STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
117TH LEGISLATIVE DAY
THURSDAY, APRIL 6, 2000
12:00 0'CLOCK NOON
NO. 117
[April 6, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 117th Legislative Day Action Page(s) Adjournment........................................ 97 Change of Sponsorship.............................. 12 Committee on Rules Referrals....................... 8 Fiscal Note Requested.............................. 9 Fiscal Notes Supplied.............................. 10 Home Rule Note Supplied............................ 10 Housing Affordability Impact Notes Supplied........ 10 Quorum Roll Call................................... 4 Reports............................................ 4 State Mandate Note Supplied........................ 10 Temporary Committee Assignments.................... 4 Bill Number Legislative Action Page(s) HB 0182 Motion Submitted................................... 9 HB 0298 Second Reading..................................... 90 HB 0298 Third Reading...................................... 90 HB 2067 Motion Submitted................................... 9 HB 2379 Motion Submitted................................... 9 HB 2917 Motion Submitted................................... 9 HB 2963 Motion Submitted................................... 9 HB 3073 Committee Report - Concur in SA.................... 10 HB 3188 Committee Report - Concur in SA.................... 12 HB 3256 Committee Report - Concur in SA.................... 8 HB 3548 Motion Submitted................................... 9 HB 4021 Motion Submitted................................... 9 HB 4097 Committee Report - Concur in SA.................... 8 HB 4300 Motion Submitted................................... 9 HB 4348 Motion Submitted................................... 9 HJR 0059 Resolution......................................... 22 HJR 0060 Resolution......................................... 24 HJR 0061 Resolution......................................... 24 HR 0093 Adoption........................................... 26 HR 0638 Committee Report................................... 11 HR 0709 Adoption........................................... 93 HR 0711 Adoption........................................... 93 HR 0712 Adoption........................................... 93 HR 0713 Adoption........................................... 93 HR 0714 Adoption........................................... 93 HR 0715 Adoption........................................... 93 HR 0716 Adoption........................................... 93 HR 0717 Adoption........................................... 93 HR 0719 Resolution......................................... 19 HR 0720 Agreed Resolution.................................. 12 HR 0721 Agreed Resolution.................................. 13 HR 0722 Agreed Resolution.................................. 13 HR 0723 Resolution......................................... 20 HR 0724 Agreed Resolution.................................. 18 HR 0725 Agreed Resolution.................................. 14 HR 0726 Agreed Resolution.................................. 15 HR 0727 Agreed Resolution.................................. 15 HR 0728 Resolution......................................... 21 HR 0729 Agreed Resolution.................................. 16 HR 0730 Agreed Resolution.................................. 16 HR 0731 Agreed Resolution.................................. 17 HR 0732 Resolution......................................... 21 HR 0733 Agreed Resolution.................................. 18
3 [April 6, 2000] Bill Number Legislative Action Page(s) HR 0734 Agreed Resolution.................................. 19 HR 0735 Resolution......................................... 22 HR 0770 Adoption........................................... 93 SB 0023 Committee Report-Floor Amendment/s................. 10 SB 0649 Second Reading - Amendment/s....................... 30 SB 0730 Second Reading - Amendment/s....................... 25 SB 0747 Second Reading - Amendment/s....................... 91 SB 0807 Committee Report-Floor Amendment/s................. 11 SB 1007 Committee Report................................... 8 SB 1046 Motion............................................. 90 SB 1249 Committee Report-Floor Amendment/s................. 8 SB 1249 Second Reading - Amendment/s....................... 38 SB 1268 Third Reading...................................... 54 SB 1281 Second Reading - Amendment/s....................... 39 SB 1307 Committee Report-Floor Amendment/s................. 8 SB 1307 Second Reading - Amendment/s....................... 45 SB 1353 Third Reading...................................... 26 SB 1377 Second Reading - Amendment/s....................... 50 SB 1404 Second Reading - Amendment/s....................... 91 SB 1425 Second Reading - Amendment/s....................... 94 SB 1426 Second Reading - Amendment/s....................... 27 SB 1444 Committee Report-Floor Amendment/s................. 8 SB 1444 Second Reading - Amendment/s....................... 45 SB 1447 Third Reading...................................... 54 SB 1451 Committee Report-Floor Amendment/s................. 8 SB 1451 Second Reading - Amendment/s....................... 39 SB 1453 Second Reading - Amendment/s....................... 54 SB 1514 Committee Report-Floor Amendment/s................. 10 SB 1537 Recall............................................. 54 SB 1541 Committee Report-Floor Amendment/s................. 8 SB 1541 Second Reading - Amendment/s....................... 48 SB 1645 Second Reading - Amendment/s....................... 26 SB 1647 Committee Report-Floor Amendment/s................. 11 SB 1660 Committee Report-Floor Amendment/s................. 8 SB 1660 Second Reading - Amendment/s....................... 91 SB 1660 Second Reading - Amendment/s....................... 52 SB 1693 Motion Submitted................................... 9 SB 1693 Second Reading - Amendment/s....................... 31 SB 1707 Recall............................................. 93 SB 1735 Third Reading...................................... 38 SB 1851 Second Reading..................................... 25 SB 1871 Second Reading - Amendment/s....................... 29 SB 1881 Committee Report-Floor Amendment/s................. 11
[April 6, 2000] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by Pastor Wesley Ooms of the Community Bible Fellowship of El Paso in El Paso, Illinois. Representative Reitz 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: 118 present. (ROLL CALL 1) TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Osmond replaced Representative Cross in the Committee on Revenue on April 4, 2000. Representative John Turner replaced Representative Cross in the Committee on Revenue on April 5, 2000. Representative Winters replaced Representative Krause in the Committee on Elementary & Secondary Education on April 5, 2000. Representative Osmond replaced Representative Klingler in the Committee on Registration & Regulation on April 5, 2000. Representative Mathias replaced Representative Beaubien in the Committee on Constitutional Officers on April 5, 2000. REPORTS The Clerk of the House acknowledges receipt of the following correspondence: Audit report on Department on Aging, submitted by Office of the Auditor General. Audit report on Central Management Services, submitted by Office of the Auditor General. Audit report on Department of Children and Family Services, submitted by Office of the Auditor General. Audit report on Department of Commerce and Community Affairs, submitted by Office of the Auditor General. Audit report on Department of Insurance, submitted by Office of the Auditor General. Audit report on Department of Lottery, submitted by Office of the Auditor General. Audit report on Capital Development Board, submitted by the Office of the Auditor General. Annual progress report on Excellence in Academic Medicine Research, submitted by the University of Illinois College of Medicine at Rockford. Status report for three programs at OSF Saint Francis Medical Center, submitted by the Sisters of the Third Order of St. Francis. Report on Evaluation of Prophylactic Intravenous Immunoglobulin in Pediatric Patients Undergoing Intensive Chemotherapy for Malignant Diseases, submitted by SwedishAmerican Hospital, Rockford, IL. Progress report on Excellence in Academic Medicine Stem Cell Transplant Project, submitted by SwedishAmerican Health System, Rockford, IL.
5 [April 6, 2000] Summary of Outcomes Associated with the Ornish Lifestyle Modification Program versus Traditional Outpatient Cardiac Rehabilitative Care, submitted by R. William Whitmer, M.B.A. HERO, Birmingham, AL. Research report about Cardiovascular Rehabilitation, submitted by HERO, Birmingham, AL. Annual report to the Comptroller on Excellence in Academic Medicine Research Program, submitted by the SwedishAmerican Health System, Rockford, IL. Annual report on the Excellence in Academic Medicine Grant, submitted by the SwedishAmerican Health System, Rockford, IL. Report on reporting requirements for Excellence in Academic Medicine, submitted by Children's Memorial Hospital in Chicago, IL. Report on activities funded by Excellence in Academic Medicine Program, submitted by Southern Illinois University, Office of Associate Dean for Research and Faculty Affairs. Report on outlined programs the University of Illinois at Chicago Medical Center funded, submitted by the University of Illinois, Chicago. Report on the University of Chicago Hospitals' programmatic for fiscal year 1999, submitted by the University of Chicago. Directory 1-Elective Officials 2000, submitted by CSG State Directory. Report on funds received into the Social Services Block Grant Fund, submitted by the Illinois Department of Human Services. Report on the Appropriateness of the 90% Funding Target of Public Act 88-593, submitted by the Illinois Pension Laws Commission. Report on 1999 FEE Imposition, submitted by the State of Illinois Comptroller. LRB Status report, submitted by Illinois Legislative Reference Bureau. Report in compliance with 83 Illinois Administrative Code Part 720, submitted by Ameritech. Catalog of State Assistance to Local Governments, submitted by Illinois Commission of Intergovernmental Cooperation. Report on FY 2001 GAAP, submitted by state of Illinois Economic and Fiscal Commission. Report covering activities for the fiscal year ended June 30, 1999, submitted by the Illinois Housing Development Authority. Annual Report, submitted by the Illinois Department of Professional Regulation. 9-1-1 Implementation Report, submitted by the Adams Telephone Cooperative. 1999 Annual Report, submitted by Circuit Breaker Tax Relief Program and Pharmaceutical Assistance Program. Report of Stewardship 1998, submitted by Rush-Presbyterian-St.
[April 6, 2000] 6 Luke's Medical Center. Annual Report on Excellence in Academic Medicine Program Northwestern Memorial Hospital, submitted by the Illinois Department of Public Aid. Preliminary Report on Cardiovascular Disease Prevention Task Force, submitted by the Illinois Department of Public Health. Report on Illinois Violent Injury, submitted by the Illinois Department of Public Health. Report to Congress 2000, submitted by Reserve Officers Association of the United States Department of Illinois. Compliance Audit of the House of Representatives for the period ended June 30, 1999, submitted by the Office of the Auditor General William G. Holland. Management Audit of the Department of Public Aid's Child Support State Disbursement Unit, submitted by the state of Illinois Office of the Auditor General. FY 2001 Legislative Capital Plan Analysis, submitted by the Illinois Economic and Fiscal Commission. Financial and Compliance Audit of Department of Public Aid, submitted by the state of Illinois Office of the Auditor General. Compliance Audit for Illinois Commission on Intergovernmental Cooperation, submitted by the state of Illinois Office of the Auditor General. Audit report on Department of Public Aid's Child Support State Disbursement Unit, submitted by the state of Illinois Office of the Auditor General. Audit report for Department of Public Aid, submitted by the state of Illinois Office of the Auditor General. Audit report for Intergovernmental Cooperation Commission, submitted by the state of Illinois Office of the Auditor General. Audit report for General Assembly-House, submitted by the state of Illinois Office of the Auditor General. Audit report for General Assembly-Senate, submitted by the state of Illinois Office of the Auditor General. Audit report for Space Needs Commission, submitted by the state of Illinois Office of the Auditor General. Audit report for Legislative Research Unit, submitted by the state of Illinois Office of the Auditor General. Audit report for Legislative Printing Unit, submitted by the state of Illinois Office of the Auditor General. Audit report for Economic and Fiscal Commission, submitted by the state of Illinois Office of the Auditor General. Audit report for Legislative Audit Commission, submitted by the state of Illinois Office of the Auditor General. Audit report of Legislative Reference Bureau, submitted by the state of Illinois Office of the Auditor General.
7 [April 6, 2000] Audit report of Pension Laws Commission, submitted by the state of Illinois Office of the Auditor General. Audit report of Department of Corrections, submitted by the state of Illinois Office of the Auditor General. Audit report of Correctional Industries, submitted by the state of Illinois Office of the Auditor General. 1999 Annual report, submitted by the Illinois Pollution Control Board. Annual report, submitted by Illinois Farm Development Authority. Report on 1999 Bond Indebtedness and Long Term Obligations, submitted by the state of Illinois Comptroller. A report on 2000 Educational Mandates, submitted by Illinois State Board of Education. 1999 Annual report, submitted by Illinois Sports Facilities Authority. Financial and Compliance Audit for the two years ended June 30, 1999, submitted by the state of Illinois Office of the Governor Bureau of the Budget. Financial and Compliance Audit report, submitted by the Illinois Planning Council on Developmental Disabilities. Financial and Compliance Audit report, submitted by the state of Illinois Department of Professional Regulation. Compliance report, submitted by the Illinois State and Local Labor Relations Boards. Financial and Compliance Audit report, submitted by Illinois Arts Council. Financial and Compliance Audit, submitted by state of Illinois Guardianship And Advocacy Commission. Compliance Audit report, submitted by Illinois Department of Labor. Compliance Audit, submitted by state of Illinois State Board of Elections. Financial and Compliance Audit, submitted by Illinois Educational Labor Relations Board. Complete and Uncensored Minority Report of Governor Ryan's Commission on the Status of Women, submitted by Commission on the status of Women. A report on Drainage Improvements Town of Cortland, DeKalb County, submitted by Illinois Department of Natural Resources. A report on Wood River Drainage and Levee District, Madison County, submitted by Illinois Department of Natural Resources. Fiscal Year 2001 Higher Education Budget Recommendations, submitted by the Illinois Board of Higher Education. 9-1-1 Implementation Report, submitted by Harrisonville Telephone Company.
[April 6, 2000] 8 Preliminary FY 2001 Revenue Estimate, submitted by Illinois Economic and Fiscal Commission. Quarterly Financial Report General Funds, submitted by the state of Illinois Bureau of the Budget. REPORT FROM STANDING COMMITTEE 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 "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3256. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4097. That the bill be reported "approved for consideration" and be placed on the order of Second Reading -- Standard Debate: SENATE BILL 1007. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 1249. Amendment No. 1 to SENATE BILL 1307. Amendment No. 3 to SENATE BILL 1444. Amendment No. 2 to SENATE BILL 1451. That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 1541. Amendment No. 3 to SENATE BILL 1660. The committee roll call vote on the following Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse 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 Election & Campaign Reform: House Amendment 1 to SENATE BILL 1514. Committee on Executive: House Amendments 6 and 7 to SENATE BILL 1647; House Amendments 1 and 2 to SENATE BILL 1881. Committee on Human Services: House Amendment 9 to SENATE BILL 807 and House Amendment 8 to SENATE BILL 677. Committee on Electric Utility Deregulation: House Amendment 4 to SENATE BILL 23. Committee on Urban Revitalization: Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3188. 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 Human Services: House Amendment 9 to SENATE BILL 677. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder Y Hannig N Tenhouse Y Turner, Art
9 [April 6, 2000] MOTIONS SUBMITTED Representative Cross submitted the following written motion, which was placed on the order of Motions: MOTION #1 Pursuant to Rule 18(g), I move that the Rules Committee be discharged from further consideration of HOUSE4 BILL 2963 and that that measure be advanced to the order of Second Reading. Representative Hamos submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to table Amendment No. 1 to SENATE BILL 1693. JOINT ACTION MOTIONS SUBMITTED Representative Lang submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 182. Representative Krause 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 2067. Representative Silva 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 2379. Representative Holbrook 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 2917. Representative Lindner 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 3548. Representative Coulson 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 4021. Representative Hoffman 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 4300. Representative Dart 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 4348. REQUEST FOR FISCAL NOTE Representative Wirsing requested that a Fiscal Note be supplied for SENATE BILL 1444, as amended.
[April 6, 2000] 10 FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 747, as amended, 1393 and 1577, as amended. HOUSING AFFORDABILITY IMPACT NOTES SUPPLIED Housing Affordability Impact Notes have been supplied for SENATE BILLS 730, as amended and 747, as amended. HOME RULE NOTE SUPPLIED A Home Rule Note has been supplied for SENATE BILL 747, as amended. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for SENATE BILL 747, as amended. REPORTS FROM STANDING COMMITTEES Representative Boland, Chairperson, from the Committee on Elections & Campaign Reform 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 1514. The committee roll call vote on Amendment No. 1 to SENATE BILL 1514 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Boland, Chair Y McCarthy Y Gash, V-Chair Y Osterman Y Giglio Y Schmitz Y Hamos A Wait Y Hoeft Y Winkel Y Winters, Spkpn Representative Novak, Chairperson, from the Committee on Electric Utility Deregulation 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. 4 to SENATE BILL 23. The committee roll call vote on Amendment No. 4 to SENATE BILL 23 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair A Meyer A Biggins Y Morrow Y Hassert Y O'Brien Y Jones, Shirley Y Persico, V-Chair Y Leitch Y Scott (Joseph Lyons) 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 Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3073.
