valuation Data. (1) For purposes of the calculation of Available Local Resources required pursuant to subsection (D), the State Board of Education shall secure from the Department of Revenue the value as equalized or assessed by the Department of Revenue of all taxable property of every school district, together with (i) the applicable tax rate used in extending taxes for the funds of the district as of September 30 of the previous year and (ii) the limiting rate for all school districts subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law. This equalized assessed valuation, as adjusted further by the requirements of this subsection, shall be utilized in the calculation of Available Local Resources. (2) The equalized assessed valuation in paragraph (1) shall be adjusted, as applicable, in the following manner: (a) For the purposes of calculating State aid under this Section, with respect to any part of a school district within a redevelopment project area in respect to which a municipality has adopted tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 of the Illinois Municipal Code or the Industrial Jobs Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code, no part of the current equalized assessed valuation of real property located in any such project area which is attributable to an increase above the total initial equalized assessed valuation of such property shall be used as part of the equalized assessed valuation of the district, until such time as all redevelopment project costs have been paid, as provided in Section 11-74.4-8 of the Tax Increment Allocation Redevelopment Act or in Section 11-74.6-35 of the Industrial Jobs Recovery Law. For the purpose of the equalized assessed valuation of the district, the total initial equalized assessed valuation or the current equalized assessed valuation, whichever is lower, shall be used until such time as all redevelopment project costs have been paid. (b) The real property equalized assessed valuation for a school district shall be adjusted by subtracting from the real property value as equalized or assessed by the Department of Revenue for the district an amount computed by dividing the amount of any abatement of taxes under Section 18-170 of the Property Tax Code by 3.00% for a district maintaining grades kindergarten through 12, by 2.30% for a district maintaining grades kindergarten through 8, or by 1.05% for a district maintaining grades 9 through 12 and adjusted by an amount computed by dividing the amount of any abatement of taxes under subsection (a) of Section 18-165 of the Property Tax Code by the same percentage rates for district type as specified in this subparagraph (b). (3) For the 1999-2000 school year and each school year thereafter, if a school district meets all of the criteria of this subsection
[June 1, 2002] 206 (G)(3), the school district's Available Local Resources shall be calculated under subsection (D) using the district's Extension Limitation Equalized Assessed Valuation as calculated under this subsection (G)(3). For purposes of this subsection (G)(3) the following terms shall have the following meanings: "Budget Year": The school year for which general State aid is calculated and awarded under subsection (E). "Base Tax Year": The property tax levy year used to calculate the Budget Year allocation of general State aid. "Preceding Tax Year": The property tax levy year immediately preceding the Base Tax Year. "Base Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Base Tax Year multiplied by the limiting rate as calculated by the County Clerk and defined in the Property Tax Extension Limitation Law. "Preceding Tax Year's Tax Extension": The product of the equalized assessed valuation utilized by the County Clerk in the Preceding Tax Year multiplied by the Operating Tax Rate as defined in subsection (A). "Extension Limitation Ratio": A numerical ratio, certified by the County Clerk, in which the numerator is the Base Tax Year's Tax Extension and the denominator is the Preceding Tax Year's Tax Extension. "Operating Tax Rate": The operating tax rate as defined in subsection (A). If a school district is subject to property tax extension limitations as imposed under the Property Tax Extension Limitation Law, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation of that district. For the 1999-2000 school year, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the district's 1996 Equalized Assessed Valuation and the district's Extension Limitation Ratio. For the 2000-2001 school year and each school year thereafter, the Extension Limitation Equalized Assessed Valuation of a school district as calculated by the State Board of Education shall be equal to the product of the Equalized Assessed Valuation last used in the calculation of general State aid and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of a school district as calculated under this subsection (G)(3) is less than the district's equalized assessed valuation as calculated pursuant to subsections (G)(1) and (G)(2), then for purposes of calculating the district's general State aid for the Budget Year pursuant to subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources under subsection (D). (4) For the purposes of calculating general State aid for the 1999-2000 school year only, if a school district experienced a triennial reassessment on the equalized assessed valuation used in calculating its general State financial aid apportionment for the 1998-1999 school year, the State Board of Education shall calculate the Extension Limitation Equalized Assessed Valuation that would have been used to calculate the district's 1998-1999 general State aid. This amount shall equal the product of the equalized assessed valuation used to calculate general State aid for the 1997-1998 school year and the district's Extension Limitation Ratio. If the Extension Limitation Equalized Assessed Valuation of the school district as calculated under this paragraph (4) is less than the district's equalized assessed valuation utilized in calculating the district's 1998-1999 general State aid allocation, then for purposes of calculating the district's general State aid pursuant to paragraph (5) of subsection (E), that Extension Limitation Equalized Assessed Valuation shall be utilized to calculate the district's Available Local Resources. (5) For school districts having a majority of their equalized assessed valuation in any county except Cook, DuPage, Kane, Lake,
207 [June 1, 2002] McHenry, or Will, if the amount of general State aid allocated to the school district for the 1999-2000 school year under the provisions of subsection (E), (H), and (J) of this Section is less than the amount of general State aid allocated to the district for the 1998-1999 school year under these subsections, then the general State aid of the district for the 1999-2000 school year only shall be increased by the difference between these amounts. The total payments made under this paragraph (5) shall not exceed $14,000,000. Claims shall be prorated if they exceed $14,000,000. (H) Supplemental General State Aid. (1) In addition to the general State aid a school district is allotted pursuant to subsection (E), qualifying school districts shall receive a grant, paid in conjunction with a district's payments of general State aid, for supplemental general State aid based upon the concentration level of children from low-income households within the school district. Supplemental State aid grants provided for school districts under this subsection shall be appropriated for distribution to school districts as part of the same line item in which the general State financial aid of school districts is appropriated under this Section. For purposes of this subsection, the term "Low-Income Concentration Level" shall be the low-income eligible pupil count from the most recently available federal census divided by the Average Daily Attendance of the school district. If, however, (i) the percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count of a high school district with fewer than 400 students exceeds by 75% or more the percentage change in the total low-income eligible pupil count of contiguous elementary school districts, whose boundaries are coterminous with the high school district, or (ii) a high school district within 2 counties and serving 5 elementary school districts, whose boundaries are coterminous with the high school district, has a percentage decrease from the 2 most recent federal censuses in the low-income eligible pupil count and there is a percentage increase in the total low-income eligible pupil count of a majority of the elementary school districts in excess of 50% from the 2 most recent federal censuses, then the high school district's low-income eligible pupil count from the earlier federal census shall be the number used as the low-income eligible pupil count for the high school district, for purposes of this subsection (H). The changes made to this paragraph (1) by Public Act 92-28
[June 1, 2002] 208 Level of 60% or more, the grant for the 1998-99 school year shall be $1,900 multiplied by the low income eligible pupil count. (e) For the 1999-2000 school year, the per pupil amount specified in subparagraphs (b), (c), and (d) immediately above shall be increased to $1,243, $1,600, and $2,000, respectively. (f) For the 2000-2001 school year, the per pupil amounts specified in subparagraphs (b), (c), and (d) immediately above shall be $1,273, $1,640, and $2,050, respectively. (2.5) Supplemental general State aid pursuant to this subsection (H) shall be provided as follows for the 2002-2003
209 [June 1, 2002] categorical funds provided by the school district to the attendance centers. (d) Any funds made available under this subsection that by reason of the provisions of this subsection are not required to be allocated and provided to attendance centers may be used and appropriated by the board of the district for any lawful school purpose. (e) Funds received by an attendance center pursuant to this subsection shall be used by the attendance center at the discretion of the principal and local school council for programs to improve educational opportunities at qualifying schools through the following programs and services: early childhood education, reduced class size or improved adult to student classroom ratio, enrichment programs, remedial assistance, attendance improvement, and other educationally beneficial expenditures which supplement the regular and basic programs as determined by the State Board of Education. Funds provided shall not be expended for any political or lobbying purposes as defined by board rule. (f) Each district subject to the provisions of this subdivision (H)(4) shall submit an acceptable plan to meet the educational needs of disadvantaged children, in compliance with the requirements of this paragraph, to the State Board of Education prior to July 15 of each year. This plan shall be consistent with the decisions of local school councils concerning the school expenditure plans developed in accordance with part 4 of Section 34-2.3. The State Board shall approve or reject the plan within 60 days after its submission. If the plan is rejected, the district shall give written notice of intent to modify the plan within 15 days of the notification of rejection and then submit a modified plan within 30 days after the date of the written notice of intent to modify. Districts may amend approved plans pursuant to rules promulgated by the State Board of Education. Upon notification by the State Board of Education that the district has not submitted a plan prior to July 15 or a modified plan within the time period specified herein, the State aid funds affected by that plan or modified plan shall be withheld by the State Board of Education until a plan or modified plan is submitted. If the district fails to distribute State aid to attendance centers in accordance with an approved plan, the plan for the following year shall allocate funds, in addition to the funds otherwise required by this subsection, to those attendance centers which were underfunded during the previous year in amounts equal to such underfunding. For purposes of determining compliance with this subsection in relation to the requirements of attendance center funding, each district subject to the provisions of this subsection shall submit as a separate document by December 1 of each year a report of expenditure data for the prior year in addition to any modification of its current plan. If it is determined that there has been a failure to comply with the expenditure provisions of this subsection regarding contravention or supplanting, the State Superintendent of Education shall, within 60 days of receipt of the report, notify the district and any affected local school council. The district shall within 45 days of receipt of that notification inform the State Superintendent of Education of the remedial or corrective action to be taken, whether by amendment of the current plan, if feasible, or by adjustment in the plan for the following year. Failure to provide the expenditure report or the notification of remedial or corrective action in a timely manner shall result in a withholding of the affected funds. The State Board of Education shall promulgate rules and regulations to implement the provisions of this subsection. No funds shall be released under this subdivision (H)(4) to any district that has not submitted a plan that has been approved by the State Board of Education.
