STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
118TH LEGISLATIVE DAY
FRIDAY, APRIL 7, 2000
10:00 0'CLOCK A.M.
NO. 118
[April 7, 2000] 2
HOUSE OF REPRESENTATIVES
Daily Journal Index
118th Legislative Day
Action Page(s)
Adjournment........................................ 315
Balanced Budget Note Requested..................... 6
Correctional Budget And Impact Note Supplied....... 7
Fiscal Note Requested.............................. 6
Home Rule Note Requested........................... 6
Home Rule Notes Supplied........................... 6
Judicial Note Requested............................ 7
Land Conveyance Appraisal Note Requested........... 7
Letter of Transmittal.............................. 4
Pension Impact Note Requested...................... 7
Quorum Roll Call................................... 4
Re-referred to the Committee on Rules.............. 5
State Debt Impact Note Requested................... 7
State Mandate Note Requested....................... 6
State Mandate Note Supplied........................ 6
Temporary Committee Assignments.................... 4
Bill Number Legislative Action Page(s)
HB 0390 Senate Message - Passage w/ SA..................... 14
HB 0730 Senate Message - Passage w/ SA..................... 15
HB 0739 Senate Message - Passage w/ SA..................... 144
HB 0840 Senate Message - Passage w/ SA..................... 25
HB 0861 Senate Message - Passage w/ SA..................... 147
HB 1534 Senate Message - Passage w/ SA..................... 215
HB 1785 Senate Message - Passage w/ SA..................... 26
HB 1841 Motion Submitted................................... 6
HB 1841 Senate Message - Passage w/ SA..................... 83
HB 1853 Senate Message - Passage w/ SA..................... 216
HB 1854 Senate Message - Passage w/ SA..................... 216
HB 1992 Senate Message - Passage w/ SA..................... 15
HB 2261 Senate Message - Passage w/ SA..................... 29
HB 2884 Senate Message - Passage w/ SA..................... 220
HB 2980 Senate Message - Passage w/ SA..................... 99
HB 2991 Senate Message - Passage w/ SA..................... 101
HB 2997 Senate Message - Passage w/ SA..................... 16
HB 3082 Senate Message - Passage w/ SA..................... 101
HB 3093 Senate Message - Passage w/ SA..................... 103
HB 3455 Senate Message - Passage w/ SA..................... 107
HB 3457 Senate Message - Passage w/ SA..................... 106
HB 3465 Senate Message - Passage w/ SA..................... 107
HB 3476 Senate Message - Passage w/ SA..................... 111
HB 3588 Senate Message - Passage w/ SA..................... 116
HB 3621 Senate Message - Passage w/ SA..................... 117
HB 3756 Senate Message - Passage w/ SA..................... 118
HB 3928 Senate Message - Passage w/ SA..................... 120
HB 3929 Senate Message - Passage w/ SA..................... 120
HB 4022 Senate Message - Passage w/ SA..................... 220
HB 4045 Senate Message - Passage w/ SA..................... 121
HB 4124 Senate Message - Passage w/ SA..................... 124
HB 4176 Motion Submitted................................... 6
HB 4176 Senate Message - Passage w/ SA..................... 126
HB 4228 Senate Message - Passage w/ SA..................... 131
HB 4396 Senate Message - Passage w/ SA..................... 135
HB 4431 Senate Message - Passage w/ SA..................... 20
SB 0677 Committee Report-Floor Amendment/s................. 221
SB 0730 Third Reading...................................... 221
3 [April 7, 2000]
Bill Number Legislative Action Page(s)
SB 0747 Third Reading...................................... 222
SB 0807 Second Reading - Amendment/s....................... 224
SB 1249 Third Reading...................................... 222
SB 1281 Recall............................................. 224
SB 1281 Second Reading..................................... 222
SB 1296 Second Reading - Amendment/s....................... 313
SB 1296 Third Reading...................................... 314
SB 1307 Third Reading...................................... 223
SB 1330 Second Reading..................................... 245
SB 1377 Third Reading...................................... 224
SB 1404 Third Reading...................................... 222
SB 1425 Third Reading...................................... 223
SB 1426 Third Reading...................................... 221
SB 1439 Motion Submitted................................... 6
SB 1451 Third Reading...................................... 223
SB 1453 Third Reading...................................... 223
SB 1513 Second Reading - Amendment/s....................... 245
SB 1541 Third Reading...................................... 223
SB 1629 Third Reading...................................... 313
SB 1660 Third Reading...................................... 224
SB 1690 Third Reading...................................... 222
SB 1707 Committee Report-Floor Amendment/s................. 221
SB 1707 Second Reading - Amendment/s....................... 245
SB 1780 Third Reading...................................... 221
SB 1851 Third Reading...................................... 222
SB 1871 Third Reading...................................... 223
SB 1881 Second Reading - Amendment/s....................... 237
SJR 0018 Senate Message..................................... 21
[April 7, 2000] 4
The House met pursuant to adjournment.
Representative Hartke in the Chair.
Prayer by Pastor Jim McGuire of the Living Way Church in New Lenox,
Illinois.
Representative Bellock led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain the
attendance of Members, as follows:
117 present. (ROLL CALL 1)
By unanimous consent, Representative Ryder was excused from
attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Winters replaced Representative Krause in the
Committee on Elementary & Secondary Education on April 5, 2000.
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 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.
Representative Stroger replaced Representative Scott, and
Representative McCarthy replaced Representative Mautino in the
Committee on Local Government on April 5, 2000.
Representative Crotty replaced Representative Hamos in the
Committee on Judiciary I-Civil Law on April 5, 2000.
Representative Hoffman replaced Representative Crotty in the
Committee on Constitutional Officers on April 5, 2000.
Representative Scott replaced Representative Smith in the Committee
on Judiciary II-Criminal Law on April 5, 2000.
Representative Joseph Lyons replaced Representative Pugh in the
Committee on Revenue on April 5, 2000.
Representative Hoffman will replace Representative Art Turner in
the Committee on Revenue for today only.
Representative Lyons replaced Representative Scott in the Committee
on Election Utility Deregulation on April 6, 2000.
Representative Hannig replaced Representative McCarthy in the
Committee on Elections & Campaign Reform on April 6, 2000.
Representative Hamos replaced Representative Kenner, Representative
Joseph Lyons replaced Representative Flowers and Representative Hannig
replaced Representative Pugh, in the Committee on Human Services on
April 6, 2000.
Representative Joseph Lyons replaced Representative Sharp in the
Committee on Human Services on April 7, 2000.
LETTER OF TRANSMITTAL
GENERAL ASSEMBLY
STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield IL 62706
Dear Mr. Clerk:
5 [April 7, 2000]
Please be advised that I have extended the Third Reading Deadline to
April 14, 2000 for the following Senate Bills:
SENATE BILLS 121, 334, 385, 649, 807, 1003, 1007, 1046, 1231, 1281,
1298, 1321, 1330, 1359, 1360, 1361, 1362, 1363, 1364, 1365, 1389, 1391,
1393, 1397, 1400, 1440, 1444, 1503, 1507, 1513, 1514, 1524, 1537, 1559,
1577, 1620, 1627, 1636, 1645, 1647, 1680, 1693, 1707, 1828, 1829,
1853, 1855, 1860, 1881 and 1899.
If you have questions, please contact my Chief of Staff.
With kindest personal regards, I remain
Sincerely,
s/Michael J. Madigan
Speaker of the House
GENERAL ASSEMBLY
STATE OF ILLINOIS
HOUSE OF REPRESENTATIVES
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield IL 62706
Dear Mr. Clerk:
Please be advised that I have extended the Committee and the Third
Reading Deadlines to April 14, 2000 for Senate Bill 1278.
If you have any questions, please contact my Chief of Staff Tim Mapes.
With kindest personal regards, I remain
Sincerely,
s/Michael J. Madigan
Speaker of the House
ILLINOIS HOUSE OF REPRESENTATIVES
DAVID WINTERS
STATE REPRESENTATIVE
69TH DISTRICT
April 27, 2000
Tony Rossi
Clerk of the House of Representatives
Room 402 State House
Springfield, IL 62706
Dear Mr. Rossi:
I was temporarily out of the House Chambers when a verification vote
was taken on SB 747. I was recorded as absent. I wish to be recorded
as a no vote.
Thank you for your assistance in this matter.
Sincerely, s/DAVE WINTERS STATE REPRENSENTATIVE
RE-REFERRED TO THE COMMITTEE ON RULES
[April 7, 2000] 6
The following bills were re-referred to the Committee on Rules
pursuant to Rule 19(a): SENATE BILLS 677, 1295, 1303, 1310, 1428, 1477,
1652, 1659, 1733, 1852, 1923 and 1929.
MOTIONS
SUBMITTED
Representative Stephens submitted the following written motion,
which was placed on the order of Motions:
MOTION
Pursuant to Rule 18(g), I move to discharge the Committee on Rules
from further consideration of SENATE BILL 1439 and advance to the order
of Second Reading - Standard Debate.
JOINT ACTION MOTIONS SUBMITTED
Representative Hultgren 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 4176.
Representative Saviano 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 4 to HOUSE
BILL 1841.
REQUEST FOR FISCAL NOTE
Representative Wirsing requested that a Fiscal Note be supplied for
SENATE BILL 1444, as amended.
Representative Giglio requested that a Fiscal Note be supplied for
SENATE BILL 1852, as amended.
REQUEST FOR HOME RULE NOTE
Representative Giglio requested that a Home Rule Note be supplied
for SENATE BILL 1852, as amended.
HOME RULE NOTES SUPPLIED
Home Rule Notes have been supplied for SENATE BILLS 1541, as
amended and 1577, as amended.
REQUEST FOR STATE MANDATE NOTE
Representative Giglio requested that a State Mandate Note be
supplied for SENATE BILL 1852, as amended.
STATE MANDATE NOTE SUPPLIED
A State Mandate Note has been supplied for SENATE BILL 807, as
amended.
REQUEST FOR BALANCED BUDGET NOTE
7 [April 7, 2000]
Representative Giglio requested that a Balanced Budget Note be
supplied for SENATE BILL 1852, as amended.
REQUEST FOR JUDICIAL NOTE
Representative Giglio requested that a Judicial Note be supplied
for SENATE BILL 1852, as amended.
REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE
Representative Giglio requested that a Land Conveyance Appraisal
Note be supplied for SENATE BILL 1852, as amended.
REQUEST FOR PENSION IMPACT NOTE
Representative Giglio requested that a Pension Impact Note be
supplied for SENATE BILL 1852, as amended.
REQUEST FOR STATE DEBT IMPACT NOTE
Representative Giglio requested that a State Debt Impact Note be
supplied for SENATE BILL 1852, as amended.
CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED
A Correctional Budget And Impact Note has been supplied for SENATE
BILL 1393.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 390
A bill for AN ACT to amend the Illinois Municipal Code by changing
Section 2-3-5 and the Division 96 heading and adding Section 11-96-5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 390.
Senate Amendment No. 2 to HOUSE BILL NO. 390.
Passed the Senate, as amended, April 6, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 390 by replacing the title with
the following:
"AN ACT concerning criminal background investigations."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Park District Code is amended by adding Section
[April 7, 2000] 8
8-23 as follows:
(70 ILCS 1205/8-23 new)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is required
as a condition of employment to authorize an investigation to determine
if the applicant has been convicted of any of the enumerated criminal
or drug offenses in subsection (c) of this Section or has been
convicted, within 7 years of the application for employment with the
park district, of any other felony under the laws of this State or of
any offense committed or attempted in any other state or against the
laws of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of this
State. Authorization for the investigation shall be furnished by the
applicant to the park district. Upon receipt of this authorization, the
park district shall submit the applicant's name, sex, race, date of
birth, and social security number to the Department of State Police on
forms prescribed by the Department of State Police. The Department of
State Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of this
Section or has been convicted, within 7 years of the application for
employment with the park district, of any other felony under the laws
of this State or of any offense committed or attempted in any other
state or against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony under
the laws of this State. The Department of State Police shall charge
the park district a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry. The applicant shall not be charged a
fee by the park district for the investigation.
(b) The Department of State Police shall furnish, pursuant to
positive identification, records of convictions, until expunged, to the
president of the park district. Any information concerning the record
of convictions obtained by the president shall be confidential and may
only be transmitted to those persons who are necessary to the decision
on whether to hire the applicant for employment. A copy of the record
of convictions obtained from the Department of State Police shall be
provided to the applicant for employment. Any person who releases any
confidential information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A misdemeanor,
unless the release of such information is authorized by this Section.
(c) No park district shall knowingly employ a person who has been
convicted for committing attempted first degree murder or for
committing or attempting to commit first degree murder, a Class X
felony, or any one or more of the following offenses: (i) those
defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) those
defined in the Cannabis Control Act, except those defined in Sections
4(a), 4(b), and 5(a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; and (iv) any offense committed or attempted
in any other state or against the laws of the United States, which, if
committed or attempted in this State, would have been punishable as one
or more of the foregoing offenses. Further, no park district shall
knowingly employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987. No
park district shall knowingly employ a person for whom a criminal
background investigation has not been initiated.
Section 10. The Chicago Park District Act is amended by adding
Section 16a-5 as follows:
(70 ILCS 1505/16a-5 new)
Sec. 16a-5. Criminal background investigations.
(a) An applicant for employment with the Chicago Park District is
required as a condition of employment to authorize an investigation to
determine if the applicant has been convicted of any of the enumerated
9 [April 7, 2000]
criminal or drug offenses in subsection (c) of this Section or has been
convicted, within 7 years of the application for employment with the
Chicago Park District, of any other felony under the laws of this State
or of any offense committed or attempted in any other state or against
the laws of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of this
State. Authorization for the investigation shall be furnished by the
applicant to the Chicago Park District. Upon receipt of this
authorization, the Chicago Park District shall submit the applicant's
name, sex, race, date of birth, and social security number to the
Department of State Police on forms prescribed by the Department of
State Police. The Department of State Police shall conduct an
investigation to ascertain if the applicant being considered for
employment has been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been convicted,
within 7 years of the application for employment with the Chicago Park
District, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this State.
The Department of State Police shall charge the Chicago Park District a
fee for conducting the investigation, which fee shall be deposited in
the State Police Services Fund and shall not exceed the cost of the
inquiry. The applicant shall not be charged a fee by the Chicago Park
District for the investigation.
(b) The Department of State Police shall furnish, pursuant to
positive identification, records of convictions, until expunged, to the
president of the Chicago Park District. Any information concerning the
record of convictions obtained by the president shall be confidential
and may only be transmitted to those persons who are necessary to the
decision on whether to hire the applicant for employment. A copy of
the record of convictions obtained from the Department of State Police
shall be provided to the applicant for employment. Any person who
releases any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is authorized by
this Section.
(c) The Chicago Park District may not knowingly employ a person
who has been convicted for committing attempted first degree murder or
for committing or attempting to commit first degree murder, a Class X
felony, or any one or more of the following offenses: (i) those
defined in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) those
defined in the Cannabis Control Act, except those defined in Sections
4(a), 4(b), and 5(a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; and (iv) any offense committed or attempted
in any other state or against the laws of the United States, which, if
committed or attempted in this State, would have been punishable as one
or more of the foregoing offenses. Further, the Chicago Park District
may not knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18 years of
age pursuant to proceedings under Article II of the Juvenile Court Act
of 1987. The Chicago Park District may not knowingly employ a person
for whom a criminal background investigation has not been initiated.
Section 15. The School Code is amended by changing Sections
10-21.9 and 34-18.5 as follows:
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified applicants
for employment with a school district, except school bus driver
applicants, are required as a condition of employment to authorize an
investigation to determine if such applicants have been convicted of
any of the enumerated criminal or drug offenses in subsection (c) of
this Section or have been convicted, within 7 years of the application
for employment with the school district, of any other felony under the
[April 7, 2000] 10
laws of this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if committed
or attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the investigation shall
be furnished by the applicant to the school district, except that if
the applicant is a substitute teacher seeking employment in more than
one school district, a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading specialist,
special education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than one
district, any such district may require the applicant to furnish
authorization for the investigation to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a substitute
or concurrent part-time teacher or concurrent educational support
personnel employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the case may
be, shall submit the applicant's name, sex, race, date of birth and
social security number to the Department of State Police on forms
prescribed by the Department. The regional superintendent submitting
the requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
investigation of the applicant has been requested. The Department of
State Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or has been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of
any offense committed or attempted in any other state or against the
laws of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of this
State. The Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and the
applicant shall not be charged a fee for such investigation by the
school district or by the regional superintendent. The regional
superintendent may seek reimbursement from the State Board of Education
or the appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal background
investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to the
president of the school board for the school district which requested
the investigation, or to the regional superintendent who requested the
investigation. Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be transmitted to the
superintendent of the school district or his designee, the appropriate
regional superintendent if the investigation was requested by the
school district, the presidents of the appropriate school boards if the
investigation was requested from the Department of State Police by the
regional superintendent, the State Superintendent of Education, the
State Teacher Certification Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the record
of convictions obtained from the Department of State Police shall be
provided to the applicant for employment. If an investigation of an
applicant for employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee in more
than one school district was requested by the regional superintendent,
and the Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated criminal
or drug offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school district, of
11 [April 7, 2000]
any other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws of the
United States that, if committed or attempted in this State, would have
been punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional superintendent
shall issue to the applicant a certificate evidencing that as of the
date specified by the Department of State Police the applicant has not
been convicted of any of the enumerated criminal or drug offenses in
subsection (c) or has not been convicted, within 7 years of the
application for employment with the school district, of any other
felony under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The school board
of any school district located in the educational service region served
by the regional superintendent who issues such a certificate to an
applicant for employment as a substitute teacher in more than one such
district may rely on the certificate issued by the regional
superintendent to that applicant, or may initiate its own investigation
of the applicant through the Department of State Police as provided in
subsection (a). Any person who releases any confidential information
concerning any criminal convictions of an applicant for employment
shall be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
(c) No school board shall knowingly employ a person who has been
convicted for committing attempted first degree murder or for
committing or attempting to commit first degree murder or a Class X
felony or any one or more of the following offenses: (i) those defined
in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1,
12-15 and 12-16 of the "Criminal Code of 1961"; (ii) those defined in
the "Cannabis Control Act" except those defined in Sections 4(a), 4(b)
and 5(a) of that Act; (iii) those defined in the "Illinois Controlled
Substances Act"; and (iv) any offense committed or attempted in any
other state or against the laws of the United States, which if
committed or attempted in this State, would have been punishable as one
or more of the foregoing offenses. Further, no school board shall
knowingly employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for whom a
criminal background investigation has not been initiated.
(e) Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any certificate issued pursuant to Article
21 or Section 34-8.1 or 34-83 of the School Code, the appropriate
regional superintendent of schools or the State Superintendent of
Education shall initiate the certificate suspension and revocation
proceedings authorized by law.
(f) After January 1, 1990 the provisions of this Section shall
apply to all employees of persons or firms holding contracts with any
school district including, but not limited to, food service workers,
school bus drivers and other transportation employees, who have direct,
daily contact with the pupils of any school in such district. For
purposes of criminal background investigations on employees of persons
or firms holding contracts with more than one school district and
assigned to more than one school district, the regional superintendent
of the educational service region in which the contracting school
districts are located may, at the request of any such school district,
be responsible for receiving the authorization for investigation
prepared by each such employee and submitting the same to the
Department of State Police. Any information concerning the record of
conviction of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the appropriate school
board or school boards.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-610, eff.
8-6-96; 90-566, eff. 1-2-98.)
[April 7, 2000] 12
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal background investigations.
(a) After August 1, 1985, certified and noncertified applicants
for employment with the school district are required as a condition of
employment to authorize an investigation to determine if such
applicants have been convicted of any of the enumerated criminal or
drug offenses in subsection (c) of this Section or have been convicted,
within 7 years of the application for employment with the school
district, of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this State,
would have been punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the applicant
to the school district, except that if the applicant is a substitute
teacher seeking employment in more than one school district, or a
teacher seeking concurrent part-time employment positions with more
than one school district (as a reading specialist, special education
teacher or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any such
district may require the applicant to furnish authorization for the
investigation to the regional superintendent of the educational service
region in which are located the school districts in which the applicant
is seeking employment as a substitute or concurrent part-time teacher
or concurrent educational support personnel employee. Upon receipt of
this authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the applicant's name,
sex, race, date of birth and social security number to the Department
of State Police on forms prescribed by the Department. The regional
superintendent submitting the requisite information to the Department
of State Police shall promptly notify the school districts in which the
applicant is seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee that the
investigation of the applicant has been requested. The Department of
State Police shall conduct an investigation to ascertain if the
applicant being considered for employment has been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or has been
convicted, within 7 years of the application for employment with the
school district, of any other felony under the laws of this State or of
any offense committed or attempted in any other state or against the
laws of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of this
State. The Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and the
applicant shall not be charged a fee for such investigation by the
school district or by the regional superintendent. The regional
superintendent may seek reimbursement from the State Board of Education
or the appropriate school district or districts for fees paid by the
regional superintendent to the Department for the criminal background
investigations required by this Section.
(b) The Department shall furnish, pursuant to positive
identification, records of convictions, until expunged, to the
president of the board of education for the school district which
requested the investigation, or to the regional superintendent who
requested the investigation. Any information concerning the record of
convictions obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school district or his
designee, the appropriate regional superintendent if the investigation
was requested by the board of education for the school district, the
presidents of the appropriate board of education or school boards if
the investigation was requested from the Department of State Police by
the regional superintendent, the State Superintendent of Education, the
State Teacher Certification Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the record
13 [April 7, 2000]
of convictions obtained from the Department of State Police shall be
provided to the applicant for employment. If an investigation of an
applicant for employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee in more
than one school district was requested by the regional superintendent,
and the Department of State Police upon investigation ascertains that
the applicant has not been convicted of any of the enumerated criminal
or drug offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school district, of
any other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws of the
United States that, if committed or attempted in this State, would have
been punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional superintendent
shall issue to the applicant a certificate evidencing that as of the
date specified by the Department of State Police the applicant has not
been convicted of any of the enumerated criminal or drug offenses in
subsection (c) or has not been convicted, within 7 years of the
application for employment with the school district, of any other
felony under the laws of this State or of any offense committed or
attempted in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The school board
of any school district located in the educational service region served
by the regional superintendent who issues such a certificate to an
applicant for employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee in more
than one such district may rely on the certificate issued by the
regional superintendent to that applicant, or may initiate its own
investigation of the applicant through the Department of State Police
as provided in subsection (a). Any person who releases any confidential
information concerning any criminal convictions of an applicant for
employment shall be guilty of a Class A misdemeanor, unless the release
of such information is authorized by this Section.
(c) The board of education shall not knowingly employ a person who
has been convicted for committing attempted first degree murder or for
committing or attempting to commit first degree murder or a Class X
felony or any one or more of the following offenses: (i) those defined
in Sections 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1,
12-15 and 12-16 of the Criminal Code of 1961; (ii) those defined in the
Cannabis Control Act, except those defined in Sections 4(a), 4(b) and
5(a) of that Act; (iii) those defined in the Illinois Controlled
Substances Act; and (iv) any offense committed or attempted in any
other state or against the laws of the United States, which if
committed or attempted in this State, would have been punishable as one
or more of the foregoing offenses. Further, the board of education
shall not knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18 years of
age pursuant to proceedings under Article II of the Juvenile Court Act
of 1987.
(d) The board of education shall not knowingly employ a person for
whom a criminal background investigation has not been initiated.
(e) Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any certificate issued pursuant to Article
21 or Section 34-8.1 or 34-83 of the School Code, the board of
education or the State Superintendent of Education shall initiate the
certificate suspension and revocation proceedings authorized by law.
(f) After March 19, 1990, the provisions of this Section shall
apply to all employees of persons or firms holding contracts with any
school district including, but not limited to, food service workers,
school bus drivers and other transportation employees, who have direct,
daily contact with the pupils of any school in such district. For
purposes of criminal background investigations on employees of persons
or firms holding contracts with more than one school district and
assigned to more than one school district, the regional superintendent
[April 7, 2000] 14
of the educational service region in which the contracting school
districts are located may, at the request of any such school district,
be responsible for receiving the authorization for investigation
prepared by each such employee and submitting the same to the
Department of State Police. Any information concerning the record of
conviction of any such employee obtained by the regional superintendent
shall be promptly reported to the president of the appropriate school
board or school boards.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-610, eff.
8-6-96; 90-566, eff. 1-2-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 390, AS AMENDED with page and
line reference to Senate Amendment No. 1, on page 4, lines 31 and 33,
by replacing "president" each time it appears with "General
Superintendent and Chief Executive Officer".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 390 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 730
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 3-6.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 730.
Senate Amendment No. 2 to HOUSE BILL NO. 730.
Passed the Senate, as amended, April 6, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 730 by replacing the title with
the following:
"AN ACT to amend the Criminal Code of 1961 by adding Section
31-5.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding Section
31-5.5 as follows:
(720 ILCS 5/31-5.5 new)
Sec. 31-5.5. Notification to peace officer of the commission of
certain sex offenses at carnivals and fairs.
(a) An official or employee of an operator of an amusement
attraction, carnival, fair, or other place where amusement rides are
present who knows or reasonably should know that an employee of the
operator of the amusement attraction, carnival, fair, or other place
where amusement rides are present has committed an unlawful sex act
against a child on the premises of the amusement attraction, carnival,
fair, or other place where amusement rides are present shall
immediately notify local law enforcement officials of the occurrence of
15 [April 7, 2000]
the unlawful sex act against a child.
(b) Sentence. Failure to provide the notification to a peace
officer as required in subsection (a) is a Class A misdemeanor.
(c) Definitions. For purpose of this Section:
(1) "Amusement attraction", "carnival", "fair", and
"operator" have the meanings ascribed to them in Section 2-2 of the
Carnival and Amusement Rides Safety Act;
(2) "Child" meaning a person under 18 years of age;
(3) "Unlawful sex act against a child" means an offense
described in Article 11 or Section 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 in which the victim, at the time
of the commission of the offense, is under 18 years of age.".