11 [April 6, 2000] That the Floor Amendment be reported "recommends be adopted": Amendments numbered 1 and 2 to SENATE BILL 1881. Amendments numbered 6 and 7 to SENATE BILL 1647. That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 638. The committee roll call vote on HOUSE RESOLUTION 638 is as follows: 10, Yeas; 1, Nays; 3, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo A Hassert Y Beaubien Y Jones, Lou Y Biggins Y Lopez Y Bradley P Pankau Y Bugielski P Poe, Spkpn Y Capparelli N Rutherford P Tenhouse The committee roll call vote on Amendments numbered 6 and 7 to SENATE BILLS 1647 and Amendments numbered 1 and 2 to SENATE BILL 1881 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y Lopez Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn Y Capparelli Y Rutherford Y Tenhouse The committee roll call vote on the Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3073 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y Lopez Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn Y Capparelli Y Rutherford Y Tenhouse Representative Feigenholtz, 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. 9 to SENATE BILL 807. The committee roll call vote on Amendment No. 9 to SENATE BILL 807 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock Y Myers, Richard Y Coulson Y Pugh A Flowers Y Schoenberg, V-Chair Y Howard Y Sharp Y Kenner A Winters Y Wirsing Representative Scott, Chairperson, from the Committee on Urban Revitalization to which the following were referred, action taken
[April 6, 2000] 12 earlier today, and reported the same back with the following recommendations: That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3188. The committee roll call vote on Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3188 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Scott, Chair Y McCarthy, V-Chair A Bassi Y McKeon Y Dart A O'Connor A Garrett Y Parke Y Harris A Slone A Mathias, Spkpn Y Winters (Andrea Moore) A McAuliffe Y Younge Y Zickus CHANGE OF SPONSORSHIP Representative Cowlishaw asked and obtained unanimous consent to be removed as chief sponsor and Representative Krause asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2067. RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 720 Offered by Representative Capparelli: WHEREAS, The Joint Civic Committee of Italian Americans will present its annual "Dante Award" on April 18, 2000; and WHEREAS, Larry Wert, President and General Manager of NBC 5 Chicago, will be this year's recipient; Mr. Wert came to WMAQ-TV from Chancellor Media Corporation where he served as Senior Vice-President; he was responsible for radio properties in Chicago and Detroit; Mr. Wert was President of Evergreen Media Corporation in Chicago when it merged with Chancellor Media Broadcasting in 1997; prior to the merger he served as the President and General Manager of Evergreen's The Loop and AM 1000; he previously spent 10 years with ABC-TV; he was Local Sales Manager for WLS-TV in Chicago, and at ABC-TV National Sales in New York, Chicago, and KABC-TV in Los Angeles; Mr. Wert got his start in the industry at Leo Burnett Advertising; and WHEREAS, Mr. Wert is a member of the Advisory Council of Columbia College Chicago's Television Department; he was named the 1998 Honorary Chairman of the 11th Annual "Have a Heart for Sickle Cell Anemia" benefit, and was the recipient of the organization's 1998 "Gift of Life" Award; he was honored with the 1998 Cosmopolitan Chamber of Commerce Award for "Responding to Community Standards of Broadcasting"; Mr. Wert was unanimously elected to the board of Junior Achievement Chicago; he serves on the Board of Directors for the Children's Brittle Bone Foundation, the Ronald McDonald's Childrens Charities, the Chicagoland Chamber of Commerce, and is a board member of Jim Shorts Children's Charities; and WHEREAS, Mr. Wert is an Honorary Board and Nominating Committee Member of RAINBOWS, an organization that helps children cope with divorce; he also sits on the Board of Trustees for Fenwick High School in Oak Park; and WHEREAS, He holds a Bachelor of Arts degree in journalism from the University of Wisconsin, Madison, where he won scholar-athlete honors, and was a two-time, All-American diver; and
13 [April 6, 2000] WHEREAS, Mr. Wert and his wife, Julie, reside in Riverside, Illinois, with their four children; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Larry Wert on being named the recipient of the 2000 Dante Award, presented by the Joint Civic Committee of Italian Americans; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. Larry Wert. HOUSE RESOLUTION 721 Offered by Representative Krause: WHEREAS, The Sister City concept was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and WHEREAS, All succeeding United States Presidents have endorsed this program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United States and the peoples of other nations; and WHEREAS, To implement this program, Mount Prospect and other communities in the United States have been requested by Sister Cities International to affiliate with cities of similar characteristics and mutual interests in other nations; and WHEREAS, The Village of Mount Prospect, through its Mayor and Board of Trustees, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Mount Prospect and Sevres, France; and WHEREAS, The Village of Mount Prospect and the City of Sevres, France, share many common characteristics and objectives such as: both are suburbs in large metropolitan areas (Mount Prospect and Chicago; Sevres and Paris); both communities have excellent services and schools; both offer a wide range of leisure activities for their residents; and both share similar concerns and interests about families and communities; and WHEREAS, It is the hope of the Mount Prospect Sister Cities Commission through the Sister Cities partnership that the people of Mount Prospect and Sevres will form a rewarding relationship; and WHEREAS, It is the desire of the Mayor and Board of Trustees that the relationship will give the citizens of Mount Prospect the opportunity to grow to know others in different parts of the world, learn about other cultures, and learn to appreciate their similarities and differences; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Village of Mount Prospect and the City of Sevres, France, on their friendship and wish that their citizens share a lasting and congenial relationship and benefit from a mutually respectful exchange of cultures; and be it further RESOLVED, That suitable copies of this resolution be forwarded to the Mayor of Mount Prospect and the Mayor of Sevres, France. HOUSE RESOLUTION 722 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives wish to convey their sincere condolences to the family and friends of Sol Leo Griffin, Jr., who recently passed away; and WHEREAS, Sol Griffin was born in Freeman Spur, Illinois on September 27, 1925; his parents were Sol Leo Griffin, Sr. and Alberta Johnson; he was educated in the Freeman Spur School system and attended Lewis Business College in Detroit, Michigan; and WHEREAS, He served in the United States Marine Corps in World War II; he was among the first African-Americans accepted into the Marines; from his service experience he became one of the founding members of the Montford Point Marine Association, with chapters throughout the
[April 6, 2000] 14 United States; upon his discharge from military service, he relocated to Chicago, Illinois; he met and married Loretta Thomas on April 8, 1950; and WHEREAS, Sol Griffin was one of the first African-Americans to be employed by the Chicago Transit Authority; he also worked for the Chicago Board of Education and the University of Chicago Campus Police, where he retired in 1990; and WHEREAS, Sol Griffin was a social activist who worked to improve the lives of African-Americans, particularly those who served in the military; he gave of his time to many organizations, especially the Montford Point Marine Association; he was chairman of the Minority Veterans Steering Committee, a member of Congressman Luis Guiterrez' Veterans Task Force, the Mayor's Advisory Council on Veterans Affairs for the City of Chicago, a member of the Selective Service Board, and a member of American Legion Giles Post #87; and WHEREAS, Sol Griffin worked with the V.A. Great Lakes Health Care System, and was instrumental in working to maintain health care services for veterans at the Westside Hospital; he organized a Memorial Day tribute to the late Mayor Harold Washington, recognizing his contributions to the City of Chicago, the African-American community, and his service in the military; the event is held each year at the site of the Harold Washington monument; and WHEREAS, Sol Griffin worked with the Village Investment Project, soliciting retired veterans to serve as mentors to children in foster care; he participated in the annual Marine Corps Toys for Tots program; he helped organize an annual Thanksgiving basket drive sponsored by the Montford Point Marine Association; during Black History Month he traveled with an exhibit chronicling the history of blacks in the military to schools in Chicago; he also worked with the organizers of the Bronzeville Military Academy on the exhibit; and WHEREAS, Sol Griffin was awarded and received recognition for his hard work and dedication to veterans affairs; it is with great sorrow that we express our sympathy to his loving wife, Loretta; his sons, Michael and Dennis; his daughter, Gail (Walidah); his sisters, Constance Fields and Thelma Jenkins; his grandchildren, Dennis, Jr., Saad, Rashad, Maya, Peaches, and Lionel; his three great-grandchildren; his cousins, the Gresham family; and many other relatives and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we again express sorrow at this time of loss to the family of Sol Leo Griffin, Jr.; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Sol Leo Griffin, Jr. HOUSE RESOLUTION 725 Offered by Representative Granberg: WHEREAS, The Jeanie Johnston was a famous Irish 19th century emigrant vessel; through rough waters, this seafaring ship made its way to America, carrying the precious cargo of men, women, and children to a new life; and WHEREAS, The Jeanie Johnston has been reproduced with a full-size replica; it was built at Blennerville, near Tralee, County Kerry, Ireland; work commenced in 1997 and the President of Ireland, Mary McAleese, laid the keel of the replica ship on May 5, 1998, exactly 150 years after the maiden voyage of the original Jeanie Johnston from Tralee to North America; and WHEREAS, The new Jeanie Johnston will visit both the United States and Canada beginning in April of 2000; she will stop at ports in New York City, Boston, Philadelphia, Chicago, Baltimore, Quebec, Washington, D.C., and elsewhere; President Clinton will greet the triple masted barque when it arrives in the United States; and WHEREAS, Volunteers from the United States and other countries worked with craftsmen from Ireland to reproduce the Jeanie Johnston; young people from North and South Ireland will serve as volunteer crew
15 [April 6, 2000] when the ship sails to America; and WHEREAS, In addition to the replica project, the Irish Emigration Research Project and the Irish 19th Emigration Research Centre have been established at Blennerville to focus on the history of the ship and the many passengers that sailed on her; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize the cooperative effort between Ireland and the United States in building the replica of the Jeanie Johnston; we congratulate all the people involved in this historic venture; when the Jeanie Johnston arrives in the United States it will be the culmination of many hours of hard work and devotion; and be it further RESOLVED, That suitable copies of this resolution be presented to President of Ireland Mary McAleese, Counsel General Eamon Hickey, Chairman of the Jeanie Johnston Committee Dr. Henry Lyons, United States Ambassador to Ireland Mr. Michael J. Sullivan, Cook County Board President John Stroger, former Senator George Mitchell of Maine, and Director of the Irish Emigration Research Project Helen O'Carroll. HOUSE RESOLUTION 726 Offered by Representative Hannig: WHEREAS, The members of the Illinois House of Representatives congratulate the Illinois Health Care Association (IHCA) on its 50th anniversary; and WHEREAS, The purpose of IHCA is to promote excellence in standards of care in long-term health care facilities and programs by exchange of information between its members, other community agencies, professional personnel, and the general public; and as a resource to long-term care professionals, IHCA promotes better care of patients and the development of solutions to problems which are common to the members of the Association; and WHEREAS, IHCA is celebrating its 50th anniversary on September 12, 2000, the celebration to include many of the former presidents of the Association and an opening address by Olympic gold medalist Peter Vidmar; and WHEREAS, IHCA is currently directed by former State Representative and Director of the Department of Public Health William L. Kempiners; and WHEREAS, IHCA is the largest professional trade association representing long-term care facilities and programs in Illinois; and WHEREAS, IHCA is recognized as a leader providing opportunities for professional development and personal growth; and WHEREAS, The members of IHCA are meeting in Springfield, Illinois, from September 11-13, 2000, for their annual convention and trade show which is focused on the theme "Going for the Gold in the New Millennium"; and WHEREAS, 4,000 long-term care professionals will be in attendance at the IHCA Convention and Trade Show; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Illinois Health Care Association on its 50th anniversary; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Illinois Health Care Association. HOUSE RESOLUTION 727 Offered by Representative Leitch: WHEREAS, 200 million Americans are served every day by public employees providing a wide range of services; and WHEREAS, Public employees take not just jobs but oaths; and WHEREAS, Many public employees risk their lives each day for the sake of the people of the United States whom they serve, as police officers, firefighters, border patrol officers, soldiers, embassy employees, military personnel, health care professionals, and in other
[April 6, 2000] 16 jobs that entail great personal risk; and WHEREAS, Public employees include the teachers in our schools; nurses to administer vaccines; computer technicians to pay out Social Security and Veteran's benefits, unemployment checks, and food stamps; safety inspectors for power plants, mines, and airplanes; food inspectors who ensure the safety of our grocery purchases; laborers who maintain our roads and bridges; transportation employees who get us safely to our destination via bus; and all the other people who provide the myriad of services demanded by the American people of their government; and WHEREAS, To pay for the high quality of these services, Americans have one of the lowest tax rates in the world; and WHEREAS, Without these public employees at every level, there could be no continuity in a democracy such as ours which regularly changes its leaders and elected officials; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we hereby designate the week of May 3-9, 2000 as Public Service Recognition Week; we encourage all citizens to recognize the accomplishments and contributions of public employees at all levels, federal, State, county, municipal, and special district; and be it further RESOLVED, That a suitable copy of this resolution be forwarded to Congressman Ray LaHood. HOUSE RESOLUTION 729 Offered by Representatives Biggins - Daniels - Bellock - McCarthy - Persico: WHEREAS, The Illinois House of Representatives wishes to acknowledge the winning season of the Montini Catholic High School Wrestling Team; and WHEREAS, The team record for 1999-2000 was an impressive 29-1; the team ended the season as the Hinsdale South Tournament Champions, the Geneva Invitational Champions, the Northern Illinois Independent Wrestling Conference Champions, the IHSA Class "A" Regional Champions, and the IHSA Class "A" State Champions; and WHEREAS, The State tournament was won by Montini Catholic beating Reed-Custer in the quarterfinals, Stanford-Olympia in the semifinals, and finally beating Clinton to earn the State Championship; and WHEREAS, The Illinois House of Representatives wishes to congratulate Principal James F. Segredo, Head Coach Mike Bukovsky, Assistants Jim Izzo, Jeff Bukovsky, Don Forysth, Chris Andriano, John Dziewiatkowski, and Karl Schmidt, and wrestlers, Scott Andriano, Chase Beebe, Cole Beebe, Joe Belgio, Pat Carey, Adam Clay, Mike Colianne, Craig Dziewiatkowski, Ted Echemann, Trevor Ekstrom, Tim Finegan, Rob Frytz, Mike Grimes, Ed Holden, Dan Jamieson, Rey Monis, Paul Murphy, Mike Norton, Ryan O'Connor, Jack Olin, Matt Piper, Mike Rusnak, Jim Ryan, Joel Shea, Joe Sipek, and Greg Strzempek on their truly remarkable season; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Montini Catholic Wrestling Team on a job well done; and be it further RESOLVED, That a suitable copy of this resolution be presented to Principal James F. Segredo, Coach Mike Bukovsky, and the superior wrestling team at Montini Catholic High School. HOUSE RESOLUTION 730 Offered by Representative Leitch: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestones in the lives of people of the State of Illinois; and WHEREAS, Marcella Teplitz was recently appointed to the Peoria Housing Authority (PHA) Board and now serves as president; while serving on the board, Ms. Teplitz provided the leadership necessary to stop the PHA from being seized by the Department of Housing and Urban
17 [April 6, 2000] Development; today the PHA has been taken off the troubled list and continues to make improvements and provide affordable housing for the families of Peoria; and WHEREAS, Marcella Teplitz was one of the first women hired in the Peoria Police Department; she was one of the first women in the nation to be hired as a patrol officer; she graduated first in her class at the Illinois Police Academy at the University of Illinois, and qualified as an expert marksman on the pistol range; she was promoted to sergeant and assigned to the juvenile department; she was the Manual School liaison; she was called to aid in homicide and felony investigations, even though she did not serve as a detective; she lectured around the country on women and patrol issues, and was featured in the magazine "True Detective"; and WHEREAS, Upon her resignation from police work, Marcella Teplitz began working towards solving problems in her neighborhood, the Randolph Roanoke Neighborhood; she became president of the Randolph Roanoke Residential Association, and saw a resolution between the troubles of the neighborhood and Methodist hospital; she was instrumental in acquiring a grant to establish a revolving loan fund for the neighborhood, and with the help of others, was able to rid the neighborhood of unwelcome elements; she is credited with making the neighborhood into the historic and beautiful area it is today; and WHEREAS, Marcella Teplitz is credited with doing so much as a community leader and truly deserves all accolades given to her; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Marcella Teplitz on a job well done; may she continue to be an example to those around her, showing what hard work and leadership can accomplish; and be it further RESOLVED, That a suitable copy of this resolution be presented to Marcella Teplitz. HOUSE RESOLUTION 731 Offered by Representative Black: WHEREAS, It is with great pleasure that the members of this Body welcome the opportunity to recognize citizens of this State who have made outstanding contributions to society; and WHEREAS, It has come to our attention that Dr. Bharat Mehta has announced his retirement after thirty-five years in medicine, twenty-seven of those years in Danville; and WHEREAS, As a youngster in Bombay, his father steered him into medicine; Bharat Mehta earned his pre-med degree in 1948 at Elphinstone College at Bombay University and his medical degree in 1954 from the University of Bombay's Sheth G.S. Medical School College; he did residencies and internships in internal medicine and general surgery in Bombay; and WHEREAS, After his residencies and internships, Dr. Mehta specialized in orthopedic surgery and settled in Danville twenty-seven years ago; and WHEREAS, Dr. Mehta became the first orthopedic surgeon to do joint replacement at St. Elizabeth Hospital, and helped many people of all ages throughout the years; and WHEREAS, Dr. Mehta plans to do consulting work at the veterans hospital and volunteer work in India; he and his wife, Asha, plan to travel; and WHEREAS, Dr. Bharat Mehta has earned the respect and admiration of all who have come to know him; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. Bharat Mehta on his retirement from Danville Polyclinic and wish him the best in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. Bharat Mehta.