[June 1, 2002] 210 (I) General State Aid for Newly Configured School Districts. (1) For a new school district formed by combining property included totally within 2 or more previously existing school districts, for its first year of existence the general State aid and supplemental general State aid calculated under this Section shall be computed for the new district and for the previously existing districts for which property is totally included within the new district. If the computation on the basis of the previously existing districts is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the new district. (2) For a school district which annexes all of the territory of one or more entire other school districts, for the first year during which the change of boundaries attributable to such annexation becomes effective for all purposes as determined under Section 7-9 or 7A-8, the general State aid and supplemental general State aid calculated under this Section shall be computed for the annexing district as constituted after the annexation and for the annexing and each annexed district as constituted prior to the annexation; and if the computation on the basis of the annexing and annexed districts as constituted prior to the annexation is greater, a supplementary payment equal to the difference shall be made for the first 4 years of existence of the annexing school district as constituted upon such annexation. (3) For 2 or more school districts which annex all of the territory of one or more entire other school districts, and for 2 or more community unit districts which result upon the division (pursuant to petition under Section 11A-2) of one or more other unit school districts into 2 or more parts and which together include all of the parts into which such other unit school district or districts are so divided, for the first year during which the change of boundaries attributable to such annexation or division becomes effective for all purposes as determined under Section 7-9 or 11A-10, as the case may be, the general State aid and supplemental general State aid calculated under this Section shall be computed for each annexing or resulting district as constituted after the annexation or division and for each annexing and annexed district, or for each resulting and divided district, as constituted prior to the annexation or division; and if the aggregate of the general State aid and supplemental general State aid as so computed for the annexing or resulting districts as constituted after the annexation or division is less than the aggregate of the general State aid and supplemental general State aid as so computed for the annexing and annexed districts, or for the resulting and divided districts, as constituted prior to the annexation or division, then a supplementary payment equal to the difference shall be made and allocated between or among the annexing or resulting districts, as constituted upon such annexation or division, for the first 4 years of their existence. The total difference payment shall be allocated between or among the annexing or resulting districts in the same ratio as the pupil enrollment from that portion of the annexed or divided district or districts which is annexed to or included in each such annexing or resulting district bears to the total pupil enrollment from the entire annexed or divided district or districts, as such pupil enrollment is determined for the school year last ending prior to the date when the change of boundaries attributable to the annexation or division becomes effective for all purposes. The amount of the total difference payment and the amount thereof to be allocated to the annexing or resulting districts shall be computed by the State Board of Education on the basis of pupil enrollment and other data which shall be certified to the State Board of Education, on forms which it shall provide for that purpose, by the regional superintendent of schools for each educational service region in which the annexing and annexed districts, or resulting and divided districts are located. (3.5) Claims for financial assistance under this subsection (I) shall not be recomputed except as expressly provided under this Section. (4) Any supplementary payment made under this subsection (I) shall be treated as separate from all other payments made pursuant to this
211 [June 1, 2002] Section. (J) Supplementary Grants in Aid. (1) Notwithstanding any other provisions of this Section, the amount of the aggregate general State aid in combination with supplemental general State aid under this Section for which each school district is eligible shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school year, pursuant to the provisions of that Section as it was then in effect. If a school district qualifies to receive a supplementary payment made under this subsection (J), the amount of the aggregate general State aid in combination with supplemental general State aid under this Section which that district is eligible to receive for each school year shall be no less than the amount of the aggregate general State aid entitlement that was received by the district under Section 18-8 (exclusive of amounts received under subsections 5(p) and 5(p-5) of that Section) for the 1997-1998 school year, pursuant to the provisions of that Section as it was then in effect. (2) If, as provided in paragraph (1) of this subsection (J), a school district is to receive aggregate general State aid in combination with supplemental general State aid under this Section for the 1998-99 school year and any subsequent school year that in any such school year is less than the amount of the aggregate general State aid entitlement that the district received for the 1997-98 school year, the school district shall also receive, from a separate appropriation made for purposes of this subsection (J), a supplementary payment that is equal to the amount of the difference in the aggregate State aid figures as described in paragraph (1). (3) (Blank). (K) Grants to Laboratory and Alternative Schools. In calculating the amount to be paid to the governing board of a public university that operates a laboratory school under this Section or to any alternative school that is operated by a regional superintendent of schools, the State Board of Education shall require by rule such reporting requirements as it deems necessary. As used in this Section, "laboratory school" means a public school which is created and operated by a public university and approved by the State Board of Education. The governing board of a public university which receives funds from the State Board under this subsection (K) may not increase the number of students enrolled in its laboratory school from a single district, if that district is already sending 50 or more students, except under a mutual agreement between the school board of a student's district of residence and the university which operates the laboratory school. A laboratory school may not have more than 1,000 students, excluding students with disabilities in a special education program. As used in this Section, "alternative school" means a public school which is created and operated by a Regional Superintendent of Schools and approved by the State Board of Education. Such alternative schools may offer courses of instruction for which credit is given in regular school programs, courses to prepare students for the high school equivalency testing program or vocational and occupational training. A regional superintendent of schools may contract with a school district or a public community college district to operate an alternative school. An alternative school serving more than one educational service region may be established by the regional superintendents of schools of the affected educational service regions. An alternative school serving more than one educational service region may be operated under such terms as the regional superintendents of schools of those educational service regions may agree. Each laboratory and alternative school shall file, on forms provided by the State Superintendent of Education, an annual State aid claim which states the Average Daily Attendance of the school's
[June 1, 2002] 212 students by month. The best 3 months' Average Daily Attendance shall be computed for each school. The general State aid entitlement shall be computed by multiplying the applicable Average Daily Attendance by the Foundation Level as determined under this Section. (L) Payments, Additional Grants in Aid and Other Requirements. (1) For a school district operating under the financial supervision of an Authority created under Article 34A, the general State aid otherwise payable to that district under this Section, but not the supplemental general State aid, shall be reduced by an amount equal to the budget for the operations of the Authority as certified by the Authority to the State Board of Education, and an amount equal to such reduction shall be paid to the Authority created for such district for its operating expenses in the manner provided in Section 18-11. The remainder of general State school aid for any such district shall be paid in accordance with Article 34A when that Article provides for a disposition other than that provided by this Article. (2) (Blank). (3) Summer school. Summer school payments shall be made as provided in Section 18-4.3. (M) Education Funding Advisory Board. The Education Funding Advisory Board, hereinafter in this subsection (M) referred to as the "Board", is hereby created. The Board shall consist of 5 members who are appointed by the Governor, by and with the advice and consent of the Senate. The members appointed shall include representatives of education, business, and the general public. One of the members so appointed shall be designated by the Governor at the time the appointment is made as the chairperson of the Board. The initial members of the Board may be appointed any time after the effective date of this amendatory Act of 1997. The regular term of each member of the Board shall be for 4 years from the third Monday of January of the year in which the term of the member's appointment is to commence, except that of the 5 initial members appointed to serve on the Board, the member who is appointed as the chairperson shall serve for a term that commences on the date of his or her appointment and expires on the third Monday of January, 2002, and the remaining 4 members, by lots drawn at the first meeting of the Board that is held after all 5 members are appointed, shall determine 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2001, and 2 of their number to serve for terms that commence on the date of their respective appointments and expire on the third Monday of January, 2000. All members appointed to serve on the Board shall serve until their respective successors are appointed and confirmed. Vacancies shall be filled in the same manner as original appointments. If a vacancy in membership occurs at a time when the Senate is not in session, the Governor shall make a temporary appointment until the next meeting of the Senate, when he or she shall appoint, by and with the advice and consent of the Senate, a person to fill that membership for the unexpired term. If the Senate is not in session when the initial appointments are made, those appointments shall be made as in the case of vacancies. The Education Funding Advisory Board shall be deemed established, and the initial members appointed by the Governor to serve as members of the Board shall take office, on the date that the Governor makes his or her appointment of the fifth initial member of the Board, whether those initial members are then serving pursuant to appointment and confirmation or pursuant to temporary appointments that are made by the Governor as in the case of vacancies. The State Board of Education shall provide such staff assistance to the Education Funding Advisory Board as is reasonably required for the proper performance by the Board of its responsibilities. For school years after the 2000-2001 school year, the Education Funding Advisory Board, in consultation with the State Board of Education, shall make recommendations as provided in this subsection