AMENDMENT NO. 2. Amend House Bill 730, AS AMENDED, with page and
line number references to Senate Amendment No. 1, on page 1, lines 15
and 16, by deleting "or reasonably should know".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 730 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 1992
A bill for AN ACT to amend the State Finance Act by changing
Section 1.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1992.
Passed the Senate, as amended, April 6, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1992 on page 1, by inserting
below line 10 the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1992 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2997
A bill for AN ACT to amend the Code of Civil Procedure by changing
Sections 12-910 and 12-911.
[April 7, 2000] 16
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2997.
Senate Amendment No. 2 to HOUSE BILL NO. 2997.
Passed the Senate, as amended, April 6, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2997 on page 1, line 13, by
replacing "judgement" with "judgment"; and
on page 2, line 19, by replacing "commissioners" with "commissioners
the State certified general real estate appraiser or State certified
residential real estate appraiser".
AMENDMENT NO. 2. Amend House Bill 2997 as follows:
on page 2, line 24, by replacing "mail," with "mail by certified
mail,"; and
on page 2, line 25, by replacing "mailed," with "mailed by certified
mail,".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2997 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4431
A bill for AN ACT concerning taxes, amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4431.
Passed the Senate, as amended, April 6, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4431 on page 1, line 5, after
"405,", by inserting "502,"; and
on page 52, immediately below line 22, by inserting the following:
"(35 ILCS 5/502) (from Ch. 120, par. 5-502)
Sec. 502. Returns and notices.
(a) In general. A return with respect to the taxes imposed by this
Act shall be made by every person for any taxable year:
(1) For which such person is liable for a tax imposed by this
Act, or
(2) In the case of a resident or in the case of a corporation
which is qualified to do business in this State, for which such
person is required to make a federal income tax return, regardless
of whether such person is liable for a tax imposed by this Act.
17 [April 7, 2000]
However, this paragraph shall not require a resident to make a
return if such person has an Illinois base income of the basic
amount in Section 204(b) or less and is either claimed as a
dependent on another person's tax return under the Internal Revenue
Code of 1986, or is claimed as a dependent on another person's tax
return under this Act.
(b) Fiduciaries and receivers.
(1) Decedents. If an individual is deceased, any return or
notice required of such individual under this Act shall be made by
his executor, administrator, or other person charged with the
property of such decedent.
(2) Individuals under a disability. If an individual is
unable to make a return or notice required under this Act, the
return or notice required of such individual shall be made by his
duly authorized agent, guardian, fiduciary or other person charged
with the care of the person or property of such individual.
(3) Estates and trusts. Returns or notices required of an
estate or a trust shall be made by the fiduciary thereof.
(4) Receivers, trustees and assignees for corporations. In a
case where a receiver, trustee in bankruptcy, or assignee, by order
of a court of competent jurisdiction, by operation of law, or
otherwise, has possession of or holds title to all or substantially
all the property or business of a corporation, whether or not such
property or business is being operated, such receiver, trustee, or
assignee shall make the returns and notices required of such
corporation in the same manner and form as corporations are
required to make such returns and notices.
(c) Joint returns by husband and wife.
(1) Except as provided in paragraph (3), if a husband and
wife file a joint federal income tax return for a taxable year they
shall file a joint return under this Act for such taxable year and
their liabilities shall be joint and several, but if the federal
income tax liability of either spouse is determined on a separate
federal income tax return, they shall file separate returns under
this Act.
(2) If neither spouse is required to file a federal income
tax return and either or both are required to file a return under
this Act, they may elect to file separate or joint returns and
pursuant to such election their liabilities shall be separate or
joint and several.
(3) If either husband or wife is a resident and the other is
a nonresident, they shall file separate returns in this State on
such forms as may be required by the Department in which event
their tax liabilities shall be separate; but they may elect to
determine their joint net income and file a joint return as if both
were residents and in such case, their liabilities shall be joint
and several.
(4) Innocent spouses.
(A) However, for tax liabilities arising and paid prior
to the effective date of this amendatory Act of the 91st
General Assembly, an innocent spouse shall be relieved of
liability for tax (including interest and penalties) for any
taxable year for which a joint return has been made, upon
submission of proof that the Internal Revenue Service has made
a determination under Section 6013(e) of the Internal Revenue
Code, for the same taxable year, which determination relieved
the spouse from liability for federal income taxes. If there
is no federal income tax liability at issue for the same
taxable year, the Department shall rely on the provisions of
Section 6013(e) to determine whether the person requesting
innocent spouse abatement of tax, penalty, and interest is
entitled to that relief.
(B) For tax liabilities arising after the effective date
of this amendatory Act of the 91st General Assembly or which
arose prior to that effective date, but remain unpaid as of
the effective date, if an individual who filed a joint return
[April 7, 2000] 18
for any taxable year has made an election under this
paragraph, the individual's liability for any tax shown on the
joint return shall not exceed the individual's separate return
amount and the individual's liability for any deficiency
assessed for that taxable year shall not exceed the portion of
the deficiency properly allocable to the individual. For
purposes of this paragraph:
(i) An election properly made pursuant to Section
6015 of the Internal Revenue Code shall constitute an
election under this paragraph, provided that the election
shall not be effective until the individual has notified
the Department of the election in the form and manner
prescribed by the Department.
(ii) If no election has been made under Section
6015, the individual may make an election under this
paragraph in the form and manner prescribed by the
Department, provided that no election may be made if the
Department finds that assets were transferred between
individuals filing a joint return as part of a scheme by
such individuals to avoid payment of Illinois income tax
and the election shall not eliminate the individual's
liability for any portion of a deficiency attributable to
an error on the return of which the individual had actual
knowledge as of the date of filing.
(iii) In determining the separate return amount or
portion of any deficiency attributable to an individual,
the Department shall follow the provisions in Section
6015(b) and (c) of the Internal Revenue Code.
(iv) In determining the validity of an individual's
election under subparagraph (ii) and in determining an
electing individual's separate return amount or portion
of any deficiency under subparagraph (iii), any
determination made by the Secretary of the Treasury under
Section 6015(a) of the Internal Revenue Code regarding
criteria for eligibility or under Section 6015(b) or (c)
of the Internal Revenue Code regarding the allocation of
any item of income, deduction, payment, or credit between
an individual making the federal election and that
individual's spouse shall be conclusively presumed to be
correct. With respect to any item that is not the
subject of a determination by the Secretary of the
Treasury, in any proceeding involving this subsection,
the individual making the election shall have the burden
of proof with respect to any item except that the
Department shall have the burden of proof with respect to
items in subdivision (ii).
(v) Any election made by an individual under this
subsection shall apply to all years for which that
individual and the spouse named in the election have
filed a joint return.
(vi) After receiving a notice that the federal
election has been made or after receiving an election
under subdivision (ii), the Department shall take no
collection action against the electing individual for any
liability arising from a joint return covered by the
election until the Department has notified the electing
individual in writing that the election is invalid or of
the portion of the liability the Department has allocated
to the electing individual. Within 60 days (150 days if
the individual is outside the United States) after the
issuance of such notification, the individual may file a
written protest of the denial of the election or of the
Department's determination of the liability allocated to
him or her and shall be granted a hearing within the
Department under the provisions of Section 908. If a
protest is filed, the Department shall take no collection
19 [April 7, 2000]
action against the electing individual until the decision
regarding the protest has become final under subsection
(d) of Section 908 or, if administrative review of the
Department's decision is requested under Section 1201,
until the decision of the court becomes final.
(d) Partnerships. Every partnership having any base income
allocable to this State in accordance with section 305(c) shall retain
information concerning all items of income, gain, loss and deduction;
the names and addresses of all of the partners, or names and addresses
of members of a limited liability company, or other persons who would
be entitled to share in the base income of the partnership if
distributed; the amount of the distributive share of each; and such
other pertinent information as the Department may by forms or
regulations prescribe. The partnership shall make that information
available to the Department when requested by the Department.
(e) For taxable years ending on or after December 31, 1985, and
before December 31, 1993, taxpayers that are corporations (other than
Subchapter S corporations) having the same taxable year and that are
members of the same unitary business group may elect to be treated as
one taxpayer for purposes of any original return, amended return which
includes the same taxpayers of the unitary group which joined in the
election to file the original return, extension, claim for refund,
assessment, collection and payment and determination of the group's tax
liability under this Act. This subsection (e) does not permit the
election to be made for some, but not all, of the purposes enumerated
above. For taxable years ending on or after December 31, 1987,
corporate members (other than Subchapter S corporations) of the same
unitary business group making this subsection (e) election are not
required to have the same taxable year.
For taxable years ending on or after December 31, 1993, taxpayers
that are corporations (other than Subchapter S corporations) and that
are members of the same unitary business group shall be treated as one
taxpayer for purposes of any original return, amended return which
includes the same taxpayers of the unitary group which joined in filing
the original return, extension, claim for refund, assessment,
collection and payment and determination of the group's tax liability
under this Act.
(f) The Department may promulgate regulations to permit
nonresident individual partners of the same partnership, nonresident
Subchapter S corporation shareholders of the same Subchapter S
corporation, and nonresident individuals transacting an insurance
business in Illinois under a Lloyds plan of operation, and nonresident
individual members of the same limited liability company that is
treated as a partnership under Section 1501 (a)(16) of this Act, to
file composite individual income tax returns reflecting the composite
income of such individuals allocable to Illinois and to make composite
individual income tax payments. The Department may by regulation also
permit such composite returns to include the income tax owed by
Illinois residents attributable to their income from partnerships,
Subchapter S corporations, insurance businesses organized under a
Lloyds plan of operation, or limited liability companies that are
treated as partnership under Section 1501 (a)(16) of this Act, in which
case such Illinois residents will be permitted to claim credits on
their individual returns for their shares of the composite tax
payments. This paragraph of subsection (f) applies to taxable years
ending on or after December 31, 1987.
For taxable years ending on or after December 31, 1999, the
Department may, by regulation, also permit any persons transacting an
insurance business organized under a Lloyds plan of operation to file
composite returns reflecting the income of such persons allocable to
Illinois and the tax rates applicable to such persons under Section 201
and to make composite tax payments and shall, by regulation, also
provide that the income and apportionment factors attributable to the
transaction of an insurance business organized under a Lloyds plan of
operation by any person joining in the filing of a composite return
shall, for purposes of allocating and apportioning income under Article
[April 7, 2000] 20
3 of this Act and computing net income under Section 202 of this Act,
be excluded from any other income and apportionment factors of that
person or of any unitary business group, as defined in subdivision
(a)(27) of Section 1501, to which that person may belong.
(g) The Department may adopt rules to authorize the electronic
filing of any return required to be filed under this Section.
(Source: P.A. 90-613, eff. 7-9-98; 91-541, eff. 8-13-99.)"; and
on page 67, by deleting lines 31 and 32, by deleting all of pages 68
through 145, and on page 146, by deleting lines 1 through 15.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4431 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has adopted the following Senate Joint Resolution, in
the adoption of which I am instructed to ask the concurrence of the
House of Representatives, to-wit:
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT NO. 18
RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE
STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that
there shall be submitted to the electors of the State for adoption or
rejection at the general election next occurring at least 6 months
after the adoption of this resolution a proposition to amend Article V
of the Illinois Constitution by changing Sections 1, 3, 7, and 18 and
by repealing Section 17 as follows:
(ILCON Art. V, Sec. 1)
SECTION 1. OFFICERS
The Executive Branch shall include a Governor, Lieutenant Governor,
Attorney General, Secretary of State, and State Financial Officer
Comptroller and Treasurer elected by the electors of the State. They
shall keep the public records and maintain a residence at the seat of
government during their terms of office.
(Source: Illinois Constitution.)
(ILCON Art. V, Sec. 3)
SECTION 3. ELIGIBILITY
To be eligible to hold the office of Governor, Lieutenant Governor,
Attorney General, Secretary of State, or State Financial Officer
Comptroller or Treasurer, a person must be a United States citizen, at
least 25 years old, and a resident of this State for the three years
preceding his or her election.
(Source: Illinois Constitution.)
(ILCON Art. V, Sec. 7)
SECTION 7. VACANCIES IN OTHER ELECTIVE OFFICES
If the Attorney General, Secretary of State, or State Financial
Officer Comptroller or Treasurer fails to qualify or if the his office
becomes vacant, the Governor shall fill the office by appointment. The
appointee shall hold office until the elected officer qualifies or
until a successor is elected and qualified as may be provided by law
and shall not be subject to removal by the Governor. If the Lieutenant
Governor fails to qualify or if the his office becomes vacant, it shall
remain vacant until the end of the term.
(Source: Illinois Constitution.)
(ILCON Art. V, Sec. 17)
SECTION 17. COMPTROLLER - DUTIES (REPEALED)
The Comptroller, in accordance with law, shall maintain the State's
central fiscal accounts, and order payments into and out of the funds
held by the Treasurer.
(Source: Illinois Constitution.)
(ILCON Art. V, Sec. 18)
21 [April 7, 2000]
SECTION 18. STATE FINANCIAL OFFICER TREASURER - DUTIES
The State Financial Officer Treasurer, in accordance with law,
shall (i) maintain the State's central fiscal accounts, and order
payments into and out of the funds held by him or her, (ii) be
responsible for the safekeeping and investment of monies and securities
deposited with him or her, and for their disbursement upon his or her
order, and (iii) have the duties and powers that may be prescribed by
law of the Comptroller.
(Source: Illinois Constitution.)
SCHEDULE
A State Financial Officer, but not a Comptroller or Treasurer,
shall be elected in 2002 and thereafter. This Constitutional Amendment
otherwise takes effect upon the conclusion of the terms of the
Comptroller and the Treasurer elected in 1998.
Adopted by the Senate, April 6, 2000, by a three-fifths vote.
Jim Harry, Secretary of the Senate
The foregoing message from the Senate reporting their adoption of
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT 18 was placed on the
Calendar on the order First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 2899
A bill for AN ACT concerning military memorials.
HOUSE BILL NO. 3138
A bill for AN ACT to amend the Transient Merchant Act of 1987.
HOUSE BILL NO. 3176
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 3-616.
HOUSE BILL NO. 3838
A bill for AN ACT concerning financial institutions.
HOUSE BILL NO. 4698
A bill for AN ACT concerning public and appellate defender
immunity.
Passed by the Senate, April 6, 2000.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 840
A bill for AN ACT to amend the Local Records Act by changing
Section 7.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 840.
[April 7, 2000] 22
Senate Amendment No. 2 to HOUSE BILL NO. 840.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 840 by replacing the title with
the following:
"AN ACT concerning local governments."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Local Records Act is amended by changing Section 7
as follows:
(50 ILCS 205/7) (from Ch. 116, par. 43.107)
Sec. 7. Disposition rules. Except as otherwise provided by law,
no public record shall be disposed of by any officer or agency unless
the written approval of the appropriate Local Records Commission is
first obtained.
The Commission shall issue regulations which shall be binding on
all such officers. Such regulations shall establish procedures for
compiling and submitting to the Commission lists and schedules of
public records proposed for disposal; procedures for the physical
destruction or other disposition of such public records; and standards
for the reproduction of such public records by photography,
microphotographic processes, or digitized electronic format. Such
standards shall relate to the quality of the film to be used,
preparation of the public records for filming or electronic conversion,
proper identification matter on such records so that an individual
document or series of documents can be located on the film or digitized
electronic form with reasonable facility, and that the copies contain
all significant record detail, to the end that the copies will be
adequate. Any public record may be reproduced in a digitized electronic
format. Those records for which the Commission has given or does give
written approval for disposal after a retention period of 10 years or
less may be digitized and disposed of providing: (i) the reproduction
process forms a durable medium that accurately and legibly reproduces
the original record in all details and that does not permit additions,
deletions, or changes to the original document images, (ii) the
reproduction is retained for the prescribed retention period, and (iii)
the Commission is notified when the original record is disposed of and
also when the digitized record is disposed of. Those records for which
the Commission has given or does give written approval for disposal
after a retention period of more than 10 years or for which the
Commission has required or does require permanent retention may be
digitized and disposed of providing: (i) the reproduction process forms
a durable medium that accurately and legibly reproduces the original
record in all details and that does not permit additions, deletions, or
changes to the original document images and, (ii) the records are also
reproduced in a microfilm format that is in compliance with Commission
regulations and that is retained for the written retention period, and
(iii) the Commission is notified when the original record is disposed
of and also when the microfilmed record is disposed of.
Such regulations shall also provide that the State archivist may
retain any records which the Commission has authorized to be destroyed,
where they have a historical value, and that the State archivist may
deposit them in the State Archives, State Historical Library, or a
university library, or with a historical society, museum, or library.
(Source: P.A. 89-272, eff. 8-10-95; 90-701, eff. 1-1-99.)
Section 10. The Counties Code is amended by changing Section
3-5018 as follows:
(55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
Sec. 3-5018. Fees. The recorder elected as provided for in this
Division shall receive such fees as are or may be provided for him by
law, in case of provision therefor: otherwise he shall receive the same
fees as are or may be provided in this Section, except when increased
23 [April 7, 2000]
by county ordinance pursuant to the provisions of this Section, to be
paid to the county clerk for his services in the office of recorder for
like services. No filing fee shall be charged for providing
informational copies of financing statements to the recorder pursuant
to subsection (8) of Section 9-403 of the Uniform Commercial Code.
For recording deeds or other instruments $12 for the first 4 pages
thereof, plus $1 for each additional page thereof, plus $1 for each
additional document number therein noted. The aggregate minimum fee for
recording any one instrument shall not be less than $12.
For recording deeds or other instruments wherein the premises
affected thereby are referred to by document number and not by legal
description a fee of $1 in addition to that hereinabove referred to for
each document number therein noted.
For recording assignments of mortgages, leases or liens $12 for the
first 4 pages thereof, plus $1 for each additional page thereof.
However, except for leases and liens pertaining to oil, gas and other
minerals, whenever a mortgage, lease or lien assignment assigns more
than one mortgage, lease or lien document, a $7 fee shall be charged
for the recording of each such mortgage, lease or lien document after
the first one.
For recording maps or plats of additions or subdivisions approved
by the county or municipality (including the spreading of the same of
record in map case or other proper books) or plats of condominiums $50
for the first page, plus $1 for each additional page thereof except
that in the case of recording a single page, legal size 8 1/2 x 14,
plat of survey in which there are no more than two lots or parcels of
land, the fee shall be $12. In each county where such maps or plats
are to be recorded, the recorder may require the same to be accompanied
by such number of exact, true and legible copies thereof as the
recorder deems necessary for the efficient conduct and operation of his
office.
For certified copies of records the same fees as for recording, but
in no case shall the fee for a certified copy of a map or plat of an
addition, subdivision or otherwise exceed $10.
Each certificate of such recorder of the recording of the deed or
other writing and of the date of recording the same signed by such
recorder, shall be sufficient evidence of the recording thereof, and
such certificate including the indexing of record, shall be furnished
upon the payment of the fee for recording the instrument, and no
additional fee shall be allowed for the certificate or indexing.
The recorder shall charge an additional fee, in an amount equal to
the fee otherwise provided by law, for recording a document (other than
a document filed under the Plat Act or the Uniform Commercial Code)
that does not conform to the following standards:
(1) The document shall consist of one or more individual
sheets measuring 8.5 inches by 11 inches, not permanently bound and
not a continuous form. Graphic displays accompanying a document to
be recorded that measure up to 11 inches by 17 inches shall be
recorded without charging an additional fee.
(2) The document shall be legibly printed in black ink, by
hand, type, or computer. Signatures and dates may be in
contrasting colors if they will reproduce clearly.
(3) The document shall be on white paper of not less than
20-pound weight and shall have a clean margin of at least one-half
inch on the top, the bottom, and each side. Margins may be used
for non-essential notations that will not affect the validity of
the document, including but not limited to form numbers, page
numbers, and customer notations.
(4) The first page of the document shall contain a blank
space, measuring at least 3 inches by 5 inches, from the upper
right corner.
(5) The document shall not have any attachment stapled or
otherwise affixed to any page.
A document that does not conform to these standards shall not be
recorded except upon payment of the additional fee required under this
paragraph. This paragraph, as amended by this amendatory Act of 1995,
[April 7, 2000] 24
applies only to documents dated after the effective date of this
amendatory Act of 1995.
The county board of any county may provide for an additional charge
of $3 for filing every instrument, paper, or notice for record, in
order to defray the cost of converting the county recorder's document
storage system to computers or micrographics.
A special fund shall be set up by the treasurer of the county and
such funds collected pursuant to Public Act 83-1321 shall be used
solely for a document storage system to provide the equipment,
materials and necessary expenses incurred to help defray the costs of
implementing and maintaining such a document records system.
The county board of any county that provides and maintains a
countywide map through a Geographic Information System (GIS) may
provide for an additional charge of $3 for filing every instrument,
paper, or notice for record in order to defray the cost of implementing
or maintaining the county's Geographic Information System. Of that
amount, $2 must be deposited into a special fund set up by the
treasurer of the county, and any moneys collected pursuant to this
amendatory Act of the 91st General Assembly and deposited into that
fund must be used solely for the equipment, materials, and necessary
expenses incurred in implementing and maintaining a Geographic
Information System. The remaining $1 must be deposited into the
recorder's special funds created under Section 3-5005.4. The recorder
may, in his or her discretion, use moneys in the funds created under
Section 3-5005.4 to defray the cost of implementing or maintaining the
county's Geographic Information System.
The foregoing fees allowed by this Section are the maximum fees
that may be collected from any officer, agency, department or other
instrumentality of the State. The county board may, however, by
ordinance, increase the fees allowed by this Section and collect such
increased fees from all persons and entities other than officers,
agencies, departments and other instrumentalities of the State if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of
providing the service.
A statement of the costs of providing each service, program and
activity shall be prepared by the county board. All supporting
documents shall be public record and subject to public examination and
audit. All direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included in the
determination of the costs of each service, program and activity.
(Source: P.A. 89-160, eff. 7-19-95; 90-300, eff. 1-1-98.)".
AMENDMENT TO HOUSE BILL 840
AMENDMENT NO. 2. Amend House Bill 840, AS AMENDED, with reference
to page and line numbers of Senate Amendment No. 1, on page 2, line 8,
after "a", by inserting "microfilm or"; and
on page 2, by replacing lines 9 through 12 with the following:
"electronic format. The agency may dispose of the original of any
reproduced record Those records for which the Commission has given or
does give written approval for disposal after a retention period of 10
years or less may be digitized and disposed of providing: (i) the
reproduction process forms a"; and
on page 2, line 14, by replacing "details and" with "details, and"; and
on page 2, line 16, after "images,", by inserting "and, if electronic,
that are retained in a trustworthy manner so that the records, and the
information contained in the records, are accessible and usable for
subsequent reference at all times while the information must be
retained," and
on page 2, by replacing lines 19 through 32 with the following:
"reproduced digitized record is disposed of. Those records for which
the Commission has given or does give written approval for disposal
after a retention period of more than 10 years or for which the
Commission has required or does require permanent retention may be
digitized and disposed of providing: (i) the reproduction process forms
a durable medium that accurately and legibly reproduces the original
25 [April 7, 2000]
record in all details and that does not permit additions, deletions, or
changes to the original document images, (ii) the records are also
reproduced in a microfilm format that is in compliance with Commission
regulations and that is retained for the written retention period, and
(iii) the Commission is notified when the original record is disposed
of and also when the microfilmed record is disposed of.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 840 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 1785
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 12-12.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1785.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1785 by replacing the title with
the following:
"AN ACT concerning evidence."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Sexual Assault Survivors Emergency Treatment Act
is amended by changing Sections 5 and 6.4 as follows:
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing emergency
service to sexual assault survivors.
(a) Every hospital providing emergency hospital services to an
alleged sexual assault survivor under this Act shall, as minimum
requirements for such services, provide, with the consent of the
alleged sexual assault survivor, and as ordered by the attending
physician, the following:
(1) appropriate medical examinations and laboratory tests
required to ensure the health, safety, and welfare of an alleged
sexual assault survivor or which may be used as evidence in a
criminal proceeding against a person accused of the sexual assault,
or both; and records of the results of such examinations and tests
shall be maintained by the hospital and made available to law
enforcement officials upon the request of the alleged sexual
assault survivor;
(2) appropriate oral and written information concerning the
possibility of infection, sexually transmitted disease and
pregnancy resulting from sexual assault;
(3) appropriate oral and written information concerning
accepted medical procedures, medication, and possible
contraindications of such medication available for the prevention
or treatment of infection or disease resulting from sexual assault;
(4) such medication as deemed appropriate by the attending
physician;
[April 7, 2000] 26
(5) a blood test to determine the presence or absence of
sexually transmitted disease;
(6) written and oral instructions indicating the need for a
second blood test 6 weeks after the sexual assault to determine the
presence or absence of sexually transmitted disease; and
(7) appropriate counseling as determined by the hospital, by
trained personnel designated by the hospital.
(b) Any minor who is an alleged survivor of sexual assault who
seeks emergency services under this Act shall be provided such services
without the consent of the parent, guardian or custodian of the minor.
Only the minor's parent or legal guardian can sign for release of
evidence and information concerning the alleged sexual assault.
(Source: P.A. 85-577.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons accused of
sexual assault. This program shall be administered by the Illinois
State Police. The program shall consist of the following: (1)
distribution of sexual assault evidence collection kits which have been
approved by the Illinois State Police to hospitals that request them,
or arranging for such distribution by the manufacturer of the kits, (2)
collection of the kits from hospitals after the kits have been used to
collect evidence, (3) analysis of the collected evidence and conducting
of laboratory tests, and (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding. The
standardized evidence collection kit for the State of Illinois shall be
the State Police Evidence Collection Kit, also known as "S.P.E.C.K.". A
sexual assault evidence collection kit may not be released by a
hospital without the written consent of the sexual assault survivor.