[April 6, 2000] 18 HOUSE RESOLUTION 724 Offered by Representative Currie: WHEREAS, The members of the House of Representatives were saddened to learn of the death of Hans Gustav Guterbock, one of the world's foremost scholars on the ancient Near East, on Wednesday, March 29, 2000; and WHEREAS, Mr. Guterbock was the University of Chicago's Tiffany and Margaret Blake distinguished service professor emeritus in the Oriental Institute and the departments of Near Eastern Languages & Civilizations and Linguistics; he was co-editor of the Chicago Hittite Dictionary, the capstone of Mr. Guterbock's lifelong study of Hittite culture; and WHEREAS, Hans Guterbock was a giant in the development of the discipline of Hittitology, a discipline that he shaped and nurtured for more than fifty years; his interest and expertise in Hittitology were exemplified by his research and writings concerning the archeology, philology, and art history of the Hittites; and WHEREAS, A published author of many books, Mr. Guterbock received the American Oriental Society Medal of Merit in recognition of his lifetime contributions to the field of Hittitology; and WHEREAS, Mr. Guterbock was born in Berlin on May 27, 1908; his father was the secretary of a noted German archeological society and his mother was a novelist; and WHEREAS, He served on the staff of the Berlin Museum from 1933 to 1935, during which time he participated in archaeological expeditions to Boghazkoy, Turkey; he received his Ph.D. from Leipzig University in 1934 but left Germany because he could not find work under the Nazis; and WHEREAS, He was a member of the faculty of Ankara University in Turkey from 1936 until 1948; he spent the 1948-49 academic year as a guest lecturer at Sweden's Uppsala University; and WHEREAS, Mr. Guterbock joined the University of Chicago's Oriental Institute in 1949 and was named the Tiffany and Margaret Blake Distinguished Service Professor in 1959; he served as president of the American Oriental Society in 1962 and the American Research Institute in Turkey from 1968 until 1977; and WHEREAS, Mr. Guterbock's honors include elected membership to several learned societies worldwide, including the British Academy, the American Academy of Arts and Sciences, and the American Philosophical Society; and WHEREAS, Mr. Guterbock's passing will be deeply felt by his colleagues, his friends, and his family, especially his wife of sixty years, Frances; his sons, Thomas and Walter; his five grandchildren; and his great-granddaughter; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we note with sorrow and regret the death of Hans Gustav Guterbock and extend our sincere condolences to his colleagues, friends, and family; and be it further RESOLVED, That suitable copies of this resolution be presented to the family of Hans Gustav Guterbock. HOUSE RESOLUTION 733 Offered by Representative Joseph Lyons: WHEREAS, The State Employees and Universities Combined Appeal, otherwise known as SECA, has allowed State and university employees to make voluntary contributions to a variety of qualified charitable organizations at their workplace; and WHEREAS, This effort has resulted in millions of dollars being allocated to many charitable organizations throughout the State at no cost to the taxpayers; and WHEREAS, The operation of the SECA campaign is shared by the Office of the Lieutenant Governor and the Department of Central Management Services, with assistance from the Office of the Comptroller; and WHEREAS, There is an Advisory Committee of employees from various State executive officers, departments, and universities that are
19 [April 6, 2000] responsible for the operations of the campaign; and WHEREAS, This Advisory Committee has conducted its activities in a fair manner, keeping in mind the integrity of the campaign, the interests of State and university employees, and the interests of the participating charities; and WHEREAS, The membership of the Advisory Committee consists of the following dedicated State employees: Jodi Schrage, Chair, Department of Central Management Services; Doris Dicenso, Department of Revenue; John Farmer, Illinois State Police; Margarite Faulkner, Illinois Criminal Justice Information Authority; Nancy Hirsch, University of Illinois-Chicago; Melissa Riggins, Department of Human Services; Rick Dunbar, Department of Corrections; Larry Selinger and Carol Green, Office of the State Comptroller; Sue Jason, Department of Public Aid; James Johnson III, Department of Public Aid; Susie Smith, Department of Insurance; Barb White, Governor's Office; Bernadette Dorocke, CATS; and Amalia Rioja, Office of the State Comptroller; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate SECA and the Advisory Committee on a job well done; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Chair of the Advisory Committee, Ms. Jodi Schrage, in recognition of the service and dedication of all of the Committee members. HOUSE RESOLUTION 734 Offered by Representative Coulson: WHEREAS, James W. Smirles, Jack Mobley, Thomas E. Smith, and Paul H. Thomas served as Glenview's Centennial Committee Co-Chairs; and WHEREAS, They have all performed outstanding services toward the betterment of Glenview over many years; and WHEREAS, The committee planned events from November 25, 1998 through July 10, 1999 to celebrate Glenview's Centennial; and WHEREAS, James W. Smirles, Jack Mobley, Thomas E. Smith, and Paul H. Thomas made outstanding contributions and unselfish devotion in planning Glenview's Centennial Celebration; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we support the efforts of the Committee and recognize them as Community Leaders Extraordinaire; and be it further RESOLVED, That suitable copies of this resolution be presented to James W. Smirles, Jack Mobley, Thomas E. Smith, and Paul H. Thomas. RESOLUTIONS The following resolutions were offered and placed in the Committee on Rules. HOUSE RESOLUTION 719 Offered by Representative Franks: WHEREAS, McHenry County is one of the fastest growing counties in Illinois and the eighth fastest growing in the nation with a particularly heavy demand for internet access; and WHEREAS, On March 21, 2000, the voters in six communities in McHenry County overwhelmingly approved a non-binding ballot measure asking the Illinois General Assembly to pass legislation requiring the improvement of telephone service in the county; and WHEREAS, The federal Telecommunications Act of 1996 (P.L. 104-104) has created a new regulatory framework whose objectives are to increase consumer choice, lower consumer prices, increase efficiency, promote technological advances, and increase investment in developing information infrastructure; and WHEREAS, Through the federal telecommunications law and through regulations established by the Federal Communications Commission (FCC), states were given responsibility for establishing and enforcing
[April 6, 2000] 20 policies to further the goal of competition in the local telephone market; and WHEREAS, The Illinois General Assembly passed P.A. 90-0185 in 1997 which recognized passage of the federal telecommunications law by authorizing the Illinois Commerce Commission to (1) approve more than one company to provide local telephone service, (2) use its initiative to investigate and determine if services are properly classified as competitive or noncompetitive, (3) order refunds for overcharges, and (4) allow telephone companies to offer packaged or bundled telecommunications services; therefore, be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we respectfully urge the Illinois General Assembly to pass legislation which establishes the following priorities for telecommunications companies providing local phone service to customers in villages and unincorporated areas in McHenry County, Illinois, and directs the Illinois Commerce Commission to require those telecommunications companies to implement the following improvements and services: Calling Area/Rate Structure - a company currently providing local phone service will work with the Illinois Commerce Commission to develop a local telephone calling plan for an area up to 15 miles from a local exchange; Enhanced Services and Value Packages - make the following enhanced services available within 60 days: caller ID, voice mail, *69, 3-way calling, call forwarding, call waiting, repeat dialing, and see and speed calling; Value packages which combine various services should be offered to customers at a discount; Community Involvement - a company currently providing local phone service will become an active member of the local business community; Pay Telephones - a company currently providing local phone service will delay its proposed plan to remove pay telephones from prominent locations such as municipal buildings; Emergency Phone Number - a company providing local phone service should identify a number which can be called by municipal agencies, including police and fire departments, during off-hours when phone service is disrupted; and Infrastructure Spending - a company providing local telephone service will make a commitment to work with local units of government to identify areas where infrastructure should be upgraded to provide modern telephone service to customers with the company identifying, on an annual basis, the amount to be spent for infrastructure improvement as well as specific projects to be completed; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Speaker and Minority Leader of the House, the President and Minority Leader of the Senate, the Governor, the Chairman of the Illinois Commerce Commission, and the Mayor or President of the Villages of Spring Grove, Ringwood, Hebron, Greenwood, and Richmond, Illinois. HOUSE RESOLUTION 723 Offered by Representative Parke: WHEREAS, The Unemployment Insurance Trust Fund is funded by taxes paid by employers; and WHEREAS, The Unemployment Insurance Trust Fund ended with a balance of over $2 billion dollars at the end of 1999; and WHEREAS, Benefits to unemployed workers could be paid for nearly 20 months without a single tax dollar being paid into the Trust Fund; and WHEREAS, Sound public policy calls for a Trust Fund of adequate size to pay benefits for unemployed workers without unnecessarily draining away resources from employers that could be better utilized in the Illinois economy; therefore be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that there be created a
21 [April 6, 2000] subcommittee on unemployment insurance of the House Committee on Labor and Commerce; and be it further RESOLVED, That the subcommittee be directed to conduct hearings throughout the State during the year 2000, accumulate data relating to House Bill 3157 and other issues important to employees and employers regarding unemployment insurance, and develop recommendations to be submitted to the full House Labor and Commerce Committee, the Speaker of the House, and the Minority Leader of the House by December 1, 2000. HOUSE RESOLUTION 728 Offered by Representative Younge: BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Board of Higher Education, the Illinois Community College Board, and the State Board of Education shall conduct an analysis of the educational needs of the East St. Louis metropolitan area, with the aim of enhancing educational opportunity and educational achievement in the region; and be it further RESOLVED, That the analysis shall include the full spectrum of education, from pre-school through higher education, and shall be undertaken in consultation with the citizens of the East St. Louis area and the educational entities now operating in the East St. Louis area; and be it further RESOLVED, That the Board of Higher Education, the Illinois Community College Board, and the State Board of Education shall make a preliminary report to the Governor and the General Assembly during the fall 2000 Session of the General Assembly and a second report during February 2001; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Chairperson of the Board of Higher Education, the Chairperson of the Illinois Community College Board, and the Chairperson of the State Board of Education. HOUSE RESOLUTION 732 Offered by Representative Lopez: WHEREAS, Smoking by teenagers is a matter of great concern, and the public has an objective of reducing or eliminating smoking by teenagers; the common perception is that, despite safeguards, teenagers frequently are able to get cigarettes from vending machines; and WHEREAS, The House of Representatives should authorize a study to find a way of removing cigarette vending machines from use without disrupting the conduct of business in Illinois by, for example, generating a loss of revenue or a significant loss of jobs; and WHEREAS, The House of Representatives should establish a task force to study the elimination of cigarette vending machines in the State; the task force should consist of members of the House of Representatives and representatives of the vending machine industry, the tobacco industry, and entities and organizations concerned with issues related to health as it is affected by tobacco use; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Cigarette Vending Machine Task Force is created; and be it further RESOLVED, That the Task Force shall consist of the following members: (1) Four members of the House of Representatives, appointed 2 each by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; (2) Two representatives of the vending machine industry, appointed one each by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; (3) One representative of the tobacco industry, appointed jointly by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives;
[April 6, 2000] 22 (4) One representative of hospitals, appointed jointly by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; (5) One representative of not-for-profit organizations concerned with the prevention and treatment of cancer, appointed jointly by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; (6) One representative of not-for-profit organizations concerned with the prevention and treatment of diseases of the lungs and respiratory system, appointed jointly by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and (7) One representative of the public, appointed by the Governor; and be it further RESOLVED, That the task force shall study ways to eliminate cigarette vending machines in the State, including ways to provide compensation to businesses for the elimination of cigarette vending machines so that Illinois businesses will not be put at risk; and be it further RESOLVED, That the task force shall conduct an appropriate number of hearings throughout the State on the matter of eliminating cigarette vending machines in the State; the hearings shall be open to the public and shall afford interested persons an opportunity to present oral or written testimony to the task force; and be it further RESOLVED, That the task force shall report its findings and recommendations to the House of Representatives and the Governor by December 31, 2000; and be it further RESOLVED, That a copy of this resolution shall be forwarded to the Governor. HOUSE RESOLUTION 735 Offered by Representative Flowers: WHEREAS, Indigency has been a persistent social problem throughout history and has reached an intolerable level throughout our country; and WHEREAS, People in urban, suburban, and rural areas of Illinois experience indigency, proving that it is not just a big city problem; and WHEREAS, Each year sees an increase in the number of deaths among those who lack funds to provide the barest essentials of life; and WHEREAS, Bitter cold winters and extremely hot summers have cost the lives of those individuals who simply could not afford heating or air coolants and died from exposure; and WHEREAS, In remembering those who have died, we must reach out to help those in need; the extent to which our society can counter the effects of indigency is a good measure of its humaneness; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we proclaim Wednesday, May 24, 2000, as "We Remember, We Care for Indigent Persons Day in Illinois", and that we urge all citizens to observe, inform themselves of, and support efforts to care for the indigent; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Memorial Ministry for Indigent Persons in memory of W. Earl Lewis. HOUSE JOINT RESOLUTION 59 Offered by Representative Burke: WHEREAS, Illinois residential mortgage foreclosures have increased nearly forty times since 1993 according to a recent published foreclosure report by the National Training and Information Center; and WHEREAS, These residential mortgage foreclosures appear to result from unscrupulous lending practices involving misleading marketing and high pressure lending tactics, excessive fees, exorbitant interest
23 [April 6, 2000] rates, and hidden loan terms; and WHEREAS, These lending practices and high cost loans strip hard earned equity from Illinois homeowners who cannot ever afford to repay; and WHEREAS, These lending practices contribute to an increase in abandoned homes which leads to greater drug and crime activity in and around those vacant homes; and WHEREAS, Regulatory oversight of these lenders who engage in these lending practices has been at best inadequate; and WHEREAS, The Illinois General Assembly desires additional information concerning the extent of these lending practices in Illinois to better determine an appropriate legislative and regulatory response to the alarming incidence of mortgage default and foreclosure; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Commissioner of Banks and Real Estate is directed, pursuant to Section 48 of the Illinois Banking Act (205 ILCS 5/48) and Sections 4-1 through 4-14 of the Residential Mortgage License Act of 1987 (205 ILCS 635/4-1 through 4-14), to prepare and deliver on or before November 1, 2000 to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives a report detailing the following: 1. The number of high cost loans - meaning loans with an annual percentage rate exceeding by 5 or more percentage points the yield on the United States securities having comparable periods of maturity to the loan's maturity, measured as of the 15th day of each month - made by the licensee, since January 1, 1996; 2. The market share ratio of the licensee's refinance loans in minority census tracts to non-minority census tracts, since January 1, 1996; 3. The market share ratio of the licensee's refinance loans in low and moderate income census tracts to middle and upper income census tracts, with ratios of high cost loans broken out separately and considering each licensee and affiliate separately in the calculations, since January 1, 1996; 4. The number of foreclosures upon residential properties including FHA and non-FHA loans in each legislative district, since January 1, 1996; 5. The ratio of foreclosures upon residential properties including FHA and non-FHA loans in minority census tracts to non-minority tracts, since January 1, 1996; 6. The ratio of foreclosures upon residential properties including FHA and non-FHA loans in low and moderate income census tracts to middle and upper income census tracts, since January 1, 1996; 7. The number of defaults in residential mortgage loans brokered in each legislative district by year, since January 1, 1996; 8. The number of residential home purchase complaints in each legislative district expressed by a mortgagor to the Office including but not limited to complaints of fraudulent, high-pressure, and misleading marketing and sales efforts to sell high cost loans; excessive fees and exorbitant interest rates; the financing of those excessive origination fees as well as fees for excessively priced products into high cost loans, since January 1, 1996; 9. The number of short-term balloon payment plans utilized in each legislative district, since January 1, 1996; and 10. The number of residential mortgage loans in each legislative district that where refinanced and charged additional points, charges, or other costs and secured by residential real estate within a two year period after the original loan was made, since January 1, 1996; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the Commissioner of Banks and Real Estate.
[April 6, 2000] 24 HOUSE JOINT RESOLUTION 60 Offered by Representative Moore: WHEREAS, In 1965, the U.S. Congress created the Land and Water Conservation Fund (LWCF) to ensure that all Americans have access to high quality recreation resources, to enhance the health and vitality of the nation, and to preserve valuable habitat; and WHEREAS, Investments from the Fund support the creation of public parks, efficient management of forests, and preservation of clean water and open spaces and guarantee outdoor recreational opportunities and other social and environmental objectives for Illinois; and WHEREAS, Since its creation, the LWCF has been used to acquire nearly 7,000,000 acres of parks, public forests, and open space, including the development of more than 37,000 state and local resource conservation and recreation projects, including playgrounds, ball fields, swimming pools, scenic trails, and nature preserves; and WHEREAS, From 1965 through 1995, Illinois received $133 million in LWCF funding for the acquisition of 55,620 acres of parks and conservation areas and for the construction of outdoor recreational facilities; and WHEREAS, The LWCF Act is authorized to invest $900 million annually in recreational resources, principally from public revenue received from off-shore oil and gas extraction; and WHEREAS, The U.S. Congress envisioned and encouraged, and the Act authorizes, federal-state-local partnerships to create a national network of public parks and other recreation resources accessible to all people; and WHEREAS, Since 1995, the federal program has been underfunded and no allocations have been made to fund the stateside grants program, though the enabling legislation provided for such allocations and encouraged the U.S. Congress to provide federal acquisition of public park land and "close to home" recreation opportunities; and WHEREAS, Without congressional allocations for the LWCF stateside matching grant program, states and localities are limited in their capacity to acquire and develop parks and open space and to preserve natural areas or provide funds to local jurisdictions for the creation of neighborhood recreational facilities; and WHEREAS, State and local governments equally match federal fiscal resources, then assume all costs of management and provision of recreation services, thus containing the costs of potential federal actions to meet public demand; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we urge the U.S. Congress to pass legislation that will provide full and permanent funding for the Land and Water Conservation Fund; and be it further RESOLVED, That we call upon the U.S. Congress to pass HR 701 and S 2123, the Conservation and Reinvestment Act (CARA), during its session in 2000; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Speaker of the U.S. House of Representatives, Dennis Hastert, Senator Richard Durbin, Senator Peter Fitzgerald, and each member of the Illinois congressional delegation as an indication of the overwhelming support this initiative has in Illinois. HOUSE JOINT RESOLUTION 61 Offered by Representative Crotty: WHEREAS, Improving educational results for children with disabilities is an essential element of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities; and WHEREAS, It is the policy of this State to ensure that all children with disabilities have available to them a free, appropriate public education, in the least restrictive environment, that emphasizes special education and related services designed to meet their unique
25 [April 6, 2000] needs and prepare them for employment and independent living; and WHEREAS, A highly skilled and qualified special education teacher workforce is critical to ensuring that children with disabilities will have the skills and knowledge necessary to meet their developmental goals, to meet, to the maximum extend possible, those challenging expectations that have been set for all children, and to be prepared to lead productive, independent adult lives; and WHEREAS, More than 2 years ago, the State Board of Education began working with a wide variety of stakeholders to identify standards that Illinois teachers need to know and be able to do to earn initial certification; and WHEREAS, That process was accelerated with respect to special education teachers as a result of the Corey H. lawsuit and settlement agreement; and WHEREAS, The State Board of Education has proposed a new special education certification structure that recognizes a common core of instructional skills that special education teachers need in working with their students; and WHEREAS, The General Assembly is concerned that children with disabilities be provided with the most effective and appropriately trained special education teachers; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the State Board of Education is directed to refrain from implementing any new system for the certification of special education teachers until January 1, 2001 and to consult with the legislative leadership and appropriate committees before implementation; and be it further RESOLVED, That such consultation shall include but not be limited to (i) the provision of a written rationale for any decision, including alternatives considered, by the State Board of Education to implement a new system for the certification of special education teachers and (ii) participation by the State Board of Education in a hearing or hearings before the appropriate legislative committee or committees; and be it further RESOLVED, That such committees of the House and Senate as may be directed by the Speaker of the House and President of the Senate, respectively, hold hearings and study the issue of the certification of special education teachers and report their findings and recommendations back to their respective chambers by no later than December 15, 2000; and be it further RESOLVED, That the State Board of Education is directed to provide such information as may be requested by the study committees to assist them in carrying out their work; and be it further RESOLVED, That suitable copies of this resolution be sent to the State Board of Education, the State Superintendent of Education, and the State Teacher Certification Board. SENATE BILLS ON SECOND READING Having been read by title a second time on April 5, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 1851. SENATE BILL 730. Having been read by title a second time on March 29, 2000, and held on the order of Second Reading, the same was again taken up. Committee Amendment No. 1 was withdrawn in the Committee on Judiciary II-Criminal Law. Representative Scott offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 730
[April 6, 2000] 26 AMENDMENT NO. 2. Amend Senate Bill 730 by replacing the title with the following: "AN ACT to amend the Juvenile Court Act of 1987 by adding Section 5-160."; and by replacing everything after the enacting clause with the following: "Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-160 as follows: (705 ILCS 405/5-160 new) Sec. 5-160. Representation by counsel. In a proceeding under this Article, a minor who was under 13 years of age at the time of the commission of an act that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 must be represented by counsel during the entire custodial interrogation of the minor.". 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 BILL 1645. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1645 AMENDMENT NO. 1. Amend Senate Bill 1645 on page 2, immediately below line 22, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was again held on the order of Second 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 Giglio, SENATE BILL 1353 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RESOLUTIONS Having been reported out of the Committee on Rules on February 3, 2000, HOUSE RESOLUTION 93 was taken up for consideration. Representative McKeon moved the adoption of the resolution. The motion prevailed and the Resolution was adopted.