213 [June 1, 2002] (M) to the General Assembly for the foundation level under subdivision (B)(3) of this Section and for the supplemental general State aid grant level under subsection (H) of this Section for districts with high concentrations of children from poverty. The recommended foundation level shall be determined based on a methodology which incorporates the basic education expenditures of low-spending schools exhibiting high academic performance. The Education Funding Advisory Board shall make such recommendations to the General Assembly on January 1 of odd numbered years, beginning January 1, 2001. (N) (Blank). (O) References. (1) References in other laws to the various subdivisions of Section 18-8 as that Section existed before its repeal and replacement by this Section 18-8.05 shall be deemed to refer to the corresponding provisions of this Section 18-8.05, to the extent that those references remain applicable. (2) References in other laws to State Chapter 1 funds shall be deemed to refer to the supplemental general State aid provided under subsection (H) of this Section. (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 8-7-01; revised 8-7-01.)". Submitted on June 1, 2002. s/Sen. Dan Cronin s/Rep. William Delgado s/Sen. Frank P. Watson s/Rep. Barbara Flynn Currie s/Sen. Bradley Burzynski s/Rep. Calvin L. Giles s/Sen. Lisa Madigan s/Rep. Art Tenhouse s/Sen. Vince Demuzio Rep. Mary Lou Cowlishaw Committee for the Senate Committee for the House 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 6293. Introduced by Representative Boland, a bill for AN ACT in relation to elections. AGREED RESOLUTION The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 1003 Offered by Representative Mendoza: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Clarisol Avila and Omar Duque, who will be united in marriage on June 22, 2002, in Chicago; and WHEREAS, Clarisol Avila was born October 10, 1976, and Omar Duque was born March 12, 1976; they met 10 years ago at a NALEO Leadership Program and have continued to be the best of friends; and WHEREAS, Clarisol and Omar began dating 3 1/2 years ago and were engaged in February 2001; Clarisol surprised Omar with a birthday trip to London in February 2001; on that same trip, Omar surprised Clarisol with a marriage proposal on the banks of the Seine River across from the Notre Dame Cathedral in Paris; and WHEREAS, Clarisol and Omar enjoy jogging, dancing, volunteering their efforts towards public service, and eating at one of their
[June 1, 2002] 214 favorite restaurants, A Little Bit of Everything; they also enjoy spending time with their friends; and WHEREAS, Clarisol and Omar shared a trip to Great America where Clarisol "faced her fears" and Omar "faced the camera"; and WHEREAS, Clarisol works for U.S. Senator Richard Durbin and Omar works for the Mexican-American Chamber of Commerce (MACC), both working on behalf of the residents of the State of Illinois; and WHEREAS, Clarisol and Omar, accompanied by their parents, Roman and Teresa Avila and Elizabeth Duque, will be joined in holy matrimony by Father Ezequiel Sanchez at Holy Trinity Croatian Roman Catholic Church in Chicago; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Clarisol Avila and Omar Duque on their union and wish them all the best in the years to come; may the best of their past be the worst of their future life together; and be it further RESOLVED, That a suitable copy of this resolution be presented to the new Mr. and Mrs. Duque as an expression of our esteem. HOUSE RESOLUTION 1004 Offered by Representative Osterman: WHEREAS, The members of the Illinois House of Representatives wish to extend our sincere condolences to the family and friends of Beatrice K. Pounian, who passed away on May 16, 2002; and WHEREAS, Beatrice K. Pounian was an activist and fundraiser for the McCormick Boys and Girls Club in Uptown for more than 30 years who also worked as a music producer in Chicago television; and WHEREAS, Born on Chicago's Northwest Side, Mrs. Pounian graduated from Steinmetz High School in the 1940s and took a job in the music library at NBC; soon she became a music producer for such Chicago programs as "Garroway at Large", "Kukla, Fran and Ollie", and shows starring her lifelong friend, Studs Terkel; and WHEREAS, In 1950 Beatrice married Charles "Arch" Pounian, who was city personnel director under four Chicago mayors, beginning with Mayor Richard J. Daley in 1960; and WHEREAS, From almost the day she moved to Uptown in the late 1950s, Mrs. Pounian worked with the local Boys and Girls Club as a way to make a difference in her community and give local children access to the arts; and WHEREAS, Mrs. Pounian was president of the club's Women's Auxiliary for 25 years and was on its board of directors; she started neighborhood dental and eye-care clinics for children and set up college scholarships; for 30 years, she also organized the annual fashion show, a major club fundraiser; and WHEREAS, The passing of Beatrice K. Pounian will be deeply felt by all who knew and loved her, especially her husband, Charles "Arch" Pounian; her daughter, Lynn (Larz) Anderson; her son, Steven Pounian; and her sisters, Theresa (Harry) Kelch and Veronica (Eric) Errichson; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Beatrice K. Pounian of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Beatrice K. Pounian with our sincere condolences. HOUSE RESOLUTION 1005 Offered by Representative Mitchell: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate 1st Christian Church in Clinton on the celebration of its 150th anniversary on June 9, 2002; and WHEREAS, 1st Christian Church was established in 1852 and currently has 1593 members; a new sanctuary and classroom were added and completed in 1997 with plans to start a 4th addition to the church in
215 [June 1, 2002] 2003; and WHEREAS, 1st Christian Church has 2 services every Sunday with 4 ministers on staff, including the Youth Minister, Scott DeWitt; the Children's Minister, Ernie Harvey; The Associate Pastor, Ralf Swarthout; and the Senior Minister for 18 years, J. Kent Hickerson; and WHEREAS, 1st Christian Church is very active in community outreach, supporting such programs as Habitat for Humanity, the Young at Heart Program on the 1st and 3rd Wednesday which includes church members and people from other denominations, Outreach programs for children from October through April, and Mission work that raised $126,000 to missions in the U.S. and foreign countries; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate 1st Christian Church in Clinton on the celebration of its 150th anniversary and wish it all the best in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to J. Kent Hickerson, Senior Minister of 1st Christian Church, as an expression of our esteem. HOUSE RESOLUTION 1006 Offered by Representative Mendoza: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate Lieutenant Peter F. Dignan of the Chicago Police Department on his retirement after 33 years of service; and WHEREAS, Lieutenant Dignan was born November 29, 1946; he and his wife, Cheryl Lynn, have 4 children, Mary, Andrew, Allison, and Peter; and WHEREAS, Lieutenant Dignan was a member of the United States Marine Corps and began his highly decorated career with the Chicago Police Department on March 31, 1969; and WHEREAS, Throughout his career, Lieutenant Dignan has earned numerous awards, including 4 Department Commendations, a Superintendent Award of Valor, a Police Blue Star, 2 Unit Meritorious Awards, a Blue Shield Award, 111 honorable mentions, and 22 complimentary letters; and WHEREAS, Lieutenant Dignan will retire on June 16, 2002; he has been a valuable asset to the Chicago Police Department and will be greatly missed, especially by the brave men and women currently serving and protecting with him from the 21st Police District; and WHEREAS, Lieutenant Dignan's 3rd Watch Officers from the 21st Police District will greatly miss an irreplaceable boss; their unwavering respect and admiration will continue for the man they know as "The Working Police"; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we thank Lieutenant Peter F. Dignan for his commitment to honorably serve and protect the citizens of the city of Chicago and congratulate him on his retirement, wishing him all the best in his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Lieutenant Peter F. Dignan as an expression of our esteem and respect. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendars numbered 1 and 2 were distributed to the Members at 2:44 o'clock p.m. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 2:53 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS
[June 1, 2002] 216 Senate Amendment No. 1 to HOUSE BILL 2671, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 113, Yeas; 1, Nays; 2, Answering Present. (ROLL CALL 2) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2671, by a three-fifths vote. Ordered that the Clerk inform the Senate. Senate Amendment No. 2 to HOUSE BILL 1276, having been printed, was taken up for consideration. Representative Daniels moved that the House concur with the Senate in the adoption of Senate Amendment No. 2. And on that motion, a vote was taken resulting as follows: 91, Yeas; 25, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 2 to HOUSE BILL 1276, by a three-fifths vote. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 5375, submitted to the House previously, was taken up for consideration. Representative Bost moved the First Conference Committee Report be adopted. A three-fifths vote is required. And on the motion, a vote was taken resulting as follows: 96, Yeas; 17, Nays; 0, Answering Present. (ROLL CALL 4) The motion prevailed and the First Conference Committee Report was adopted by a three-fifths vote. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 2289. Having been printed, was taken up and read by title a second time. Committee Amendment No. 1 lost in the Committee on Executive. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 2 TO SENATE BILL 2289 AMENDMENT NO. 2. Amend Senate Bill 2289 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the FY2003 Budget Implementation (Gaming) Act. Section 5. Purpose. It is the purpose of this Act to make the changes in State programs relating to gaming that are necessary to implement the State's FY2003 budget. Section 10. The Riverboat Gambling Act is amended by adding Sections 11.3, 11.4, and 13.2 and changing Sections 4, 7, and 13 as follows: (230 ILCS 10/4) (from Ch. 120, par. 2404) Sec. 4. Definitions. As used in this Act: (a) "Board" means the Illinois Gaming Board. (b) "Occupational license" means a license issued by the Board to
217 [June 1, 2002] a person or entity to perform an occupation which the Board has identified as requiring a license to engage in riverboat gambling in Illinois. (c) "Gambling game" includes, but is not limited to, baccarat, twenty-one, poker, craps, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or pull tab which is authorized by the Board as a wagering device under this Act. (d) "Riverboat" means a self-propelled excursion boat,
[June 1, 2002] 218 the State from the conduct of riverboat gambling; (4) the good faith affirmative action plan of each applicant to recruit, train and upgrade minorities in all employment classifications; (5) the financial ability of the applicant to purchase and maintain adequate liability and casualty insurance; (6) whether the applicant has adequate capitalization to provide and maintain, for the duration of a license, a riverboat; and (7) the extent to which the applicant exceeds or meets other standards for the issuance of an owners license which the Board may adopt by rule. (c) Each owners license shall specify the place where riverboats shall operate and dock. (d) Each applicant shall submit with his application, on forms provided by the Board, 2 sets of his fingerprints. (e) The Board shall
219 [June 1, 2002] of the 3 years during which they are authorized to own riverboats. (g) Upon the termination, expiration, or revocation of each of the first 10 licenses, which shall be issued for a 3 year period, all licenses are renewable annually upon payment of the fee and a determination by the Board that the licensee continues to meet all of the requirements of this Act and the Board's rules. However, for licenses renewed on or after May 1, 1998, renewal shall be for a period of 4 years, unless the Board sets a shorter period. (h) An owners license shall entitle the licensee to own up to 2 riverboats. A licensee shall limit the number of gambling participants to 1,200 for any such owners license. A licensee may operate both of its riverboats concurrently, provided that the total number of gambling participants on both riverboats does not exceed 1,200. Riverboats licensed to operate on the Mississippi River and the Illinois River south of Marshall County shall have an authorized capacity of at least 500 persons. Any other riverboat licensed under this Act shall have an authorized capacity of at least 400 persons. (i) A licensed owner is authorized to apply to the Board for and, if approved therefor, to receive all licenses from the Board necessary for the operation of a riverboat, including a liquor license, a license to prepare and serve food for human consumption, and other necessary licenses. All use, occupation and excise taxes which apply to the sale of food and beverages in this State and all taxes imposed on the sale or use of tangible personal property apply to such sales aboard the riverboat. (j) The Board may issue a license authorizing a riverboat to dock in a municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality. The Board may issue a license authorizing a riverboat to dock in areas of a county outside any municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the county has by a majority vote approved of the docking of riverboats within such areas. (Source: P.A. 91-40, eff. 6-25-99.) (230 ILCS 10/11.3 new) Sec. 11.3. Unused gaming positions of a dormant license. The Board shall reallocate unused gaming positions as provided in this Section within 30 days of the effective date of this amendatory Act of the 92nd General Assembly. The reallocation of gaming positions authorized by this Section shall be made by the Board prior to the reallocation of gaming positions under Section 11.4. The gaming positions authorized by a dormant license shall be divided equally among all eligible licensees and may be used by those eligible licensees as part of their riverboat gambling operations. If an eligible licensee does not elect to obtain some or all of the additional gaming positions authorized to it under this Section, all other eligible licensees may divide those positions equally. As soon as an owners licensee begins conducting riverboat gambling operations authorized by a dormant license, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, eligible licensees using gaming positions authorized pursuant to this Section shall no longer use those gaming positions. For the purposes of this Section 11.3, the term "eligible licensee" means an owners licensee that was in the top 4 in adjusted gross receipts in calendar year 2001 as determined by the Board and the term "dormant license" means an owners license that is authorized by this Act under which no riverboat gambling operations are being conducted on the effective date of this amendatory Act of the 92nd General Assembly. (230 ILCS 10/11.4 new) Sec. 11.4. Rock Island licensee's unused gaming positions. The Board shall reallocate unused gaming positions as provided in this Section within 30 days after all of the gaming positions subject to reallocation under Section 11.3 have been reallocated. Four hundred gaming positions of an owners licensee that conducts riverboat gambling
[June 1, 2002] 220 operations from a home dock in Rock Island County shall be divided equally among all eligible licensees and may be used by those eligible licensees as part of the riverboat gambling operations. If an eligible owners licensee does not elect to obtain some or all of the additional gaming positions authorized to it under this Section, all other eligible licensees may divide those positions equally. Eligible licensees that receive additional gaming positions pursuant to this Section may use those positions for a period of at least one year. As soon as the one-year period is over or as soon as an owners licensee whose gaming positions have been reallocated pursuant to this Section begins conducting riverboat gambling operations from a home dock location that is different from the home dock location from which it conducted riverboat gambling operations on the effective date of this amendatory Act of the 92nd General Assembly, whichever is later, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, those reallocated gaming positions shall be automatically reclaimed by the owners licensee that was originally entitled to them. At any time after the one-year period is over, if an owners licensee whose gaming positions were reallocated under this Section has not relocated its riverboat gambling operations to a new home dock location, it may reclaim some or all of those gaming positions by notifying all eligible licensees in writing. If a licensee reclaims less than all of its reallocated gaming positions, all eligible licensees that received those positions shall return them on a pro rata basis. If a licensee reclaims some but less than all of its gaming positions, it may later reclaim any portion of the remainder of those positions. An eligible licensee that receives a reallocation of gaming positions under this Section shall no longer use those positions after they have been reclaimed. For purposes of this Section 11.4, the term "eligible licensee" means an owners license that was in the top 4 in adjusted gross receipts in calendar year 2001 as determined by the Board. (230 ILCS 10/13.2 new) Sec. 13.2. Supplemental wagering tax. (a) Beginning on July 1, 2002 and ending as provided in subsection (d) but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, a privilege tax is imposed on persons engaged in the business of conducting riverboat gambling operations, based on the adjusted gross receipts received by a licensed owner from gambling games authorized under this Act, at the rate of 10% of annual adjusted gross receipts in excess of $200,000,000. For the purpose of determining annual adjusted gross receipts in calendar year 2002, annual adjusted gross receipts shall be measured beginning January 1, 2002. In a subsequent year, annual adjusted gross receipts shall be measured beginning on January 1 of that year. The tax imposed pursuant to this Section is in addition to any other tax imposed pursuant to this Act. (b) The taxes imposed by this Section shall be paid by the licensed owner to the Board no later than 3:00 o'clock p.m. of the day after the day when the wagers were made. The Board shall pay all moneys received pursuant to this Section into the Education Assistance Fund at least monthly. (c) To the extent practicable, the Board shall administer and collect the wagering taxes imposed by this Section in a manner consistent with the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act. (d) The provisions of this Section shall be inoperative and of no force and effect beginning on the first date after the effective date of this amendatory Act that riverboat gambling operations are conducted pursuant to a dormant license, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General
221 [June 1, 2002] Assembly. (e) For the purposes of this Section 13.2, the term "dormant license" means an owners license that is authorized by this Act under which no riverboat gambling operations are being conducted on the effective date of this amendatory Act of the 92nd General Assembly. Section 10. "An Act in relation to gambling, amending named Acts", approved June 25, 1999, Public Act 91-40, is amended by changing Section 30 as follows: (P.A. 91-40, Sec. 30) Sec. 30. Severability. If any provision of this Act (Public Act 91-40) or the application thereof to any person or circumstance is held invalid, that invalidity does not affect the other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of this Act are severable. This severability applies without regard to whether the action challenging the validity was brought before the effective date of this amendatory Act of the 92nd General Assembly.