In the case of a survivor who is a minor 13 years of age or older,
evidence and information concerning the alleged sexual assault may be
released at the written request of the minor. If the survivor is a
minor who is under 13 years of age, evidence and information concerning
the alleged sexual assault may be released at the written request of
the parent, guardian, investigating law enforcement officer, or
Department of Children and Family Services. Any health care
professional, including any physician or nurse, and any health care
institution, including any hospital, who provides evidence or
information to a law enforcement officer pursuant to a written request
as specified in this Section is immune from any civil or professional
liability that might arise from those actions, with the exception of
willful or wanton misconduct. The immunity provision applies only if
all of the requirements of this Section are met. A sexual assault
evidence collection kit may not be released by a hospital without the
written consent of the sexual assault survivor or, in the case of a
minor, the written consent of the minor's parent or legal guardian.
(b) The Illinois State Police shall administer a program to train
hospitals and hospital personnel participating in the sexual assault
evidence collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department of Public
Health shall cooperate with the Illinois State Police in this program
as it pertains to medical aspects of the evidence collection.
(Source: P.A. 89-246, eff. 8-4-95; 89-507, eff. 7-1-97; 90-587, eff.
7-1-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1785 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
27 [April 7, 2000]
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2261
A bill for AN ACT to amend the Upper Illinois River Valley
Development Authority Act by changing Section 4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 2261.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 2261 on page 1, lines 2 and 6,
by replacing "Section 4" each time it appears with "Sections 4 and 7";
and
on page 4, by inserting below line 22 the following:
"(70 ILCS 530/7) (from Ch. 85, par. 7157)
Sec. 7. Bonds.
(a) The Authority, with the written approval of the Governor,
shall have the continuing power to issue bonds, notes, or other
evidences of indebtedness in an aggregate amount not to exceed
$250,000,000 $100,000,000 for the purpose of developing, constructing,
acquiring or improving projects, including those established by
business entities locating or expanding property within the territorial
jurisdiction of the Authority, for entering into venture capital
agreements with businesses locating or expanding within the territorial
jurisdiction of the Authority, for acquiring and improving any property
necessary and useful in connection therewith and for the purposes of
the Employee Ownership Assistance Act. For the purpose of evidencing
the obligations of the Authority to repay any money borrowed, the
Authority may, pursuant to resolution, from time to time issue and
dispose of its interest bearing revenue bonds, notes or other evidences
of indebtedness and may also from time to time issue and dispose of
such bonds, notes or other evidences of indebtedness to refund, at
maturity, at a redemption date or in advance of either, any bonds,
notes or other evidences of indebtedness pursuant to redemption
provisions or at any time before maturity. All such bonds, notes or
other evidences of indebtedness shall be payable solely and only from
the revenues or income to be derived from loans made with respect to
projects, from the leasing or sale of the projects or from any other
funds available to the Authority for such purposes. The bonds, notes
or other evidences of indebtedness may bear such date or dates, may
mature at such time or times not exceeding 40 years from their
respective dates, may bear interest at such rate or rates not exceeding
the maximum rate permitted by "An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation
warrants subject to interest rate limitations set forth therein",
approved May 26, 1970, as amended, may be in such form, may carry such
registration privileges, may be executed in such manner, may be payable
at such place or places, may be made subject to redemption in such
manner and upon such terms, with or without premium as is stated on the
face thereof, may be authenticated in such manner and may contain such
terms and covenants as may be provided by an applicable resolution.
(b-1) The holder or holders of any bonds, notes or other evidences
of indebtedness issued by the Authority may bring suits at law or
proceedings in equity to compel the performance and observance by any
corporation or person or by the Authority or any of its agents or
employees of any contract or covenant made with the holders of such
[April 7, 2000] 28
bonds, notes or other evidences of indebtedness, to compel such
corporation, person, the Authority and any of its agents or employees
to perform any duties required to be performed for the benefit of the
holders of any such bonds, notes or other evidences of indebtedness by
the provision of the resolution authorizing their issuance and to
enjoin such corporation, person, the Authority and any of its agents or
employees from taking any action in conflict with any such contract or
covenant.
(b-2) If the Authority fails to pay the principal of or interest
on any of the bonds or premium, if any, as the same become due, a civil
action to compel payment may be instituted in the appropriate circuit
court by the holder or holders of the bonds on which such default of
payment exists or by an indenture trustee acting on behalf of such
holders. Delivery of a summons and a copy of the complaint to the
Chairman of the Board shall constitute sufficient service to give the
circuit court jurisdiction of the subject matter of such a suit and
jurisdiction over the Authority and its officers named as defendants
for the purpose of compelling such payment. Any case, controversy or
cause of action concerning the validity of this Act relates to the
revenue of the State of Illinois.
(c) Notwithstanding the form and tenor of any such bonds, notes or
other evidences of indebtedness and in the absence of any express
recital on the face thereof that it is non-negotiable, all such bonds,
notes and other evidences of indebtedness shall be negotiable
instruments. Pending the preparation and execution of any such bonds,
notes or other evidences of indebtedness, temporary bonds, notes or
evidences of indebtedness may be issued as provided by ordinance.
(d) To secure the payment of any or all of such bonds, notes or
other evidences of indebtedness, the revenues to be received by the
Authority from a lease agreement or loan agreement shall be pledged,
and, for the purpose of setting forth the covenants and undertakings of
the Authority in connection with the issuance thereof and the issuance
of any additional bonds, notes or other evidences of indebtedness
payable from such revenues, income or other funds to be derived from
projects, the Authority may execute and deliver a mortgage or trust
agreement. A remedy for any breach or default of the terms of any such
mortgage or trust agreement by the Authority may be by mandamus
proceedings in the appropriate circuit court to compel the performance
and compliance therewith, but the trust agreement may prescribe by whom
or on whose behalf such action may be instituted.
(e) Such bonds or notes shall be secured as provided in the
authorizing ordinance which may, notwithstanding any other provision of
this Act, include in addition to any other security a specific pledge
or assignment of and lien on or security interest in any or all
revenues or money of the Authority from whatever source which may by
law be used for debt service purposes and a specific pledge or
assignment of and lien on or security interest in any funds or accounts
established or provided for by ordinance of the Authority authorizing
the issuance of such bonds or notes.
(f) In the event that the Authority determines that monies of the
Authority will not be sufficient for the payment of the principal of
and interest on its bonds during the next State fiscal year, the
Chairman, as soon as practicable, shall certify to the Governor the
amount required by the Authority to enable it to pay such principal of
and interest on the bonds. The Governor shall submit the amount so
certified to the General Assembly as soon as practicable, but no later
than the end of the current State fiscal year. This Section shall not
apply to any bonds or notes as to which the Authority shall have
determined, in the resolution authorizing the issuance of the bonds or
notes, that this Section shall not apply. Whenever the Authority makes
such a determination, that fact shall be plainly stated on the face of
the bonds or notes and that fact shall also be reported to the
Governor.
In the event of a withdrawal of moneys from a reserve fund
established with respect to any issue or issues of bonds of the
Authority to pay principal or interest on those bonds, the Chairman of
29 [April 7, 2000]
the Authority, as soon as practicable, shall certify to the Governor
the amount required to restore the reserve fund to the level required
in the resolution or indenture securing those bonds. The Governor shall
submit the amount so certified to the General Assembly as soon as
practicable, but no later than the end of the current State fiscal
year.
(g) The State of Illinois pledges to and agrees with the holders
of the bonds and notes of the Authority issued pursuant to this Section
that the State will not limit or alter the rights and powers vested in
the Authority by this Act so as to impair the terms of any contract
made by the Authority with such holders or in any way impair the rights
and remedies of such holders until such bonds and notes, together with
interest thereon, with interest on any unpaid installments of interest,
and all costs and expenses in connection with any action or proceedings
by or on behalf of such holders, are fully met and discharged. In
addition, the State pledges to and agrees with the holders of the bonds
and notes of the Authority issued pursuant to this Section that the
State will not limit or alter the basis on which State funds are to be
paid to the Authority as provided in this Act, or the use of such
funds, so as to impair the terms of any such contract. The Authority
is authorized to include these pledges and agreements of the State in
any contract with the holders of bonds or notes issued pursuant to this
Section.
(h) Not less than 30 days prior to the commitment to issue bonds,
notes, or other evidences of indebtedness for the purpose of
developing, constructing, acquiring or improving housing or residential
projects, as defined in Section 3, the Authority shall provide notice
to the Executive Director of the Illinois Housing Development
Authority. Within 30 days after notice is provided, the Illinois
Housing Development Authority shall either in writing express interest
in financing the project or notify the Authority that it is not
interested in providing such financing and the Authority may finance
the project or seek alternative financing.
(Source: P.A. 86-1024; 86-1313; 87-158; 87-778.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 2261 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 1841
A bill for AN ACT to amend the Election Code by changing Sections
24A-2, 24A-5, 24A-5.1, 24A-5.2, 24A-6, 24A-7, 24A-8, 24A-9, 24A-9.1,
24A-10.1, 24A-15.01, and 24A-15.1.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1841.
Senate Amendment No. 4 to HOUSE BILL NO. 1841.
[April 7, 2000] 30
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1841 by replacing the title with
the following:
"AN ACT concerning voting at elections."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing Sections
7-66, 15-6, 16-11, 17-43, 18-40, 19-2.1, 19-7, 19-8, 19-9, 19-10,
19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 20-7, 20-8, 20-9, 20-15, and
24B-3 and by adding Article 24C as follows:
(10 ILCS 5/7-66)
Sec. 7-66. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 7, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/15-6)
Sec. 15-6. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 15, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/16-11)
Sec. 16-11. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 16, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
31 [April 7, 2000]
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/17-43)
Sec. 17-43. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 17, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/18-40)
Sec. 18-40. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C, and the provisions of those Articles the
Article are in conflict with the provisions of this Article 18, the
provisions of Article 24B or Article 24C, as the case may be, shall
govern the procedures followed by the election authority, its judges of
elections, and all employees and agents. In following the provisions
of Article 24B or Article 24C, the election authority is authorized to
develop and implement procedures to fully utilize Precinct Tabulation
Optical Scan Technology voting equipment or Direct Recording Electronic
Voting Systems equipment authorized by the State Board of Elections as
long as the procedure is not in conflict with either Article 24B,
Article 24C, or the administrative rules of the State Board of
Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. At the consolidated primary, general primary,
consolidated, and general and nonpartisan elections, electors entitled
to vote by absentee ballot under the provisions of Section 19-1 may
vote in person at the office of the municipal clerk, if the elector is
a resident of a municipality not having a board of election
commissioners, or at the office of the township clerk or, in counties
not under township organization, at the office of the road district
clerk if the elector is not a resident of a municipality; provided, in
each case that the municipal, township or road district clerk, as the
case may be, is authorized to conduct in-person absentee voting
pursuant to this Section. Absentee voting in such municipal and
township clerk's offices under this Section shall be conducted from the
22nd day through the day before the election.
Municipal and township clerks (or road district clerks) who have
regularly scheduled working hours at regularly designated offices other
than a place of residence and whose offices are open for business
during the same hours as the office of the election authority shall
conduct in-person absentee voting for said elections. Municipal and
township clerks (or road district clerks) who have no regularly
scheduled working hours but who have regularly designated offices other
than a place of residence shall conduct in-person absentee voting for
said elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00 a.m.
[April 7, 2000] 32
to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but
not during such hours as the office of the election authority is
closed, unless the clerk files a written waiver with the election
authority not later than July 1 of each year stating that he or she is
unable to conduct such voting and the reasons therefor. Such clerks who
conduct in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's office
is open. Municipal and township clerks (or road district clerks) who
have no regularly scheduled office hours and no regularly designated
offices other than a place of residence may not conduct in-person
absentee voting for said elections. The election authority may devise
alternative methods for in-person absentee voting before said elections
for those precincts located within the territorial area of a
municipality or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is not
entitled to conduct such voting. In addition, electors may vote by
absentee ballot under the provisions of Section 19-1 at the office of
the election authority having jurisdiction over their residence.
In conducting absentee voting under this Section, the respective
clerks shall not be required to verify the signature of the absentee
voter by comparison with the signature on the official registration
record card. However, the clerk shall reasonably ascertain the identity
of such applicant, shall verify that each such applicant is a
registered voter, and shall verify the precinct in which he or she is
registered and the proper ballots of the political subdivisions in
which the applicant resides and is entitled to vote, prior to providing
any absentee ballot to such applicant. The clerk shall verify the
applicant's registration and from the most recent poll list provided by
the county clerk, and if the applicant is not listed on that poll list
then by telephoning the office of the county clerk.
Absentee voting procedures in the office of the municipal, township
and road district clerks shall be subject to all of the applicable
provisions of this Article 19. Pollwatchers may be appointed to observe
in-person absentee voting procedures at the office of the municipal,
township or road district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed in the
same manner as provided in Sections 7-34 and 17-23, except each
candidate, political party or organization of citizens may appoint only
one pollwatcher for each location where in-person absentee voting is
conducted. Pollwatchers shall be residents of the county and possess
valid pollwatcher credentials. All requirements in this Article
applicable to election authorities shall apply to the respective local
clerks, except where inconsistent with this Section.
In election jurisdictions that deliver absentee ballots to the
polling place to be counted by the precinct judges on election day, the
sealed absentee ballots in their carrier envelope shall be delivered by
the respective clerks to the proper polling place before the close of
the polls on the day of the nonpartisan, general primary, consolidated
primary, consolidated, or general election.
In election jurisdictions that count absentee ballots in the office
of the election authority on election day, the sealed absentee ballots
in their carrier envelope shall be delivered to the office of the
election authority by the respective clerks before the close of the
polls on the day of the general primary, consolidated primary,
consolidated, or general election.
Not more than 23 days before the nonpartisan, general and
consolidated elections, the county clerk shall make available to those
municipal, township and road district clerks conducting in-person
absentee voting within such county, a sufficient number of
applications, absentee ballots, envelopes, and printed voting
instruction slips for use by absentee voters in the offices of such
clerks. The respective clerks shall receipt for all ballots received,
shall return all unused or spoiled ballots to the county clerk on the
day of the election and shall strictly account for all ballots
received.
The ballots delivered to the respective clerks shall include
33 [April 7, 2000]
absentee ballots for each precinct in the municipality, township or
road district, or shall include such separate ballots for each
political subdivision conducting an election of officers or a
referendum on that election day as will permit any resident of the
municipality, township or road district to vote absentee in the office
of the proper clerk.
The clerks of all municipalities, townships and road districts may
distribute applications for absentee ballot for the use of voters who
wish to mail such applications to the appropriate election authority.
Such applications for absentee ballots shall be made on forms provided
by the election authority. Duplication of such forms by the municipal,
township or road district clerk is prohibited.
(Source: P.A. 86-875.)
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
Sec. 19-7. Upon receipt of such absent voter's ballot, the election
authority shall forthwith enclose the same unopened, together with the
application made by said absent voter in a large or carrier envelope
which shall be securely sealed and endorsed with the name and official
title of such officer and the words, "This envelope contains an absent
voter's ballot and must be opened on election day," together with the
number and description of the precinct in which said ballot is to be
voted, and such officer shall thereafter safely keep the same in his
office until counted by him as provided in this Article the next
section.
The election authority may choose (i) to have the absentee ballots
delivered before the closing of the polls to their proper polling
places for counting by the precinct judges or (ii) to have the absentee
ballots counted in the office of the election authority by one or more
panels of election judges appointed in the manner provided for in this
Code and consisting of one judge from each of the 2 leading established
political parties in this State.
(Source: P.A. 81-155.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. In election jurisdictions that deliver absentee ballots
to the polling place to be counted by the precinct judges, the
provisions of this Section shall apply.
In case an absent voter's ballot is received by the election
authority prior to the delivery of the official ballots to the judges
of election of the precinct in which said elector resides, such ballot
envelope and application, sealed in the carrier envelope, shall be
enclosed in such package and therewith delivered to the judges of such
precinct. In case the official ballots for such precinct have been
delivered to the judges of election at the time of the receipt by the
election authority of such absent voter's ballot, such authority shall
immediately enclose said envelope containing the absent voter's ballot,
together with his application therefor, in a larger or carrier envelope
which shall be securely sealed and addressed on the face to the judges
of election, giving the name or number of precinct, street and number
of polling place, city or town in which such absent voter is a
qualified elector, and the words, "This envelope contains an absent
voter's ballot and must be opened only on election day at the polls
immediately after the polls are closed," "mailing the same, postage
prepaid, to such judges of election, or if more convenient, such
officer may deliver such absent voter's ballot to the judges of
election in person or by duly deputized agent, said officer to secure
his receipt for delivery of such ballot or ballots. Absent voters'
ballots returned by absentee voters to the election authority after the
closing of the polls on an election day shall be endorsed by the
election authority receiving the same with the day and hour of receipt
and shall be safely kept unopened by such election authority for the
period of time required for the preservation of ballots used at such
election, and shall then, without being opened, be destroyed in like
manner as the used ballots of such election.
All absent voters' ballots received by the election authority after
12:00 noon on election day or too late for delivery to the proper
polling place before the closing of the polls on election day, and
[April 7, 2000] 34
Special Write-In Absentee Voter's Blank Ballots, except ballots
returned by mail postmarked after midnight preceding the opening of the
polls on election day, shall be endorsed by the election authority
receiving the same with the day and hour of receipt and shall be
counted in the office of the election authority on the day of the
election after 7:00 p.m. All absent voters' ballots delivered in error
to the wrong precinct polling place shall be returned to the election
authority and counted under this provision; however, all absentee
ballots received by the election authority by the close of absentee
voting in the office of the election authority on the day preceding the
day of election shall be delivered to the proper precinct polling
places in time to be counted by the judges of election.
Such counting shall commence no later than 8:00 p.m. and shall be
conducted by a panel or panels of election judges appointed in the
manner provided by law. Such counting shall continue until all absent
voters' ballots received as aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and Articles
17 and 18 of this Code, shall apply to all absent voters' ballots
counted under this provision, including comparing the signature on the
ballot envelope with the signature of the voter on the permanent voter
registration record card taken from the master file; except that votes
shall be recorded without regard to precinct designation, except for
precinct offices.
(Source: P.A. 86-875; revised 10-31-98.)
(10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
Sec. 19-9. At the close of the regular balloting and at the close
of the polls the judges of election of each voting precinct or the
panel or panels of judges in the office of the election authority, as
the case may be, shall proceed to cast the absent voter's ballot
separately, and as each absent voter's ballot is taken shall open the
outer or carrier envelope, announce the absent voter's name, and
compare the signature upon the application with the signature upon the
certification on the ballot envelope and the signature of the voter on
the permanent voter registration record card. In case the judges find
the certifications properly executed, that the signatures correspond,
that the applicant is a duly qualified elector in the precinct and the
applicant has not been present and voted within the county where he
represents himself to be a qualified elector on such election day, they
shall open the envelope containing the absent voter's ballot in such
manner as not to deface or destroy the certification thereon, or mark
or tear the ballots therein and take out the ballot or ballots therein
contained without unfolding or permitting the same to be unfolded or
examined, and having endorsed the ballot in like manner as other
ballots are required to be endorsed, shall deposit the same in the
proper ballot box or boxes and enter the absent voter's name in the
poll book the same as if he had been present and voted in person. The
judges shall place the absentee ballot certification envelopes in a
separate envelope as per the direction of the election authority. Such
envelope containing the absentee ballot certification envelopes shall
be returned to the election authority and preserved in like manner as
the official poll record.
In case such signatures do not correspond, or that the applicant is
not a duly qualified elector in such precinct or that the ballot
envelope is open or has been opened and resealed, or that said voter is
present and has voted within the county where he represents himself to
be a qualified elector on the day of such election at such election
such previously cast vote shall not be allowed, but without opening the
absent voter's envelope the judge of such election shall mark across
the face thereof, "Rejected", giving the reason therefor.
In case the ballot envelope contains more than one ballot of any
kind, said ballots shall not be counted, but shall be marked
"Rejected", giving the reason therefor.
The absent voters' envelopes and affidavits and the absent voters'
envelope with its contents unopened, when such absent vote is rejected
shall be retained and preserved in the manner as now provided for the
retention and preservation of official ballots rejected at such
35 [April 7, 2000]
election.
As applied to an absentee ballot of a permanently disabled voter
who has complied with Section 19-12.1, the word "certification" as used
in this Section shall be construed to refer to the unsworn statement
subscribed to by the voter pursuant to Section 19-12.1.
(Source: P.A. 87-1052.)
(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
Sec. 19-10. Pollwatchers may be appointed to observe in-person
absentee voting procedures at the office of the election authority as
well as at municipal, township or road district clerks' offices where
such absentee voting is conducted. Such pollwatchers shall qualify and
be appointed in the same manner as provided in Sections 7-34 and 17-23,
except each candidate, political party or organization of citizens may
appoint only one pollwatcher for each location where in-person absentee
voting is conducted. Pollwatchers shall be residents of the county and
possess valid pollwatcher credentials.
In the polling place on election day, pollwatchers shall be
permitted to be present during the casting of the absent voters'
ballots and the vote of any absent voter may be challenged for cause
the same as if he were present and voted in person, and the judges of
the election or a majority thereof shall have power and authority to
hear and determine the legality of such ballot; Provided, however, that
if a challenge to any absent voter's right to vote is sustained, notice
of the same must be given by the judges of election by mail addressed
to the voter's place of residence.
Where certain absent voters' ballots are counted on the day of the
election in the office of the election authority as provided in this
Article Section 19-8 of this Act, each political party, candidate and
qualified civic organization shall be entitled to have present one
pollwatcher for each panel of election judges therein assigned. Such
pollwatchers shall be subject to the same provisions as are provided
for pollwatchers in Sections 7-34 and 17-23 of this Code, and shall be
permitted to observe the election judges making the signature
comparison between that which is on the absentee ballot application
and that which is on the ballot envelope and that which is on the
permanent voter registration record card taken from the master file.
(Source: P.A. 86-875.)
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
Sec. 19-12.2. Voting by physically incapacitated electors who have
made proper application to the election authority not later than 5 days
before the regular primary and general election of 1980 and before each
election thereafter shall be conducted on the premises of facilities
licensed or certified pursuant to the Nursing Home Care Act for the
sole benefit of residents of such facilities. Such voting shall be
conducted during any continuous period sufficient to allow all
applicants to cast their ballots between the hours of 9 a.m. and 7 p.m.
either on the Friday, Saturday, Sunday or Monday immediately preceding
the regular election. This absentee voting on one of said days
designated by the election authority shall be supervised by two
election judges who must be selected by the election authority in the
following order of priority: (1) from the panel of judges appointed for
the precinct in which such facility is located, or from a panel of
judges appointed for any other precinct within the jurisdiction of the
election authority in the same ward or township, as the case may be, in
which the facility is located or, only in the case where a judge or
judges from the precinct, township or ward are unavailable to serve,
(3) from a panel of judges appointed for any other precinct within the
jurisdiction of the election authority. The two judges shall be from
different political parties. Not less than 30 days before each regular
election, the election authority shall have arranged with the chief
administrative officer of each facility in his or its election
jurisdiction a mutually convenient time period on the Friday, Saturday,
Sunday or Monday immediately preceding the election for such voting on
the premises of the facility and shall post in a prominent place in his
or its office a notice of the agreed day and time period for conducting
such voting at each facility; provided that the election authority
[April 7, 2000] 36
shall not later than noon on the Thursday before the election also post
the names and addresses of those facilities from which no applications
were received and in which no supervised absentee voting will be
conducted. All provisions of this Code applicable to pollwatchers
shall be applicable herein. To the maximum extent feasible, voting
booths or screens shall be provided to insure the privacy of the voter.
Voting procedures shall be as described in Article 17 of this Code,
except that ballots shall be treated as absentee ballots and shall not
be counted until the close of the polls on the following day. After the
last voter has concluded voting, the judges shall seal the ballots in
an envelope and affix their signatures across the flap of the envelope.
Immediately thereafter, the judges shall bring the sealed envelope to
the office of the election authority who shall preserve the ballots in
the office of the election authority in those jurisdictions that count
absentee ballots in the office of the election authority or shall
deliver the such ballots to the proper precinct polling places prior to
the closing of the polls on the day of election in election
jurisdictions that count absentee ballots in the polling place.
Provided, that in election jurisdictions that count absentee ballots in
the polling place the election authority may arrange for the judges who
conduct such voting on the Monday before the election to deliver the
sealed envelope directly to the proper precinct polling place on the
day of election and shall announce such procedure in the 30 day notice
heretofore prescribed. The judges of election shall also report to the
election authority the name of any applicant in the facility who, due
to unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election authority may
appoint a qualified person from his or its staff to deliver the ballot
to such applicant on the day of election. This staff person shall
follow the same procedures prescribed for judges conducting absentee
voting in such facilities; but shall return the ballot to the proper
precinct polling place before the polls close. However, if the facility
from which the application was made is also used as a regular precinct
polling place for that voter, voting procedures heretofore prescribed
may be implemented by 2 of the election judges of opposite party
affiliation assigned to that polling place during the hours of voting
on the day of the election. Judges of election shall be compensated not
less than $25.00 for conducting absentee voting in such facilities.
Not less than 120 days before each regular election, the Department
of Public Health shall certify to the State Board of Elections a list
of the facilities licensed or certified pursuant to the Nursing Home
Care Act, and shall indicate the approved bed capacity and the name of
the chief administrative officer of each such facility, and the State
Board of Elections shall certify the same to the appropriate election
authority within 20 days thereafter.
(Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
(10 ILCS 5/19-15)
Sec. 19-15. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C, and the provisions of those Articles the
Article are in conflict with the provisions of this Article 19, the
provisions of Article 24B or Article 24C, as the case may be, shall
govern the procedures followed by the election authority, its judges of
elections, and all employees and agents. In following the provisions
of Article 24B or Article 24C, the election authority is authorized to
develop and implement procedures to fully utilize Precinct Tabulation
Optical Scan Technology voting equipment or Direct Recording Electronic
Voting Systems equipment authorized by the State Board of Elections as
long as the procedure is not in conflict with either Article 24B,
Article 24C, or the administrative rules of the State Board of
Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
37 [April 7, 2000]
Sec. 20-2. Any member of the United States Service, otherwise
qualified to vote, who expects in the course of his duties to be absent
from the county in which he resides on the day of holding any election
may make application for an absentee ballot to the election authority
having jurisdiction over his precinct of residence on the official
postcard or on a form furnished by the election authority as prescribed
by Section 20-3 of this Article not less than 10 days before the
election. A request pursuant to this Section shall entitle the
applicant to an absentee ballot for every election in one calendar
year. The original application for ballot shall be kept in the office
of the election authority for one year as authorization to send a
ballot to the voter for each election to be held within that calendar
year. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot. No registration shall
be required in order to vote pursuant to this Section.
Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this Article and
not otherwise. Ballots voted under this Section must be returned to the
election authority in sufficient time for delivery (i) to the proper
precinct polling place before the closing of the polls on the day of
the election in jurisdictions that count absentee ballots in the
polling place or (ii) to the office of the election authority before
the closing of the polls in those jurisdictions that count absentee
ballots in the office of the election authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
Sec. 20-2.1. Citizens of the United States temporarily residing
outside the territorial limits of the United States who are not
registered but otherwise qualified to vote and who expect to be absent
from their county of residence during the periods of voter registration
provided for in Articles 4, 5 or 6 of this Code and on the day of
holding any election, may make simultaneous application to the election
authority having jurisdiction over their precinct of residence for an
absentee registration and absentee ballot not less than 30 days before
the election. Such application may be made on the official postcard or
on a form furnished by the election authority as prescribed by Section
20-3 of this Article. A request pursuant to this Section shall entitle
the applicant to an absentee ballot for every election in one calendar
year. The original application for ballot shall be kept in the office
of the election authority for one year as authorization to send a
ballot to the voter for each election to be held within that calendar
year. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot.
Registration shall be required in order to vote pursuant to this
Section. However, if the election authority receives one of such
applications after 30 days but not less than 10 days before a Federal
election, said applicant shall be sent a ballot containing the Federal
offices only and registration for that election shall be waived.
Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this Article and
not otherwise.
Ballots under this Section must be returned to the election
authority in sufficient time for delivery (i) to the proper precinct
polling place before the closing of the polls on the day of the
election in those jurisdictions that count absentee ballots in the
polling place or (ii) to the office of the election authority before
the closing of the polls on election day in those jurisdictions that
count absentee ballots in the office of the election authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
Sec. 20-2.2. Any non-resident civilian citizen, otherwise
qualified to vote, may make application to the election authority
having jurisdiction over his precinct of former residence for an
absentee ballot containing the Federal offices only not less than 10
[April 7, 2000] 38
days before a Federal election. Such application may be made only on
the official postcard. A request pursuant to this Section shall entitle
the applicant to an absentee ballot for every election in one calendar
year at which Federal offices are filled. The original application for
ballot shall be kept in the office of the election authority for one
year as authorization to send a ballot to the voter for each election
to be held within that calendar year at which Federal offices are
filled. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot. No registration shall
be required in order to vote pursuant to this Section. Ballots under
this Section shall be mailed by the election authority in the manner
prescribed by Section 20-5 of this Article and not otherwise. Ballots
under this Section must be returned to the election authority in
sufficient time for delivery (i) to the proper precinct polling place
before the closing of the polls on the day of the election in those
jurisdictions that count absentee ballots in the polling place or (ii)
to the office of the election authority before the closing of the polls
on election day in those jurisdictions that count absentee ballots in
the office of the election authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
Sec. 20-7. Upon receipt of such absent voter's ballot, the officer
or officers above described shall forthwith enclose the same unopened,
together with the application made by said absent voter in a large or
carrier envelope which shall be securely sealed and endorsed with the
name and official title of such officer and the words, "This envelope
contains an absent voter's ballot and must be opened on election day,"
together with the number and description of the precinct in which said
ballot is to be voted, and such officer shall thereafter safely keep
the same in his office until counted by him as provided in this Article
the next section.
The election authority may choose (i) to deliver the absentee
ballots to the proper precinct polling place before the close of the
polls on the election day to be counted by the precinct judges or (ii)
to have the absentee ballots counted in the office of the election
authority by one or more panels of election judges appointed in the
manner provided for in this Code and consisting of one judge from each
of the 2 leading established political parties in this State.
(Source: P.A. 81-155.)
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. (a) In election jurisdictions that count absentee
ballots in the polling place, this subsection shall apply.
In case any such ballot is received by the election authority
prior to the delivery of the official ballots to the judges of election
of the precinct in which said elector resides, such ballot envelope and
application, sealed in the carrier envelope, shall be enclosed in the
same package with the other official ballots and therewith delivered to
the judges of such precinct. In case the official ballots for such
precinct have been delivered to the judges of election at the time of
the receipt by the election authority of such absent voter's ballot, it
shall immediately enclose said envelope containing the absent voter's
ballot, together with his application therefor, in a larger or carrier
envelope which shall be securely sealed and addressed on the face to
the judges of election, giving the name or number of precinct, street
and number of polling place, city or town in which such absent voter is
a qualified elector, and the words, "This envelope contains an absent
voter's ballot and must be opened only on election day at the polls
immediately after the polls are closed," mailing the same, postage
prepaid, to such judges of election, or if more convenient he or it may
deliver such absent voter's ballot to the judges of election in person
or by duly deputized agent and secure his receipt for delivery of such
ballot or ballots. Absent voter's ballots postmarked after 11:59 p.m.
of the day immediately preceding the election returned to the election
authority too late to be delivered to the proper polling place before
the closing of the polls on the day of election shall be endorsed by
39 [April 7, 2000]
the person receiving the same with the day and hour of receipt and
shall be safely kept unopened by the election authority for the period
of time required for the preservation of ballots used at such election,
and shall then, without being opened, be destroyed in like manner as
the used ballots of such election.
(b) All absent voters' ballots received by the election authority
after 12:00 noon on election day or too late for delivery to the proper
polling place before the closing of the polls on election day, except
ballots returned by mail postmarked after midnight preceding the
opening of the polls on election day, shall be counted in the office of
the election authority on the day of the election after 7:00 p.m. All
absent voters' ballots delivered in error to the wrong precinct polling
place shall be returned to the election authority and counted under
this provision.
Such counting shall commence no later than 8:00 p.m. and shall be
conducted by a panel or panels of election judges appointed in the
manner provided by law. Such counting shall continue until all absent
voters' ballots received as aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and Articles
17 and 18 of this Code, shall apply to all absent voters' ballots
counted under this provision; except that votes shall be recorded
without regard to precinct designation.
Where certain absent voters' ballots are counted in the office of
the election authority as provided in this Section, each political
party, candidate and qualified civic organization shall be entitled to
have present one pollwatcher for each panel of election judges therein
assigned.
(Source: P.A. 84-861.)
(10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
Sec. 20-9. At the close of the regular balloting and at the close
of the polls the judges of election of each voting precinct or the
panel or panels of judges in the office of the election authority, as
the case may be, shall proceed to cast the absent voter's ballot
separately, and as each absent voter's ballot is taken shall open the
outer or carrier envelope, announce the absent voter's name, and
compare the signature upon the application with the signature upon the
registration record card if the voter is registered or upon the
certification on the ballot envelope if there is no registration card.
In case the judges find the certifications properly executed, that the
signatures correspond, that the applicant is a duly qualified elector
in the precinct and the applicant has not been present and voted within
the county where he represents himself to be a qualified elector on
such election day, they shall open the envelope containing the absent
voter's ballot in such manner as not to deface or destroy the
certification thereon, or mark or tear the ballots therein and take out
the ballot or ballots therein contained without unfolding or permitting
the same to be unfolded or examined, and having endorsed or initialed
the ballot in like manner as other ballots are required to be endorsed,
shall deposit the same in the proper ballot box or boxes and mark the
voter's registration record card accordingly or file the application in
lieu thereof. The judges shall place the absentee ballot certification
envelopes in a separate envelope as per the direction of the election
authority. Such envelope containing the absentee ballot certification
envelopes shall be returned to the election authority and preserved in
like manner as the official poll record.
In case the signatures do not correspond, or that the applicant is
not a duly qualified elector in such precinct or that the ballot
envelope is open or has been opened and resealed (except for the
purpose of military censorship), or that said voter is present and has
voted within the county where he represents himself to be a qualified
elector on the day of such election at such election such previously
cast vote shall not be allowed, but without opening the absent voter's
envelope the judge of such election shall mark across the face thereof,
"Rejected", giving the reason therefor.
In case the ballot envelope contains duplicate ballots, said
ballots shall not be counted, but shall be marked "Rejected", giving
[April 7, 2000] 40
the reason therefor.
The absent voters' envelopes and certifications and the absent
voters' envelope with its contents unopened, when such absent vote is
rejected shall be retained and preserved in the manner as now provided
for the retention and preservation of official ballots rejected at such
election.
(Source: P.A. 87-1052.)
(10 ILCS 5/20-15)
Sec. 20-15. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 20, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/24B-3)
Sec. 24B-3. Adoption, experimentation or abandonment of Precinct
Tabulation Optical Scan Technology system; Boundaries of precincts;
Notice. Except as otherwise provided in this Section, any county
board, board of county commissioners and any board of election
commissioners, with respect to territory within its jurisdiction, may
adopt, experiment with, or abandon a Precinct Tabulation Optical Scan
Technology voting system approved for use by the State Board of
Elections and may use the Precinct Tabulation Optical Scan Technology
voting system in all or some of the precincts within its jurisdiction,
or in combination with paper ballots or voting machines. Any county
board, board of county commissioners or board of election commissioners
may contract for the tabulation of votes at a location outside its
territorial jurisdiction when there is no suitable tabulating equipment
available within its territorial jurisdiction. In no case may a county
board, board of county commissioners or board of election commissioners
contract or arrange for the purchase, lease or loan of an electronic
Precinct Tabulation Optical Scan Technology voting system or Precinct
Tabulation Optical Scan Technology voting system component without the
approval of the State Board of Elections as provided by Section 24B-16.
However, the county board and board of county commissioners of each
county having a population of 40,000 or more, with respect to all
elections for which the county board or the county clerk is charged
with the duty of providing materials and supplies, and each board of
election commissioners in a municipality having a population of 40,000
or more, with respect to elections under its jurisdiction, must provide
either Precinct Tabulation Optical Scan Technology voting systems
approved for use by the State Board of Elections under this Article or
voting systems under Article 24A, Article 24C, or Article 24 for each
precinct for all such elections except as provided in Section 24-1.2.
For purposes of this Section 24B-3, the term "population" does not
include persons prohibited from voting by Section 3-5 of this Code.
Before any such Precinct Tabulation Optical Scan Technology system
is introduced, adopted or used in any precinct or territory at least 2
months public notice must be given before the date of the first
election where the Precinct Tabulation Optical Scan Technology voting
system is to be used. The election authority shall publish the notice
at least once in one or more newspapers published within the county, or
other jurisdiction, where the election is held. If there is no such
newspaper, the notice shall be published in a newspaper published in
41 [April 7, 2000]
the county and having a general circulation within such jurisdiction.
The notice shall be substantially as follows:
Notice is hereby given that on ....(give date)...., at ....(give
place where election is held).... in the county of ...., an election
will be held for ....(give name of offices to be filled).... at which a
Precinct Tabulation Optical Scan Technology electronic voting system
will be used.
Dated at.... on (insert date). this .... day of .... 19....
This notice referred to shall be given only at the first election
at which the Precinct Tabulation Optical Scan Technology voting
machines or Precinct Tabulation Optical Scan Technology voting systems
are used.
(Source: P.A. 89-394, eff. 1-1-97; revised 10-20-98.)
(10 ILCS 5/Art. 24C heading new)
ARTICLE 24C. DIRECT RECORDING
ELECTRONIC VOTING SYSTEMS
(10 ILCS 5/24C-1 new)
Sec. 24C-1. Purpose. The purpose of this Article is to authorize
the use of Direct Recording Electronic Voting Systems approved by the
State Board of Elections. In a Direct Recording Electronic Voting
System, voters cast votes by means of a ballot display provided with
mechanical or electro-optical devices that can be activated by the
voters to mark their choices for the candidates of their preference and
for or against public questions. The voting devices shall be capable of
instantaneously recording the votes, storing the votes, and tabulating
the votes at the precinct or at one or more counting stations. This
Article does not apply to voting systems without voting defect
identification technology capability. This Article authorizes the use
of Direct Recording Electronic Voting Systems for both central counting
and in-precinct counting applications.
(10 ILCS 5/24C-2 new)
Sec. 24C-2. Definitions. As used in this Article:
"Audit trail" means a continuous trail of evidence linking
individual transactions related to the vote count with the summary
record of vote totals, but that shall not allow for the identification
of the voter. It shall permit verification of the accuracy of the
count and detection and correction of problems and shall provide a
record of each step taken in: defining and producing ballots and
generating related software for specific elections; installing ballots
and software; testing system readiness; casting and tabulating ballots;
and producing reports of vote totals. The record shall incorporate
system status and error messages generated during election processing,
including a log of machine activities and routine and unusual
intervention by authorized and unauthorized individuals. Also part of
an election audit trail is the documentation of such items as ballots
delivered and collected, administrative procedures for system security,
pre-election testing of voting systems, and maintenance performed on
voting equipment.
"Ballot" means an electronic audio or video display or any other
medium used to record a voter's choices for the candidates of his or
her preference and for or against public questions.
"Ballot configuration" means the particular combination of
political subdivision or district ballots including, for each political
subdivision or district, the particular combination of offices,
candidate names, and public questions as they appear for each group of
voters who may cast the same ballot.
"Ballot image" means a corresponding representation in electronic
form of the mark or vote position of a ballot.
"Ballot label" or "ballot screen" means the display of material
containing the names of offices and candidates and public questions to
be voted on.
"Central counting" means the counting of ballots in one or more
locations selected by the election authority for the processing,
counting, or both, of ballots. A location for central counting shall
be within the territorial jurisdiction of the election authority unless
there is no suitable tabulating equipment available within its
[April 7, 2000] 42
territorial jurisdiction, provided, that in any event a counting
location shall be within this State.
"Computer", "automatic tabulating equipment", or "equipment"
includes (i) apparatus necessary to automatically examine and count
votes as designated on ballots and (ii) data processing machines that
can be used for counting ballots and tabulating results.
"Computer operator" means any person or persons designated by the
election authority to operate the automatic tabulating equipment during
any portion of the vote tallying process in an election, but shall not
include judges of election operating vote tabulating equipment in the
precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic tabulating equipment that examines,
records, counts, tabulates, canvasses, and prints votes recorded by a
voter on a ballot.
"Direct recording electronic voting system", "voting system", or
"system" means the combination of equipment and programs that records
votes by means of a ballot display provided with mechanical or
electro-optical devices that can be activated by the voter, that
processes the data by means of a computer program, that records voting
data and ballot images in internal memory devices, and that produces a
tabulation of the voting data as hard copy or stored in a removable
memory device.
"Edit listing" means a computer generated listing of the names of
each candidate and public question as they appear in the program for
each precinct.
"In-precinct counting" means the recording and counting of ballots
on automatic tabulating equipment provided by the election authority in
the same precinct polling place in which those ballots have been cast.
"Marking device" means a pen or similar device approved by the
State Board of Elections for marking a ballot so as to enable the
ballot to be recorded, counted, and tabulated by automatic tabulating
equipment.
"Redundant count" means a verification of the original computer
count of ballots by another count using compatible equipment or other
means as part of a discovery recount.
"Separate ballot" means a separate page or display screen of the
ballot that is clearly defined and distinguishable from other portions
of the ballot.
"Voting defect identification" means the capability to detect
overvoted ballots or ballots that cannot be read by the automatic
tabulating equipment.
"Voting defect" means an overvoted ballot or a ballot that cannot
be read by the automatic tabulating equipment.
"Voting device" or "voting machine" means an apparatus that
contains the ballot label or ballot screen and allows the voter to
record his or her vote.
(10 ILCS 5/24C-3 new)
Sec. 24C-3. Adoption, experimentation, or abandonment of Direct
Recording Electronic Voting System; boundaries of precincts; notice.
Except as otherwise provided in this Section, any county board, board
of county commissioners, or board of election commissioners, with
respect to territory within its jurisdiction, may adopt, experiment
with, or abandon a Direct Recording Electronic Voting System approved
for use by the State Board of Elections and may use the system in all
or some of the precincts within its jurisdiction, or in combination
with paper ballots or voting machines. Any county board, board of
county commissioners, or board of election commissioners may contract
for the tabulation of votes at a location outside its territorial
jurisdiction when there is no suitable tabulating equipment available
within its territorial jurisdiction. In no case may a county board,
board of county commissioners, or board of election commissioners
contract or arrange for the purchase, lease, or loan of a Direct
Recording Electronic Voting System or system component without the
approval of the State Board of Elections as provided by Section 24C-16.
The county board and board of county commissioners of each county
43 [April 7, 2000]
having a population of 40,000 or more, with respect to all elections
for which the county board or the county clerk is charged with the duty
of providing materials and supplies, and each board of election
commissioners in a municipality having a population of 40,000 or more,
with respect to elections under its jurisdiction, must provide either a
Direct Recording Electronic Voting System approved for use by the State
Board of Elections under this Article or voting systems under Article
24, Article 24A, or Article 24B for each precinct for all elections,
except as provided in Section 24-1.2. For purposes of this Section
"population" does not include persons prohibited from voting by Section
3-5 of this Code.
Before any Direct Recording Electronic Voting System is introduced,
adopted, or used in any precinct or territory, at least 2 months public
notice must be given before the date of the first election when the
system is to be used. The election authority shall publish the notice
at least once in one or more newspapers published within the county, or
other jurisdiction, where the election is held. If there is no such
newspaper, the notice shall be published in a newspaper published in
the county and having a general circulation within the jurisdiction.
The notice shall be substantially as follows:
"Notice is hereby given that on (give date), at (insert place where
election is held) in the county of (insert county) an election will be
held for (insert name of offices to be filled) at which a Direct
Recording Electronic Voting System will be used."
Dated at ... (insert date)"
This notice referred to shall be given only at the first election
at which the Direct Recording Electronic Voting System is used.
(10 ILCS 5/24C-3.1 new)
Sec. 24C-3.1. Retention, consolidation, or alteration of existing
precincts; change of location. When a Direct Recording Electronic
Voting System is used, the county board or board of election
commissioners may retain existing precincts or may consolidate,
combine, alter, decrease, or enlarge the boundaries of the precincts to
change the number of registered voters of the precincts using the
system, establishing the number of registered voters within each
precinct at a number not to exceed 800 as the appropriate county board
or board of election commissioners determines will afford adequate
voting facilities and efficient and economical elections.
Except in the event of a fire, flood, or total loss of heat in a
place fixed or established pursuant to law by any county board or board
of election commissioners as a polling place for an election, no
election authority shall change the location of a polling place
established for any precinct after notice of the place of holding the
election for that precinct has been given as required under Article 12,
unless the election authority notifies all registered voters in the
precinct of the change in location by first class mail in sufficient
time for the notice to be received by the registered voters in the
precinct at least one day prior to the date of the election.
(10 ILCS 5/24C-4 new)
Sec. 24C-4. Use of Direct Recording Electronic Voting System;
requisites; applicable procedure. Direct Recording Electronic Voting
Systems may be used in elections provided that the systems enable the
voter to cast a vote for all offices and on all public questions for
which he or she is entitled to vote, and that the systems have the
capability to detect and identify voting defects and to notify the
voter of any defects, and provided further that the systems are
approved for use by the State Board of Elections.
So far as applicable, the procedure provided for voting paper
ballots shall apply when Direct Recording Electronic Voting Systems are
used. The provisions of this Article 24C will govern when there are
conflicts.
(10 ILCS 5/24C-5 new)
Sec. 24C-5. Voting booths. In precincts where a Direct Recording
Electronic Voting System is used, a sufficient number of voting booths
shall be provided for the use of the system according to the
requirements determined by the State Board of Elections. Each booth
[April 7, 2000] 44
shall be placed so that the entrance to each booth faces a wall in a
manner that no judge of election or pollwatcher is able to observe a
voter casting a ballot.
(10 ILCS 5/24C-5.1 new)
Sec. 24C-5.1. Instruction of voters. Before entering the voting
booth each voter shall be offered instruction in using the Direct
Recording Electronic Voting System. In instructing voters, no precinct
official may show partiality to any political party or candidate. The
duties of instruction shall be discharged by a judge from each of the
political parties represented and they shall alternate serving as
instructor so that each judge shall serve a like time at those duties.
No instructions may be given after the voter has entered the voting
booth.
No precinct official or person assisting a voter may in any manner
request, suggest, or seek to persuade or induce any voter to cast his
or her vote for any particular ticket, candidate, amendment, question,
or proposition. All instructions shall be given by precinct officials
in a manner that it may be observed by other persons in the polling
place.
(10 ILCS 5/24C-5.2 new)
Sec. 24C-5.2. Demonstration of Direct Recording Electronic Voting
System; placement in public library. When a Direct Recording
Electronic Voting System is to be used in a forthcoming election, the
election authority may provide, for the purpose of instructing voters
in the election, one demonstrator Direct Recording Electronic Voting
System unit for placement in any public library within the political
subdivision where the election occurs. If the placement of a
demonstrator takes place it shall be made available at least 30 days
before the election.
(10 ILCS 5/24C-6 new)
Sec. 24C-6. Ballot information; arrangement; absentee ballots;
spoiled ballots. The ballot information shall, as far as practicable,
be in the order of arrangement provided for paper ballots, except that
the information may be in vertical or horizontal rows or on a number of
separate pages or display screens.
Ballots for all public questions to be voted on should be provided
in a similar manner and must be arranged on the ballot in the places
provided for those purposes. All public questions, including but not
limited to public questions calling for a constitutional convention,
constitutional amendment, or judicial retention, shall be placed on the
ballot separate and apart from candidates. Ballots for all public
questions shall be clearly designated by borders or different color
screens. More than one amendment to the constitution may be placed on
the same portion of the ballot sheet. Constitutional convention or
constitutional amendment propositions shall be placed on a separate
portion of the ballot and designated by borders or unique color
screens, unless otherwise provided by administrative rule of the State
Board of Elections. More than one public question may be placed on the
same portion of the ballot. More than one proposition for retention of
judges in office may be placed on the same portion of the ballot.
Below the name of the last candidate listed for an office shall be
a space or spaces in which the name of a candidate or candidates may be
written in or recorded by the voter. The number of write-in lines for
an office shall equal the number of candidates for which a voter may
vote.
The party affiliation, if any, of each candidate or the word
"independent", where applicable, shall appear near or under the
candidate's name, and the names of candidates for the same office shall
be listed vertically under the title of that office. In the case of
nonpartisan elections for officers of political subdivisions, unless
the statute or an ordinance adopted pursuant to Article VII of the
Illinois Constitution requires otherwise, the listing of nonpartisan
candidates shall not include any party or "independent" designation. In
primary elections, a separate ballot, shall be used for each political
party holding a primary, with the ballot arranged to include names of
the candidates of the party and public questions and other propositions
45 [April 7, 2000]
to be voted upon on the day of the primary election.
If the ballot includes both candidates for office and public
questions or propositions to be voted on, the election official in
charge of the election shall divide the ballot in sections for
"Candidates" and "Public Questions", or separate ballots may be used.
Any election authority using a Direct Recording Electronic Voting
System may use voting systems approved for use under Articles 24A or
24B of this Code in conducting absentee voting in the office of the
election authority or voted by mail.
Any voter who spoils his or her ballot, makes an error, or has a
ballot rejected by the automatic tabulating equipment shall be provided
a means of correcting the ballot or obtaining a new ballot prior to
leaving the polling place.
(10 ILCS 5/24C-6.1 new)
Sec. 24C-6.1. Security designation. In all elections conducted
under this Article, ballots shall have a security designation. In
precincts where more than one ballot configuration may be voted upon,
ballots shall have a different security designation for each ballot
configuration. If a precinct has only one possible ballot
configuration, the ballots must have a security designation to identify
the precinct and the election. Where ballots from more than one
precinct are being tabulated, the ballots from each precinct must be
clearly identified; official results shall not be generated unless the
precinct identification for any precinct corresponds. When the
tabulating equipment being used requires entering the program
immediately before tabulating the ballots for each precinct, the
precinct program may be used. The Direct Recording Electronic Voting
System shall be designed to ensure that the proper ballot is selected
for each polling place and that the format can be matched to the
software or firmware required to interpret it correctly. The system
shall provide a means of programming each piece of equipment to reflect
the ballot requirements of the election and shall include a means for
validating the correctness of the program and of the program's
installation in the equipment or in a programmable memory devide.
(10 ILCS 5/24C-7 new)
Sec. 24C-7. Write-in ballots. A Direct Recording Electronic Voting
System shall provide an acceptable method for a voter to vote for a
person whose name does not appear on the ballot using the same
apparatus used to record votes for candidates whose name do appear on
the ballot. Election authorities utilizing Direct Recording Electronic
Voting Systems shall not use separate write-in ballots.
(10 ILCS 5/24C-8 new)
Sec. 24C-8. Preparation for use; comparison of ballots; operational
checks of Direct Recording Electronic Voting Systems equipment;
pollwatchers. The county clerk or board of election commissioners
shall cause the approved Direct Recording Electronic Voting System
equipment to be delivered to the polling places. Before the opening of
the polls, all Direct Recording Electronic Voting System devices shall
provide a printed record of the following, upon verification of the
authenticity of the commands by a judge of election: the election's
identification data, the equipment's unit identification, the ballot's
format identification, the contents of each active candidate register
by office and of each active public question register showing that they
contain all zeros, all ballot fields that can be used to invoke special
voting options, and other information needed to ensure the readiness of
the equipment, and to accommodate administrative reporting
requirements.
The Direct Recording Electronic Voting System shall provide a means
of opening the polling place and readying the equipment for the casting
of ballots. Those means shall incorporate a security seal, a password,
or a data code recognition capability to prevent inadvertent or
unauthorized actuation of the poll-opening function. If more than one
step is required, it shall enforce their execution in the proper
sequence.