27 [April 6, 2000] SENATE BILLS ON SECOND READING SENATE BILL 1426. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Meyer offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1426 AMENDMENT NO. 1. Amend Senate Bill 1426 as follows: on page 1, by replacing line 1 with the following: "AN ACT in relation to education."; and on page 1, immediately below line 3, by inserting the following: "Section 3. The School Code is amended by changing Sections 2-3.13a and 10-22.6 as follows: (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) Sec. 2-3.13a. Scholastic records; transferring students. The State Board of Education shall establish and implement rules requiring all of the public schools and all private or nonpublic elementary and secondary schools located in this State, whenever any such school has a student who is transferring to any other public elementary or secondary school located in this or in any other state, to forward within 10 days of notice of the student's transfer an unofficial record of that student's grades to the school to which such student is transferring. Each public school at the same time also shall forward to the school to which the student is transferring the remainder of the student's school student records as required by the Illinois School Student Records Act. In addition, if a student is transferring from a public school, whether located in this or any other state, from which the student has been suspended or expelled for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has not expired at the time the student attempts to transfer into another public school in the same or any other school district: (i) any school student records required to be transferred shall include the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into the Department of Corrections school district, the student shall not be permitted to attend class in the public school into which he or she is transferring until the student has served the entire period of the suspension or expulsion imposed by the school from which the student is transferring, provided that the school board may approve the placement of the student in an alternative school program established under Article 13A of this Act. A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code for the remainder of the suspension or expulsion. Each public school and each private or nonpublic elementary or secondary school in this State shall within 10 days after the student has paid all of his or her outstanding fines and fees and at its own expense forward an official transcript of the scholastic records of each student transferring from that school in strict accordance with the provisions of this Section and the rules established by the State Board of Education as herein provided. The State Board of Education shall develop a one-page standard form that Illinois school districts are required to provide to any student who is moving out of the school district and that contains the information about whether or not the student is "in good standing" and whether or not his or her medical records are up-to-date and complete.
[April 6, 2000] 28 As used in this Section, "in good standing" means that the student is not being disciplined by a suspension or expulsion, but is entitled to attend classes. No school district is required to admit a new student who is transferring from another Illinois school district unless he or she can produce the standard form from the student's previous school district enrollment. No school district is required to admit a new student who is transferring from an out-of-state public school unless the parent or guardian of the student certifies in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring. (Source: P.A. 91-365, eff. 7-30-99.) (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) Sec. 10-22.6. Suspension or expulsion of pupils; school searches. (a) To expel pupils guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. (b) To suspend or by regulation to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review, a copy of which shall be given to the school board. Upon request of the parents or guardian the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. (c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension. (d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis. A student who is determined to have brought a weapon to school, any school-sponsored activity or event, or any activity or event which bears a reasonable relationship to school shall be expelled for a period of not less than one year, except that the expulsion period may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case by case basis. For the purpose of this Section, the term "weapon" means (1) possession, use, control, or transfer of any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18, United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Act, or use of a weapon as defined in Section 24-1 of the Criminal Code, (2) any other
29 [April 6, 2000] object if used or attempted to be used to cause bodily harm, including but not limited to, knives, brass knuckles, or billy clubs, or (3) "look alikes" of any weapon as defined in this Section. Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school districts, including special charter districts and districts organized under Article 34. (e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities. The provisions of this subsection (e) apply in all school districts, including special charter districts and districts organized under Article 34. (f) Suspension or expulsion may include suspension or expulsion from school and all school activities and a prohibition from being present on school grounds. (g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code for the remainder of the suspension or expulsion. This subsection (g) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code. (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 1-1-98; 90-757, eff. 8-14-98.)"; and on page 2, lines 29 and 30; on page 7, lines 15 and 16; on page 13, lines 19 and 20; and on page 20, lines 27 and 28, by changing "chief administrative officer" wherever it appears to "superintendent". 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 BILL 1871. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on State Government Administration, adopted and printed.
[April 6, 2000] 30 AMENDMENT NO. 1 TO SENATE BILL 1871 AMENDMENT NO. 1. Amend Senate Bill 1871 on page 1, by inserting below line 3 the following: "Section 3. The State Comptroller Act is amended by changing Section 14 as follows: (15 ILCS 405/14) (from Ch. 15, par. 214) Sec. 14. Forms of documents. The Comptroller may prescribe and require State agencies to use forms for all documents required by law in the performance of his duties or which he may reasonably require therefor. The Comptroller may prescribe by rule the general nature of information to be contained in contracts required to be filed with him under Section 20-80 of the Illinois Procurement Code
31 [April 6, 2000] 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 BILL 1693. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1693 AMENDMENT NO. 1. Amend Senate Bill 1693 on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning taxation."; and on page 1, by replacing line 6 with the following: "Sections 21-295, 21-310 and 21-355 as follows: (35 ILCS 200/21-295) Sec. 21-295. Creation of indemnity fund. (a) In counties of less than 3,000,000 inhabitants, each person purchasing any property at a sale under this Code shall pay to the County Collector, prior to the issuance of any certificate of purchase, a fee of $20 for each item purchased. A like sum shall be paid for each year that all or a portion of subsequent taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate of purchase is recorded. (a-5) In counties of 3,000,000 or more inhabitants, each person purchasing property at a sale under this Code shall pay to the County Collector a fee of $80 for each item purchased plus an additional sum equal to 5% of
[April 6, 2000] 32 "(c) When, upon application of an owner of homestead property at any time before the issuance of a tax deed, the court determines that both of the following conditions are met, the court shall declare the sale to be a sale in error: (1) the property owner has tendered timely payment of the property taxes that he or she reasonably believed were due and owing on the homestead property; and (2) the taxes were not properly applied to the property identification number of the homestead property by the county collector. (d) If a sale is declared to be a sale in error, the county"; and on page 3, line 3, after "purchase", by inserting the following: "or the property owner pursuant to subsection (c)"; and on page 3, by deleting lines 9 and 10; and on page 3, immediately below line 11, by inserting the following: "(35 ILCS 200/21-355) Sec. 21-355. Amount of redemption. Any person desiring to redeem shall deposit an amount specified in this Section with the county clerk of the county in which the property is situated, in legal money of the United States, or by cashier's check, certified check, post office money order or money order issued by a financial institution insured by an agency or instrumentality of the United States, payable to the county clerk of the proper county. The deposit shall be deemed timely only if actually received in person at the county clerk's office prior to the close of business as defined in Section 3-2007 of the Counties Code on or before the expiration of the period of redemption or by United States mail with a post office cancellation mark dated not less than one day prior to the expiration of the period of redemption. The deposit shall be in an amount equal to the total of the following: (a) the certificate amount, which shall include all tax principal, special assessments, interest and penalties paid by the tax purchaser together with costs and fees of sale and fees paid under Sections 21-295 and 21-315 through 21-335; (b) the accrued penalty, computed through the date of redemption as a percentage of the certificate amount, as follows: (1) if the redemption occurs on or before the expiration of 6 months from the date of sale, the certificate amount times the penalty bid at sale; (2) if the redemption occurs after 6 months from the date of sale, and on or before the expiration of 12 months from the date of sale, the certificate amount times 2 times the penalty bid at sale; (3) if the redemption occurs after 12 months from the date of sale and on or before the expiration of 18 months from the date of sale, the certificate amount times 3 times the penalty bid at sale; (4) if the redemption occurs after 18 months from the date of sale and on or before the expiration of 24 months from the date of sale, the certificate amount times 4 times the penalty bid at sale; (5) if the redemption occurs after 24 months from the date of sale and on or before the expiration of 30 months from the date of sale, the certificate amount times 5 times the penalty bid at sale; (6) if the redemption occurs after 30 months from the date of sale and on or before the expiration of 36 months from the date of sale, the certificate amount times 6 times the penalty bid at sale. In the event that the property to be redeemed has been purchased under Section 21-405
33 [April 6, 2000] interest on those taxes and special assessments and costs charged in connection with the payment of those taxes or special assessments, which have been paid by the tax certificate holder on or after the date those taxes or special assessments became delinquent together with 12% penalty on each amount so paid for each year or portion thereof intervening between the date of that payment and the date of redemption. In counties with less than 3,000,000 inhabitants, however, a tax certificate holder may not pay all or part of an installment of a subsequent tax or special assessment for any year, nor shall any tender of such a payment be accepted, until after the second or final installment of the subsequent tax or special assessment has become delinquent or until after the holder of the certificate of purchase has filed a petition for a tax deed under Section 22.30. The person redeeming shall also pay the amount of interest charged on the subsequent tax or special assessment and paid as a penalty by the tax certificate holder. This amendatory Act of 1995 applies to tax years beginning with the 1995 taxes, payable in 1996, and thereafter. (d) Any amount paid to redeem a forfeiture occurring subsequent to the tax sale together with 12% penalty thereon for each year or portion thereof intervening between the date of the forfeiture redemption and the date of redemption from the sale. (e) Any amount paid by the certificate holder for redemption of a subsequently occurring tax sale. (f) All fees paid to the county clerk under Section 22-5. (g) All fees paid to the registrar of titles incident to registering the tax certificate in compliance with the Registered Titles (Torrens) Act. (h) All fees paid to the circuit clerk and the sheriff or coroner in connection with the filing of the petition for tax deed and service of notices under Sections 22-15 through 22-30 and 22-40 in addition to (1) a fee of $35 if a petition for tax deed has been filed, which fee shall be posted to the tax judgement, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; (2) a fee of $4 if a notice under Section 22-5 has been filed, which fee shall be posted to the tax judgment, sale, redemption, and forfeiture record, to be paid to the purchaser or his or her assignee; and (3) all costs paid to record a lis pendens notice in connection with filing a petition under this Code. The fees in (1) and (2) of this paragraph (h) shall be exempt from the posting requirements of Section 21-360. (i) All fees paid for publication of notice of the tax sale in accordance with Section 22-20. (j) All sums paid to any city, village or incorporated town for reimbursement under Section 22-35. (k) All costs and expenses of receivership under Section 21-410, to the extent that these costs and expenses exceed any income from the property in question, if the costs and expenditures have been approved by the court appointing the receiver and a certified copy of the order or approval is filed and posted by the certificate holder with the county clerk. Only actual costs expended may be posted on the tax judgment, sale, redemption and forfeiture record. (Source: P.A. 88-455; 89-57, eff. 6-30-95; 89-69, eff. 6-30-95; 89-626, eff. 8-9-96.) Section 10. The Code of Civil Procedure is amended by adding Section 12-144.5 and changing Section 12-145 as follows: (735 ILCS 5/12-144.5 new) Sec. 12-144.5. Report of sale and confirmation of sale. (a) When the premises mentioned in the certificate are not redeemed in pursuance of law, the legal holder of the certificate shall promptly make a report to the court that issued the underlying judgment. The report shall include a copy of the certificate of sale; an affidavit, under oath, containing a good faith appraisal of the fair market value of the property; and a listing of all liens and mortgages including the value thereof.
[April 6, 2000] 34 (b) Upon motion and notice in accordance with court rules applicable to motions generally, including notice to the judgment debtor, the court issuing the underlying judgment shall conduct a hearing to confirm the sale. Unless the court finds that (i) notice as required by law was not given, (ii) the terms of the sale were unconscionable, (iii) the sale was conducted fraudulently, or (iv) justice was otherwise not done, the court shall then enter an order confirming the sale. In making these findings, the court shall take into account the purchase price at the sale in relation to the fair market value of the property less the value of any mortgages and liens. (735 ILCS 5/12-145) (from Ch. 110, par. 12-145) Sec. 12-145. Time of execution of deed. When the premises mentioned in such certificate are not redeemed in pursuance of law, and the court issuing the underlying judgment has entered an order confirming the sale in accordance with Section 12-144.5, the legal holder of the certificate is entitled to a deed therefor at any time within 5 years from the expiration of the time of redemption. The deed shall be executed by the sheriff or other officer who made the sale, or by his or her successor in office, or by some person specially appointed by the court for the purpose. If the deed is not taken within the time limited by Part 1 of Article XII of this Act, the certificate of purchase is void unless the purchaser under the certificate of sale has gone into possession of the premises under and in reliance on the certificate of sale within the 5 year period. If, however, the deed is wrongfully withheld by the officer whose duty it is to execute it, or if the execution of the deed is restrained by injunction or order of a court, the time during which the deed is so withheld or the execution thereof restrained shall not be considered as any part of the 5 years within which the holder is required to take a deed. (Source: P.A. 83-707.) Section 99. Effective date. This Section and the changes to Sections 21-295 of the Property Tax Code take effect upon becoming law.". On motion of Representative Hamos, Amendment No. 1 was ordered to lie on the table. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1693 AMENDMENT NO. 2. Amend Senate Bill 1693 on page 1, by replacing lines 1 and 2 with the following: "AN ACT concerning taxation."; and on page 1, by replacing line 6 with the following: "Sections 21-295, 21-310 and 21-355 as follows: (35 ILCS 200/21-295) Sec. 21-295. Creation of indemnity fund. (a) In counties of less than 3,000,000 inhabitants, each person purchasing any property at a sale under this Code shall pay to the County Collector, prior to the issuance of any certificate of purchase, a fee of $20 for each item purchased. A like sum shall be paid for each year that all or a portion of subsequent taxes are paid by the tax purchaser and posted to the tax judgment, sale, redemption and forfeiture record where the underlying certificate of purchase is recorded. (a-5) In counties of 3,000,000 or more inhabitants, each person purchasing property at a sale under this Code shall pay to the County Collector a fee of $80 for each item purchased plus an additional sum equal to 5% of
35 [April 6, 2000] the tax judgment, sale, redemption, and forfeiture record, plus an additional sum equal to 5% of all subsequent taxes, interest, and penalties. The additional 5% fees are
[April 6, 2000] 36 the date of sale, the certificate amount times 3 times the penalty bid at sale; (4) if the redemption occurs after 18 months from the date of sale and on or before the expiration of 24 months from the date of sale, the certificate amount times 4 times the penalty bid at sale; (5) if the redemption occurs after 24 months from the date of sale and on or before the expiration of 30 months from the date of sale, the certificate amount times 5 times the penalty bid at sale; (6) if the redemption occurs after 30 months from the date of sale and on or before the expiration of 36 months from the date of sale, the certificate amount times 6 times the penalty bid at sale. In the event that the property to be redeemed has been purchased under Section 21-405
37 [April 6, 2000] for reimbursement under Section 22-35. (k) All costs and expenses of receivership under Section 21-410, to the extent that these costs and expenses exceed any income from the property in question, if the costs and expenditures have been approved by the court appointing the receiver and a certified copy of the order or approval is filed and posted by the certificate holder with the county clerk. Only actual costs expended may be posted on the tax judgment, sale, redemption and forfeiture record. (Source: P.A. 88-455; 89-57, eff. 6-30-95; 89-69, eff. 6-30-95; 89-626, eff. 8-9-96.) Section 10. The Code of Civil Procedure is amended by adding Section 12-144.5 and changing Section 12-145 as follows: (735 ILCS 5/12-144.5 new) Sec. 12-144.5. Report of sale and confirmation of sale. (a) When the premises mentioned in the certificate are not redeemed in pursuance of law, the legal holder of the certificate shall promptly make a report to the court that issued the underlying judgment. The report shall include a copy of the certificate of sale; an affidavit, under oath, containing a good faith appraisal of the fair market value of the property; and a listing of all liens and mortgages including the value thereof. (b) Upon motion and notice in accordance with court rules applicable to motions generally, including notice to the judgment debtor, the court issuing the underlying judgment shall conduct a hearing to confirm the sale. Unless the court finds that (i) notice as required by law was not given, (ii) the terms of the sale were unconscionable, (iii) the sale was conducted fraudulently, or (iv) justice was otherwise not done, the court shall then enter an order confirming the sale. In making these findings, the court shall take into account the purchase price at the sale in relation to the fair market value of the property less the value of any mortgages and liens. (735 ILCS 5/12-145) (from Ch. 110, par. 12-145) Sec. 12-145. Time of execution of deed. When the premises mentioned in such certificate are not redeemed in pursuance of law, and the court issuing the underlying judgment has entered an order confirming the sale in accordance with Section 12-144.5, the legal holder of the certificate is entitled to a deed therefor at any time within 5 years from the expiration of the time of redemption. The deed shall be executed by the sheriff or other officer who made the sale, or by his or her successor in office, or by some person specially appointed by the court for the purpose. If the deed is not taken within the time limited by Part 1 of Article XII of this Act, the certificate of purchase is void unless the purchaser under the certificate of sale has gone into possession of the premises under and in reliance on the certificate of sale within the 5 year period. If, however, the deed is wrongfully withheld by the officer whose duty it is to execute it, or if the execution of the deed is restrained by injunction or order of a court, the time during which the deed is so withheld or the execution thereof restrained shall not be considered as any part of the 5 years within which the holder is required to take a deed. (Source: P.A. 83-707.) Section 99. Effective date. This Section and the changes to Sections 21-295 of the Property Tax Code take effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. Floor Amendment No. 3 remained in the Committee on Rules. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 1693
[April 6, 2000] 38 AMENDMENT NO. 4. Amend Senate Bill 1693, AS AMENDED, in Section 5, Sec. 21-310, by replacing subdivision (a)(5.5) with the following: "(5.5) the owner of the homestead property had tendered timely and full payment to the county collector that the owner reasonably believed was due and owing on the homestead property, and the county collector did not apply the payment to the homestead property; provided that this provision applies only to homeowners, not their agents or third-party payors,". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 2 and 4 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Zickus, SENATE BILL 1735 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1249. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Boland offered and withdrew Amendment No. 1. Representative Boland offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1249 AMENDMENT NO. 2. Amend Senate Bill 1249 by replacing lines 22 through 30 on page 1 and lines 1 through 3 on page 2 with the following: "The ordinance or resolution must include a provision requiring that eligibility notification of the special real property tax relief be delivered to the record owner of the property taxed. The eligibility notification shall be mailed to the address of the record owner on file with the county. If the notification is mailed by the county to a mortgagee because it is the only address of the record owner filed with the county, then the mortgagee shall, within 30 days of receipt, forward a copy of the notice to each mortgagor of the property. There shall be no liability for the failure of the mortgagee to forward the notice to each mortgagor.". 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
39 [April 6, 2000] Third Reading. SENATE BILL 1281. Having been recalled on March 28, 2000, 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 1281 AMENDMENT NO. 2. Amend Senate Bill 1281 on page 6, in line 21, after "cash", by inserting "or an award of comparable monetary value". 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 again held on the order of Second Reading. SENATE BILL 1451. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Urban Revitalization, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1451 AMENDMENT NO. 1. Amend Senate Bill 1451 on page 1, lines 2 and 6, by replacing "Sections 8-8-3.5 and 11-74.6-22" each time it appears with "Sections 8-8-3.5, 11-74.4-5, and 11-74.6-22"; and on page 1, immediately below line 29, by inserting the following: "(65 ILCS 5/11-74.4-5) (from Ch. 24, par. 11-74.4-5) Sec. 11-74.4-5. (a) The changes made by this amendatory Act of the 91st General Assembly do not apply to a municipality that, (i) before the effective date of this amendatory Act of the 91st General Assembly, has adopted an ordinance or resolution fixing a time and place for a public hearing under this Section or (ii) before July 1, 1999, has adopted an ordinance or resolution providing for a feasibility study under Section 11-74.4-4.1, but has not yet adopted an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4, until after that municipality adopts an ordinance approving redevelopment plans and redevelopment projects or designating redevelopment project areas under Section 11-74.4-4; thereafter the changes made by this amendatory Act of the 91st General Assembly apply to the same extent that they apply to redevelopment plans and redevelopment projects that were approved and redevelopment projects that were designated before the effective date of this amendatory Act of the 91st General Assembly. Prior to the adoption of an ordinance proposing the designation of a redevelopment project area, or approving a redevelopment plan or redevelopment project, the municipality by its corporate authorities, or as it may determine by any commission designated under subsection (k) of Section 11-74.4-4 shall adopt an ordinance or resolution fixing a time and place for public hearing. Prior to the adoption of the ordinance or resolution establishing the time and place for the public hearing, the municipality shall make available for public inspection a redevelopment plan or a separate report that provides in reasonable detail the basis for the eligibility of the redevelopment project area. The report along with the name of a person to contact for further information shall be sent within a reasonable time after the adoption of such ordinance or resolution to the affected taxing districts by certified mail. On and after the effective date of this amendatory Act of the 91st General Assembly, the municipality shall print in a newspaper of general circulation within the municipality a notice that
[April 6, 2000] 40 interested persons may register with the municipality in order to receive information on the proposed designation of a redevelopment project area or the approval of a redevelopment plan. The notice shall state the place of registration and the operating hours of that place. The municipality shall have adopted reasonable rules to implement this registration process under Section 11-74.4-4.2. Notice of the availability of the redevelopment plan and eligibility report, including how to obtain this information, shall also be sent by mail within a reasonable time after the adoption of the ordinance or resolution to all residents within the postal zip code area or areas contained in whole or in part within the proposed redevelopment project area or organizations that operate in the municipality that have registered with the municipality for that information in accordance with the registration guidelines established by the municipality under Section 11-74.4-4.2. At the public hearing any interested person or affected taxing district may file with the municipal clerk written objections to and may be heard orally in respect to any issues embodied in the notice. The municipality shall hear and determine all protests and objections at the hearing and the hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing. At the public hearing or at any time prior to the adoption by the municipality of an ordinance approving a redevelopment plan, the municipality may make changes in the redevelopment plan. Changes which (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of the households will exceed 10, shall be made only after the municipality gives notice, convenes a joint review board, and conducts a public hearing pursuant to the procedures set forth in this Section and in Section 11-74.4-6 of this Act. Changes which do not (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of the households will exceed 10, may be made without further hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section 11-74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district. Such notice by mail and by publication shall each occur not later than 10 days following the adoption by ordinance of such changes. Hearings with regard to a redevelopment project area, project or plan may be held simultaneously. (b) Prior to holding a public hearing to approve or amend a redevelopment plan or to designate or add additional parcels of property to a redevelopment project area, the municipality shall convene a joint review board. The board shall consist of a representative selected by each community college district, local elementary school district and high school district or each local community unit school district, park district, library district, township, fire protection district, and county that will have the authority to directly levy taxes on the property within the proposed redevelopment project area at the time that the proposed redevelopment project area is approved, a representative selected by the municipality and a public member. The public member shall first be selected and then the board's chairperson shall be selected by a majority of the board members present and voting.