[June 1, 2002] 222 (b) Pharmacies providing prescription drugs under this Article shall be reimbursed at a rate which shall include a professional dispensing fee as determined by the Illinois Department, plus the current acquisition cost of the prescription drug dispensed. The Illinois Department shall update its information on the acquisition costs of all prescription drugs no less frequently than every 30 days. However, the Illinois Department may set the rate of reimbursement for the acquisition cost, by rule, at a percentage of the current average wholesale acquisition cost. (c) The Department shall not impose requirements for prior approval based on a preferred drug list for anti-retroviral or any atypical antipsychotics, conventional antipsychotics, or anticonvulsants used for the treatment of serious mental illnesses until 30 days after it has conducted a study of the impact of such requirements on patient care and submitted a report to the Speaker of the House of Representatives and the President of the Senate. (Source: P.A. 88-554, eff. 7-26-94; 89-673, eff. 8-14-96.)". 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 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 Mulligan, SENATE BILL 2201 was taken up and read by title a third time. A three-fifths vote is required. Pending discussion, Representative Osmond moved the previous question. And the question being, "Shall the main question be now put?" it was decided in the affirmative. The question then being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 100, Yeas; 15, Nays; 0, Answering Present. (ROLL CALL 6) This bill, having received the votes of three-fifths of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules on May 31, 2002, the First Conference Committee Report on Senate Amendment No. 1 to HOUSE BILL 2, submitted to the House previously, was taken up for consideration. Representative Novak moved the First Conference Committee Report be adopted. A three-fifths vote is required. And on the motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) The motion prevailed and the First Conference Committee Report was adopted by a three-fifths vote. Ordered that the Clerk inform the Senate. RESOLUTIONS HOUSE RESOLUTION 990, 991, 992, 993, 995, 996, 998, 1000, 1001, 1002 were taken up for consideration.
223 [June 1, 2002] Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 1 to SENATE BILL 314, having been printed, was taken up for consideration. Representative Saviano then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Bugielski, Currie, Murphy; Tenhouse and Saviano. Ordered that the Clerk inform the Senate. House Amendments numbered 1 and 2 to SENATE BILL 1983, having been printed, were taken up for consideration. Representative Delagado then moved that the House refuse to recede from said amendments and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Delgado, Currie, Giles; Tenhouse and Cowlishaw. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 251. Having been read by title a second time on May 30, 2002, and held on the order of Second Reading, the same was again taken up. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 251 AMENDMENT NO. 2. Amend Senate Bill 251 by replacing everything after the enacting clause with the following: "Section 5. The Code of Criminal Procedure of 1963 is amended by changing Sections 122-1, 122-2, and 122-3 and by adding Sections 108-15 and 122-6.1 as follows: (725 ILCS 5/108-15 new) Sec. 108-15. Evidence log. Any investigative, law enforcement, or other agency responsible for investigating any felony offense or participating in an investigation of any felony offense shall establish a log onto which shall be entered a schedule of all evidence and reports, records, memoranda, or other information, authored by that agency or that has come into its possession, whether inculpatory, exculpatory, or neutral. The log shall further specify the location of all such information or physical evidence. The log shall be provided to the authority prosecuting the offense. The investigating agency shall, with specificity, provide to the prosecuting authority any material or information within its possession or control that would tend to negate the guilt of the accused of the offense charged or reduce his or her punishment for the offense. Every investigative and law enforcement agency in this State shall adopt policies to ensure compliance with these provisions. Intentional failure to comply with the provisions of this Section is a Class A misdemeanor.
[June 1, 2002] 224 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1) Sec. 122-1. Petition in the trial court. (a) Any person imprisoned in the penitentiary who asserts that in the proceedings which resulted in his or her conviction there was a substantial denial of his or her rights under the Constitution of the United States or of the State of Illinois or both may institute a proceeding under this Article. Under the Constitution of the State of Illinois, an assertion of substantial denial of rights pursuant to this Article includes, but is not limited to, an independent claim of actual innocence based on newly discovered evidence. (b) The proceeding shall be commenced by filing with the clerk of the court in which the conviction took place a petition (together with a copy thereof) verified by affidavit. Petitioner shall also serve another copy upon the State's Attorney by any of the methods provided in Rule 7 of the Supreme Court. The clerk shall docket the petition for consideration by the court pursuant to Section 122-2.1 upon his or her receipt thereof and bring the same promptly to the attention of the court. (c) A proceeding on an independent claim of actual innocence based on newly discovered evidence may be commenced at any time after the discovery of the new evidence. No other proceedings under this Article shall be commenced more than 6 months after the denial of a petition for leave to appeal or the date for filing such a petition if none is filed or more than 45 days after the defendant files his or her brief in the appeal of the sentence before the Illinois Supreme Court (or more than 45 days after the deadline for the filing of the defendant's brief with the Illinois Supreme Court if no brief is filed) or 3 years from the date of conviction, whichever is sooner, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. (d) A person seeking relief by filing a petition under this Section must specify in the petition or its heading that it is filed under this Section. A trial court that has received a petition complaining of a conviction or sentence that fails to specify in the petition or its heading that it is filed under this Section need not evaluate the petition to determine whether it could otherwise have stated some grounds for relief under this Article. (e) A proceeding under this Article may not be commenced on behalf of a defendant who has been sentenced to death without the written consent of the defendant, unless the defendant, because of a mental or physical condition, is incapable of asserting his or her own claim. (Source: P.A. 89-284, eff. 1-1-96; 89-609, eff. 1-1-97; 89-684, eff. 6-1-97; 90-14, eff. 7-1-97.) (725 ILCS 5/122-2) (from Ch. 38, par. 122-2) Sec. 122-2. Contents of petition. The petition shall identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the respects in which petitioner's constitutional rights were violated. If the petition asserts an independent claim of actual innocence based on newly discovered evidence, it must set forth the nature of the evidence and demonstrate that: (i) the new evidence was discovered since the defendant's trial; and (ii) the new evidence could not have been discovered prior to trial by the exercise of due diligence. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his conviction. Argument and citations and discussion of authorities shall be omitted from the petition. (Source: Laws 1963, p. 2836.) (725 ILCS 5/122-3) (from Ch. 38, par. 122-3) Sec. 122-3. Waiver of claims. Any claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived. This provision does not apply to independent claims of actual innocence based on newly discovered evidence.