Pollwatchers as provided by law shall be permitted to closely
observe the judges in these procedures and to periodically inspect the
[April 7, 2000] 46
Direct Recording Electronic Voting System equipment when not in use by
the voters.
(10 ILCS 5/24C-9 new)
Sec. 24C-9. Testing of Direct Recording Electronic Voting System
equipment and programs; custody of programs, test materials, and
ballots. Prior to the public test, the election authority shall
conduct an errorless pre-test of the Direct Recording Electronic Voting
System equipment and programs to determine that they will correctly
detect voting defects and count the votes cast for all offices and all
public questions. On any day not less than 5 days prior to the
election day, the election authority shall publicly test the Direct
Recording Electronic Voting System equipment and programs to determine
that they will correctly detect voting defects and count the votes cast
for all offices and on all public questions. Public notice of the time
and place of the test shall be given at least 48 hours before the test
by publishing the notice in one or more newspapers within the election
jurisdiction of the election authority, if a newspaper is published in
that jurisdiction. If a newspaper is not published in that
jurisdiction, notice shall be published in a newspaper of general
circulation in that jurisdiction. Timely written notice stating the
date, time, and location of the public test shall also be provided to
the State Board of Elections. The test shall be open to
representatives of the political parties, the press, representatives of
the State Board of Elections, and the public. The test shall be
conducted by entering a preaudited group of ballots marked to record a
predetermined number of valid votes for each candidate and on each
public question, and shall include for each office one or more ballots
having votes exceeding the number allowed by law to test the ability of
the automatic tabulating equipment to reject the votes. The test shall
also include producing an edit listing. In those election
jurisdictions where in-precinct counting equipment is used, a public
test of both the equipment and program shall be conducted as nearly as
possible in the manner prescribed above.
The State Board of Elections may select as many election
jurisdictions that the Board deems advisable in the interests of the
election process of this State to order a special test of the automatic
tabulating equipment and program before any regular election. The
Board may order a special test in any election jurisdiction where,
during the preceding 12 months, computer programming errors or other
errors in the use of the system resulted in vote tabulation errors.
Not less than 30 days before any election, the State Board of Elections
shall provide written notice to those selected jurisdictions of its
intent to conduct a test. Within 5 days of receipt of the State Board
of Elections' written notice of intent to conduct a test, the selected
jurisdictions shall forward to the principal office of the State Board
of Elections a copy of all specimen ballots. The State Board of
Elections' tests shall be conducted and completed not less than 2 days
before the public test using testing materials supplied by the Board
and under the supervision of the Board, and the Board shall reimburse
the election authority for the reasonable cost of computer time
required to conduct the special test. After an errorless test,
materials used in the public test, including the program, if
appropriate, shall be sealed and remain sealed until the test is run
again on election day. If any error is detected, the cause of the
error shall be determined and corrected, and an errorless public test
shall be made before the automatic tabulating equipment is approved.
Each election authority shall file a sealed copy of each tested program
to be used within its jurisdiction at an election with the State Board
of Elections before the election. The Board shall secure the program
or programs of each election jurisdiction so filed in its office for
the 60 days following the canvass and proclamation of election results.
At the expiration of that time, if no election contest or appeal is
pending in an election jurisdiction, the Board shall return the sealed
program or programs to the election authority of the jurisdiction.
Except where in-precinct counting equipment is used, the test shall be
repeated immediately before the start of the official counting of the
47 [April 7, 2000]
ballots, in the same manner as set forth above. After the completion
of the count, the test shall be re-run using the same program.
Immediately after the re-run, all material used in testing the program
and the programs shall be sealed and retained under the custody of the
election authority for a period of 60 days. At the expiration of that
time the election authority shall destroy the voted ballots, together
with all unused ballots returned from the precincts, provided, that if
any contest of election is pending at the time in which the ballots may
be required as evidence and the election authority has notice of the
contest, the ballots shall not be destroyed until after the contest is
finally determined. If the use of back-up equipment becomes necessary,
the same testing required for the original equipment shall be
conducted.
(10 ILCS 5/24C-10 new)
Sec. 24C-10. Recording of votes by Direct Recording Electronic
Voting Systems. Whenever a Direct Recording Electronic Voting System is
used to automatically record and count the votes on ballots, the
provisions of this Section shall apply. A voter shall cast a proper
vote on a ballot by marking the designated area for the casting of a
vote for any party or candidate or for or against any public question.
For this purpose, a mark is an intentional selection of the designated
area on the ballot by appropriate means and that is not otherwise an
identifying mark.
(10 ILCS 5/24C-11 new)
Sec. 24C-11. Functional requirements. In an election jurisdiction
which has adopted a Direct Recording Electronic Voting System, the
system shall, in addition to satisfying the other requirements of this
Article, perform the following functions:
(1) Provide a voter in a primary election with the means of
casting a ballot containing votes for any and all candidates of the
party or parties of his or her choice, and for any and all
non-partisan candidates and public questions. In a general
election, the system shall provide the voter with means of
selecting the appropriate number of candidates for any office and
of voting on any public question on the ballot for which he or she
is entitled to vote.
(2) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the system
shall prevent the selections of the prohibited votes.
(3) Once the voter has selected a proper ballot, the system
devices shall provide a means of enabling the recording of votes
and the casting of the ballot.
(4) System voting devices shall provide labels indicating the
names of every candidate and the text of every public question on
the voter's ballot. Each label shall identify the selection button
or switch or the active area of the ballot associated with it. The
devices shall enable the voter to vote for any and all candidates
and public questions appearing on the ballot in any legal number
and combination. The voter shall be able to delete or change his
or her selections before the ballot is cast. A means shall be
provided to indicate each selection after it has been made or
canceled.
(5) System voting devices shall provide a means for the voter
to signify that the selection of candidates and public questions
has been completed. Upon activation, the system shall record an
image of the completed ballot, shall increment the proper ballot
position registers, and shall signify to the voter that the ballot
has been cast. The system shall then prevent any further attempt
to vote until it has been reset or re-enabled by a judge of
election.
(6) Each system voting device shall be equipped with a public
counter that can be set to zero prior to the opening of the polling
place and that records the number of ballots cast during that
particular election. The counter shall be incremented only by the
casting of a ballot. The counter shall be designed to prevent
disabling or resetting by other than authorized persons after the
[April 7, 2000] 48
polls close. The counter shall be visible to all judges of
election so long as the device is installed at the polling place.
(7) Each system voting device shall be equipped with a
protective counter that records all of the testing and election
ballots cast since the unit was built. This counter shall be
designed so that its reading cannot be changed by any cause other
than the casting of a ballot. The protective counter shall be
incapable of ever being reset and shall be visible at all times
when the device is configured for testing, maintenance, or election
use.
(8) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted. The means of control shall incorporate
a visible indication of system status. The device shall preclude
the re-opening once the poll closing has been completed for that
election.
(9) The system shall produce a printed summary report of the
votes cast upon each voting device. Until the proper sequence of
events associated with closing the polling place has been
completed, the system shall not allow the printing of a report or
the extraction of data. The printed report shall also contain all
system audit information required by the election authority. Data
shall not be altered or otherwise destroyed by report generation
and the system shall ensure the integrity and security of data for
a period of at least 6 months after the polls close.
(10) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a
single report even if different voting systems are used to record
absentee ballots.
(11) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded. System
functions shall be executable only in the intended manner and order
and only under the intended conditions. If the preconditions to a
system function have not been met, the function shall be precluded
from executing by the system's control logic.
(12) All system voting devices shall incorporate at least 3
memories in the machine itself and in its programmable memory
devices.
(13) The system shall include capabilities of recording and
reporting the date and time of normal and abnormal events and of
maintaining a permanent record of audit information that cannot be
turned off. Provisions shall be made to detect and record
significant events (e.g., casting a ballot, error conditions that
cannot be disposed of by the system itself, time-dependent or
programmed events that occur without the intervention of the voter
or a judge of election).
(14) The system must maintain an image of each ballot that is
cast such that records of individual ballots are maintained by a
subsystem independent and distinct from the main vote detection,
interpretation, processing, and reporting path. The electronic
images of each ballot must protect the integrity of the data and
the anonymity of each voter, for example, by means of storage
location scrambling. The ballot image records may be either
machine-readable, manually transcribed, or both, at the discretion
of the election authority.
(15) The system shall include built-in test, measurement, and
diagnostic software and hardware for detecting and reporting the
system's status and degree of operability.
(16) The system shall contain provisions for maintaining the
integrity of memory voting and audit data during an election and
for a period of at least 6 months thereafter and shall provide the
means for creating an audit trail.
(17) The system shall be designed to permit blind or visually
impaired voters, as well as physically disabled voters, to exercise
49 [April 7, 2000]
their right to vote in private and without assistance.
(10 ILCS 5/24C-12 new)
Sec. 24C-12. Procedures for counting and tallying of ballots. In an
election jurisdiction where a Direct Recording Electronic Voting System
is used, the procedures in this Section for counting and tallying the
ballots shall apply.
Before the opening of the polls, the judges of elections shall
assemble the voting equipment and devices and turn the equipment on.
The judges shall, if necessary, take steps to actuate the voting
devices and counting equipment by inserting into the equipment and
voting devices appropriate data cards containing passwords and data
codes that will select the proper ballot formats for that polling place
and that will prevent inadvertent or unauthorized actuation of the
poll-opening function. Before voting begins and before ballots are
entered into the voting devices, the judges of election shall cause to
be printed a record of the following: (i) the election's identification
data, (ii) the device's unit identification, (iii) the ballot's format
identification, (iv) the contents of each active candidate register by
office and of each active public question register showing that they
contain all zeros, (v) all ballot fields that can be used to invoke
special voting options, and (vi) other information needed to ensure the
readiness of the equipment and to accommodate administrative reporting
requirements. The judges must also check to be sure that the totals
are all zeros in the counting columns and in the public counter affixed
to the voting devices.
After the judges have determined that a person is qualified to
vote, the judges shall enable a voting device to be used by the voter
and the proper ballot to which the voter is entitled shall be selected.
The ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a vote for
any candidate or for or against any public question. The voter shall be
able to vote for any and all candidates and public measures appearing
on the ballot in any legal number and combination and the voter shall
be able to delete or change his or her selections before the ballot is
cast. The voter shall be able to select candidates whose names do not
appear upon the ballot for any office by entering electronically as
many names of candidates as the voter is entitled to select for each
office.
Upon completing his or her selection of candidates or public
questions, the voter shall signify that voting has been completed by
activating the appropriate button, switch, or active area of the ballot
screen associated with end of voting. Upon activation, the voting
system shall record an image of the completed ballot, shall increment
the proper ballot position registers, and shall signify to the voter
that the ballot has been cast. The voter shall exit the voting station
and the voting system shall prevent any further attempt to vote until
it has been re-activated by the judges of election.
Throughout the election day and before the closing of the polls, no
person may check any vote totals for any candidate or public question
on the voting or counting equipment. The equipment shall be programmed
so that no person may reset the equipment for reentry of ballots unless
provided a code from an authorized representative of the election
authority.
In election jurisdictions that deliver absentee ballots to the
precinct polling place to be counted by the precinct judges of
election, the absentee ballots shall be examined immediately after the
closing of the polls by the precinct judges of election to determine
that the ballots comply with Sections 19-9 and 20-9 of this Code and
are entitled to be counted and deposited in the ballot box. Those
ballots entitled to be counted shall be initialed by the precinct
judges of election and deposited in the ballot box. Those not entitled
to be counted and deposited in the ballot box shall be marked
"Rejected" and disposed of as provided in Sections 19-9 and 20-9.
The precinct judges of election shall then open the ballot box and
count the number of absentee ballots therein to determine if the number
agrees with the number of absent voters voting as shown by the
[April 7, 2000] 50
applications for absentee ballot or, if the same do not agree, the
judges shall make the ballots agree with the applications for absentee
ballot in the manner provided by Section 17-18 of the Code. The judges
of election shall then examine all absentee ballots in the ballot box
to determine whether the ballots, including ballot card envelopes where
applicable, contain the initials of a precinct judge of election. If
any ballot or ballot card envelope is not initialed, it shall be marked
on the back "Defective", initialed by all judges immediately under the
word "Defective", and not counted. The judges of election shall place
an initialed blank official ballot in the place of the defective ballot
so that the count of the ballots to be counted will be the same, and
each "Defective Ballot" and "Replacement" ballot shall contain the same
serial number which shall be placed thereon by the judges of election,
commencing with number 1 and continuing consecutively for the ballots
of that kind in that precinct. The original "Defective" ballot shall
be placed in the "Defective Ballot Envelope" provided for that purpose.
The judges of election shall then examine all absentee ballots
entitled to be counted for write-in votes. When the voter has cast a
write-in vote, the judges of election shall compare the write-in vote
with the votes on the ballot to determine whether the write-in results
in an overvote for any office. In case of an overvote for any office,
the judges of election, consisting in each case of at least one judge
of election of each of the 2 major political parties, shall make a true
duplicate ballot of all votes on the ballot except for the office which
is overvoted. The original ballot upon which there is an overvote
shall be clearly labeled "Overvoted Ballot", and each such "Overvoted
Ballot" as well as its "Replacement" shall contain the same serial
number which shall be placed thereon by the judges of election,
commencing with number 1 and continuing consecutively for the ballots
of that kind in that precinct. The "Overvoted Ballot" shall be placed
in an envelope provided for that purpose labeled "Duplicate Ballot"
envelope and the judges of election shall initial the "Replacement"
ballots and shall place them with the other ballots to be counted.
Absentee ballots containing write-in votes marked in the place
designated therefor and containing the initials of a precinct judge of
election and not resulting in an overvote and otherwise complying with
the election laws as to marking shall be counted.
If the election jurisdiction chooses to count absentee ballots
using Direct Recording Electronic Voting System voting devices, the
judges of election, consisting in each case of at least one judge of
election of each of the 2 major political parties, shall make the true
duplicate of the ballot by transferring all votes other than overvotes
into the Direct Recording Electronic Voting System voting devices. If
the election jurisdiction chooses to count absentee ballots using
equipment of a system other than a Direct Recording Electronic Voting
System, the judges of election shall count those ballots in accordance
with the provisions of Article 24A or 24B of this Code, as the case may
be. The judges of election shall then deposit such absentee ballots in
the ballot box.
If any absentee ballot is to be counted using equipment of a system
other than a Direct Recording Electronic Voting System and is damaged
or defective so that it cannot properly be counted by the equipment,
the judges of election, consisting in each case of at least one judge
of election of each of the 2 major political parties, shall make a true
duplicate ballot of all votes on the ballot in accordance with the
provisions of Article 24A or Article 24B, as the case may be. If a
damaged ballot, the original ballot shall be clearly labeled "Damaged
Ballot" and the ballot so produced shall be clearly labeled "Duplicate
Damaged Ballot", and each shall contain the same serial number which
shall be placed by the judges of election, beginning with number 1 and
continuing consecutively for the ballots of that kind in the precinct.
The judges of election shall initial the "Duplicate Damaged Ballot"
ballot and shall enter the duplicate damaged ballot into the automatic
tabulating equipment. The "Damaged Ballots" shall be placed in the
"Duplicated Ballots" envelope.
The precinct judges of election shall check the public register to
51 [April 7, 2000]
determine whether the number of ballots counted by the voting equipment
agrees with the number of voters voting as shown by the applications
for ballot. If the same do not agree, the judges of election shall
immediately contact the offices of the election authority in charge of
the election for further instructions. If the number of ballots
counted by the voting equipment agrees with the number of voters voting
as shown by the application for ballot, the number shall be listed on
the "Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be tabulated
and 4 copies of a "Certificate of Results" shall be printed by the
automatic tabulating equipment. One copy shall be posted in a
conspicuous place inside the polling place and every effort shall be
made by the judges of election to provide a copy for each authorized
pollwatcher or other official authorized to be present in the polling
place to observe the counting of ballots. In no case shall the number
of copies to be made available to pollwatchers be fewer than 4 chosen
by lot by the judges of election. In addition, sufficient time shall
be provided by the judges of election to the pollwatchers to allow them
to copy information from the copy that has been posted.
If instructed by the election authority, the judges of election
shall cause the tabulated returns to be transmitted electronically to
the offices of the election authority via modem or other electronic
medium.
The precinct judges of election shall select a bi-partisan team of
2 judges, who shall immediately return the ballots in a sealed
container, along with all other election materials and equipment as
instructed by the election authority; provided, however, that the
container must first be sealed by the election judges with filament
tape or other approved sealing devices provided for the purpose in a
manner that the ballots cannot be removed from the container without
breaking the seal or filament tape and disturbing any signatures
affixed by the election judges to the container. The election
authority shall keep the office of the election authority, or any
receiving stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots and
election material and equipment from all precincts within the
jurisdiction of the election authority have been returned to the
election authority. Ballots and election materials and equipment
returned to the office of the election authority that are not signed
and sealed as required by law shall not be accepted by the election
authority until the judges returning the ballots make and sign the
necessary corrections. Upon acceptance of the ballots and election
materials and equipment by the election authority, the judges returning
the ballots shall take a receipt signed by the election authority and
stamped with the time and date of the return. The election judges
whose duty it is to return any ballots and election materials and
equipment as provided shall, in the event the ballots, materials, or
equipment cannot be found when needed, on proper request, produce the
receipt that they are to take as above provided.
(10 ILCS 5/24C-13 new)
Sec. 24C-13. Proceedings at location for central counting;
employees; approval of list. All proceedings at the location for
central counting shall be under the direction of the county clerk or
board of election commissioners. Except for any specially trained
technicians required for the operation of the Direct Recording
Electronic Voting System, the employees at the counting station shall
be equally divided between members of the 2 major political parties and
all duties performed by the employees shall be by teams consisting of
an equal number of members of each political party. Thirty days before
an election the county clerk or board of election commissioners shall
submit to the county chairman of the county central committee of each
political party, for his or her approval or disapproval, a list of
persons of his or her party proposed to be employed. If a chairman
fails to notify the election authority of his or her disapproval of any
proposed employee within a period of 10 days thereafter, the list shall
be deemed approved.
[April 7, 2000] 52
(10 ILCS 5/24C-14 new)
Sec. 24C-14. Tabulating votes; direction; presence of public;
computer operator's log and canvass. The procedure for tabulating the
votes by the Direct Recording Electronic Voting System shall be under
the direction of the election authority and shall conform to the
requirements of the Direct Recording Electronic Voting System. During
any election-related activity using the automatic Direct Recording
Electronic Voting System equipment, the election authority shall make a
reasonable effort to dedicate the equipment to vote processing to
ensure the security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to the
counting location. Persons may observe the tabulating process at the
discretion of the election authority; however, at least one
representative of each established political party and authorized
agents of the State Board of Elections shall be permitted to observe
this process at all times. No persons except those employed and
authorized for the purpose shall touch any ballot, ballot box, return,
or equipment.
The computer operator shall be designated by the election authority
and shall be sworn as a deputy of the election authority. In conducting
the vote tabulation and canvass, the computer operator must maintain a
log which shall include the following information:
(1) alterations made to programs associated with the vote
counting process;
(2) if applicable, console messages relating to the program
and the respective responses made by the operator;
(3) the starting time for each precinct counted, the number
of ballots counted for each precinct, any equipment problems and,
insofar as practicable, the number of invalid security designations
encountered during that count; and
(4) changes and repairs made to the equipment during the vote
tabulation and canvass.
The computer operator's log and canvass shall be available for
public inspection in the office of the election authority for a period
of 60 days following the proclamation of election results. A copy of
the computer operator's log and the canvass shall be transmitted to the
State Board of Elections upon its request and at its expense.
(10 ILCS 5/24C-15 new)
Sec. 24C-15. Official return of precinct; check of totals; audit.
The precinct return printed by the Direct Recording Electronic Voting
System tabulating equipment shall include the number of ballots cast
and votes cast for each candidate and public question and shall
constitute the official return of each precinct. In those election
jurisdictions that choose to count absent voter's ballots in the office
of the election authority, absentee ballots may be tabulated with or
without a precinct designation. In addition to the precinct return,
the election authority shall provide the number of applications for
ballots in each precinct, the total number of ballots counted in each
precinct for each political subdivision and district, and the number of
registered voters in each precinct. The election authority shall check
the totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any precinct,
shall have the ballots for that precinct audited to correct the return.
The procedures for this audit shall apply prior to and after the
proclamation is completed; however, after the proclamation of results,
the election authority must obtain a court order to unseal voted
ballots except for election contests and discovery recounts. The
certificate of results, that has been prepared and signed by the judges
of election in the polling place after the ballots have been tabulated,
shall be the document used for the canvass of votes for the precinct.
Whenever a discrepancy exists during the canvass of votes between the
unofficial results and the certificate of results, or whenever a
discrepancy exists during the canvass of votes between the certificate
of results and the set of totals reflected on the certificate of
results, the ballots for that precinct shall be audited to correct the
return.
53 [April 7, 2000]
Prior to the proclamation, the election authority shall test the
voting devices and equipment in 5% of the precincts within the election
jurisdiction. The precincts to be tested shall be selected after
election day on a random basis by the election authority, so that every
precinct in the election jurisdiction has an equal mathematical chance
of being selected. The State Board of Elections shall design a
standard and scientific random method of selecting the precincts that
are to be tested, and the election authority shall be required to use
that method. The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the chairman of the county
central committee of each established political party, and qualified
civic organizations shall be given prior written notice of the time and
place of the random selection procedure and may be represented at the
procedure.
The test shall be conducted by entering a preaudited group of
ballots marked to record a predetermined number of valid votes for each
candidate and on each public question, and shall include for each
office one or more ballots that have votes in excess of the number
allowed by law to test the ability of the equipment to reject those
votes. If any error is detected, the cause shall be determined and
corrected, and an errorless count shall be made prior to the official
canvass and proclamation of election results.
The State Board of Elections, the State's Attorney and other
appropriate law enforcement agencies, the chairman of the county
central committee of each established political party, and qualified
civic organizations shall be given prior written notice of the time and
place of the test and may be represented at the test.
The results of this post-election test shall be treated in the same
manner and have the same effect as the results of the discovery
procedures set forth in Section 22-9.1 of this Code. Upon completion
of the test, the election authority shall print a report showing the
results of the test and any errors encountered and the report shall be
made available for public inspection.
(10 ILCS 5/24C-15.01 new)
Sec. 24C-15.01. Transporting ballots to central counting station;
container. Upon completion of the tabulation, audit, or test of voting
equipment pursuant to Sections 24C-11 through 24C-15, the voting
equipment and ballots from each precinct shall be replaced in the
container in which they were transported to the central counting
station. If the container is not a type that may be securely locked,
then each container, before being transferred from the counting station
to storage, shall be sealed with filament tape wrapped around the
container lengthwise and crosswise, at least twice each way, and in a
manner that the equipment and ballots cannot be removed from the
container without breaking the tape.
(10 ILCS 5/24C-15.1 new)
Sec. 24B-15.1. Discovery recounts and election contests. Discovery
recounts and election contests shall be conducted as otherwise provided
for in this Code. The Direct Recording Electronic Voting System
equipment shall be tested prior to the discovery recount or election
contest as provided in Section 24C-9 and then the official ballots
shall be audited.
Any person who has filed a petition for discovery recount may
request that a redundant count be conducted in those precincts in which
the discovery recount is being conducted. The additional costs of a
redundant count shall be borne by the requesting party.
The log of the computer operator and all materials retained by the
election authority in relation to vote tabulation and canvass shall be
made available for any discovery recount or election contest.
(10 ILCS 5/24C-16 new)
Sec. 24C-16. Approval of Direct Recording Electronic Voting
Systems; requisites. The State Board of Elections shall approve all
Direct Recording Electronic Voting Systems provided by this Article.
No Direct Recording Electronic Voting System shall be approved
unless it fulfills the following requirements:
(1) It enables a voter to vote in absolute secrecy, except in
[April 7, 2000] 54
the case of voters who receive assistance as provided in this Code.
(2) It enables each voter to vote at an election for all
persons and offices for whom and for which the voter is lawfully
entitled to vote, to vote for as many persons for an office as the
voter is entitled to vote for, and to vote for or against any
public question upon which the voter is entitled to vote, but no
other.
(3) It will detect and reject all votes for an office or upon
a public question when the voter has cast more votes for the office
or upon the public question than he or she is entitled to cast;
provided, however, that it will inform a voter that the voter's
choices as recorded on the ballot for an office or public question
exceeds the number that the voter is entitled to vote for on that
office or public question and will offer the voter an opportunity
to correct the error before rejecting the choices recorded on the
voter's ballot.
(4) It will enable each voter in primary elections to vote
only for the candidates of the political party with which he or she
had declared affiliation and preclude the voter from voting for any
candidate of any other political party.
(5) It enables a voter to vote a split ticket selected in
part from the nominees of one party, in part from the nominees of
any or all parties, in part from independent candidates, and in
part of candidates whose names are written in by the voter.
(6) It enables a voter, at a Presidential election, by a
single selection to vote for the candidates of a political party
for Presidential electors.
(7) It will prevent anyone voting for the same person more
than once for the same office.
(8) It will record and count accurately each vote properly
cast for or against any candidate and for or against any public
question, including the names of all candidates whose names are
written in by the voters.
(9) It will be capable of merging the vote tabulation results
produced by other vote tabulation systems, if necessary.
(10) It will provide a means for sealing and resealing the
vote recording devices to prevent their unauthorized use and to
prevent tampering with ballot labels.
(11) It will be suitably designed for the purpose used, be
durably constructed, and be designed for safety, accuracy, and
efficiency.
(12) It will be designed to accommodate the needs of elderly,
handicapped, and disabled voters.
(13) It will enable a voter to vote for a person whose name
does not appear on the ballot.
(14) It will be designed to ensure that vote recording
devices or electronic tabulating equipment that count votes at the
precinct will not be capable of reporting vote totals before the
close of the polls.
(15) It will provide an audit trail.
The State Board of Elections is authorized to withdraw its approval
of a Direct Recording Electronic Voting System if the system fails to
fulfill the above requirements.