41 [April 6, 2000] For redevelopment project areas with redevelopment plans or proposed redevelopment plans that would result in the displacement of residents from 10 or more inhabited residential units or that include 75 or more inhabited residential units, the public member shall be a person who resides in the redevelopment project area. If, as determined by the housing impact study provided for in paragraph (5) of subsection (n) of Section 11-74.4-3, or if no housing impact study is required then based on other reasonable data, the majority of residential units are occupied by very low, low, or moderate income households, as defined in Section 3 of the Illinois Affordable Housing Act, the public member shall be a person who resides in very low, low, or moderate income housing within the redevelopment project area. Municipalities with fewer than 15,000 residents shall not be required to select a person who lives in very low, low, or moderate income housing within the redevelopment project area, provided that the redevelopment plan or project will not result in displacement of residents from 10 or more inhabited units, and the municipality so certifies in the plan. If no person satisfying these requirements is available or if no qualified person will serve as the public member, then the joint review board is relieved of this paragraph's selection requirements for the public member. Within 90 days of the effective date of this amendatory Act of the 91st General Assembly, each municipality that designated a redevelopment project area for which it was not required to convene a joint review board under this Section shall convene a joint review board to perform the duties specified under paragraph (e) of this Section. All board members shall be appointed and the first board meeting held following at least 14 days after notice by the municipality to all the taxing districts as required by Section 11-74.4-6(c). Such notice shall also advise the taxing bodies represented on the joint review board of the time and place of the first meeting of the board. Additional meetings of the board shall be held upon the call of any member. The municipality seeking designation of the redevelopment project area shall provide administrative support to the board. The board shall review (i) the public record, planning documents and proposed ordinances approving the redevelopment plan and project and (ii) proposed amendments to the redevelopment plan or additions of parcels of property to the redevelopment project area to be adopted by the municipality. As part of its deliberations, the board may hold additional hearings on the proposal. A board's recommendation shall be an advisory, non-binding recommendation. The recommendation shall be adopted by a majority of those members present and voting. The recommendations shall be submitted to the municipality within 30 days after convening of the board. Failure of the board to submit its report on a timely basis shall not be cause to delay the public hearing or any other step in the process of designating or amending the redevelopment project area but shall be deemed to constitute approval by the joint review board of the matters before it. The board shall base its recommendation to approve or disapprove the redevelopment plan and the designation of the redevelopment project area or the amendment of the redevelopment plan or addition of parcels of property to the redevelopment project area on the basis of the redevelopment project area and redevelopment plan satisfying the plan requirements, the eligibility criteria defined in Section 11-74.4-3, and the objectives of this Act. The board shall issue a written report describing why the redevelopment plan and project area or the amendment thereof meets or fails to meet one or more of the objectives of this Act and both the plan requirements and the eligibility criteria defined in Section 11-74.4-3. In the event the Board does not file a report it shall be presumed that these taxing bodies find the redevelopment project area and redevelopment plan satisfy the objectives of this Act and the plan requirements and eligibility criteria. If the board recommends rejection of the matters before it, the municipality will have 30 days within which to resubmit the plan or
[April 6, 2000] 42 amendment. During this period, the municipality will meet and confer with the board and attempt to resolve those issues set forth in the board's written report that lead to the rejection of the plan or amendment. In the event that the municipality and the board are unable to resolve these differences, or in the event that the resubmitted plan or amendment is rejected by the board, the municipality may proceed with the plan or amendment, but only upon a three-fifths vote of the corporate authority responsible for approval of the plan or amendment, excluding positions of members that are vacant and those members that are ineligible to vote because of conflicts of interest. (c) After a municipality has by ordinance approved a redevelopment plan and designated a redevelopment project area, the plan may be amended and additional properties may be added to the redevelopment project area only as herein provided. Amendments which (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project costs set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan, or (6) increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of the households will exceed 10, shall be made only after the municipality gives notice, convenes a joint review board, and conducts a public hearing pursuant to the procedures set forth in this Section and in Section 11-74.4-6 of this Act. Changes which do not (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project cost set out in the redevelopment plan by more than 5% after adjustment for inflation from the date the plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan, or (6) increase the number of low or very low income households to be displaced from the redevelopment project area, provided that measured from the time of creation of the redevelopment project area the total displacement of the households will exceed 10, may be made without further hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section 11-74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district. Such notice by mail and by publication shall each occur not later than 10 days following the adoption by ordinance of such changes. (d) After the effective date of this amendatory Act of the 91st General Assembly, a municipality shall submit the following information for each redevelopment project area (i) to the State Comptroller under Section 8-8-3.5 of the Illinois Municipal Code and (ii) to all taxing districts overlapping the redevelopment project area no later than 180 days after the close of each municipal fiscal year or as soon thereafter as the audited financial statements become available and, in any case, shall be submitted before the annual meeting of the Joint Review Board to each of the taxing districts that overlap the redevelopment project area: (1) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax Boundary. (1.5) A list of the redevelopment project areas administered by the municipality and, if applicable, the date each redevelopment project area was designated or terminated by the municipality. (2) Audited financial statements of the special tax allocation fund once a cumulative total of $100,000 has been deposited in the fund.
43 [April 6, 2000] (3) Certification of the Chief Executive Officer of the municipality that the municipality has complied with all of the requirements of this Act during the preceding fiscal year. (4) An opinion of legal counsel that the municipality is in compliance with this Act. (5) An analysis of the special tax allocation fund which sets forth: (A) the balance in the special tax allocation fund at the beginning of the fiscal year; (B) all amounts deposited in the special tax allocation fund by source; (C) an itemized list of all expenditures from the special tax allocation fund by category of permissible redevelopment project cost; and (D) the balance in the special tax allocation fund at the end of the fiscal year including a breakdown of that balance by source and a breakdown of that balance identifying any portion of the balance that is required, pledged, earmarked, or otherwise designated for payment of or securing of obligations and anticipated redevelopment project costs. Any portion of such ending balance that has not been identified or is not identified as being required, pledged, earmarked, or otherwise designated for payment of or securing of obligations or anticipated redevelopment projects costs shall be designated as surplus as set forth in Section 11-74.4-7 hereof. (6) A description of all property purchased by the municipality within the redevelopment project area including: (A) Street address. (B) Approximate size or description of property. (C) Purchase price. (D) Seller of property. (7) A statement setting forth all activities undertaken in furtherance of the objectives of the redevelopment plan, including: (A) Any project implemented in the preceding fiscal year. (B) A description of the redevelopment activities undertaken. (C) A description of any agreements entered into by the municipality with regard to the disposition or redevelopment of any property within the redevelopment project area or the area within the State Sales Tax Boundary. (D) Additional information on the use of all funds received under this Division and steps taken by the municipality to achieve the objectives of the redevelopment plan. (E) Information regarding contracts that the municipality's tax increment advisors or consultants have entered into with entities or persons that have received, or are receiving, payments financed by tax increment revenues produced by the same redevelopment project area. (F) Any reports submitted to the municipality by the joint review board. (G) A review of public and, to the extent possible, private investment actually undertaken to date after the effective date of this amendatory Act of the 91st General Assembly and estimated to be undertaken during the following year. This review shall, on a project-by-project basis, set forth the estimated amounts of public and private investment incurred after the effective date of this amendatory Act of the 91st General Assembly and provide the ratio of private investment to public investment to the date of the report and as estimated to the completion of the redevelopment project. (8) With regard to any obligations issued by the municipality: (A) copies of any official statements; and
[April 6, 2000] 44 (B) an analysis prepared by financial advisor or underwriter setting forth: (i) nature and term of obligation; and (ii) projected debt service including required reserves and debt coverage. (9) For special tax allocation funds that have experienced cumulative deposits of incremental tax revenues of $100,000 or more, a certified audit report reviewing compliance with this Act performed by an independent public accountant certified and licensed by the authority of the State of Illinois. The financial portion of the audit must be conducted in accordance with Standards for Audits of Governmental Organizations, Programs, Activities, and Functions adopted by the Comptroller General of the United States (1981), as amended, or the contents specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code. The audit report shall contain a letter from the independent certified public accountant indicating compliance or noncompliance with the requirements of subsection (q) of Section 11-74.4-3. For redevelopment plans or projects that would result in the displacement of residents from 10 or more inhabited residential units or that contain 75 or more inhabited residential units, notice of the availability of the information, including how to obtain the report, required in this subsection shall also be sent by mail to all residents or organizations that operate in the municipality that register with the municipality for that information according to registration procedures adopted under Section 11-74.4-4.2. All municipalities are subject to this provision. (d-1) Prior to the effective date of this amendatory Act of the 91st General Assembly, municipalities with populations of over 1,000,000 shall, after adoption of a redevelopment plan or project, make available upon request to any taxing district in which the redevelopment project area is located the following information: (1) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax Boundary; and (2) In connection with any redevelopment project area for which the municipality has outstanding obligations issued to provide for redevelopment project costs pursuant to Section 11-74.4-7, audited financial statements of the special tax allocation fund. (e) The joint review board shall meet annually 180 days after the close of the municipal fiscal year or as soon as the redevelopment project audit for that fiscal year becomes available to review the effectiveness and status of the redevelopment project area up to that date. (f) (Blank). (g) In the event that a municipality has held a public hearing under this Section prior to March 14, 1994 (the effective date of Public Act 88-537), the requirements imposed by Public Act 88-537 relating to the method of fixing the time and place for public hearing, the materials and information required to be made available for public inspection, and the information required to be sent after adoption of an ordinance or resolution fixing a time and place for public hearing shall not be applicable. (Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)"; and on page 9, line 2, after "amended", by inserting ", or the contents specified by Section 8-8-5 of the Illinois Municipal Auditing Law of the Illinois Municipal Code". Representative Sommer offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1451 AMENDMENT NO. 2. Amend Senate Bill 1451, AS AMENDED, in Section 5,
45 [April 6, 2000] Sec. 11-74.4-5, subsection (d), paragraph (9), in the sentence beginning "The financial portion of the audit", by replacing "contents" with "standards"; and in Section 5, Sec. 11-74.6-22, subsection (d), paragraph (9), in the sentence beginning "The financial portion of the audit", by replacing "contents" with "standards". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1307. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative O'Connor offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1307 AMENDMENT NO. 1. Amend Senate Bill 1307 on page 2, line 34, by replacing "2000" with "2001". 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 BILL 1444. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Floor Amendments numbered 1 and 2 remained in the Committee on Rules. Representative Younge offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1444 AMENDMENT NO. 3. Amend Senate Bill 1444, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, line 8, by replacing "Act" with "Article and Article 5"; and on page 7, immediately below line 30, by inserting the following: "ARTICLE 30. SOUTHWESTERN ILLINOIS TEACHER'S ACADEMY FOR MATH, SCIENCE, AND TECHNOLOGY Section 30-1. Short title. This Article may be cited as the Southwestern Illinois Teacher's Academy for Math, Science, and Technology Act. Section 30-5. Policy and purposes. It shall be the policy of the State of Illinois to provide excellence in mathematics and science education in order to nourish an informed citizenry, assure technological skills for the work force, and assist in the preparation of professionals to serve the interests of Illinois in such fields as engineering, research, teaching, and computer technology. It shall further be the policy to enlist the support of the educational, industrial, and scientific communities in a cooperative effort to provide excellence in science and mathematics education. As a symbol of this cooperative endeavor, there shall be established the Southwestern Illinois Teacher's Academy for Math, Science, and Technology to serve the people of Illinois as a teacher's institution
[April 6, 2000] 46 and the school system of the State as a catalyst and laboratory for the advancement of teaching. The Academy shall carry a responsibility to stimulate further excellence for all Illinois schools in mathematics and science. That responsibility may be exercised through any or all of the following means: (1) Stimulating curriculum development and revisions through the collaborative efforts of the interacting institutions involved in the Academy including: universities, secondary schools, the industrial sector, and national laboratories. (2) Providing preservice training sites for persons in preparation for the teaching of science and mathematics. (3) Hosting summer institute opportunities for Illinois teachers modeled after the successful National Science Foundation program prevalent in the 1960s. (4) Offering speakers and programs for teacher institutes and in-service training around the State. (5) Producing videotapes of lectures and experiments for use in the schools of this State. Section 30-10. Establishment, funding, and location. There is hereby created the Southwestern Illinois Teacher's Academy for Math, Science, and Technology, which shall be an institution located at the former Parks College campus site in Cahokia, Illinois. The Academy shall be a State agency, funded by State appropriations, private contributions, and endowments. The Academy may offer a program of postsecondary course work to teachers. Minimal fees for students may be charged. The Academy shall annually submit to the Board of Higher Education its budget proposal for the operation and capital needs of the Academy for its next fiscal year. Funding is subject to a separate annual appropriation from the Board of Higher Education. Section 30-15. Board of Trustees. The Southwestern Illinois Teacher's Academy for Math, Science, and Technology shall be governed by a Board of Trustees, which shall consist of the following members: (1) Four ex officio nonvoting members who shall be: the State Superintendent of Education; the Executive Director of the Illinois Community College Board; the Executive Director of the State Board of Higher Education; and the Superintendent of Schools in the school district in which the Academy is located. (2) Three representatives of secondary education, one of whom must be a math or science teacher, appointed by the State Superintendent of Education. (3) Two representatives of higher education, one of whom must be a Dean of Education, appointed by the Executive Director of the Board of Higher Education. (4) Three representatives of the scientific community in Illinois appointed by the Governor. (5) Three representatives of the Illinois private industrial sector appointed by the Governor. (6) Two members representative of the general public at large appointed by the Governor. With the exception of the initial appointments, the members' terms of office shall be for 6 years. At the first meeting members shall draw lots for appointments of 2, 4, or 6 year initial terms. Vacancies shall be filled for the unexpired portion of the terms by appointment of the officer who appointed the person causing such vacancy. The initial terms shall commence upon appointment and upon expiration of a term, the member shall continue serving until a successor is appointed. The Board shall select a chair from among its members who shall serve a 2-year term as chair. Members shall receive no salary but shall be reimbursed for all ordinary and necessary expenses incurred in performing their duties as members of the Board. Section 30-20. Powers of the Board. (a) The Board of Trustees is hereby authorized to: (1) Accept donations, bequests, or other forms of financial assistance for educational purposes from any public or private
47 [April 6, 2000] person or agency and comply with rules and regulations governing grants from the federal government or from any other person or agency, which are not in contravention of the Illinois Constitution or the laws of the State of Illinois. (2) Purchase equipment and make improvements to facilities necessary for the use of the school, in accordance with applicable law. (3) Adopt, amend, or repeal rules, regulations, and policies necessary or proper for the conduct of the business of the Board. (4) Award certificates for successful completion of programs of study requirements. (5) Select a Director who shall be the chief administrative officer of the Academy and who shall administer the rules, regulations, and policies adopted by the Board pursuant hereto. The Director shall also be the chief administrative officer of the Board and shall be responsible for all the administrative functions, duties, and needs of the Board. (6) Determine faculty and staff positions necessary for the efficient operation of the school and select personnel for such positions. (7) Prepare and adopt an annual budget necessary for the continued operation of the school. (8) Enter into contracts and agreements that have been recommended by the Director, in accordance with applicable law, and to the extent that funds are specifically appropriated therefor, with other public agencies with respect to cooperative enterprises and undertaking related to or associated with an educational purpose or program affecting education in the school. This shall not preclude the Board from entering into other such contracts and agreements that it may deem necessary to carry out its duties and functions. (9) Perform such other functions as are necessary to the supervision and control of those phases of education under its supervision and control. (10) The Board shall delegate to the Director such of its administrative powers and duties as it deems appropriate to aid the Director in the efficient administration of his responsibility for the implementation of the policies of the Board. (11) The Academy shall be empowered to lease or purchase real and personal property on commercially reasonable terms for the use of the Academy. Any leases or purchases of real or personal property and any disposition thereof by the Academy must be in compliance with the provisions of The Civil Administrative Code of Illinois and the State Property Control Act. Personal property acquired for the use of the Academy shall be inventoried and disposed of in accordance with the State Property Control Act. (b) In addition to the authorities granted herein and any powers, duties, and responsibilities vested by any other applicable laws, the Board shall: (1) Adopt rules, regulations, and policies necessary for the efficient operation of the school. (2) Establish criteria to be used in determining eligibility of applicants for enrollment. (3) Determine subjects to be offered. (4) Pay salaries and expenses, including but not necessarily restricted to facilities, equipment, and supplies of the faculty and staff of the Academy out of funds appropriated or otherwise made available for the operating and administrative expenses of the Board and the Academy. (5) Exercise budgetary responsibility and allocate for expenditure by the Academy and programs under its jurisdiction, all moneys appropriated or otherwise made available for purposes of the Board and of such Academy and programs. (6) Prepare and adopt or approve programs of study and rules, bylaws, and regulations for the government of the school and programs under its jurisdiction.