225 [June 1, 2002] (Source: Laws 1963, p. 2836.) (725 ILCS 5/122-6.1 new) Sec. 122-6.1. Actual innocence hearing. (a) At a hearing on a petition that asserts an independent claim of actual innocence based on newly discovered evidence, the burden is on the defendant to prove his or her actual innocence. At no time in such a hearing shall the defendant be entitled to a presumption of innocence. It is presumed that the verdict rendered at the trial in which the defendant was convicted was correct, and the burden is on the defendant to rebut this presumption. (b) The defendant, at an actual innocence hearing, must show evidence of such a conclusive character as would probably change the result on retrial. (c) In an actual innocence hearing, the court shall make a determination about the reliability and admissibility of the newly discovered evidence. Only if the court finds that the evidence of the defendant's actual innocence is of such a conclusive character that it would likely change the result of the defendant's trial shall the court order a new trial for the defendant.". And on that motion, a vote was taken resulting as follows: 113, Yeas; 3, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Fritchey, SENATE BILL 251 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) This bill, as amended, having received the votes of three-fifths of the Members elected, was declared passed. Ordered that the Clerk inform the Senate thereof and ask their concurrence in the House amendment/s adopted thereto. SENATE BILLS ON SECOND READING SENATE BILL 2130. Having been read by title a second time on May 30, 2002, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 2 remained in the Committee on Executive. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 2130 AMENDMENT NO. 2. Amend Senate Bill 2130 by replacing everything after the enacting clause with the following: "Section 5. The Illinois State Agency Historic Resources Preservation Act is amended by changing Section 5 as follows: (20 ILCS 3420/5) (from Ch. 127, par. 133c25)
[June 1, 2002] 226 Sec. 5. Responsibilities of the Historic Preservation Agency, Division of Preservation Services. (a) The Director shall include in the Agency's annual report an outline of State agency actions on which comment was requested or issued under this Act. (b) The Director shall maintain a current list of all historic resources owned, operated, or leased by the State and appropriate maps indicating the location of all such resources. These maps shall be in a form available to the public and State agencies, except that the location of archaeological resources shall be excluded. (c) The Director shall make rules and issue appropriate guidelines to implement this Act. These shall include, but not be limited to, regulations for holding on-site inspections, public information meetings and procedures for consultation, mediation, and resolutions by the Committee pursuant to subsections (e) and (f) of Section 4. (d) The Director shall (1) assist, to the fullest extent possible, the State agencies in their identification of properties for inclusion in an inventory of historic resources, including provision of criteria for evaluation; (2) provide information concerning professional methods and techniques for preserving, improving, restoring, and maintaining historic resources when requested by State agencies; and (3) help facilitate State agency compliance with this Act. (e) The Director shall monitor the implementation of actions of each State agency which have an effect, either adverse or beneficial, on an historic resource. (f) The Agency shall manage and control the preservation, conservation, inventory, and analysis of fine and decorative arts, furnishings, and artifacts of the Illinois Executive Mansion in Springfield, the Governor's offices in the Capitol in Springfield and the James R. Thompson Center in Chicago, and the Hayes House in DuQuoin. The Agency shall manage the preservation and conservation of the buildings and grounds of the Illinois Executive Mansion in Springfield. The Governor shall appoint a Curator of the Executive Mansion, with the advice and consent of the Senate, to assist the Agency in carrying out the duties under this item (f). The person appointed Curator must have experience in historic preservation or as a curator. The Curator shall serve at the pleasure of the Governor. The Governor shall determine the compensation of the Curator, which shall not be diminished during the term of appointment. (Source: P.A. 86-707.) Section 99. Effective date. This Act takes effect on July 1, 2002.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Daniels, SENATE BILL 2130 was taken up and read by title a third time. A three-fifths vote is required. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 108, Yeas; 8, Nays; 0, Answering Present. (ROLL CALL 10) This bill, as amended, having received the votes of three-fifths of the Members elected, was declared passed. Ordered that the Clerk inform the Senate thereof and ask their concurrence in the House amendment/s adopted thereto.
227 [June 1, 2002] SENATE BILLS ON SECOND READING SENATE BILL 2288. Having been read by title a second time on May 29, 2002, and held on the order of Second Reading, the same was again taken up. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 2288 AMENDMENT NO. 1. Amend Senate Bill 2288 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the FY2003 Budget Implementation (Gaming) Act. Section 5. Purpose. It is the purpose of this Act to make the changes in State programs relating to gaming that are necessary to implement the State's FY2003 budget. Section 10. The Riverboat Gambling Act is amended by adding Sections 11.3, 11.4, and 13.2 and changing Sections 4, 7, and 13 as follows: (230 ILCS 10/4) (from Ch. 120, par. 2404) Sec. 4. Definitions. As used in this Act: (a) "Board" means the Illinois Gaming Board. (b) "Occupational license" means a license issued by the Board to a person or entity to perform an occupation which the Board has identified as requiring a license to engage in riverboat gambling in Illinois. (c) "Gambling game" includes, but is not limited to, baccarat, twenty-one, poker, craps, slot machine, video game of chance, roulette wheel, klondike table, punchboard, faro layout, keno layout, numbers ticket, push card, jar ticket, or pull tab which is authorized by the Board as a wagering device under this Act. (d) "Riverboat" means a self-propelled excursion boat,
[June 1, 2002] 228 any other jurisdiction; (3) the person has submitted an application for a license under this Act which contains false information; (4) the person is a member of the Board; (5) a person defined in (1), (2), (3) or (4) is an officer, director or managerial employee of the firm or corporation; (6) the firm or corporation employs a person defined in (1), (2), (3) or (4) who participates in the management or operation of gambling operations authorized under this Act; (7) (blank); or (8) a license of the person, firm or corporation issued under this Act, or a license to own or operate gambling facilities in any other jurisdiction, has been revoked. (b) In determining whether to grant an owners license to an applicant, the Board shall consider: (1) the character, reputation, experience and financial integrity of the applicants and of any other or separate person that either: (A) controls, directly or indirectly, such applicant, or (B) is controlled, directly or indirectly, by such applicant or by a person which controls, directly or indirectly, such applicant; (2) the facilities or proposed facilities for the conduct of riverboat gambling; (3) the highest prospective total revenue to be derived by the State from the conduct of riverboat gambling; (4) the good faith affirmative action plan of each applicant to recruit, train and upgrade minorities in all employment classifications; (5) the financial ability of the applicant to purchase and maintain adequate liability and casualty insurance; (6) whether the applicant has adequate capitalization to provide and maintain, for the duration of a license, a riverboat; and (7) the extent to which the applicant exceeds or meets other standards for the issuance of an owners license which the Board may adopt by rule. (c) Each owners license shall specify the place where riverboats shall operate and dock. (d) Each applicant shall submit with his application, on forms provided by the Board, 2 sets of his fingerprints. (e) The Board shall