No vendor, person, or other entity may sell, lease, or loan a
Direct Recording Electronic Voting System or system component to any
election jurisdiction unless the system or system component is first
approved by the State Board of Elections pursuant to this Section.
(10 ILCS 5/24C-17 new)
Sec. 24C-17. Rules; number of voting booths. The State Board of
Elections may make reasonable rules for the administration of this
Article and may prescribe the number of voting booths required for the
various types of voting systems.
(10 ILCS 5/24C-18 new)
Sec. 24C-18. Specimen ballots; publication. When a Direct
Recording Electronic Voting System is used, the election authority
shall cause to be published, at least 5 days before the day of each
55 [April 7, 2000]
general and general primary election, in 2 or more newspapers published
in and having a general circulation in the county, a true and legible
copy of the specimen ballot containing the names of offices,
candidates, and public questions to be voted on, as near as may be, in
the form in which they will appear on the official ballot on election
day. A true legible copy may be in the form of an actual size ballot
and shall be published as required by this Section if distributed in 2
or more newspapers published and having a general circulation in the
county as an insert. For each election prescribed in Article 2A of
this Code, specimen ballots shall be made available for public
distribution and shall be supplied to the judges of election for
posting in the polling place on the day of election. Notice for the
consolidated primary and consolidated elections shall be given as
provided in Article 12.
(10 ILCS 5/24C-19 new)
Sec. 24C-19. Additional method of voting. This Article shall be
deemed to provide a method of voting in addition to the methods
otherwise provided in this Code.
(10 ILCS 5/24C-20 new)
Sec. 24C-20. Voting defect identification capabilities. An
election authority is required to use the voting defect identification
capabilities of the automatic tabulating equipment.".
AMENDMENT NO. 4. Amend House Bill 1841, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing Sections
7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 7-66, 15-6, 16-11,
17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7, 19-8, 19-9, 19-10, 19-12.2,
19-15, 20-2, 20-2.1, 20-2.2, 20-7, 20-8, 20-9, and 20-15 and by adding
Article 24C as follows:
(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
Sec. 7-19. Arrangement and printing of primary ballot. The
primary ballot of each political party for each precinct shall be
arranged and printed substantially in the manner following:
1. Designating words. At the top of the ballot shall be printed in
large capital letters, words designating the ballot, if a Republican
ballot, the designating words shall be: "REPUBLICAN PRIMARY BALLOT"; if
a Democratic ballot the designating words shall be: "DEMOCRATIC PRIMARY
BALLOT"; and in like manner for each political party.
2. Order of Names, Directions to Voters, etc. Beginning not less
than one inch below designating words, the name of each office to be
filled shall be printed in capital letters. Such names may be printed
on the ballot either in a single column or in 2 or more columns and in
the following order, to-wit:
President of the United States, State offices, congressional
offices, delegates and alternate delegates to be elected from the State
at large to National nominating conventions, delegates and alternate
delegates to be elected from congressional districts to National
nominating conventions, member or members of the State central
committee, trustees of sanitary districts, county offices, judicial
officers, city, village and incorporated town offices, town offices, or
of such of the said offices as candidates are to be nominated for at
such primary, and precinct, township or ward committeemen. If two or
more columns are used, the foregoing offices to and including member of
the State central committee shall be listed in the left-hand column and
Senatorial offices, as defined in Section 8-3, shall be the first
offices listed in the second column.
Below the name of each office shall be printed in small letters the
directions to voters: "Vote for one"; "Vote for two"; "Vote for three";
or a spelled number designating how many persons under that head are to
be voted for.
Next to the name of each candidate for delegate or alternate
delegate to a national nominating convention shall appear either (a)
the name of the candidate's preference for President of the United
States or the word "uncommitted" or (b) no official designation,
depending upon the action taken by the State central committee pursuant
[April 7, 2000] 56
to Section 7-10.3 of this Act.
Below the name of each office shall be printed in capital letters
the names of all candidates, arranged in the order in which their
petitions for nominations were filed, except as otherwise provided in
Sections 7-14 and 7-17 of this Article. Opposite and in front of the
name of each candidate shall be printed a square and all squares upon
the primary ballot shall be of uniform size. Spaces between the names
of candidates under each office shall be uniform and sufficient spaces
shall separate the names of candidates for one office from the names of
candidates for another office, to avoid confusion and to permit the
writing in of the names of other candidates.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article Section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: P.A. 83-33.)
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
Sec. 7-46. Voting of ballot; writing in names. On receiving from
the primary judges a primary ballot of his party, the primary elector
shall forthwith and without leaving the polling place, retire alone to
one of the voting booths and prepare such primary ballot by marking a
cross (X) in the square in front of and opposite the name of each
candidate of his choice for each office to be filled, and for delegates
and alternate delegates to national nominating conventions, and for
committeemen, if committeemen are being elected at such primary.
Any primary elector may, instead of voting for any candidate for
nomination or for committeeman or for delegate or alternate delegate to
national nominating conventions, whose name is printed on the primary
ballot, write in the name of any other person affiliated with such
party as a candidate for the nomination for any office, or for
committeeman, or for delegates or alternate delegates to national
nominating conventions, and indicate his choice of such candidate or
committeeman or delegate or alternate delegate, by placing to the left
of and opposite the name thus written a square and placing in the
square a cross (X).
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: Laws 1965, p. 2220.)
(10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
Sec. 7-47. Folding and delivery of ballot; entry in poll book.
Before leaving the booth, the primary elector shall fold his primary
ballot in such manner as to conceal the marks thereon. Such voter shall
then vote forthwith by handing the primary judge the primary ballot
received by such voter. Thereupon the primary judge shall deposit such
primary ballot in the ballot box. One of the judges shall thereupon
enter in the primary poll book the name of the primary elector, his
residence and his party affiliation or shall make the entries on the
official poll record as required by articles 4, 5 and 6, if any one of
them is applicable.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: Laws 1965, p. 2220.)
(10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
Sec. 7-49. No adjournment or recess after opening of polls. After
the opening of the polls at a primary no adjournment shall be had nor
recess taken until the canvass of all the votes is completed and the
returns carefully enveloped and sealed.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: Laws 1965, p. 2220.)
57 [April 7, 2000]
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52. Precinct canvass of votes. Immediately upon closing
the polls, the primary judges shall proceed to canvass the votes in the
manner following:
(1) They shall separate and count the ballots of each political
party.
(2) They shall then proceed to ascertain the number of names
entered on the applications for ballot under each party affiliation.
(3) If the primary ballots of any political party exceed the
number of applications for ballot by voters of such political party,
the primary ballots of such political party shall be folded and
replaced in the ballot box, the box closed, well shaken and again
opened and one of the primary judges, who shall be blindfolded, shall
draw out so many of the primary ballots of such political party as
shall be equal to such excess. Such excess ballots shall be marked
"Excess-Not Counted" and signed by a majority of the judges and shall
be placed in the "After 6:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section of the
Certificate of Results. "Excess" ballots shall not be counted in the
total of "defective" ballots;
(4) The primary judges shall then proceed to count the primary
ballots of each political party separately; and as the primary judges
shall open and read the primary ballots, 3 of the judges shall
carefully and correctly mark upon separate tally sheets the votes which
each candidate of the party whose name is written or printed on the
primary ballot has received, in a separate column for that purpose,
with the name of such candidate, the name of his political party and
the name of the office for which he is a candidate for nomination at
the head of such column.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: P.A. 80-484.)
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53. Tally sheets; certificate of results. As soon as the
ballots of a political party shall have been read and the votes of the
political party counted, as provided in the last above Section, the 3
judges in charge of the tally sheets shall foot up the tally sheets so
as to show the total number of votes cast for each candidate of the
political party and for each candidate for State Central committeeman
and precinct committeeman, township committeeman or ward committeeman,
and delegate and alternate delegate to National nominating conventions,
and certify the same to be correct. Thereupon, the primary judges shall
set down in a certificate of results on the tally sheet, under the name
of the political party, the name of each candidate voted for upon the
primary ballot, written at full length, the name of the office for
which he is a candidate for nomination or for committeeman, or delegate
or alternate delegate to National nominating conventions, the total
number of votes which the candidate received, and they shall also set
down the total number of ballots voted by the primary electors of the
political party in the precinct. The certificate of results shall be
made substantially in the following form:
................ Party
At the primary election held in the .... precinct of the (1)
*township of ...., or (2) *City of ...., or (3) *.... ward in the city
of .... on (insert date), the primary electors of the .... party voted
.... ballots, and the respective candidates whose names were written or
printed on the primary ballot of the .... party, received respectively
the following votes:
Name of No. of
Candidate, Title of Office, Votes
John Jones Governor 100
Sam Smith Governor 70
Frank Martin Attorney General 150
William Preston Rep. in Congress 200
[April 7, 2000] 58
Frederick John Circuit Judge 50
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and correct.
Dated (insert date).
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article Section may be modified as required or authorized by Article
24, and Article 24A, or Article 24C, whichever is applicable.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
Sec. 7-54. Binding and sealing ballots; report of results. After
the votes of a political party have been counted and set down and the
tally sheets footed and the entry made in the primary poll books or
return, as above provided, all the primary ballots of said political
party, except those marked "defective" or "objected to" shall be
securely bound, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds separately for each political
party in the order in which said primary ballots have been read, and
shall thereupon be carefully sealed in an envelope, which envelope
shall be endorsed as follows:
"Primary ballots of the.... party of the.... precinct of the county
of.... and State of Illinois."
Below each endorsement, each primary judge shall write his name.
Immediately thereafter the judges shall designate one of their
number to go to the nearest telephone and report to the office of the
county clerk or board of election commissioners (as the case may be)
the results of such primary. Such clerk or board shall keep his or its
office open after the close of the polls until he or it has received
from each precinct under his or its jurisdiction the report above
provided for. Immediately upon receiving such report such clerk or
board shall cause the same to be posted in a public place in his or its
office for inspection by the public. Immediately after making such
report such judge shall return to the polling place.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, or Article 24A, or Article 24C, whichever is applicable.
(Source: P.A. 81-1433.)
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
Sec. 7-55. Delivery and acceptance of election materials. The
primary poll books or the official poll record, and the tally sheets
with the certificates of the primary judges written thereon, together
with the envelopes containing the ballots, including the envelope
containing the ballots marked "defective" or "objected to", shall be
carefully enveloped and sealed up together, properly endorsed, and the
primary judges shall elect 2 judges (one from each of the major
political parties), who shall immediately deliver the same to the clerk
from whom the primary ballots were obtained, which clerk shall safely
keep the same for 2 months, and thereafter shall safely keep the poll
books until the next primary. Each election authority shall keep the
office of the election authority, or any receiving stations designated
by such authority, open for at least 12 consecutive hours after the
polls close, or until the judges of each precinct under the
jurisdiction of the election authority have delivered to the election
59 [April 7, 2000]
authority all the above materials sealed up together and properly
endorsed as provided herein. Materials delivered to the election
authority which are not in the condition required by this Section shall
not be accepted by the election authority until the judges delivering
the same make and sign the necessary corrections. Upon acceptance of
the materials by the election authority, the judges delivering the same
shall take a receipt signed by the election authority and stamped with
the time and date of such delivery. The election judges whose duty it
is to deliver any materials as above provided shall, in the event such
materials cannot be found when needed, on proper request, produce the
receipt which they are to take as above provided.
The county clerk or board of election commissioners shall deliver a
copy of each tally sheet to the county chairmen of the two largest
political parties.
Where voting machines, or electronic voting systems, or Direct
Recording Electronic Voting Systems are used, the provisions of this
Article section may be modified as required or authorized by Article
24, and Article 24A, or Article 24C, whichever is applicable.
(Source: P.A. 83-764.)
(10 ILCS 5/7-66)
Sec. 7-66. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 7, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/15-6)
Sec. 15-6. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 15, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/16-11)
Sec. 16-11. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 16, the provisions of Article 24B or Article 24C, as the case
[April 7, 2000] 60
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
Sec. 17-9. Any person desiring to vote shall give his name and, if
required to do so, his residence to the judges of election, one of whom
shall thereupon announce the same in a loud and distinct tone of voice,
clear, and audible; the judges of elections shall check each
application for ballot against the list of voters registered in that
precinct to whom absentee ballots have been issued for that election,
which shall be provided by the election authority and which list shall
be available for inspection by pollwatchers. A voter applying to vote
in the precinct on election day whose name appears on the list as
having been issued an absentee ballot shall not be permitted to vote in
the precinct unless that voter submits to the judges of election, for
cancellation or revocation, his absentee ballot. In the case that the
voter's absentee ballot is not present in the polling place, it shall
be sufficient for any such voter to submit to the judges of election in
lieu of his absentee ballot, either a portion of such ballot if torn or
mutilated, or an affidavit executed before the judges of election
specifying that the voter never received an absentee ballot, or an
affidavit executed before the judges of election specifying that the
voter desires to cancel or revoke any absentee ballot that may have
been cast in the voter's name. All applicable provisions of Articles 4,
5 or 6 shall be complied with and if such name is found on the register
of voters by the officer having charge thereof, he shall likewise
repeat said name, and the voter shall be allowed to enter within the
proximity of the voting booths, as above provided. One of the judges
shall give the voter one, and only one of each ballot to be voted at
the election, on the back of which ballots such judge shall indorse his
initials in such manner that they may be seen when each such ballot is
properly folded, and the voter's name shall be immediately checked on
the register list. In those election jurisdictions where perforated
ballot cards are utilized of the type on which write-in votes can be
cast above the perforation, the election authority shall provide a
space both above and below the perforation for the judge's initials,
and the judge shall endorse his or her initials in both spaces.
Whenever a proposal for a constitutional amendment or for the calling
of a constitutional convention is to be voted upon at the election, the
separate blue ballot or ballots pertaining thereto shall, when being
handed to the voter, be placed on top of the other ballots to be voted
at the election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be plainly
visible to the voter. At all elections, when a registry may be
required, if the name of any person so desiring to vote at such
election is not found on the register of voters, he or she shall not
receive a ballot until he or she shall have complied with the law
prescribing the manner and conditions of voting by unregistered voters.
If any person desiring to vote at any election shall be challenged, he
or she shall not receive a ballot until he or she shall have
established his right to vote in the manner provided hereinafter; and
if he or she shall be challenged after he has received his ballot, he
shall not be permitted to vote until he or she has fully complied with
such requirements of the law upon being challenged. Besides the
election officer, not more than 2 voters in excess of the whole number
of voting booths provided shall be allowed within the proximity of the
voting booths at one time. The provisions of this Act, so far as they
require the registration of voters as a condition to their being
allowed to vote shall not apply to persons otherwise entitled to vote,
61 [April 7, 2000]
who are, at the time of the election, or at any time within 60 days
prior to such election have been engaged in the military or naval
service of the United States, and who appear personally at the polling
place on election day and produce to the judges of election
satisfactory evidence thereof, but such persons, if otherwise qualified
to vote, shall be permitted to vote at such election without previous
registration.
All such persons shall also make an affidavit which shall be in
substantially the following form:
State of Illinois,)
) ss.
County of ........)
............... Precinct .......... Ward
I, ...., do solemnly swear (or affirm) that I am a citizen of the
United States, of the age of 18 years or over, and that within the past
60 days prior to the date of this election at which I am applying to
vote, I have been engaged in the .... (military or naval) service of
the United States; and I am qualified to vote under and by virtue of
the Constitution and laws of the State of Illinois, and that I am a
legally qualified voter of this precinct and ward except that I have,
because of such service, been unable to register as a voter; that I now
reside at .... (insert street and number, if any) in this precinct and
ward; that I have maintained a legal residence in this precinct and
ward for 30 days and in this State 30 days next preceding this
election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
The affidavit of any such person shall be supported by the
affidavit of a resident and qualified voter of any such precinct and
ward, which affidavit shall be in substantially the following form:
State of Illinois,)
) ss.
County of ........)
........... Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a resident of
this precinct and ward and entitled to vote at this election; that I am
acquainted with .... (name of the applicant); that I verily believe him
to be an actual bona fide resident of this precinct and ward and that I
verily believe that he or she has maintained a legal residence therein
30 days and in this State 30 days next preceding this election.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Judge of Election.
All affidavits made under the provisions of this Section shall be
enclosed in a separate envelope securely sealed, and shall be
transmitted with the returns of the elections to the county clerk or to
the board of election commissioners, who shall preserve the said
affidavits for the period of 6 months, during which period such
affidavits shall be deemed public records and shall be freely open to
examination as such.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/17-43)
Sec. 17-43. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 17, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
[April 7, 2000] 62
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Questioning of person desiring to vote; receipt of
ballots. Any person desiring to vote and whose name is found upon
the register of voters by the person having charge thereof, shall then
be questioned by one of the judges as to his nativity, his term of
residence at present address, precinct, State and United States, his
age, whether naturalized and if so the date of naturalization papers
and court from which secured, and he shall be asked to state his
residence when last previously registered and the date of the election
for which he then registered. The judges of elections shall check each
application for ballot against the list of voters registered in that
precinct to whom absentee ballots have been issued for that election,
which shall be provided by the election authority and which list shall
be available for inspection by pollwatchers. A voter applying to vote
in the precinct on election day whose name appears on the list as
having been issued an absentee ballot shall not be permitted to vote in
the precinct unless that voter submits to the judges of election, for
cancellation or revocation, his absentee ballot. In the case that the
voter's absentee ballot is not present in the polling place, it shall
be sufficient for any such voter to submit to the judges of election in
lieu of his absentee ballot, either a portion of such ballot if torn or
mutilated, or an affidavit executed before the judges of election
specifying that the voter never received an absentee ballot, or an
affidavit executed before the judges of election specifying that the
voter desires to cancel or revoke any absentee ballot that may have
been cast in the voter's name. If such person so registered shall be
challenged as disqualified, the party challenging shall assign his
reasons therefor, and thereupon one of the judges shall administer to
him an oath to answer questions, and if he shall take the oath he shall
then be questioned by the judge or judges touching such cause of
challenge, and touching any other cause of disqualification. And he may
also be questioned by the person challenging him in regard to his
qualifications and identity. But if a majority of the judges are of the
opinion that he is the person so registered and a qualified voter, his
vote shall then be received accordingly. But if his vote be rejected by
such judges, such person may afterward produce and deliver an affidavit
to such judges, subscribed and sworn to by him before one of the
judges, in which it shall be stated how long he has resided in such
precinct, and state; that he is a citizen of the United States, and is
a duly qualified voter in such precinct, and that he is the identical
person so registered. In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of residence
by producing 2 forms of identification showing the person's current
residence address, provided that such identification to the person at
his current residence address and postmarked not earlier than 30 days
prior to the date of the election, or the person shall procure a
witness personally known to the judges of election, and resident in the
precinct (or district), or who shall be proved by some legal voter of
such precinct or district, known to the judges to be such, who shall
take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this
election precinct (or district), and entitled to vote at this election,
and that I have been a resident of this State for 30 days last past,
and am well acquainted with the person whose vote is now offered; that
he is an actual and bona fide resident of this election precinct (or
district), and has resided herein 30 days, and as I verily believe, in
this State, 30 days next preceding this election.
The oath in each case may be administered by one of the judges of
election, or by any officer, resident in the precinct or district,
63 [April 7, 2000]
authorized by law to administer oaths. Also supported by an affidavit
by a registered voter residing in such precinct, stating his own
residence, and that he knows such person; and that he does reside at
the place mentioned and has resided in such precinct and state for the
length of time as stated by such person, which shall be subscribed and
sworn to in the same way. Whereupon the vote of such person shall be
received, and entered as other votes. But such judges, having charge of
such registers, shall state in their respective books the facts in such
case, and the affidavits, so delivered to the judges, shall be
preserved and returned to the office of the commissioners of election.
Blank affidavits of the character aforesaid shall be sent out to the
judges of all the precincts, and the judges of election shall furnish
the same on demand and administer the oaths without criticism. Such
oaths, if administered by any other officer than such judge of
election, shall not be received. Whenever a proposal for a
constitutional amendment or for the calling of a constitutional
convention is to be voted upon at the election, the separate blue
ballot or ballots pertaining thereto shall be placed on top of the
other ballots to be voted at the election in such manner that the
legend appearing on the back thereof, as prescribed in Section 16-6 of
this Act, shall be plainly visible to the voter, and in this fashion
the ballots shall be handed to the voter by the judge.
The voter shall, upon quitting the voting booth, deliver to one of
the judges of election all of the ballots, properly folded, which he
received. The judge of election to whom the voter delivers his ballots
shall not accept the same unless all of the ballots given to the voter
are returned by him. If a voter delivers less than all of the ballots
given to him, the judge to whom the same are offered shall advise him
in a voice clearly audible to the other judges of election that the
voter must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the voter is not
required to vote such remaining ballots but that whether or not he
votes them he must fold and deliver them to the judge. In making such
statement the judge of election shall not indicate by word, gesture or
intonation of voice that the unreturned ballots shall be voted in any
particular manner. No new voter shall be permitted to enter the voting
booth of a voter who has failed to deliver the total number of ballots
received by him until such voter has returned to the voting booth
pursuant to the judge's request and again quit the booth with all of
the ballots required to be returned by him. Upon receipt of all such
ballots the judges of election shall enter the name of the voter, and
his number, as above provided in this section, and the judge to whom
the ballots are delivered shall immediately put the ballots into the
ballot box. If any voter who has failed to deliver all the ballots
received by him refuses to return to the voting booth after being
advised by the judge of election as herein provided, the judge shall
inform the other judges of such refusal, and thereupon the ballot or
ballots returned to the judge shall be deposited in the ballot box, the
voter shall be permitted to depart from the polling place, and a new
voter shall be permitted to enter the voting booth.
The judge of election who receives the ballot or ballots from the
voter shall announce the residence and name of such voter in a loud
voice. The judge shall put the ballot or ballots received from the
voter into the ballot box in the presence of the voter and the judges
of election, and in plain view of the public. The judges having charge
of such registers shall then, in a column prepared thereon, in the same
line of, the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than the full
number of ballots received by such voter without first advising the
voter in the manner above provided of the necessity of returning all of
the ballots, nor shall any such judge advise such voter in a manner
contrary to that which is herein permitted, or in any other manner
violate the provisions of this section; provided, that the acceptance
by a judge of election of less than the full number of ballots
delivered to a voter who refuses to return to the voting booth after
being properly advised by such judge shall not be a violation of this
[April 7, 2000] 64
Section.
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/18-40)
Sec. 18-40. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C, and the provisions of those Articles the
Article are in conflict with the provisions of this Article 18, the
provisions of Article 24B or Article 24C, as the case may be, shall
govern the procedures followed by the election authority, its judges of
elections, and all employees and agents. In following the provisions
of Article 24B or Article 24C, the election authority is authorized to
develop and implement procedures to fully utilize Precinct Tabulation
Optical Scan Technology voting equipment or Direct Recording Electronic
Voting Systems equipment authorized by the State Board of Elections as
long as the procedure is not in conflict with either Article 24B,
Article 24C, or the administrative rules of the State Board of
Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. At the consolidated primary, general primary,
consolidated, and general elections, electors entitled to vote by
absentee ballot under the provisions of Section 19-1 may vote in person
at the office of the municipal clerk, if the elector is a resident of a
municipality not having a board of election commissioners, or at the
office of the township clerk or, in counties not under township
organization, at the office of the road district clerk if the elector
is not a resident of a municipality; provided, in each case that the
municipal, township or road district clerk, as the case may be, is
authorized to conduct in-person absentee voting pursuant to this
Section. Absentee voting in such municipal and township clerk's
offices under this Section shall be conducted from the 22nd day through
the day before the election.
Municipal and township clerks (or road district clerks) who have
regularly scheduled working hours at regularly designated offices other
than a place of residence and whose offices are open for business
during the same hours as the office of the election authority shall
conduct in-person absentee voting for said elections. Municipal and
township clerks (or road district clerks) who have no regularly
scheduled working hours but who have regularly designated offices other
than a place of residence shall conduct in-person absentee voting for
said elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00 a.m.
to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but
not during such hours as the office of the election authority is
closed, unless the clerk files a written waiver with the election
authority not later than July 1 of each year stating that he or she is
unable to conduct such voting and the reasons therefor. Such clerks who
conduct in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's office
is open. Municipal and township clerks (or road district clerks) who
have no regularly scheduled office hours and no regularly designated
offices other than a place of residence may not conduct in-person
absentee voting for said elections. The election authority may devise
alternative methods for in-person absentee voting before said elections
for those precincts located within the territorial area of a
municipality or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is not
entitled to conduct such voting. In addition, electors may vote by
absentee ballot under the provisions of Section 19-1 at the office of
the election authority having jurisdiction over their residence.
In conducting absentee voting under this Section, the respective
clerks shall not be required to verify the signature of the absentee
voter by comparison with the signature on the official registration
record card. However, the clerk shall reasonably ascertain the identity
65 [April 7, 2000]
of such applicant, shall verify that each such applicant is a
registered voter, and shall verify the precinct in which he or she is
registered and the proper ballots of the political subdivisions in
which the applicant resides and is entitled to vote, prior to providing
any absentee ballot to such applicant. The clerk shall verify the
applicant's registration and from the most recent poll list provided by
the county clerk, and if the applicant is not listed on that poll list
then by telephoning the office of the county clerk.
Absentee voting procedures in the office of the municipal, township
and road district clerks shall be subject to all of the applicable
provisions of this Article 19. Pollwatchers may be appointed to observe
in-person absentee voting procedures at the office of the municipal,
township or road district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed in the
same manner as provided in Sections 7-34 and 17-23, except each
candidate, political party or organization of citizens may appoint only
one pollwatcher for each location where in-person absentee voting is
conducted. Pollwatchers shall be residents of the county and possess
valid pollwatcher credentials. All requirements in this Article
applicable to election authorities shall apply to the respective local
clerks, except where inconsistent with this Section.
In election jurisdictions that deliver absentee ballots to the
polling place to be counted by the precinct judges on election day, the
sealed absentee ballots in their carrier envelope shall be delivered by
the respective clerks, or by the election authority on behalf of a
clerk if the clerk and the election authority agree, to the proper
polling place before the close of the polls on the day of the general
primary, consolidated primary, consolidated, or general election.