[April 6, 2000] 48 (7) Employ such personnel as may be needed, establish policies governing their employment and dismissal, and fix the amount of their compensation. In the employment, establishment of policies, and fixing of compensation the Board may make no discrimination on account of sex, race, creed, color or national origin. The Academy, its Board of Trustees, and its employees shall be represented and indemnified in certain civil law suits in accordance with "An Act to provide for representation and indemnification in certain civil lawsuits", approved December 3, 1977, as amended. Neither the Academy, nor its officers, employees, or Board members shall participate in the creation of any corporation, joint venture, partnership, association, or other organizational entity that exercises, expands, or enhances the powers, duties, or responsibilities of the Academy unless specifically authorized by the General Assembly by law. This Section does not restrict the Academy from creating any organization entity which is within or a part of the Academy.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 3 was adopted and the bill, as amended, was again held on the order of Second Reading. SENATE BILL 1541. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1541 AMENDMENT NO. 1. Amend Senate Bill 1541 by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by adding Section 8-505.1 as follows: (220 ILCS 5/8-505.1 new) Sec. 8-505.1. Non-emergency vegetation management activities. (a) In conducting its non-emergency vegetation management activities, an electric public utility shall: (1) Follow the most current guidelines set forth by the International Society of Arboriculture and the most current applicable Occupational Safety and Health Administration or American National Standards Institute standards. (2) Provide notice of vegetation management activities at least 21 days before beginning those activities. If the vegetation management activities will occur in an incorporated municipality, the notice must be given to the mayor. If the vegetation management activities will occur in an unincorporated area, the notice must be given to the chairman of the county board. Maps or a description of the area to be affected by vegetation management activities must accompany the notice. Notification may be discontinued upon the request of the governing body of the municipality or county. Requests for the termination of notices shall be in writing. (3) Notify affected customers no fewer than 7 days before the activity is scheduled to begin. (4) Provide notified customers with a toll-free telephone number to call regarding the vegetation management activities. (b) A public utility shall not be required to comply with the requirements of paragraphs (2), (3), and (4) of subsection (a) when (i) it is taking actions to restore reliable service after interruptions of service; (ii) there is a franchise, contract, or written agreement
49 [April 6, 2000] between the public utility and the municipality mandating specific vegetation management practices; or (iii) there is a mutual agreement between the municipality or county and the public utility to waive the requirements of paragraph (2), (3), or (4) of subsection (a), to the extent of the waiver agreement. The Commission shall have sole authority to investigate and issue complaints against the utility under this Section. The provisions of this Section shall not in any way diminish or replace other civil or administrative remedies available to a customer or class of customers under this Act nor invalidate any tariff approved by the Commission. (c) If no applicable tariff governing non-emergency vegetation management practices has been approved by the Commission and if a municipality enacts an ordinance establishing standards for non-emergency vegetation management practices that are more restrictive than the standards established by this Section, the electric public utility may recover from the municipality the difference between the costs of complying with the standards established under the municipality's ordinance and the costs of complying with the standards established by this Section. Before beginning any non-emergency vegetation management activities in a municipality that has enacted an ordinance establishing standards for vegetation management practices that are more restrictive than the standards established by this Section, an electric public utility shall provide to the municipality a good faith estimate of the costs of complying with the more restrictive municipal standards for vegetation management practices. Section 99. Effective date. This Act takes effect upon becoming law.". Representative Rutherford offered and withdrew Amendment No. 2. Representative Rutherford offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1541 AMENDMENT NO. 3. Amend Senate Bill 1541, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Public Utilities Act is amended by adding Section 8-505.1 as follows: (220 ILCS 5/8-505.1 new) Sec. 8-505.1. Non-emergency vegetation management activities. (a) In conducting its non-emergency vegetation management activities, an electric public utility shall: (1) Follow the most current guidelines set forth by the International Society of Arboriculture and the most current applicable Occupational Safety and Health Administration or American National Standards Institute standards. (2) Provide direct notice of vegetation management activities at least 21 days before beginning those activities. If the vegetation management activities will occur in an incorporated municipality, the notice must be given to the mayor. If the vegetation management activities will occur in an unincorporated area, the notice must be given to the chairman of the county board. Maps or a description of the area to be affected by vegetation management activities must accompany the notice. Notification may be discontinued upon the request of the governing body of the municipality or county. Requests for the termination of notices shall be in writing. (3) Directly notify affected customers no fewer than 7 days before the activity is scheduled to begin. (4) Provide notified customers with a toll-free telephone number to call regarding the vegetation management activities. The Commission shall have sole authority to investigate and issue complaints against the utility under this subsection (a).
[April 6, 2000] 50 (b) A public utility shall not be required to comply with the requirements of paragraphs (2), (3), and (4) of subsection (a) when (i) it is taking actions to restore reliable service after interruptions of service; (ii) there is a franchise, contract, or written agreement between the public utility and the municipality mandating specific vegetation management practices; or (iii) there is a mutual agreement between the municipality or county and the public utility to waive the requirements of paragraph (2), (3), or (4) of subsection (a), to the extent of the waiver agreement. (c) If (i) no franchise, contract, or written agreement between a utility and a municipality mandates a specific vegetation management practice, (ii) no applicable tariff governing non-emergency vegetation management practices has been approved by the Commission, and (iii) the municipality enacts an ordinance establishing standards for non-emergency vegetation management practices that are more restrictive than the standards established by this Section, then the electric public utility may recover from the municipality the difference between the costs of complying with the standards established under the municipality's ordinance and the costs of complying with the standards established by this Section. Before beginning any non-emergency vegetation management activities in a municipality that has enacted an ordinance establishing standards for vegetation management practices that are more restrictive than the standards established by this Section, an electric public utility shall provide to the municipality a good faith estimate of the costs of complying with the more restrictive municipal standards for vegetation management practices. The provisions of this Section shall not in any way diminish or replace other civil or administrative remedies available to a customer or class of customers under this Act nor invalidate any tariff approved or rule promulgated by the Commission. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILL 1377. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Slone offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1377 AMENDMENT NO. 1. Amend Senate Bill 1377 on page 1, line 2, by replacing "Section 14.05" with "Sections 14.05 and 20"; and on page 1, line 6, by replacing "Section 14.05" with "Sections 14.05 and 20"; and on page 2, immediately below line 14, by inserting the following: "(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) Sec. 20. Disconnection by operation of law. (a) Any territory within a fire protection district that is or has been annexed to a city, village or incorporated town that provides fire protection for property within such city, village or incorporated town is, by operation of law, disconnected from the fire protection district as of the January first after such territory is annexed to the city, village or incorporated town, or in case any such territory has been so annexed prior to the effective date of this amendatory Act of 1965, as of January 1, 1966. (b) The disconnection by operation of law does not occur if, within 60 days after such annexation or after the effective date of
51 [April 6, 2000] this amendatory Act of 1965, whichever is later, the fire protection district files with the appropriate court and with the County Clerk of each county in which the fire protection district is located, a petition alleging that such disconnection will cause the territory remaining in the district to be noncontiguous or that the loss of assessed valuation by reason of such disconnection will impair the ability of the district to render fully adequate fire protection service to the territory remaining with the district. When such a petition is filed, with the court and with the County Clerk of each county in which the fire protection district is located, the court shall set it for hearing, and further proceedings shall be held, as provided in Section 15 of this Act, except that the city, village or incorporated town that annexed the territory shall be a necessary party to the proceedings, and it shall be served with summons in the manner for a party defendant under the Civil Practice Law. At such hearing, the district has the burden of proving the truth of the allegations in its petition. (c) If disconnection does not occur, then the city, village or incorporated town in which part of a fire protection district's territory is located, is prohibited from levying the tax provided for by Section 11-7-1 of the "Illinois Municipal Code" in such fire protection district territory for services provided to the residents of such territory by the fire protection district. (d) If there are any general obligation bonds of the fire protection district outstanding and unpaid at the time such territory is disconnected from the fire protection district by operation of this Section, such territory shall remain liable for its proportionate share of such bonded indebtedness and the fire protection district may continue to levy and extend taxes upon the taxable property in such territory for the purpose of amortizing such bonds until such time as sufficient funds to retire such bonds have been collected. (e) On and after the effective date of this amendatory Act of the 91st General Assembly, when territory is disconnected from a fire protection district under this Section, the annexing municipality shall pay, on or before December 31 of each year for a period of 5 years after the effective date of the disconnection, to the fire protection district from which the territory was disconnected, an amount as follows: (1) In the first year after the disconnection, an amount equal to the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (2) In the second year after the disconnection, an amount equal to 80% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (3) In the third year after the disconnection, an amount equal to 60% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (4) In the fourth year after the disconnection, an amount equal to 40% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. (5) In the fifth year after the disconnection, an amount equal to 20% of the real estate tax collected on the property in the disconnected territory by the fire protection district in the tax year immediately preceding the year in which the disconnection took effect. This subsection (e) applies to a fire protection district only if the corporate authorities of the district do not file a petition against the disconnection under subsection (b).
[April 6, 2000] 52 (Source: P.A. 91-307, eff. 1-1-00.)". 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 BILL 1660. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Leitch offered the following amendments and moved their adoption: AMENDMENT NO. 1 TO SENATE BILL 1660 AMENDMENT NO. 1. Amend Senate Bill 1660 on page 1, line 2 by inserting after "5-16.3" the following: "and changing Section 5-5.4"; and on page 1, by inserting after line 7 the following: "Section 10. The Illinois Public Aid Code is amended by changing Section 5-5.4 as follows: (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) Sec. 5-5.4. Standards of Payment - Department of Public Aid. The Department of Public Aid shall develop standards of payment of skilled nursing and intermediate care services in facilities providing such services under this Article which: (1) Provides for the determination of a facility's payment for skilled nursing and intermediate care services on a prospective basis. The amount of the payment rate for all nursing facilities certified under the medical assistance program shall be prospectively established annually on the basis of historical, financial, and statistical data reflecting actual costs from prior years, which shall be applied to the current rate year and updated for inflation, except that the capital cost element for newly constructed facilities shall be based upon projected budgets. The annually established payment rate shall take effect on July 1 in 1984 and subsequent years. Rate increases shall be provided annually thereafter on July 1 in 1984 and on each subsequent July 1 in the following years, except that no rate increase and no update for inflation shall be provided on or after July 1, 1994 and before July 1, 2000, unless specifically provided for in this Section. For all facilities that (i) are licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities, (ii) have a capacity of 100 or more beds, and (iii) received a permit required under Sections 5 and 13.1 of the Illinois Health Facilities Planning Act after July 1, 1994, the capital cost element of the rates shall be increased to reimburse 100% of the permit amount set forth in the permit issued by the Illinois Health Facilities Planning Board and actually incurred. Subject to appropriation, the increase shall take effect on the date the permitted structure is licensed or the permitted equipment is installed. If that date is before the effective date of this amendatory Act of the 91st General Assembly, the increase shall be retroactive to that date of licensure or installation and the total rate shall be adjusted to incorporate all rate increases taking effect after that date. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 1998 shall include an increase of 3%. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, the rates taking effect on July 1, 1998 shall include an increase of 3% plus $1.10 per resident-day, as defined by the
53 [April 6, 2000] Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Intermediate Care for the Developmentally Disabled facilities or Long Term Care for Under Age 22 facilities, the rates taking effect on July 1, 1999 shall include an increase of 1.6% plus $3.00 per resident-day, as defined by the Department. For facilities licensed by the Department of Public Health under the Nursing Home Care Act as Skilled Nursing facilities or Intermediate Care facilities, the rates taking effect on July 1, 1999 shall include an increase of 1.6% and, for services provided on or after October 1, 1999, shall be increased by $4.00 per resident-day, as defined by the Department. 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 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 United States Department of Health, Education and Welfare 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. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, eff. 7-1-99.) Section 99. Effective date. Section 10 and this Section take effect on July 1, 2000.". AMENDMENT NO. 2 TO SENATE BILL 1660 AMENDMENT NO. 2. Amend Senate Bill 1660, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 2, line 18 by inserting "specific" after "Subject to"; and on page 2, by replacing lines 21 through 25 with the following: "installed.". Floor Amendment No. 3 remained in the Committee on Rules. There being no further amendments, the foregoing Amendments numbered 1 and 2 were adopted and the bill, as amended, was again held on the order of Second Reading.