229 [June 1, 2002] applicants presenting plans which provide for significant economic development over a large geographic area, and to applicants who currently operate non-gambling riverboats in Illinois. The Board shall review all applications for owners licenses, and shall inform each applicant of the Board's decision. An owners licensee that receives an owners license authorizing it to begin conducting riverboat gambling operations on or after the effective date of this amendatory Act of the 92nd General Assembly shall attain a level of at least 20% minority person and female ownership, at least 16% and 4% respectively, within a time period prescribed by the Board, but not to exceed 12 months from the date the licensee begins conducting riverboat gambling operations. The 12-month period shall be extended by the amount of time necessary to conduct a background investigation pursuant to Section 6. For the purposes of this Section, the terms "female" and "minority person" have the meanings provided in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. The Board may revoke the owners license of a licensee which fails to begin conducting gambling within 15 months of receipt of the Board's approval of the application if the Board determines that license revocation is in the best interests of the State. (f) The first 10 owners licenses issued under this Act shall permit the holder to own up to 2 riverboats and equipment thereon for a period of 3 years after the effective date of the license. Holders of the first 10 owners licenses must pay the annual license fee for each of the 3 years during which they are authorized to own riverboats. (g) Upon the termination, expiration, or revocation of each of the first 10 licenses, which shall be issued for a 3 year period, all licenses are renewable annually upon payment of the fee and a determination by the Board that the licensee continues to meet all of the requirements of this Act and the Board's rules. However, for licenses renewed on or after May 1, 1998, renewal shall be for a period of 4 years, unless the Board sets a shorter period. (h) An owners license shall entitle the licensee to own up to 2 riverboats. A licensee shall limit the number of gambling participants to 1,200 for any such owners license. A licensee may operate both of its riverboats concurrently, provided that the total number of gambling participants on both riverboats does not exceed 1,200. Riverboats licensed to operate on the Mississippi River and the Illinois River south of Marshall County shall have an authorized capacity of at least 500 persons. Any other riverboat licensed under this Act shall have an authorized capacity of at least 400 persons. (i) A licensed owner is authorized to apply to the Board for and, if approved therefor, to receive all licenses from the Board necessary for the operation of a riverboat, including a liquor license, a license to prepare and serve food for human consumption, and other necessary licenses. All use, occupation and excise taxes which apply to the sale of food and beverages in this State and all taxes imposed on the sale or use of tangible personal property apply to such sales aboard the riverboat. (j) The Board may issue a license authorizing a riverboat to dock in a municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the municipality in which the riverboat will dock has by a majority vote approved the docking of riverboats in the municipality. The Board may issue a license authorizing a riverboat to dock in areas of a county outside any municipality or approve a relocation under Section 11.2 only if, prior to the issuance of the license or approval, the governing body of the county has by a majority vote approved of the docking of riverboats within such areas. (Source: P.A. 91-40, eff. 6-25-99.) (230 ILCS 10/11.3 new) Sec. 11.3. Unused gaming positions of a dormant license. The Board shall reallocate unused gaming positions as provided in this Section within 30 days of the effective date of this amendatory Act of the 92nd General Assembly. The reallocation of gaming positions authorized by
[June 1, 2002] 230 this Section shall be made by the Board prior to the reallocation of gaming positions under Section 11.4. The gaming positions authorized by a dormant license shall be divided equally among all eligible licensees and may be used by those eligible licensees as part of their riverboat gambling operations. If an eligible licensee does not elect to obtain some or all of the additional gaming positions authorized to it under this Section, all other eligible licensees may divide those positions equally. As soon as an owners licensee begins conducting riverboat gambling operations authorized by a dormant license, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, eligible licensees using gaming positions authorized pursuant to this Section shall no longer use those gaming positions. For the purposes of this Section 11.3, the term "eligible licensee" means an owners licensee that was in the top 4 in adjusted gross receipts in calendar year 2001 as determined by the Board and the term "dormant license" means an owners license that is authorized by this Act under which no riverboat gambling operations are being conducted on the effective date of this amendatory Act of the 92nd General Assembly. (230 ILCS 10/11.4 new) Sec. 11.4. Rock Island licensee's unused gaming positions. The Board shall reallocate unused gaming positions as provided in this Section within 30 days after all of the gaming positions subject to reallocation under Section 11.3 have been reallocated. Four hundred gaming positions of an owners licensee that conducts riverboat gambling operations from a home dock in Rock Island County shall be divided equally among all eligible licensees and may be used by those eligible licensees as part of the riverboat gambling operations. If an eligible owners licensee does not elect to obtain some or all of the additional gaming positions authorized to it under this Section, all other eligible licensees may divide those positions equally. Eligible licensees that receive additional gaming positions pursuant to this Section may use those positions for a period of at least one year. As soon as the one-year period is over or as soon as an owners licensee whose gaming positions have been reallocated pursuant to this Section begins conducting riverboat gambling operations from a home dock location that is different from the home dock location from which it conducted riverboat gambling operations on the effective date of this amendatory Act of the 92nd General Assembly, whichever is later, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, those reallocated gaming positions shall be automatically reclaimed by the owners licensee that was originally entitled to them. At any time after the one-year period is over, if an owners licensee whose gaming positions were reallocated under this Section has not relocated its riverboat gambling operations to a new home dock location, it may reclaim some or all of those gaming positions by notifying all eligible licensees in writing. If a licensee reclaims less than all of its reallocated gaming positions, all eligible licensees that received those positions shall return them on a pro rata basis. If a licensee reclaims some but less than all of its gaming positions, it may later reclaim any portion of the remainder of those positions. An eligible licensee that receives a reallocation of gaming positions under this Section shall no longer use those positions after they have been reclaimed. For purposes of this Section 11.4, the term "eligible licensee" means an owners license that was in the top 4 in adjusted gross receipts in calendar year 2001 as determined by the Board. (230 ILCS 10/13.2 new) Sec. 13.2. Supplemental wagering tax. (a) Beginning on July 1, 2002 and ending as provided in subsection (d) but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly, a privilege tax is imposed on persons engaged in the business of conducting riverboat
231 [June 1, 2002] gambling operations, based on the adjusted gross receipts received by a licensed owner from gambling games authorized under this Act, at the rate of 10% of annual adjusted gross receipts in excess of $200,000,000. For the purpose of determining annual adjusted gross receipts in calendar year 2002, annual adjusted gross receipts shall be measured beginning January 1, 2002. In a subsequent year, annual adjusted gross receipts shall be measured beginning on January 1 of that year. The tax imposed pursuant to this Section is in addition to any other tax imposed pursuant to this Act. (b) The taxes imposed by this Section shall be paid by the licensed owner to the Board no later than 3:00 o'clock p.m. of the day after the day when the wagers were made. The Board shall pay all moneys received pursuant to this Section into the Education Assistance Fund at least monthly. (c) To the extent practicable, the Board shall administer and collect the wagering taxes imposed by this Section in a manner consistent with the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act. (d) The provisions of this Section shall be inoperative and of no force and effect beginning on the first date after the effective date of this amendatory Act that riverboat gambling operations are conducted pursuant to a dormant license, but in no event later than 18 months after the effective date of this amendatory Act of the 92nd General Assembly. (e) For the purposes of this Section 13.2, the term "dormant license" means an owners license that is authorized by this Act under which no riverboat gambling operations are being conducted on the effective date of this amendatory Act of the 92nd General Assembly. Section 10. "An Act in relation to gambling, amending named Acts", approved June 25, 1999, Public Act 91-40, is amended by changing Section 30 as follows: (P.A. 91-40, Sec. 30) Sec. 30. Severability. If any provision of this Act (Public Act 91-40) or the application thereof to any person or circumstance is held invalid, that invalidity does not affect the other provisions or applications of the Act which can be given effect without the invalid application or provision, and to this end the provisions of this Act are severable. This severability applies without regard to whether the action challenging the validity was brought before the effective date of this amendatory Act of the 92nd General Assembly.
[June 1, 2002] 232 Supplemental Calendar No. 6 was distributed to the Members at 7:21 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 3 to HOUSE BILL 5168, having been printed, was taken up for consideration. Representative Daniels moved that the House concur with the Senate in the adoption of Senate Amendment No. 3. And on that motion, a vote was taken resulting as follows: 97, Yeas; 19, Nays; 0, Answering Present. (ROLL CALL 12) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 3 to HOUSE BILL 5168, by a three-fifths vote. Ordered that the Clerk inform the Senate. At the hour of 7:37 o'clock p.m., Representative Currie moved that the House do now adjourn until Sunday, June 2, 2002, at 2:00 o'clock p.m. The motion prevailed. And the House stood adjourned.