In election jurisdictions that have adopted a Direct Recording
Electronic Voting System under Article 24C and that count absentee
ballots in the office of the election authority on election day, the
sealed absentee ballots in their carrier envelope shall be delivered to
the office of the election authority by the respective clerks before
the close of the polls on the day of the general primary, consolidated
primary, consolidated, or general election.
Not more than 23 days before the nonpartisan, general and
consolidated elections, the county clerk shall make available to those
municipal, township and road district clerks conducting in-person
absentee voting within such county, a sufficient number of
applications, absentee ballots, envelopes, and printed voting
instruction slips for use by absentee voters in the offices of such
clerks. The respective clerks shall receipt for all ballots received,
shall return all unused or spoiled ballots to the county clerk on the
day of the election and shall strictly account for all ballots
received.
The ballots delivered to the respective clerks shall include
absentee ballots for each precinct in the municipality, township or
road district, or shall include such separate ballots for each
political subdivision conducting an election of officers or a
referendum on that election day as will permit any resident of the
municipality, township or road district to vote absentee in the office
of the proper clerk.
The clerks of all municipalities, townships and road districts may
distribute applications for absentee ballot for the use of voters who
wish to mail such applications to the appropriate election authority.
Such applications for absentee ballots shall be made on forms provided
by the election authority. Duplication of such forms by the municipal,
township or road district clerk is prohibited.
(Source: P.A. 91-210, eff. 1-1-00.)
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
Sec. 19-7. Upon receipt of such absent voter's ballot, the election
authority shall forthwith enclose the same unopened, together with the
application made by said absent voter in a large or carrier envelope
which shall be securely sealed and endorsed with the name and official
title of such officer and the words, "This envelope contains an absent
voter's ballot and must be opened on election day," together with the
[April 7, 2000] 66
number and description of the precinct in which said ballot is to be
voted, and such officer shall thereafter safely keep the same in his
office until counted by him as provided in this Article the next
section.
Except as provided in Article 24C, the election authority may
choose (i) to have the absentee ballots delivered before the closing of
the polls to their proper polling places for counting by the precinct
judges or (ii) to have the absentee ballots received after 12:00 noon
on election day or too late for delivery before the closing of the
polls on election day counted in the office of the election authority
by one or more panels of election judges appointed in the manner
provided for in this Code.
(Source: P.A. 81-155.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. In election jurisdictions that deliver absentee ballots
to the polling place to be counted by the precinct judges, the
provisions of this Section shall apply. In case
an absent voter's ballot is received by the election authority prior to
the delivery of the official ballots to the judges of election of the
precinct in which said elector resides, such ballot envelope and
application, sealed in the carrier envelope, shall be enclosed in such
package and therewith delivered to the judges of such precinct. In case
the official ballots for such precinct have been delivered to the
judges of election at the time of the receipt by the election authority
of such absent voter's ballot, such authority shall immediately enclose
said envelope containing the absent voter's ballot, together with his
application therefor, in a larger or carrier envelope which shall be
securely sealed and addressed on the face to the judges of election,
giving the name or number of precinct, street and number of polling
place, city or town in which such absent voter is a qualified elector,
and the words "This envelope contains an absent voter's ballot and must
be opened only on election day at the polls immediately after the polls
are closed," mailing the same, postage prepaid, to such judges of
election, or if more convenient, such officer may deliver such absent
voter's ballot to the judges of election in person or by duly deputized
agent, said officer to secure his receipt for delivery of such ballot
or ballots. Absent voters' ballots returned by absentee voters to the
election authority after the closing of the polls on an election day
shall be endorsed by the election authority receiving the same with the
day and hour of receipt and shall be safely kept unopened by such
election authority for the period of time required for the preservation
of ballots used at such election, and shall then, without being opened,
be destroyed in like manner as the used ballots of such election.
All absent voters' ballots received by the election authority after
12:00 noon on election day or too late for delivery to the proper
polling place before the closing of the polls on election day, and
Special Write-In Absentee Voter's Blank Ballots, except ballots
returned by mail postmarked after midnight preceding the opening of the
polls on election day, and all absent voters' ballots in election
jurisdictions that use voting systems authorized by Article 24C shall
be endorsed by the election authority receiving the same with the day
and hour of receipt and shall be counted in the office of the election
authority on the day of the election after 7:00 p.m. All absent
voters' ballots delivered in error to the wrong precinct polling place
shall be returned to the election authority and counted under this
provision; however, all absentee ballots received by the election
authority by the close of absentee voting in the office of the election
authority on the day preceding the day of election shall be delivered
to the proper precinct polling places in time to be counted by the
judges of election.
Such counting shall commence no later than 8:00 p.m. and shall be
conducted by a panel or panels of election judges appointed in the
manner provided by law. Such counting shall continue until all absent
voters' ballots received as aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and Articles
17 and 18 of this Code, shall apply to all absent voters' ballots
67 [April 7, 2000]
counted under this provision, including comparing the signature on the
ballot envelope with the signature of the voter on the permanent voter
registration record card taken from the master file; except that votes
shall be recorded by without regard to precinct designation, except for
precinct offices.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/19-9) (from Ch. 46, par. 19-9)
Sec. 19-9. At the close of the regular balloting and at the close
of the polls the judges of election of each voting precinct or the
panel or panels of judges in the office of the election authority, as
the case may be, shall proceed to cast the absent voter's ballot
separately, and as each absent voter's ballot is taken shall open the
outer or carrier envelope, announce the absent voter's name, and
compare the signature upon the application with the signature upon the
certification on the ballot envelope and the signature of the voter on
the permanent voter registration record card. In case the judges find
the certifications properly executed, that the signatures correspond,
that the applicant is a duly qualified elector in the precinct and the
applicant has not been present and voted within the county where he
represents himself to be a qualified elector on such election day, they
shall open the envelope containing the absent voter's ballot in such
manner as not to deface or destroy the certification thereon, or mark
or tear the ballots therein and take out the ballot or ballots therein
contained without unfolding or permitting the same to be unfolded or
examined, and having endorsed the ballot in like manner as other
ballots are required to be endorsed, shall deposit the same in the
proper ballot box or boxes and enter the absent voter's name in the
poll book the same as if he had been present and voted in person. The
judges shall place the absentee ballot certification envelopes in a
separate envelope as per the direction of the election authority. Such
envelope containing the absentee ballot certification envelopes shall
be returned to the election authority and preserved in like manner as
the official poll record.
In case such signatures do not correspond, or that the applicant is
not a duly qualified elector in such precinct or that the ballot
envelope is open or has been opened and resealed, or that said voter is
present and has voted within the county where he represents himself to
be a qualified elector on the day of such election at such election
such previously cast vote shall not be allowed, but without opening the
absent voter's envelope the judge of such election shall mark across
the face thereof, "Rejected", giving the reason therefor.
In case the ballot envelope contains more than one ballot of any
kind, said ballots shall not be counted, but shall be marked
"Rejected", giving the reason therefor.
The absent voters' envelopes and affidavits and the absent voters'
envelope with its contents unopened, when such absent vote is rejected
shall be retained and preserved in the manner as now provided for the
retention and preservation of official ballots rejected at such
election.
As applied to an absentee ballot of a permanently disabled voter
who has complied with Section 19-12.1, the word "certification" as used
in this Section shall be construed to refer to the unsworn statement
subscribed to by the voter pursuant to Section 19-12.1.
(Source: P.A. 87-1052.)
(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
Sec. 19-10. Pollwatchers may be appointed to observe in-person
absentee voting procedures at the office of the election authority as
well as at municipal, township or road district clerks' offices where
such absentee voting is conducted. Such pollwatchers shall qualify and
be appointed in the same manner as provided in Sections 7-34 and 17-23,
except each candidate, political party or organization of citizens may
appoint only one pollwatcher for each location where in-person absentee
voting is conducted. Pollwatchers shall be residents of the county and
possess valid pollwatcher credentials.
In the polling place on election day, pollwatchers shall be
permitted to be present during the casting of the absent voters'
[April 7, 2000] 68
ballots and the vote of any absent voter may be challenged for cause
the same as if he were present and voted in person, and the judges of
the election or a majority thereof shall have power and authority to
hear and determine the legality of such ballot; Provided, however, that
if a challenge to any absent voter's right to vote is sustained, notice
of the same must be given by the judges of election by mail addressed
to the voter's place of residence.
Where certain absent voters' ballots are counted on the day of the
election in the office of the election authority as provided in this
Article Section 19-8 of this Act, each political party, candidate and
qualified civic organization shall be entitled to have present one
pollwatcher for each panel of election judges therein assigned. Such
pollwatchers shall be subject to the same provisions as are provided
for pollwatchers in Sections 7-34 and 17-23 of this Code, and shall be
permitted to observe the election judges making the signature
comparison between that which is on the absentee ballot application
and that which is on the ballot envelope and that which is on the
permanent voter registration record card taken from the master file.
(Source: P.A. 86-875.)
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
Sec. 19-12.2. Voting by physically incapacitated electors who have
made proper application to the election authority not later than 5 days
before the regular primary and general election of 1980 and before each
election thereafter shall be conducted on the premises of facilities
licensed or certified pursuant to the Nursing Home Care Act for the
sole benefit of residents of such facilities. Such voting shall be
conducted during any continuous period sufficient to allow all
applicants to cast their ballots between the hours of 9 a.m. and 7 p.m.
either on the Friday, Saturday, Sunday or Monday immediately preceding
the regular election. This absentee voting on one of said days
designated by the election authority shall be supervised by two
election judges who must be selected by the election authority in the
following order of priority: (1) from the panel of judges appointed for
the precinct in which such facility is located, or from a panel of
judges appointed for any other precinct within the jurisdiction of the
election authority in the same ward or township, as the case may be, in
which the facility is located or, only in the case where a judge or
judges from the precinct, township or ward are unavailable to serve,
(3) from a panel of judges appointed for any other precinct within the
jurisdiction of the election authority. The two judges shall be from
different political parties. Not less than 30 days before each regular
election, the election authority shall have arranged with the chief
administrative officer of each facility in his or its election
jurisdiction a mutually convenient time period on the Friday, Saturday,
Sunday or Monday immediately preceding the election for such voting on
the premises of the facility and shall post in a prominent place in his
or its office a notice of the agreed day and time period for conducting
such voting at each facility; provided that the election authority
shall not later than noon on the Thursday before the election also post
the names and addresses of those facilities from which no applications
were received and in which no supervised absentee voting will be
conducted. All provisions of this Code applicable to pollwatchers
shall be applicable herein. To the maximum extent feasible, voting
booths or screens shall be provided to insure the privacy of the voter.
Voting procedures shall be as described in Article 17 of this Code,
except that ballots shall be treated as absentee ballots and shall not
be counted until the close of the polls on the following day. After the
last voter has concluded voting, the judges shall seal the ballots in
an envelope and affix their signatures across the flap of the envelope.
Immediately thereafter, the judges shall bring the sealed envelope to
the office of the election authority who shall preserve the ballots in
the office of the election authority in those jurisdictions that have
adopted a Direct Recording Electronic Voting System under Article 24C
and that count absentee ballots in the office of the election
authority or shall deliver the such ballots to the proper precinct
polling places prior to the closing of the polls on the day of election
69 [April 7, 2000]
in election jurisdictions that count absentee ballots in the polling
place. Provided, that in election jurisdictions that count absentee
ballots in the polling place the election authority may arrange for the
judges who conduct such voting on the Monday before the election to
deliver the sealed envelope directly to the proper precinct polling
place on the day of election and shall announce such procedure in the
30 day notice heretofore prescribed. The judges of election shall also
report to the election authority the name of any applicant in the
facility who, due to unforeseen circumstance or condition or because of
a religious holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff to
deliver the ballot to such applicant on the day of election. This
staff person shall follow the same procedures prescribed for judges
conducting absentee voting in such facilities; but shall return the
ballot to the proper precinct polling place before the polls close.
However, if the facility from which the application was made is also
used as a regular precinct polling place for that voter, voting
procedures heretofore prescribed may be implemented by 2 of the
election judges of opposite party affiliation assigned to that polling
place during the hours of voting on the day of the election. Judges of
election shall be compensated not less than $25.00 for conducting
absentee voting in such facilities.
Not less than 120 days before each regular election, the Department
of Public Health shall certify to the State Board of Elections a list
of the facilities licensed or certified pursuant to the Nursing Home
Care Act, and shall indicate the approved bed capacity and the name of
the chief administrative officer of each such facility, and the State
Board of Elections shall certify the same to the appropriate election
authority within 20 days thereafter.
(Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)
(10 ILCS 5/19-15)
Sec. 19-15. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C, and the provisions of those Articles the
Article are in conflict with the provisions of this Article 19, the
provisions of Article 24B or Article 24C, as the case may be, shall
govern the procedures followed by the election authority, its judges of
elections, and all employees and agents. In following the provisions
of Article 24B or Article 24C, the election authority is authorized to
develop and implement procedures to fully utilize Precinct Tabulation
Optical Scan Technology voting equipment or Direct Recording Electronic
Voting Systems equipment authorized by the State Board of Elections as
long as the procedure is not in conflict with either Article 24B,
Article 24C, or the administrative rules of the State Board of
Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
Sec. 20-2. Any member of the United States Service, otherwise
qualified to vote, who expects in the course of his duties to be absent
from the county in which he resides on the day of holding any election
may make application for an absentee ballot to the election authority
having jurisdiction over his precinct of residence on the official
postcard or on a form furnished by the election authority as prescribed
by Section 20-3 of this Article not less than 10 days before the
election. A request pursuant to this Section shall entitle the
applicant to an absentee ballot for every election in one calendar
year. The original application for ballot shall be kept in the office
of the election authority for one year as authorization to send a
ballot to the voter for each election to be held within that calendar
year. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot. No registration shall
be required in order to vote pursuant to this Section.
[April 7, 2000] 70
Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this Article and
not otherwise. Ballots voted under this Section must be returned to the
election authority in sufficient time for delivery (i) to the proper
precinct polling place before the closing of the polls on the day of
the election in jurisdictions that count absentee ballots in the
polling place or (ii) to the office of the election authority before
the closing of the polls in those jurisdictions that have adopted a
Direct Recording Electronic Voting System under Article 24C and that
count absentee ballots in the office of the election authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
Sec. 20-2.1. Citizens of the United States temporarily residing
outside the territorial limits of the United States who are not
registered but otherwise qualified to vote and who expect to be absent
from their county of residence during the periods of voter registration
provided for in Articles 4, 5 or 6 of this Code and on the day of
holding any election, may make simultaneous application to the election
authority having jurisdiction over their precinct of residence for an
absentee registration and absentee ballot not less than 30 days before
the election. Such application may be made on the official postcard or
on a form furnished by the election authority as prescribed by Section
20-3 of this Article. A request pursuant to this Section shall entitle
the applicant to an absentee ballot for every election in one calendar
year. The original application for ballot shall be kept in the office
of the election authority for one year as authorization to send a
ballot to the voter for each election to be held within that calendar
year. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot.
Registration shall be required in order to vote pursuant to this
Section. However, if the election authority receives one of such
applications after 30 days but not less than 10 days before a Federal
election, said applicant shall be sent a ballot containing the Federal
offices only and registration for that election shall be waived.
Ballots under this Section shall be mailed by the election
authority in the manner prescribed by Section 20-5 of this Article and
not otherwise.
Ballots under this Section must be returned to the election
authority in sufficient time for delivery (i) to the proper precinct
polling place before the closing of the polls on the day of the
election in those jurisdictions that count absentee ballots in the
polling place or (ii) to the office of the election authority before
the closing of the polls on election day in those jurisdictions that
have adopted a Direct Recording Electronic Voting System under Article
24C and that count absentee ballots in the office of the election
authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
Sec. 20-2.2. Any non-resident civilian citizen, otherwise
qualified to vote, may make application to the election authority
having jurisdiction over his precinct of former residence for an
absentee ballot containing the Federal offices only not less than 10
days before a Federal election. Such application may be made only on
the official postcard. A request pursuant to this Section shall entitle
the applicant to an absentee ballot for every election in one calendar
year at which Federal offices are filled. The original application for
ballot shall be kept in the office of the election authority for one
year as authorization to send a ballot to the voter for each election
to be held within that calendar year at which Federal offices are
filled. A certified copy of such application for ballot shall be sent
each election with the absentee ballot to the polling place to be used
in lieu of the original application for ballot. No registration shall
be required in order to vote pursuant to this Section. Ballots under
this Section shall be mailed by the election authority in the manner
prescribed by Section 20-5 of this Article and not otherwise. Ballots
71 [April 7, 2000]
under this Section must be returned to the election authority in
sufficient time for delivery (i) to the proper precinct polling place
before the closing of the polls on the day of the election in those
jurisdictions that count absentee ballots in the polling place or (ii)
to the office of the election authority before the closing of the polls
on election day in those jurisdictions that have adopted a Direct
Recording Electronic Voting System under Article 24C and that count
absentee ballots in the office of the election authority.
(Source: P.A. 86-875.)
(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
Sec. 20-7. Upon receipt of such absent voter's ballot, the officer
or officers above described shall forthwith enclose the same unopened,
together with the application made by said absent voter in a large or
carrier envelope which shall be securely sealed and endorsed with the
name and official title of such officer and the words, "This envelope
contains an absent voter's ballot and must be opened on election day,"
together with the number and description of the precinct in which said
ballot is to be voted, and such officer shall thereafter safely keep
the same in his office until counted by him as provided in this Article
the next section.
Except as provided in Article 24C, the election authority may
choose (i) to deliver the absentee ballots to the proper precinct
polling place before the close of the polls on the election day to be
counted by the precinct judges or (ii) to have the absentee ballots
received after 12:00 noon on election day or too late for delivery
before the closing of the polls on election day counted in the office
of the election authority by one or more panels of election judges
appointed in the manner provided for in this Code.
(Source: P.A. 81-155.)
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. (a) In election jurisdictions that count absentee
ballots in the polling place, this subsection shall apply.
In case any such ballot is received by the election authority
prior to the delivery of the official ballots to the judges of election
of the precinct in which said elector resides, such ballot envelope and
application, sealed in the carrier envelope, shall be enclosed in the
same package with the other official ballots and therewith delivered to
the judges of such precinct. In case the official ballots for such
precinct have been delivered to the judges of election at the time of
the receipt by the election authority of such absent voter's ballot, it
shall immediately enclose said envelope containing the absent voter's
ballot, together with his application therefor, in a larger or carrier
envelope which shall be securely sealed and addressed on the face to
the judges of election, giving the name or number of precinct, street
and number of polling place, city or town in which such absent voter is
a qualified elector, and the words, "This envelope contains an absent
voter's ballot and must be opened only on election day at the polls
immediately after the polls are closed," mailing the same, postage
prepaid, to such judges of election, or if more convenient he or it may
deliver such absent voter's ballot to the judges of election in person
or by duly deputized agent and secure his receipt for delivery of such
ballot or ballots. Absent voter's ballots postmarked after 11:59 p.m.
of the day immediately preceding the election returned to the election
authority too late to be delivered to the proper polling place before
the closing of the polls on the day of election shall be endorsed by
the person receiving the same with the day and hour of receipt and
shall be safely kept unopened by the election authority for the period
of time required for the preservation of ballots used at such election,
and shall then, without being opened, be destroyed in like manner as
the used ballots of such election.
(b) All absent voters' ballots received by the election authority
after 12:00 noon on election day or too late for delivery to the proper
polling place before the closing of the polls on election day, except
ballots returned by mail postmarked after midnight preceding the
opening of the polls on election day, and all absent voters' ballots in
election jurisdictions that use voting systems authorized by Article
[April 7, 2000] 72
24C shall be counted in the office of the election authority on the day
of the election after 7:00 p.m. All absent voters' ballots delivered in
error to the wrong precinct polling place shall be returned to the
election authority and counted under this provision.
Such counting shall commence no later than 8:00 p.m. and shall be
conducted by a panel or panels of election judges appointed in the
manner provided by law. Such counting shall continue until all absent
voters' ballots received as aforesaid have been counted.
The procedures set forth in Section 19-9 of this Act and Articles
17 and 18 of this Code, shall apply to all absent voters' ballots
counted under this provision; except that votes shall be recorded by
without regard to precinct designation.
Where certain absent voters' ballots are counted in the office of
the election authority as provided in this Section, each political
party, candidate and qualified civic organization shall be entitled to
have present one pollwatcher for each panel of election judges therein
assigned.
(Source: P.A. 84-861.)
(10 ILCS 5/20-9) (from Ch. 46, par. 20-9)
Sec. 20-9. At the close of the regular balloting and at the close
of the polls the judges of election of each voting precinct or the
panel or panels of judges in the office of the election authority, as
the case may be, shall proceed to cast the absent voter's ballot
separately, and as each absent voter's ballot is taken shall open the
outer or carrier envelope, announce the absent voter's name, and
compare the signature upon the application with the signature upon the
registration record card if the voter is registered or upon the
certification on the ballot envelope if there is no registration card.
In case the judges find the certifications properly executed, that the
signatures correspond, that the applicant is a duly qualified elector
in the precinct and the applicant has not been present and voted within
the county where he represents himself to be a qualified elector on
such election day, they shall open the envelope containing the absent
voter's ballot in such manner as not to deface or destroy the
certification thereon, or mark or tear the ballots therein and take out
the ballot or ballots therein contained without unfolding or permitting
the same to be unfolded or examined, and having endorsed or initialed
the ballot in like manner as other ballots are required to be endorsed,
shall deposit the same in the proper ballot box or boxes and mark the
voter's registration record card accordingly or file the application in
lieu thereof. The judges shall place the absentee ballot certification
envelopes in a separate envelope as per the direction of the election
authority. Such envelope containing the absentee ballot certification
envelopes shall be returned to the election authority and preserved in
like manner as the official poll record.
In case the signatures do not correspond, or that the applicant is
not a duly qualified elector in such precinct or that the ballot
envelope is open or has been opened and resealed (except for the
purpose of military censorship), or that said voter is present and has
voted within the county where he represents himself to be a qualified
elector on the day of such election at such election such previously
cast vote shall not be allowed, but without opening the absent voter's
envelope the judge of such election shall mark across the face thereof,
"Rejected", giving the reason therefor.
In case the ballot envelope contains duplicate ballots, said
ballots shall not be counted, but shall be marked "Rejected", giving
the reason therefor.
The absent voters' envelopes and certifications and the absent
voters' envelope with its contents unopened, when such absent vote is
rejected shall be retained and preserved in the manner as now provided
for the retention and preservation of official ballots rejected at such
election.
(Source: P.A. 87-1052.)
(10 ILCS 5/20-15)
Sec. 20-15. Precinct tabulation optical scan technology voting
equipment and direct recording electronic voting systems equipment.
73 [April 7, 2000]
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to Article
24B of this Code or Direct Recording Electronic Voting Systems
equipment under Article 24C of this Code, and the provisions of those
Articles the Article are in conflict with the provisions of this
Article 20, the provisions of Article 24B or Article 24C, as the case
may be, shall govern the procedures followed by the election authority,
its judges of elections, and all employees and agents. In following
the provisions of Article 24B or Article 24C, the election authority is
authorized to develop and implement procedures to fully utilize
Precinct Tabulation Optical Scan Technology voting equipment or Direct
Recording Electronic Voting Systems equipment authorized by the State
Board of Elections as long as the procedure is not in conflict with
either Article 24B, Article 24C, or the administrative rules of the
State Board of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
(10 ILCS 5/Art. 24C heading new)
ARTICLE 24C. DIRECT RECORDING
ELECTRONIC VOTING SYSTEMS
(10 ILCS 5/24C-1 new)
Sec. 24C-1. Purpose. The purpose of this Article is to authorize
the use of Direct Recording Electronic Voting Systems approved by the
State Board of Elections. In a Direct Recording Electronic Voting
System, voters cast votes by means of a ballot display provided with
mechanical or electro-optical devices that can be activated by the
voters to mark their choices for the candidates of their preference and
for or against public questions. The voting devices shall be capable of
instantaneously recording the votes, storing the votes, and tabulating
the votes at the precinct. This Article authorizes the use of Direct
Recording Electronic Voting Systems for in-precinct counting
applications, except that absentee ballots must be counted at the
office of the election authority.
(10 ILCS 5/24C-2 new)
Sec. 24C-2. Definitions. As used in this Article:
"Audit trail" means a continuous trail of evidence linking
individual transactions related to the vote count with the summary
record of vote totals, but that shall not allow for the identification
of the voter. It shall permit verification of the accuracy of the
count and detection and correction of problems and shall provide a
record of each step taken in: defining and producing ballots and
generating related software for specific elections; installing ballots
and software; testing system readiness; casting and tabulating ballots;
and producing reports of vote totals. The record shall incorporate
system status and error messages generated during election processing,
including a log of machine activities and routine and unusual
intervention by authorized and unauthorized individuals. Also part of
an election audit trail is the documentation of such items as ballots
delivered and collected, administrative procedures for system security,
pre-election testing of voting systems, and maintenance performed on
voting equipment.
"Ballot" means an electronic audio or video display or any other
medium used to record a voter's choices for the candidates of his or
her preference and for or against public questions.
"Ballot configuration" means the particular combination of
political subdivision or district ballots including, for each political
subdivision or district, the particular combination of offices,
candidate names, and public questions as they appear for each group of
voters who may cast the same ballot.
"Ballot image" means a corresponding representation in electronic
form of the mark or vote position of a ballot.
"Ballot label" or "ballot screen" means the display of material
containing the names of offices and candidates and public questions to
be voted on.
"Computer", "automatic and electronic tabulating equipment", or
"equipment" includes (i) apparatus necessary to automatically or
electronically examine and count votes as designated on ballots and
[April 7, 2000] 74
(ii) data processing machines that can be used for counting ballots and
tabulating results.
"Computer operator" means any person or persons designated by the
election authority to operate the automatic tabulating equipment during
any portion of the vote tallying process in an election, but shall not
include judges of election operating vote tabulating equipment in the
precinct.