[April 6, 2000] 54 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 Mathias, SENATE BILL 1268 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RECALLS By unanimous consent, on motion of Representative Righter, SENATE BILL 1537 was recalled from the order of Third Reading to the order of Second Reading and held on that order. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Madigan, SENATE BILL 1447 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 118, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 1453. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Beaubien offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1453 AMENDMENT NO. 1. Amend Senate Bill 1453 by replacing the title with the following: "AN ACT concerning taxation."; and by replacing everything after the enacting clause with the following: "Section 5. The Department of Revenue Law of the Civil Administrative Code of Illinois is amended by adding Section 2505-710 as follows: (20 ILCS 2505/2505-710 new) Sec. 2505-710. Occupation and Use Tax Reporting and Simplification Committee and report. The Department is authorized and empowered to convene an Occupation and Use Tax Reporting and Simplification Committee for the purpose of reviewing proposed methods for simplifying Illinois occupation and use tax reporting requirements. The Committee shall consist of the Director or such person or persons as he or she
55 [April 6, 2000] may designate, 3 representatives of the business community appointed by the Director, and 3 representatives of local government appointed by the Director. The Committee so assembled shall study methods for simplifying occupation and use tax reporting requirements in general and, in particular, shall review the feasibility of reducing the number of occupation and use tax returns required to be filed each taxable year. The Committee shall submit a report of its findings to the General Assembly on or before January 1, 2001. Section 10. The Use Tax Act is amended by changing Sections 3-5, 9, 10, and 22 as follows: (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5) Sec. 3-5. Exemptions. Use of the following tangible personal property is exempt from the tax imposed by this Act: (1) Personal property purchased from a corporation, society, association, foundation, institution, or organization, other than a limited liability company, that is organized and operated as a not-for-profit service enterprise for the benefit of persons 65 years of age or older if the personal property was not purchased by the enterprise for the purpose of resale by the enterprise. (2) Personal property purchased by a not-for-profit Illinois county fair association for use in conducting, operating, or promoting the county fair. (3) Personal property purchased by a not-for-profit arts or cultural organization that establishes, by proof required by the Department by rule, that it has received an exemption under Section 501(c)(3) of the Internal Revenue Code and that is organized and operated for the presentation or support of arts or cultural programming, activities, or services. These organizations include, but are not limited to, music and dramatic arts organizations such as symphony orchestras and theatrical groups, arts and cultural service organizations, local arts councils, visual arts organizations, and media arts organizations. (4) Personal property purchased by a governmental body, by a corporation, society, association, foundation, or institution organized and operated exclusively for charitable, religious, or educational purposes, or by a not-for-profit corporation, society, association, foundation, institution, or organization that has no compensated officers or employees and that is organized and operated primarily for the recreation of persons 55 years of age or older. A limited liability company may qualify for the exemption under this paragraph only if the limited liability company is organized and operated exclusively for educational purposes. On and after July 1, 1987, however, no entity otherwise eligible for this exemption shall make tax-free purchases unless it has an active exemption identification number issued by the Department. (5) A passenger car that is a replacement vehicle to the extent that the purchase price of the car is subject to the Replacement Vehicle Tax. (6) Graphic arts machinery and equipment, including repair and replacement parts, both new and used, and including that manufactured on special order, certified by the purchaser to be used primarily for graphic arts production, and including machinery and equipment purchased for lease. (7) Farm chemicals. (8) Legal tender, currency, medallions, or gold or silver coinage issued by the State of Illinois, the government of the United States of America, or the government of any foreign country, and bullion. (9) Personal property purchased from a teacher-sponsored student organization affiliated with an elementary or secondary school located in Illinois. (10) A motor vehicle of the first division, a motor vehicle of the second division that is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping, or travel use, with direct walk through to the living quarters from the driver's seat, or a motor vehicle of the second division that is of the van configuration designed for the transportation of not less
[April 6, 2000] 56 than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code, that is used for automobile renting, as defined in the Automobile Renting Occupation and Use Tax Act. (11) Farm machinery and equipment, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for production agriculture or State or federal agricultural programs, including individual replacement parts for the machinery and equipment, including machinery and equipment purchased for lease, and including implements of husbandry defined in Section 1-130 of the Illinois Vehicle Code, farm machinery and agricultural chemical and fertilizer spreaders, and nurse wagons required to be registered under Section 3-809 of the Illinois Vehicle Code, but excluding other motor vehicles required to be registered under the Illinois Vehicle Code. Horticultural polyhouses or hoop houses used for propagating, growing, or overwintering plants shall be considered farm machinery and equipment under this item (11). Agricultural chemical tender tanks and dry boxes shall include units sold separately from a motor vehicle required to be licensed and units sold mounted on a motor vehicle required to be licensed if the selling price of the tender is separately stated. Farm machinery and equipment shall include precision farming equipment that is installed or purchased to be installed on farm machinery and equipment including, but not limited to, tractors, harvesters, sprayers, planters, seeders, or spreaders. Precision farming equipment includes, but is not limited to, soil testing sensors, computers, monitors, software, global positioning and mapping systems, and other such equipment. Farm machinery and equipment also includes computers, sensors, software, and related equipment used primarily in the computer-assisted operation of production agriculture facilities, equipment, and activities such as, but not limited to, the collection, monitoring, and correlation of animal and crop data for the purpose of formulating animal diets and agricultural chemicals. This item (11) is exempt from the provisions of Section 3-90. (12) Fuel and petroleum products sold to or used by an air common carrier, certified by the carrier to be used for consumption, shipment, or storage in the conduct of its business as an air common carrier, for a flight destined for or returning from a location or locations outside the United States without regard to previous or subsequent domestic stopovers. (13) Proceeds of mandatory service charges separately stated on customers' bills for the purchase and consumption of food and beverages purchased at retail from a retailer, to the extent that the proceeds of the service charge are in fact turned over as tips or as a substitute for tips to the employees who participate directly in preparing, serving, hosting or cleaning up the food or beverage function with respect to which the service charge is imposed. (14) Oil field exploration, drilling, and production equipment, including (i) rigs and parts of rigs, rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and tubular goods, including casing and drill strings, (iii) pumps and pump-jack units, (iv) storage tanks and flow lines, (v) any individual replacement part for oil field exploration, drilling, and production equipment, and (vi) machinery and equipment purchased for lease; but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (15) Photoprocessing machinery and equipment, including repair and replacement parts, both new and used, including that manufactured on special order, certified by the purchaser to be used primarily for photoprocessing, and including photoprocessing machinery and equipment purchased for lease. (16) Coal exploration, mining, offhighway hauling, processing, maintenance, and reclamation equipment, including replacement parts and equipment, and including equipment purchased for lease, but excluding motor vehicles required to be registered under the Illinois Vehicle Code. (17) Distillation machinery and equipment, sold as a unit or kit,
57 [April 6, 2000] assembled or installed by the retailer, certified by the user to be used only for the production of ethyl alcohol that will be used for consumption as motor fuel or as a component of motor fuel for the personal use of the user, and not subject to sale or resale. (18) Manufacturing and assembling machinery and equipment used primarily in the process of manufacturing or assembling tangible personal property for wholesale or retail sale or lease, whether that sale or lease is made directly by the manufacturer or by some other person, whether the materials used in the process are owned by the manufacturer or some other person, or whether that sale or lease is made apart from or as an incident to the seller's engaging in the service occupation of producing machines, tools, dies, jigs, patterns, gauges, or other similar items of no commercial value on special order for a particular purchaser. (19) Personal property delivered to a purchaser or purchaser's donee inside Illinois when the purchase order for that personal property was received by a florist located outside Illinois who has a florist located inside Illinois deliver the personal property. (20) Semen used for artificial insemination of livestock for direct agricultural production. (21) Horses, or interests in horses, registered with and meeting the requirements of any of the Arabian Horse Club Registry of America, Appaloosa Horse Club, American Quarter Horse Association, United States Trotting Association, or Jockey Club, as appropriate, used for purposes of breeding or racing for prizes. (22) Computers and communications equipment utilized for any hospital purpose and equipment used in the diagnosis, analysis, or treatment of hospital patients purchased by a lessor who leases the equipment, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a hospital that has been issued an active tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the equipment is leased in a manner that does not qualify for this exemption or is used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (23) Personal property purchased by a lessor who leases the property, under a lease of one year or longer executed or in effect at the time the lessor would otherwise be subject to the tax imposed by this Act, to a governmental body that has been issued an active sales tax exemption identification number by the Department under Section 1g of the Retailers' Occupation Tax Act. If the property is leased in a manner that does not qualify for this exemption or used in any other non-exempt manner, the lessor shall be liable for the tax imposed under this Act or the Service Use Tax Act, as the case may be, based on the fair market value of the property at the time the non-qualifying use occurs. No lessor shall collect or attempt to collect an amount (however designated) that purports to reimburse that lessor for the tax imposed by this Act or the Service Use Tax Act, as the case may be, if the tax has not been paid by the lessor. If a lessor improperly collects any such amount from the lessee, the lessee shall have a legal right to claim a refund of that amount from the lessor. If, however, that amount is not refunded to the lessee for any reason, the lessor is liable to pay that amount to the Department. (24) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is donated for disaster relief to be used
[April 6, 2000] 58 in a State or federally declared disaster area in Illinois or bordering Illinois by a manufacturer or retailer that is registered in this State to a corporation, society, association, foundation, or institution that has been issued a sales tax exemption identification number by the Department that assists victims of the disaster who reside within the declared disaster area. (25) Beginning with taxable years ending on or after December 31, 1995 and ending with taxable years ending on or before December 31, 2004, personal property that is used in the performance of infrastructure repairs in this State, including but not limited to municipal roads and streets, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, and sewage treatment facilities, resulting from a State or federally declared disaster in Illinois or bordering Illinois when such repairs are initiated on facilities located in the declared disaster area within 6 months after the disaster. (26) Beginning July 1, 1999, game or game birds purchased at a "game breeding and hunting preserve area" or an "exotic game hunting area" as those terms are used in the Wildlife Code or at a hunting enclosure approved through rules adopted by the Department of Natural Resources. This paragraph is exempt from the provisions of Section 3-90. (27)
59 [April 6, 2000] (Source: P.A. 90-14, eff. 7-1-97; 90-552, eff. 12-12-97; 90-605, eff. 6-30-98; 91-51, eff. 6-30-99; 91-200, eff. 7-20-99; 91-439, eff. 8-6-99; 91-637, eff. 8-20-99; 91-644, eff. 8-20-99; revised 9-29-99.) (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 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
[April 6, 2000] 60 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. 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 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
61 [April 6, 2000] 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 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
[April 6, 2000] 62 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
63 [April 6, 2000] 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 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
[April 6, 2000] 64 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 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 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
65 [April 6, 2000] 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 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 84,000,000 2003 89,000,000
[April 6, 2000] 66 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund .4% of the net revenue realized for the preceding month from the 5% general rate, or .4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. 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.
67 [April 6, 2000] 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. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.) (35 ILCS 105/10) (from Ch. 120, par. 439.10) Sec. 10. Except as to motor vehicles,
[April 6, 2000] 68 from the total selling price; the amount of tax due from the purchaser 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 return shall be filed not later than 30 days after such motor vehicle or aircraft is brought into this State for use. 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 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 return, the purchaser 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 evidence of title or registration to such tangible personal property. When a purchaser pays a tax imposed by this Act directly to the Department, the Department (upon request therefor from such purchaser) shall issue an appropriate receipt to such purchaser showing that he has paid such tax to the Department. Such receipt shall be sufficient to relieve the purchaser from further liability for the tax to which such receipt may refer. A user who is liable to pay use tax directly to the Department only occasionally and not on a frequently recurring basis, and who is not required to file returns with the Department as a retailer under Section 9 of this Act, or under the "Retailers' Occupation Tax Act", or as a registrant with the Department under the "Service Occupation Tax Act" or the "Service Use Tax Act", need not register with the Department. However, if such a user has a frequently recurring direct use tax liability to pay to the Department, such user shall be required to register with the Department on forms prescribed by the Department and to obtain and display a certificate of registration from the Department. In that event, all of the provisions of Section 9 of this Act concerning the filing of regular monthly, quarterly or annual tax returns and all of the provisions of Section 2a of the "Retailers' Occupation Tax Act" concerning the requirements for registrants to post bond or other security with the Department, as the provisions of such sections now exist or may hereafter be amended, shall apply to such users to the same extent as if such provisions were included herein. (Source: P.A. 91-541, eff. 8-13-99.) (35 ILCS 105/22) (from Ch. 120, par. 439.22) Sec. 22. If it is determined that the Department should issue a credit or refund under this Act, the Department may first apply the amount thereof against any amount of tax or penalty or interest due hereunder, or under the
69 [April 6, 2000]
[April 6, 2000] 70 Commission Act of 1985, subsections (b), (c) and (d) of Section 5.01 of the Local Mass Transit District Act, or subsections (e), (f) and (g) of Section 4.03 of the Regional Transportation Authority Act, from the person entitled to such credit or refund. For this purpose, if proceedings are pending to determine whether or not any tax or penalty or interest is due hereunder, or under the Service Occupation Tax Act, the Retailers' Occupation Tax Act, the Use Tax Act, any local occupation or use tax administered by the Department
71 [April 6, 2000] Department
[April 6, 2000] 72 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; 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.
73 [April 6, 2000] 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. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all
[April 6, 2000] 74 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
75 [April 6, 2000] 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 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
[April 6, 2000] 76 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 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
77 [April 6, 2000] 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 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. 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. 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
[April 6, 2000] 78 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 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. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during
79 [April 6, 2000] 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 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000
[April 6, 2000] 80 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the
81 [April 6, 2000] monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that 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
[April 6, 2000] 82 be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; revised 9-29-99.) (35 ILCS 120/6) (from Ch. 120, par. 445) Sec. 6. Credit memorandum or refund. If it appears, after claim therefor filed with the Department, that an amount of tax or penalty or interest has been paid which was not due under this Act, whether as the result of a mistake of fact or an error of law, except as hereinafter provided, then the Department shall issue a credit memorandum or refund to the person who made the erroneous payment or, if that person died or became a person under legal disability, to his or her legal representative, as such. For purposes of this Section, the tax is deemed to be erroneously paid by a retailer when the manufacturer of a motor vehicle sold by the retailer accepts the return of that automobile and refunds to the purchaser the selling price of that vehicle as provided in the New Vehicle Buyer Protection Act. When a motor vehicle is returned for a refund of the purchase price under the New Vehicle Buyer Protection Act, the Department shall issue a credit memorandum or a refund for the amount of tax paid by the retailer under this Act attributable to the initial sale of that vehicle. Claims submitted by the retailer are subject to the same restrictions and procedures provided for in this Act. If it is determined that the Department should issue a credit memorandum or refund, the Department may first apply the amount thereof against any tax or penalty or interest due or to become due under this Act or under the Use Tax Act, the Service Occupation Tax Act, the Service Use Tax Act, any local occupation or use tax administered by the Department
83 [April 6, 2000]
[April 6, 2000] 84 claim for credit or refund with respect thereto with the Department. The provisions of this amendatory Act shall be applied retroactively, regardless of the date of the transaction. (Source: P.A. 89-359, eff. 8-17-95.) Section 30. The Cigarette Tax Act is amended by changing Sections 4 and 6 as follows: (35 ILCS 130/4) (from Ch. 120, par. 453.4) Sec. 4. Distributor's license. No person may engage in business as a distributor of cigarettes in this State within the meaning of the first 2 definitions of distributor in Section 1 of this Act without first having obtained a license therefor from the Department. Application for license shall be made to the Department in form as furnished and prescribed by the Department. Each applicant for a license under this Section shall furnish to the Department on the form signed and verified by the applicant the following information: (a) The name and address of the applicant; (b) The address of the location at which the applicant proposes to engage in business as a distributor of cigarettes in this State; (c) Such other additional information as the Department may lawfully require by its rules and regulations. The annual license fee payable to the Department for each distributor's license shall be $250. The purpose of such annual license fee is to defray the cost, to the Department, of coding, serializing or coding and serializing cigarette tax stamps. Each applicant for license shall pay such fee to the Department at the time of submitting his application for license to the Department. Every applicant who is required to procure a distributor's license shall file with his application a joint and several bond. Such bond shall be executed to the Department of Revenue, with good and sufficient surety or sureties residing or licensed to do business within the State of Illinois, in the amount of $2,500, conditioned upon the true and faithful compliance by the licensee with all of the provisions of this Act. Such bond, or a reissue thereof, or a substitute therefor, shall be kept in effect during the entire period covered by the license. A separate application for license shall be made, a separate annual license fee paid, and a separate bond filed, for each place of business at which a person who is required to procure a distributor's license under this Section proposes to engage in business as a distributor in Illinois under this Act. The following are ineligible to receive a distributor's license under this Act: (1) a person who is not of good character and reputation in the community in which he resides; (2) a person who has been convicted of a felony under any Federal or State law, if the Department, after investigation and a hearing, if requested by the applicant, determines that such person has not been sufficiently rehabilitated to warrant the public trust; (3) a corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license under this Act for any reason. The Department, upon receipt of an application, license fee and bond in proper form, from a person who is eligible to receive a distributor's license under this Act, shall issue to such applicant a license in form as prescribed by the Department, which license shall permit the applicant to which it is issued to engage in business as a distributor at the place shown in his application. All licenses issued by the Department under this Act shall be valid for not to exceed one year after issuance unless sooner revoked, canceled or suspended as provided in this Act. No license issued under this Act is transferable or assignable. Such license shall be conspicuously displayed in the place of business conducted by the licensee in Illinois under such license. Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the
85 [April 6, 2000] Department shall give notice to the person requesting the hearing of the time and place fixed for the hearing and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. (Source: P.A. 78-255.) (35 ILCS 130/6) (from Ch. 120, par. 453.6) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for noncompliance with any provision herein contained, or for any noncompliance with any lawful rule or regulation promulgated by the Department under Section 8 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, cancelled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.
[April 6, 2000] 86 fee is to defray the cost, to the Department, of coding, serializing or coding and serializing cigarette tax stamps. The applicant for license shall pay such fee to the Department at the time of submitting the application for license to the Department. Such applicant shall file, with his application, a joint and several bond. Such bond shall be executed to the Department of Revenue, with good and sufficient surety or sureties residing or licensed to do business within the State of Illinois, in the amount of $2,500, conditioned upon the true and faithful compliance by the licensee with all of the provisions of this Act. Such bond, or a reissue thereof, or a substitute therefor, shall be kept in effect during the entire period covered by the license. A separate application for license shall be made, a separate annual license fee paid, and a separate bond filed, for each place of business at or from which the applicant proposes to act as a distributor under this Act and for which the applicant is not required to procure a license or allowed to obtain a permit as a distributor under the Cigarette Tax Act. The following are ineligible to receive a distributor's license under this Act: (1) a person who is not of good character and reputation in the community in which he resides; (2) a person who has been convicted of a felony under any Federal or State law, if the Department, after investigation and a hearing, if requested by the applicant, determines that such person has not been sufficiently rehabilitated to warrant the public trust; (3) a corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such corporation, would not be eligible to receive a license hereunder for any reason. Upon approval of such application and bond and payment of the required annual license fee, the Department shall issue a license to the applicant. Such license shall permit the applicant to engage in business as a distributor at or from the place shown in his application. All licenses issued by the Department under this Act shall be valid for not to exceed one year after issuance unless sooner revoked, canceled or suspended as in this Act provided. No license issued under this Act is transferable or assignable. Such license shall be conspicuously displayed at the place of business for which it is issued. Any person aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice to the person requesting the hearing of the time and place fixed for the hearing and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to that person. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. (Source: P.A. 78-255.) (35 ILCS 135/6) (from Ch. 120, par. 453.36) Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor for the violation of any provision of this Act, or for non-compliance with any provision herein contained, or for any non-compliance with any lawful rule or regulation promulgated by the Department under Section 21 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act. However, no such license shall be revoked, canceled or suspended, except after a hearing by the Department with notice to the distributor, as aforesaid, and affording such distributor a reasonable opportunity to appear and defend, and any distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.