233 [June 1, 2002] NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE JUN 01, 2002 0 YEAS 0 NAYS 117 PRESENT P ACEVEDO P ERWIN P LAWFER P PARKE P BASSI P FEIGENHOLTZ P LEITCH P POE P BEAUBIEN P FLOWERS P LINDNER P REITZ P BELLOCK P FORBY P LYONS,EILEEN P RIGHTER P BERNS P FOWLER P LYONS,JOSEPH P RUTHERFORD P BIGGINS P FRANKS P MARQUARDT P RYAN P BLACK P FRITCHEY P MATHIAS P SAVIANO P BOLAND P GARRETT P MAUTINO P SCHMITZ P BOST P GILES P MAY P SCHOENBERG P BRADLEY P GRANBERG P McAULIFFE P SCULLY P BRADY P HAMOS P McCARTHY E 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 P MURPHY P WINTERS P CURRIE P JONES,LOU P MYERS P WIRSING P CURRY P JONES,SHIRLEY P NOVAK P WOJCIK P DANIELS P KENNER P O'BRIEN P WRIGHT P DART P KLINGLER P O'CONNOR P YARBROUGH P DAVIS,MONIQUE P KOSEL P OSMOND P YOUNGE P DAVIS,STEVE P KRAUSE P OSTERMAN P ZICKUS P DELGADO P KURTZ P PANKAU P MR. SPEAKER P DURKIN P LANG E - Denotes Excused Absence
[June 1, 2002] 234 NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2671 MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 113 YEAS 1 NAYS 2 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y 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 P RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT N 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 E 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 P JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E 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
235 [June 1, 2002] NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1276 MOTION TO CONCUR IN SENATE AMENDMENT NO. 2 CONCURRED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 91 YEAS 25 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ N BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS N MARQUARDT Y RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO N SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY E SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD N HARTKE Y McKEON Y SMITH Y BUGIELSKI Y 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 N MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON N HULTGREN Y MOFFITT Y WAIT N COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK N WOJCIK Y DANIELS Y KENNER Y O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
[June 1, 2002] 236 NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 5375 MUNICIPAL GOVERNMENT-TECH ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 96 YEAS 17 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER N PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH Y RUTHERFORD Y BIGGINS N FRANKS Y MARQUARDT Y RYAN A BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO Y SCHMITZ Y BOST Y GILES N MAY N SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY E SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE Y BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT Y MEYER Y SOTO Y CAPPARELLI Y HOFFMAN Y MILLER Y STEPHENS Y COLLINS Y HOLBROOK N MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER N COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW N JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON N MULLIGAN A WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER N O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E KOSEL N OSMOND A YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
237 [June 1, 2002] NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 727 VEH CD-DUI-EVALUATIONS ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 115 YEAS 1 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y 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 N 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 E 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 Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E 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
[June 1, 2002] 238 NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2201 DHS-DCFS-INVESTIGAT CHILD CARE THIRD READING PASSED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 100 YEAS 15 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER Y BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT A RYAN N BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ N BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY N BRADY Y HAMOS Y McCARTHY E 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 N 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 N WAIT Y COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS N JOHNSON Y MULLIGAN N WINKEL Y CROTTY N JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU N MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E KOSEL N 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
239 [June 1, 2002] NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2 ALTERNATE FUELS FUND-USER FEES ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y 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 E 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 Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE E 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
[June 1, 2002] 240 NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 251 CRIM CD-SLOT MACHINE-ANTIQUE SECOND READING - AMENDMENT NO. 2 ADOPTED JUN 01, 2002 113 YEAS 3 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER A PARKE Y BASSI Y FEIGENHOLTZ Y 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 N 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 E 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 N TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT Y WAIT Y COWLISHAW Y JEFFERSON Y MORROW N WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y 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
241 [June 1, 2002] NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 251 CRIM CD-SLOT MACHINE-ANTIQUE THIRD READING PASSED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y 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 E 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 Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y 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
[June 1, 2002] 242 NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2130 CREATE EXEC MANSION CURATOR THIRD READING PASSED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 108 YEAS 8 NAYS 0 PRESENT Y ACEVEDO Y ERWIN Y LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y 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 N FRANKS Y MARQUARDT N RYAN Y BLACK Y FRITCHEY Y MATHIAS Y SAVIANO Y BOLAND Y GARRETT Y MAUTINO Y SCHMITZ A BOST Y GILES Y MAY Y SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE Y SCULLY Y BRADY Y HAMOS Y McCARTHY E SIMPSON N 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 N 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 N WAIT Y COWLISHAW N JEFFERSON Y MORROW Y WATSON Y CROSS Y JOHNSON Y MULLIGAN Y WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU Y MYERS Y WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK Y DANIELS Y KENNER Y O'BRIEN Y WRIGHT N DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence
243 [June 1, 2002] NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 2288 BUDGET IMPLEMENTATION-FY2003 SECOND READING - AMENDMENT NO. 1 LOST JUN 01, 2002 49 YEAS 63 NAYS 5 PRESENT Y ACEVEDO P ERWIN N LAWFER N PARKE N BASSI Y FEIGENHOLTZ N LEITCH N POE N BEAUBIEN Y FLOWERS Y LINDNER Y REITZ N BELLOCK N FORBY N LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD N BIGGINS N FRANKS N MARQUARDT Y RYAN N BLACK N FRITCHEY N MATHIAS Y SAVIANO Y BOLAND N GARRETT Y MAUTINO N SCHMITZ N BOST N GILES P MAY P SCHOENBERG Y BRADLEY Y GRANBERG Y McAULIFFE N SCULLY N BRADY Y HAMOS Y McCARTHY E SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE N SLONE Y BRUNSVOLD Y HARTKE Y McKEON N SMITH Y BUGIELSKI Y HASSERT Y MENDOZA N SOMMER Y BURKE Y HOEFT N MEYER N SOTO Y CAPPARELLI Y HOFFMAN P MILLER N STEPHENS N COLLINS Y HOLBROOK N MITCHELL,BILL N TENHOUSE Y COLVIN Y HOWARD N MITCHELL,JERRY N TURNER N COULSON N HULTGREN N MOFFITT N WAIT N COWLISHAW Y JEFFERSON N MORROW N WATSON Y CROSS N JOHNSON N MULLIGAN N WINKEL N CROTTY N JONES,JOHN Y MURPHY N WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY Y NOVAK Y WOJCIK P DANIELS Y KENNER Y O'BRIEN N WRIGHT N DART N KLINGLER N O'CONNOR N YARBROUGH N DAVIS,MONIQUE N KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE N KRAUSE Y OSTERMAN N ZICKUS Y DELGADO N KURTZ N PANKAU Y MR. SPEAKER N DURKIN Y LANG E - Denotes Excused Absence
[June 1, 2002] 244 NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 5168 MOTION TO CONCUR IN SENATE AMENDMENT NO.3 CONCURRED THREE-FIFTHS VOTE REQUIRED JUN 01, 2002 97 YEAS 19 NAYS 0 PRESENT Y ACEVEDO Y ERWIN N LAWFER Y PARKE Y BASSI Y FEIGENHOLTZ Y LEITCH Y POE Y BEAUBIEN Y FLOWERS Y LINDNER Y REITZ Y BELLOCK Y FORBY Y LYONS,EILEEN N RIGHTER N BERNS Y FOWLER Y LYONS,JOSEPH N RUTHERFORD Y BIGGINS Y FRANKS Y MARQUARDT Y RYAN A 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 E SIMPSON Y BROSNAHAN Y HANNIG Y McGUIRE Y SLONE N BRUNSVOLD Y HARTKE Y McKEON Y SMITH Y BUGIELSKI Y 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 N MITCHELL,BILL Y TENHOUSE Y COLVIN Y HOWARD Y MITCHELL,JERRY Y TURNER Y COULSON Y HULTGREN Y MOFFITT N WAIT Y COWLISHAW Y JEFFERSON Y MORROW N WATSON N CROSS Y JOHNSON Y MULLIGAN N WINKEL Y CROTTY Y JONES,JOHN Y MURPHY Y WINTERS Y CURRIE Y JONES,LOU N MYERS N WIRSING Y CURRY Y JONES,SHIRLEY N NOVAK Y WOJCIK Y DANIELS Y KENNER N O'BRIEN N WRIGHT Y DART Y KLINGLER Y O'CONNOR Y YARBROUGH Y DAVIS,MONIQUE Y KOSEL N OSMOND Y YOUNGE Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y ZICKUS Y DELGADO N KURTZ Y PANKAU Y MR. SPEAKER Y DURKIN Y LANG E - Denotes Excused Absence