87 [April 6, 2000]
[April 6, 2000] 88 be required to purchase electricity from a qualified solid waste energy facility at the rate prescribed in subsection (c) of this Section if such purchase would result in estimated tax credits that exceed, on a monthly basis, the utility's estimated obligation to remit to the State taxes it has collected under the Electricity Excise Tax Law. The owner or operator shall negotiate facility operating conditions with the purchasing utility in accordance with that utility's posted standard terms and conditions for small power producers. If the Department of Revenue disputes the amount of any such credit, such dispute shall be decided by the Illinois Commerce Commission. Whenever a qualified solid waste energy facility has paid or otherwise satisfied in full the capital costs or indebtedness incurred in developing and implementing the qualified facility, the qualified facility shall reimburse the Public Utility Fund and the General Revenue Fund in the State treasury for the actual reduction in payments to those Funds caused by this subsection (d) in a manner to be determined by the Illinois Commerce Commission and based on the manner in which revenues for those Funds were reduced. (e) The Illinois Commerce Commission shall not require an electric utility to purchase electricity from any qualified solid waste energy facility which is owned or operated by an entity that is primarily engaged in the business of producing or selling electricity, gas, or useful thermal energy from a source other than one or more qualified solid waste energy facilities. (f) This Section does not require an electric utility to construct additional facilities unless those facilities are paid for by the owner or operator of the affected qualified solid waste energy facility. (g) The Illinois Commerce Commission shall require that: (1) electric utilities use the electricity purchased from a qualified solid waste energy facility to displace electricity generated from nuclear power or coal mined and purchased outside the boundaries of the State of Illinois before displacing electricity generated from coal mined and purchased within the State of Illinois, to the extent possible, and (2) electric utilities report annually to the Commission on the extent of such displacements. (h) Nothing in this Section is intended to cause an electric utility that is required to purchase power hereunder to incur any economic loss as a result of its purchase. All amounts paid for power which a utility is required to purchase pursuant to subparagraph (c) shall be deemed to be costs prudently incurred for purposes of computing charges under rates authorized by Section 9-220 of this Act. Tax credits provided for herein shall be reflected in charges made pursuant to rates so authorized to the extent such credits are based upon a cost which is also reflected in such charges. (i) Beginning in February 1999 and through January 2009, each qualified solid waste energy facility that sells electricity to an electric utility at the purchase rate described in subsection (c) shall file with the Department of Revenue
89 [April 6, 2000] (2) entry of an enforceable, final, and non-appealable order by a court of competent jurisdiction that Public Act 89-448 is invalid. Payments by a qualified solid waste energy facility into the Municipal Economic Development Fund do not relieve the qualified solid waste energy facility of its obligation to reimburse the Public Utility Fund and the General Revenue Fund for the actual reduction in payments to those Funds as a result of credits received by electric utilities under subsection (d). (j) The State Treasurer, without appropriation, must make distributions immediately after January 15, April 15, July 15, and October 15 of each year, up to maximum aggregate distributions of $500,000 for the distributions made in the 4 quarters beginning with the April distribution and ending with the January distribution, from the Municipal Economic Development Fund to each city, village, or incorporated town that has within its boundaries an incinerator that: (1) uses municipal waste as its primary fuel to generate electricity; (2) was determined by the Illinois Commerce Commission to qualify as a qualified solid waste energy facility prior to the effective date of Public Act 89-448; and (3) commenced operation prior to January 1, 1998. Total distributions in the aggregate to all qualified cities, villages, and incorporated towns in the 4 quarters beginning with the April distribution and ending with the January distribution shall not exceed $500,000. The amount of each distribution shall be determined pro rata based on the population of the city, village, or incorporated town compared to the total population of all cities, villages, and incorporated towns eligible to receive a distribution. Distributions received by a city, village, or incorporated town must be held in a separate account and may be used only to promote and enhance industrial, commercial, residential, service, transportation, and recreational activities and facilities within its boundaries, thereby enhancing the employment opportunities, public health and general welfare, and economic development within the community, including administrative expenditures exclusively to further these activities. These funds, however, shall not be used by the city, village, or incorporated town, directly or indirectly, to purchase, lease, operate, or in any way subsidize the operation of any incinerator, and these funds shall not be paid, directly or indirectly, by the city, village, or incorporated town to the owner, operator, lessee, shareholder, or bondholder of any incinerator. Moreover, these funds shall not be used to pay attorneys fees in any litigation relating to the validity of Public Act 89-448. Nothing in this Section prevents a city, village, or incorporated town from using other corporate funds for any legitimate purpose. For purposes of this subsection, the term "municipal waste" has the meaning ascribed to it in Section 3.21 of the Environmental Protection Act. (k) If maximum aggregate distributions of $500,000 under subsection (j) have been made after the January distribution from the Municipal Economic Development Fund, then the balance in the Fund shall be refunded to the qualified solid waste energy facilities that made payments that were deposited into the Fund during the previous 12-month period. The refunds shall be prorated based upon the facility's payments in relation to total payments for that 12-month period. (l) Beginning January 1, 2000, and each January 1 thereafter, each city, village, or incorporated town that received distributions from the Municipal Economic Development Fund, continued to hold any of those distributions, or made expenditures from those distributions during the immediately preceding year shall submit to a financial and compliance and program audit of those distributions performed by the Auditor General at no cost to the city, village, or incorporated town that received the distributions. The audit should be completed by June 30 or as soon thereafter as possible. The audit shall be submitted to the State Treasurer and those officers enumerated in Section 3-14 of the Illinois State Auditing Act. If the Auditor General finds that distributions have been expended in violation of this Section, the Auditor General shall refer the matter to the Attorney General. The Attorney General may recover, in a civil action, 3 times the amount of
[April 6, 2000] 90 any distributions illegally expended. For purposes of this subsection, the terms "financial audit," "compliance audit", and "program audit" have the meanings ascribed to them in Sections 1-13 and 1-15 of the Illinois State Auditing Act. (Source: P.A. 89-448, eff. 3-14-96; 90-813, eff. 1-29-99.) Section 99. Effective date. This Act takes effect January 1, 2001, except that this Section and Section 5 take effect upon becoming law.". 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. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Bill Mitchell moved to take SENATE BILL 1046 from the table and place it on the Daily Calendar on the order on which it appeared immediately before it was tabled. The motion prevailed. SENATE BILLS ON SECOND READING Having been read by title a second time on March 2, 2000 and held, the following bill was taken up and advanced to the order of Third Reading: HOUSE BILL 298. HOUSE BILLS ON THIRD READING The following bill and any amendments adopted thereto were printed and laid upon the Members' desks. This bill has been examined, any amendments thereto engrossed and any errors corrected. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Feigenholtz, HOUSE BILL 298 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 65, Yeas; 49, Nays; 4, Answering Present. (ROLL CALL 6) VERIFIED ROLL CALL This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Cross moved to suspend the provisions of Rule 18(g) to discharge the Committee on Rules from further consideration of HOUSE BILL 2963 and that the measure be advanced to the House floor for immediate consideration. Representative Murphy objected to the motion. The Chair ruled the motion was out of order because it needs unanimous consent. Representative Cross then moved to overrule the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 61, Yeas; 56, Nays; 0, Answering Present. (ROLL CALL 17)
91 [April 6, 2000] The motion prevailed. SENATE BILLS ON SECOND READING SENATE BILL 1660. Having been read by title a second time on earlier today, and held on the order of Second Reading, the same was again taken up. Representative Leitch offered and withdrew Amendment No. 3. There being no further amendments, the bill was advanced to the order of Third Reading. SENATE BILL 1404. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. Representative Burke offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 1404 AMENDMENT NO. 1. Amend Senate Bill 1404, on page 8, line 14, after "period", by inserting ", except that the fee for a license for a person obtaining his or her supervised professional experience as required by subsection (f) of Section 8 of the Illinois Speech-Language Pathology and Audiology Practice Act shall be $60 per one year licensure period". 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 BILL 747. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 747 AMENDMENT NO. 1. Amend Senate Bill 747 by replacing the title with the following: "AN ACT to amend the Property Tax Code by changing Sections 16-125, 16-170, and 16-180 and by adding Section 16-169."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 16-125, 16-170, and 16-180 and by adding Section 16-169 as follows: (35 ILCS 200/16-125) Sec. 16-125. Hearings. In counties with 3,000,000 or more inhabitants, complaints filed with the board of appeals (until the first Monday in December 1998 and the board of review beginning the first Monday in December 1998 and thereafter) shall be classified by townships. All complaints shall be docketed numerically, in the order in which they are presented, as nearly as possible, in books or computer records kept for that purpose, which shall be open to public inspection. The complaints shall be considered by townships until they have been heard and passed upon by the board. After completing final action on all matters in a township, the board shall transmit such final actions to the county assessor. A hearing upon any complaint shall not be held until the taxpayer
[April 6, 2000] 92 affected and the county assessor have each been notified and have been given an opportunity to be heard. All hearings shall be open to the public and the board shall sit together and hear the representations of the interested parties or their representatives. An order for a correction of any assessment shall not be made unless both commissioners of the board, or a majority of the members in the case of a board of review, concur therein, in which case, an order therefor shall be made in open session and entered in the records of the board. When an assessment is ordered corrected, the board shall transmit a computer printout of the results, or make and sign a brief written statement of the reason for the change and the manner in which the method used by the assessor in making the assessment was erroneous, and shall deliver a copy of the statement to the county assessor. Upon request the board shall hear any taxpayer in opposition to a proposed reduction in any assessment. The board may destroy or otherwise dispose of complaints and records pertaining thereto after the lapse of 5
93 [April 6, 2000] may be presented and testified to by any employee of that same office. The Board or
[April 6, 2000] 94 SENATE BILLS ON SECOND READING SENATE BILL 1425. Having been read by title a second time on April 5, 2000, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Local Government, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1425 AMENDMENT NO. 1. Amend Senate Bill 1425 on page 1, by replacing lines 27 and 28 with the following: "to the public without charge for at least one day each week, and, when"; and on page 1, line 31, after "times.", by inserting the following: "During a 2-year period beginning on the effective date of this amendatory Act of the 91st General Assembly, any such aquarium or museum must be open to the public without charge for a period equivalent to 52 days, at least 6 of which must be during the period from June through August, each year, instead of at least one day each week."; and on page 2, line 1, by replacing "provision" with "provisions
95 [April 6, 2000] value as determined by 2 appraisals of the property and of substantially the same or greater suitability for park purposes without additional cost to such district. Prior to such exchange with a nongovernmental entity the park board shall hold a public meeting in order to consider the proposed conveyance. Notice of such meeting shall be published not less than three times (the first and last publication being not less than 10 days apart) in a newspaper of general circulation within the park district. If there is no such newspaper, then such notice shall be posted in not less than 3 public places in said park district and such notice shall not become effective until 10 days after said publication or posting. (c) Notwithstanding any other provision of this Act, this subsection (c) shall apply only to park districts that serve territory within a municipality having more than 40,000 inhabitants and within a county having more than 260,000 inhabitants and bordering the Mississippi River. Any park district owning or holding real estate is authorized to sell that property to any not-for-profit corporation organized under the laws of this State upon the condition that the corporation uses the property for public park or recreational programs for youth. The park district shall have the right of re-entry for breach of condition subsequent. If the corporation stops using the property for these purposes, the property shall revert back to ownership of the park district. Any temporary suspension of use caused by the construction of improvements on the property for public park or recreational programs for youth is not a breach of condition subsequent. Prior to the sale of the property to a not-for-profit corporation, the park board shall hold a public meeting to consider the proposed sale. Notice of the meeting shall be published not less than 3 times (the first and last publication being not less than 10 days apart) in a newspaper of general circulation within the park district. If there is no such newspaper, then the notice shall be posted in not less than 3 public places in the park district. The notice shall be published or posted at least 10 days before the meeting. A resolution to approve the sale of the property to a not-for-profit corporation requires adoption by a majority of the park board. (d) Real estate, not subject to such covenant or which has not been conveyed and replaced as provided in this Section, may be conveyed in the manner provided by Sections 10-7a to 10-7d hereof, inclusive. (e) In addition to any other power provided in this Section, any park district owning or holding real estate that the board deems is not required for park or recreational purposes may lease such real estate to any individual or entity and may collect rents therefrom. Such lease shall not exceed 2 and one-half times the term of years provided for in Section 8-15 governing installment purchase contracts. (f) Notwithstanding any other provision of law, if (i) the real estate that a park district with a population of 3,000 or less transfers by lease, license, development agreement, or other means to any private entity is greater than 70% of the district's total property and (ii) the current use of the real estate will be substantially altered by that private entity, the real estate may be conveyed only in the manner provided for in Sections 10-7a, 10-7b, and 10-7c. (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.) (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a) Sec. 10-7a. When any park district owns and holds such real estate, and desires to sell the same under provisions of Section 10-7 hereof or to transfer real estate subject to subsection (f) of Section 10-7, the board shall, by four-fifths vote, adopt a resolution describing such property and in and by said resolution find and declare that said property is no longer needed or useful for park purposes and that it intends to sell or transfer the same. After said resolution has been adopted the same shall be published not less than 3
[April 6, 2000] 96 district, if any, or if none, then such resolution shall be posted in not less than 3
97 [April 6, 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE APR 06, 2000 0 YEAS 0 NAYS 118 PRESENT P ACEVEDO P FOWLER P LINDNER P REITZ P BASSI P FRANKS P LOPEZ P RIGHTER P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER P BIGGINS P GASH P MATHIAS P SAVIANO P BLACK P GIGLIO P MAUTINO P SCHMITZ P BOLAND P GILES P McAULIFFE P SCHOENBERG P BOST P GRANBERG P McCARTHY P SCOTT P BRADLEY P HAMOS P McGUIRE P SCULLY P BRADY P HANNIG P McKEON P SHARP P BROSNAHAN P HARRIS P MEYER P SILVA P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER P BUGIELSKI P HASSERT P MITCHELL,JERRY P SLONE P BURKE P HOEFT P MOFFITT P SMITH P CAPPARELLI P HOFFMAN P MOORE P SOMMER P COULSON P HOLBROOK P MORROW P STEPHENS P COWLISHAW P HOWARD P MULLIGAN P STROGER P CROSS P HULTGREN P MURPHY P TENHOUSE P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRY P JONES,JOHN P O'BRIEN P WAIT P DANIELS P JONES,LOU P O'CONNOR P WINKEL P DART P JONES,SHIRLEY P OSMOND P WINTERS P DAVIS,MONIQUE P KENNER P OSTERMAN P WIRSING P DAVIS,STEVE P KLINGLER P PANKAU P WOJCIK P DELGADO P KOSEL P PARKE P WOOLARD P DURKIN P KRAUSE P PERSICO P YOUNGE P ERWIN P LANG P POE P ZICKUS P FEIGENHOLTZ P LAWFER P PUGH P MR. SPEAKER P FLOWERS P LEITCH
[April 6, 2000] 98 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1353 ID CARDS-PERMANENT FOR SENIORS THIRD READING PASSED APR 06, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
99 [April 6, 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1735 PROFESSIONAL REG-REPORTS THIRD READING PASSED APR 06, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[April 6, 2000] 100 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1268 CRIM CD-CRIM TRESPASS TO RESID THIRD READING PASSED APR 06, 2000 116 YEAS 0 NAYS 1 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS P TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO A YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
101 [April 6, 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1447 SCH CD-SP ED-SURROGATE PARENT THIRD READING PASSED APR 06, 2000 118 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FOWLER Y LINDNER Y REITZ Y BASSI Y FRANKS Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y GARRETT Y LYONS,JOSEPH Y RYDER Y BIGGINS Y GASH Y MATHIAS Y SAVIANO Y BLACK Y GIGLIO Y MAUTINO Y SCHMITZ Y BOLAND Y GILES Y McAULIFFE Y SCHOENBERG Y BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY Y BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS Y MEYER Y SILVA Y BRUNSVOLD Y HARTKE Y MITCHELL,BILL Y SKINNER Y BUGIELSKI Y HASSERT Y MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT Y MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN Y MOORE Y SOMMER Y COULSON Y HOLBROOK Y MORROW Y STEPHENS Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS Y HULTGREN Y MURPHY Y TENHOUSE Y CROTTY Y JOHNSON,TIM Y MYERS Y TURNER,ART Y CURRIE Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY Y JONES,JOHN Y O'BRIEN Y WAIT Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER Y PANKAU Y WOJCIK Y DELGADO Y KOSEL Y PARKE Y WOOLARD Y DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG Y POE Y ZICKUS Y FEIGENHOLTZ Y LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS Y LEITCH
[April 6, 2000] 102 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 298 HYPO SYRINGES-NEEDLE EXCHANGE THIRD READING PASSED VERIFIED ROLL CALL APR 06, 2000 65 YEAS 49 NAYS 4 PRESENT Y ACEVEDO N FOWLER Y LINDNER N REITZ N BASSI N FRANKS Y LOPEZ N RIGHTER Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN Y RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH Y MATHIAS Y SAVIANO N BLACK N GIGLIO N MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST N GRANBERG N McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE N SCULLY N BRADY Y HANNIG Y McKEON Y SHARP N BROSNAHAN P HARRIS N MEYER N SILVA Y BRUNSVOLD N HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI Y HASSERT N MITCHELL,JERRY Y SLONE Y BURKE Y HOEFT N MOFFITT Y SMITH P CAPPARELLI Y HOFFMAN Y MOORE N SOMMER Y COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD Y MULLIGAN Y STROGER Y CROSS N HULTGREN N MURPHY N TENHOUSE N CROTTY Y JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL P DART Y JONES,SHIRLEY Y OSMOND Y WINTERS N DAVIS,MONIQUE Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,STEVE Y KLINGLER N PANKAU N WOJCIK Y DELGADO N KOSEL Y PARKE Y WOOLARD N DURKIN Y KRAUSE Y PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER P PUGH Y MR. SPEAKER N FLOWERS Y LEITCH
103 [April 6, 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2963 SHALL THE CHAIR BE SUSTAINED PREVAILED APR 06, 2000 61 YEAS 56 NAYS 0 PRESENT Y ACEVEDO Y FOWLER N LINDNER Y REITZ N BASSI Y FRANKS Y LOPEZ N RIGHTER N BEAUBIEN Y FRITCHEY N LYONS,EILEEN N RUTHERFORD N BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER N BIGGINS Y GASH N MATHIAS N SAVIANO N BLACK Y GIGLIO Y MAUTINO N SCHMITZ Y BOLAND Y GILES N McAULIFFE Y SCHOENBERG N BOST Y GRANBERG Y McCARTHY Y SCOTT Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY N BRADY Y HANNIG Y McKEON Y SHARP Y BROSNAHAN Y HARRIS N MEYER Y SILVA Y BRUNSVOLD Y HARTKE N MITCHELL,BILL N SKINNER Y BUGIELSKI N HASSERT N MITCHELL,JERRY Y SLONE Y BURKE N HOEFT N MOFFITT Y SMITH Y CAPPARELLI Y HOFFMAN N MOORE N SOMMER N COULSON Y HOLBROOK Y MORROW N STEPHENS N COWLISHAW Y HOWARD N MULLIGAN Y STROGER N CROSS N HULTGREN Y MURPHY N TENHOUSE Y CROTTY N JOHNSON,TIM N MYERS Y TURNER,ART Y CURRIE N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRY N JONES,JOHN Y O'BRIEN N WAIT N DANIELS Y JONES,LOU N O'CONNOR N WINKEL Y DART Y JONES,SHIRLEY N OSMOND N WINTERS Y DAVIS,MONIQUE Y KENNER Y OSTERMAN N WIRSING Y DAVIS,STEVE N KLINGLER N PANKAU N WOJCIK A DELGADO N KOSEL N PARKE Y WOOLARD N DURKIN N KRAUSE N PERSICO Y YOUNGE Y ERWIN Y LANG N POE N ZICKUS Y FEIGENHOLTZ N LAWFER Y PUGH Y MR. SPEAKER Y FLOWERS N LEITCH