"Computer program" or "program" means the set of operating
instructions for the automatic or electronic tabulating equipment that
examines, records, counts, tabulates, canvasses, and prints votes
recorded by a voter on a ballot.
"Direct recording electronic voting system", "voting system", or
"system" means the combination of equipment and programs that records
votes by means of a ballot display provided with mechanical or
electro-optical devices that can be activated by the voter, that
processes the data by means of a computer program, that records voting
data and ballot images in internal memory devices, and that produces a
tabulation of the voting data as hard copy or stored in a removable
memory device.
"Edit listing" means a computer generated listing of the names of
each candidate and public question as they appear in the program for
each precinct.
"In-precinct counting" means the recording and counting of ballots
on automatic or electronic tabulating equipment provided by the
election authority in the same precinct polling place in which those
ballots have been cast.
"Separate ballot" means a separate page or display screen of the
ballot that is clearly defined and distinguishable from other portions
of the ballot.
"Voting device" or "voting machine" means a Direct Recording Voting
System apparatus.
(10 ILCS 5/24C-3 new)
Sec. 24C-3. Adoption, experimentation, or abandonment of Direct
Recording Electronic Voting System; boundaries of precincts; notice.
Except as otherwise provided in Section 24C-20, any county board or
board of county commissioners, with respect to territory within its
jurisdiction, may adopt, experiment with, or abandon a Direct Recording
Electronic Voting System approved for use by the State Board of
Elections and may use the system in all or some of the precincts within
its jurisdiction, or in combination with punch cards, paper ballots, or
ballot sheets. In no case may a county board, board of county
commissioners, or board of election commissioners contract or arrange
for the purchase, lease, or loan of a Direct Recording Electronic
Voting System or system component without the approval of the State
Board of Elections as provided by Section 24C-16. The county board and
board of county commissioners of each county having a population of
40,000 or more, with respect to all elections for which an election
authority is charged with the duty of providing materials and supplies,
must provide either a Direct Recording Electronic Voting System
approved for use by the State Board of Elections under this Article or
voting systems under Article 24, Article 24A, or Article 24B for each
precinct for all elections, except as provided in Section 24-1.2. For
purposes of this Section "population" does not include persons
prohibited from voting by Section 3-5 of this Code.
Before any Direct Recording Electronic Voting System is introduced,
adopted, or used in any precinct or territory, at least 2 months public
notice must be given before the date of the first election when the
system is to be used. The election authority shall publish the notice
at least once in one or more newspapers published within the county, or
other jurisdiction, where the election is held. If there is no such
newspaper, the notice shall be published in a newspaper published in
the county and having a general circulation within the jurisdiction.
The notice shall be substantially as follows:
"Notice is hereby given that on (give date), at (insert place where
election is held) in the county of (insert county) an election will be
held for (insert name of offices to be filled) at which a Direct
75 [April 7, 2000]
Recording Electronic Voting System will be used."
Dated at ... (insert date)"
This notice referred to shall be given only at the first election
at which the Direct Recording Electronic Voting System is used.
(10 ILCS 5/24C-3.1 new)
Sec. 24C-3.1. Retention, consolidation, or alteration of existing
precincts; change of location. When a Direct Recording Electronic
Voting System is used, the county board or board of election
commissioners may retain existing precincts or may consolidate,
combine, alter, decrease, or enlarge the boundaries of the precincts to
change the number of registered voters of the precincts using the
system, establishing the number of registered voters within each
precinct at a number not to exceed 800 as the appropriate county board
or board of election commissioners determines will afford adequate
voting facilities and efficient and economical elections.
Except in the event of a fire, flood, or total loss of heat in a
place fixed or established pursuant to law by any county board or board
of election commissioners as a polling place for an election, no
election authority shall change the location of a polling place
established for any precinct after notice of the place of holding the
election for that precinct has been given as required under Article 12,
unless the election authority notifies all registered voters in the
precinct of the change in location by first class mail in sufficient
time for the notice to be received by the registered voters in the
precinct at least one day prior to the date of the election.
(10 ILCS 5/24C-4 new)
Sec. 24C-4. Use of Direct Recording Electronic Voting System;
requisites; applicable procedure. Direct Recording Electronic Voting
Systems may be used in elections provided that the systems enable the
voter to cast a vote for all offices and on all public questions for
which he or she is entitled to vote, and that the systems are approved
for use by the State Board of Elections.
So far as applicable, the procedure provided for voting paper
ballots shall apply when Direct Recording Electronic Voting Systems are
used. The provisions of this Article 24C will govern when there are
conflicts.
(10 ILCS 5/24C-5 new)
Sec. 24C-5. Voting booths. In precincts where a Direct Recording
Electronic Voting System is used, a sufficient number of voting booths
shall be provided for the use of the system according to the
requirements determined by the State Board of Elections. Each booth
shall be placed so that the entrance to each booth faces a wall in a
manner that no judge of election or pollwatcher is able to observe a
voter casting a ballot.
(10 ILCS 5/24C-5.1 new)
Sec. 24C-5.1. Instruction of voters. Before entering the voting
booth each voter shall be offered instruction in using the Direct
Recording Electronic Voting System. In instructing voters, no election
judge may show partiality to any political party or candidate. The
duties of instruction shall be discharged by a judge from each of the
political parties represented and they shall alternate serving as
instructor so that each judge shall serve a like time at those duties.
No instructions may be given after the voter has entered the voting
booth.
No election judge or person assisting a voter may in any manner
request, suggest, or seek to persuade or induce any voter to cast his
or her vote for any particular ticket, candidate, amendment, question,
or proposition. All instructions shall be given by election judges in
a manner that it may be observed by other persons in the polling place.
(10 ILCS 5/24C-5.2 new)
Sec. 24C-5.2. Demonstration of Direct Recording Electronic Voting
System; placement in public library. When a Direct Recording
Electronic Voting System is to be used in a forthcoming election, the
election authority may provide, for the purpose of instructing voters
in the election, one demonstrator Direct Recording Electronic Voting
System unit for placement in any public library within the political
[April 7, 2000] 76
subdivision where the election occurs. If the placement of a
demonstrator takes place it shall be made available at least 30 days
before the election.
(10 ILCS 5/24C-6 new)
Sec. 24C-6. Ballot information; arrangement; absentee ballots;
spoiled ballots. The ballot information shall, as far as practicable,
be in the order of arrangement provided for paper ballots, except that
the information may be in vertical or horizontal rows or on a number of
separate pages or display screens.
All public questions, including but not limited to public questions
calling for a constitutional convention, constitutional amendment, or
judicial retention, shall be placed on the ballot separate and apart
from candidates. Ballots for all public questions shall be clearly
designated pursuant to administrative rule of the State Board of
Elections. More than one amendment to the constitution may be placed
on the same portion of the ballot screen. Constitutional convention or
constitutional amendment propositions shall precede all candidates and
other propositions and shall be placed on a separate portion of the
ballot and designated by borders or unique color screens, unless
otherwise provided by administrative rule of the State Board of
Elections. More than one public question may be placed on the same
portion of the ballot. Judicial retention propositions shall be placed
on a separate portion of the ballot designated pursuant to
administrative rule of the State Board of Elections. More than one
proposition for retention of judges in office may be placed on the same
portion of the ballot.
The party affiliation, if any, of each candidate or the word
"independent", where applicable, shall appear near or under the
candidate's name, and the names of candidates for the same office shall
be listed vertically under the title of that office. In the case of
nonpartisan elections for officers of political subdivisions, unless
the statute or an ordinance adopted pursuant to Article VII of the
Illinois Constitution requires otherwise, the listing of nonpartisan
candidates shall not include any party or "independent" designation. In
primary elections, a separate ballot, shall be used for each political
party holding a primary, with the ballot arranged to include names of
the candidates of the party and public questions and other propositions
to be voted upon on the day of the primary election.
If the ballot includes both candidates for office and public
questions or propositions to be voted on, the election official in
charge of the election shall divide the ballot in sections for
"Candidates" and "Public Questions", or separate ballots may be used.
Any voter who spoils his or her ballot or makes an error shall be
provided a means of correcting the ballot or obtaining a new ballot
prior to casting his or her ballot.
(10 ILCS 5/24C-6.1 new)
Sec. 24C-6.1. Security designation. In all elections conducted
under this Article, ballots shall have a security designation. In
precincts where more than one ballot configuration may be voted upon,
ballots shall have a different security designation for each ballot
configuration. If a precinct has only one possible ballot
configuration, the ballots must have a security designation to identify
the precinct and the election. Where ballots from more than one
precinct are being tabulated, the ballots from each precinct must be
clearly identified; official results shall not be generated unless the
precinct identification for any precinct corresponds. The Direct
Recording Electronic Voting System shall be designed to ensure that the
proper ballot is selected for each polling place and that the format
can be matched to the software or firmware required to interpret it
correctly. The system shall provide a means of programming each piece
of equipment to reflect the ballot requirements of the election and
shall include a means for validating the correctness of the program and
of the program's installation in the equipment or in a programmable
memory device.
(10 ILCS 5/24C-7 new)
Sec. 24C-7. Write-in ballots. Pursuant to administrative rule of
77 [April 7, 2000]
the State Board of Elections, a Direct Recording Electronic Voting
System shall provide an acceptable method for a voter to vote for a
person whose name does not appear on the ballot using the same Direct
Recording Electronic Voting System used to record votes for candidates
whose name do appear on the ballot.
(10 ILCS 5/24C-8 new)
Sec. 24C-8. Preparation for use; comparison of ballots; operational
checks of Direct Recording Electronic Voting Systems equipment;
pollwatchers. The election authority shall cause the approved Direct
Recording Electronic Voting System equipment to be delivered to the
polling places. Before the opening of the polls, all Direct Recording
Electronic Voting System devices shall provide a printed record of the
following, upon verification of the authenticity of the commands by a
judge of election: the election's identification data, the equipment's
unit identification, the ballot's format identification, the contents
of each active candidate register by office and of each active public
question register showing that they contain all zeros, all ballot
fields that can be used to invoke special voting options, and other
information needed to ensure the readiness of the equipment, and to
accommodate administrative reporting requirements.
The Direct Recording Electronic Voting System shall provide a means
for the election judges to open the polling place and ready the
equipment for the casting of ballots. Those means shall incorporate a
security seal, a password, or a data code recognition capability to
prevent inadvertent or unauthorized actuation of the poll-opening
function. If more than one step is required, it shall enforce their
execution in the proper sequence.
Pollwatchers, as provided by law, shall be permitted to closely
observe the judges in these procedures and to periodically inspect the
Direct Recording Electronic Voting System equipment when not in use by
the voters.
(10 ILCS 5/24C-9 new)
Sec. 24C-9. Testing of Direct Recording Electronic Voting System
equipment and programs; custody of programs, test materials, and
ballots. Prior to the public test, the election authority shall
conduct an errorless pre-test of the Direct Recording Electronic Voting
System equipment and programs to determine that they will correctly
detect voting defects and count the votes cast for all offices and all
public questions. On any day not less than 5 days prior to the
election day, the election authority shall publicly test the Direct
Recording Electronic Voting System equipment and programs to determine
that they will correctly count the votes cast for all offices and on
all public questions. Public notice of the time and place of the test
shall be given at least 48 hours before the test by publishing the
notice in one or more newspapers within the election jurisdiction of
the election authority, if a newspaper is published in that
jurisdiction. If a newspaper is not published in that jurisdiction,
notice shall be published in a newspaper of general circulation in that
jurisdiction. Timely written notice stating the date, time, and
location of the public test shall also be provided to the State Board
of Elections. The test shall be open to representatives of the
political parties, the press, representatives of the State Board of
Elections, and the public. The test shall be conducted by entering a
preaudited group of ballots marked to record a predetermined number of
valid votes for each candidate and on each public question, and shall
include for each office one or more ballots having votes exceeding the
number allowed by law to test the ability of the electronic tabulating
equipment to reject the votes. The test shall also include producing
an edit listing.
The State Board of Elections may select as many election
jurisdictions that the Board deems advisable in the interests of the
election process of this State to order a special test of the
electronic tabulating equipment and program before any regular
election. The Board may order a special test in any election
jurisdiction where, during the preceding 12 months, computer
programming errors or other errors in the use of the system resulted in
[April 7, 2000] 78
vote tabulation errors. Not less than 30 days before any election, the
State Board of Elections shall provide written notice to those selected
jurisdictions of its intent to conduct a test. Within 5 days of
receipt of the State Board of Elections' written notice of intent to
conduct a test, the selected jurisdictions shall forward to the
principal office of the State Board of Elections a copy of all specimen
ballots. The State Board of Elections' tests shall be conducted and
completed not less than 2 days before the public test using testing
materials supplied by the Board and under the supervision of the Board,
and the Board shall reimburse the election authority for the reasonable
cost of computer time required to conduct the special test. After an
errorless test, materials used in the public test, including the
program, if appropriate, shall be sealed and remain sealed until the
test is run again on election day. If any error is detected, the cause
of the error shall be determined and corrected, and an errorless public
test shall be made before the automatic tabulating equipment is
approved. Each election authority shall file a sealed copy of each
tested program to be used within its jurisdiction at an election with
the State Board of Elections before the election. The Board shall
secure the program or programs of each election jurisdiction so filed
in its office for the 60 days following the canvass and proclamation of
election results. At the expiration of that time, if no election
contest or appeal is pending in an election jurisdiction, the Board
shall return the sealed program or programs to the election authority
of the jurisdiction. After the completion of the count, the test shall
be re-run using the same program. Immediately after the re-run, all
material used in testing the program and the programs shall be sealed
and retained under the custody of the election authority for a period
of 60 days. At the expiration of that time the election authority
shall destroy the voted ballots, together with all unused ballots
returned from the precincts, provided, that if any contest of election
is pending at the time in which the ballots may be required as evidence
and the election authority has notice of the contest, the ballots shall
not be destroyed until after the contest is finally determined. If the
use of back-up equipment becomes necessary, the same testing required
for the original equipment shall be conducted.
(10 ILCS 5/24C-10 new)
Sec. 24C-10. Recording of votes by Direct Recording Electronic
Voting Systems. Whenever a Direct Recording Electronic Voting System is
used to electronically record and count the votes of ballots, the
provisions of this Section shall apply. A voter shall cast a proper
vote on a ballot pursuant to the instructions provided on the screen or
labels.
(10 ILCS 5/24C-11 new)
Sec. 24C-11. Functional requirements. The functional requirements
of a Direct Recording Electronic Voting System shall be specified by
the administrative rules of the State Board of Elections.
(10 ILCS 5/24C-12 new)
Sec. 24C-12. Procedures for counting and tallying of ballots. In an
election jurisdiction where a Direct Recording Electronic Voting System
is used, the procedures in this Section for counting and tallying the
ballots shall apply.
Before the opening of the polls, the judges of elections shall
assemble the voting equipment and devices and turn the equipment on.
The judges shall, if necessary, take steps to actuate the voting
devices and counting equipment by inserting into the equipment and
voting devices appropriate electronic media containing passwords and
data codes that will select the proper ballot formats for that polling
place and that will prevent inadvertent or unauthorized actuation of
the poll-opening function. Before voting begins and before ballots are
entered into the voting devices, the judges of election shall cause to
be printed a record of the following: (i) the election's identification
data, (ii) the device's unit identification, (iii) the ballot's format
identification, (iv) the contents of each active candidate register by
office and of each active public question register showing that they
contain all zeros, (v) all ballot fields that can be used to invoke
79 [April 7, 2000]
special voting options, and (vi) other information needed to ensure the
readiness of the equipment and to accommodate administrative reporting
requirements. The judges must also check to be sure that the totals
are all zeros in the counting columns and in the public counter affixed
to the voting devices.
After the judges have determined that a person is qualified to
vote, the judges shall enable a voting device to be used by the voter
and the proper ballot to which the voter is entitled shall be selected.
The ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a vote for
any candidate or for or against any public question. The voter shall be
able to vote for any and all candidates and public measures appearing
on the ballot in any legal number and combination and the voter shall
be able to delete or change his or her selections before the ballot is
cast. The voter shall be able to select candidates whose names do not
appear upon the ballot for any office by following the instructions
provided on the screen or labels as many names of candidates as the
voter is entitled to select for each office.
Upon completing his or her selection of candidates or public
questions, the voter shall signify that voting has been completed by
activating the appropriate button, switch, or active area of the ballot
screen associated with end of voting. Upon activation, the voting
system shall record an image of the completed ballot, shall increment
the proper ballot position registers, and shall signify to the voter
that the ballot has been cast. The voter shall exit the voting station
and the voting system shall prevent any further attempt to vote until
it has been re-activated by the judges of election. If the voter fails
to cast his or her ballot and leaves the polling place, 2 judges of
election, one from each of the 2 major political parties, shall spoil
the ballot.
Throughout the election day and before the closing of the polls, no
person may check any vote totals for any candidate or public question
on the voting or counting equipment.
The precinct judges of election shall check the public register to
determine whether the number of ballots counted by the voting equipment
agrees with the number of voters voting as shown by the applications
for ballot. If the same do not agree, the judges of election shall
immediately contact the offices of the election authority in charge of
the election for further instructions. If the number of ballots
counted by the voting equipment agrees with the number of voters voting
as shown by the application for ballot, the number shall be listed on
the "Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be tabulated
and 4 copies of a "Certificate of Results" shall be printed by the
electronic tabulating equipment. In addition, one copy shall be posted
in a conspicuous place inside the polling place and every effort shall
be made by the judges of election to provide a copy for each authorized
pollwatcher or other official authorized to be present in the polling
place to observe the counting of ballots. Additional copies shall be
made available to pollwatchers, but in no case shall there be fewer
than 4 chosen by lot by the judges of election. In addition,
sufficient time shall be provided by the judges of election to the
pollwatchers to allow them to copy information from the copy that has
been posted.
If instructed by the election authority, the judges of election
shall cause the tabulated returns to be transmitted electronically to
the offices of the election authority via modem or other electronic
medium.
The precinct judges of election shall select a bi-partisan team of
2 judges, who shall immediately return the ballots in a sealed
container, along with all other election materials and equipment as
instructed by the election authority; provided, however, that the
container must first be sealed by the election judges with filament
tape or other approved sealing devices provided for the purpose in a
manner that the ballots cannot be removed from the container without
breaking the seal or filament tape and disturbing any signatures
[April 7, 2000] 80
affixed by the election judges to the container. The election
authority shall keep the office of the election authority, or any
receiving stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots and
election material and equipment, as instructed by the election
authority, from all precincts within the jurisdiction of the election
authority have been returned to the election authority. Ballots and
election materials and equipment returned to the office of the election
authority that are not signed and sealed as required by law shall not
be accepted by the election authority until the judges returning the
ballots make and sign the necessary corrections. Upon acceptance of
the ballots and election materials and equipment by the election
authority, the judges returning the ballots shall take a receipt signed
by the election authority and stamped with the time and date of the
return. The election judges whose duty it is to return any ballots and
election materials and equipment as provided shall, in the event the
ballots, materials, or equipment cannot be found when needed, on proper
request, produce the receipt that they are to take as above provided.
(10 ILCS 5/24C-13 new)
Sec. 24C-13. Counting of absentee ballots. All jurisdictions
using Direct Recording Electronic Voting Systems shall count absentee
ballots at the office of the election authority. The provisions of
Sections 24A-9 and 24B-9 shall apply to the testing and notice
requirements for central count tabulation equipment, including
comparing the signature on the ballot envelope with the signature of
the voter on the permanent voter registration record card taken from
the master file; except that votes shall be recorded by precinct.
Any election authority using a direct recording electronic voting
system shall use voting systems approved for use under Articles 16,
24A, or 24B when conducting absentee voting. The absentee ballots shall
be examined and processed pursuant to Sections 19-9 and 20-9. The
results shall be recorded by precinct and shall become part of the
certificate of results.
(10 ILCS 5/24C-14 new)
Sec. 24C-14. Tabulating votes; direction; presence of public;
computer operator's log and canvass. The procedure for tabulating the
votes by the Direct Recording Electronic Voting System shall be under
the direction of the election authority and shall conform to the
requirements of the Direct Recording Electronic Voting System. During
any election-related activity using the Direct Recording Electronic
Voting System equipment, the election authority shall dedicate the
equipment to vote processing to ensure the security and integrity of
the system.
A reasonable number of pollwatchers shall be admitted to the
counting location. Persons may observe the tabulating process at the
discretion of the election authority; however, at least one
representative of each established political party and authorized
agents of the State Board of Elections shall be permitted to observe
this process at all times. No persons except those employed and
authorized for the purpose shall touch any ballot, ballot box, return,
or equipment.
The computer operator shall be designated by the election authority
and shall be sworn as a deputy of the election authority. In conducting
the vote tabulation and canvass, the computer operator must maintain a
log which shall include the following information:
(1) alterations made to programs associated with the vote
counting process;
(2) if applicable, console messages relating to the program
and the respective responses made by the operator;
(3) the starting time for each precinct counted, the number
of ballots counted for each precinct, any equipment problems and,
insofar as practicable, the number of invalid security designations
encountered during that count; and
(4) changes and repairs made to the equipment during the vote
tabulation and canvass.
The computer operator's log and canvass shall be available for
81 [April 7, 2000]
public inspection in the office of the election authority for a period
of 60 days following the proclamation of election results. A copy of
the computer operator's log and the canvass shall be transmitted to the
State Board of Elections upon its request and at its expense.
(10 ILCS 5/24C-15 new)
Sec. 24C-15. Official return of precinct; check of totals; audit.
The precinct return printed by the Direct Recording Electronic Voting
System tabulating equipment shall include the number of ballots cast,
ballots cast by each political party for a primary election, and votes
cast for each candidate and public question and shall constitute the
official return of each precinct. In addition to the precinct return,
the election authority shall provide the number of applications for
ballots in each precinct, the total number of ballots counted in each
precinct for each political subdivision and district, and the number of
registered voters in each precinct. The election authority shall check
the totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any precinct,
shall have the ballots for that precinct audited to correct the return.
The procedures for this audit shall apply prior to and after the
proclamation is completed; however, after the proclamation of results,
the election authority must obtain a court order to unseal voted
ballots except for election contests and discovery recounts. The
certificate of results, that has been prepared and signed by the judges
of election in the polling place and at the election authority's office
after the ballots have been tabulated, shall be the document used for
the canvass of votes for the precinct. Whenever a discrepancy exists
during the canvass of votes between the unofficial results and the
certificate of results, or whenever a discrepancy exists during the
canvass of votes between the certificate of results and the set of
totals reflected on the certificate of results, the ballots for that
precinct shall be audited to correct the return.
Prior to the proclamation, the election authority shall test the
voting devices and equipment in 5% of the precincts within the election
jurisdiction. The precincts to be tested shall be selected after
election day on a random basis by the State Board of Elections, so that
every precinct in the election jurisdiction has an equal mathematical
chance of being selected.
The test shall be conducted by entering a preaudited group of
ballots marked to record a predetermined number of valid votes for each
candidate and on each public question, and shall include for each
office one or more ballots that have votes in excess of the number
allowed by law to test the ability of the equipment to reject those
votes. If any error is detected, the cause shall be determined and
corrected, and an errorless count shall be made prior to the official
canvass and proclamation of election results.
The State Board of Elections, the State's Attorney and other
appropriate law enforcement agencies, the chairman of the county
central committee of each established political party, and qualified
civic organizations shall be given prior written notice of the time and
place of the test and may be represented at the test.
The results of this re-tabulation shall be treated in the same
manner and have the same effect as the results of the discovery
procedures set forth in Section 22-9.1 of this Code. Upon completion
of the test, the election authority shall print a report showing the
results of the test and any errors encountered and the report shall be
made available for public inspection.
(10 ILCS 5/24C-15.01 new)
Sec. 24C-15.01. Transporting ballots to central counting station;
container. Upon completion of the tabulation, audit, or test of voting
equipment, if the election authority so instructs, pursuant to Sections
24C-11 through 24C-15, the voting equipment and ballots from each
precinct shall be replaced in the container in which they were
transported to the central counting station. If the container is not a
type that may be securely locked, then each container, before being
transferred from the counting station to storage, shall be sealed with
filament tape wrapped around the container lengthwise and crosswise, at
[April 7, 2000] 82
least twice each way, and in a manner that the equipment and ballots
cannot be removed from the container without breaking the tape.
(10 ILCS 5/24C-15.1 new)
Sec. 24B-15.1. Discovery recounts and election contests. Discovery
recounts and election contests shall be conducted as otherwise provided
for in this Code. The Direct Recording Electronic Voting System
equipment shall be tested prior to the discovery recount or election
contest as provided in Section 24C-9 and then the official ballots
shall be audited.
The log of the computer operator and all materials retained by the
election authority in relation to vote tabulation and canvass shall be
made available for any discovery recount or election contest.
(10 ILCS 5/24C-16 new)
Sec. 24C-16. Approval of Direct Recording Electronic Voting
Systems; requisites. The State Board of Elections shall approve all
Direct Recording Electronic Voting Systems provided by this Article.
No Direct Recording Electronic Voting System shall be approved
unless it fulfills the following requirements:
(1) It enables a voter to vote in absolute secrecy, except in
the case of voters who receive assistance as provided in this Code.
(2) It enables each voter to vote at an election for all
persons and offices for whom and for which the voter is lawfully
entitled to vote, to vote for as many persons for an office as the
voter is entitled to vote for, and to vote for or against any
public question upon which the voter is entitled to vote, but no
other.
(3) It will detect and reject all votes for an office or upon
a public question when the voter has cast more votes for the office
or upon the public question than he or she is entitled to cast;
provided, however, that it will inform a voter that the voter's
choices as recorded on the ballot for an office or public question
exceeds the number that the voter is entitled to vote for on that
office or public question and will offer the voter an opportunity
to correct the error before rejecting the choices recorded on the
voter's ballot.
(4) It will enable each voter in primary elections to vote
only for the candidates of the political party with which he or she
had declared affiliation and preclude the voter from voting for any
candidate of any other political party.
(5) It enables a voter to vote a split ticket selected in
part from the nominees of one party, in part from the nominees of
any or all parties, in part from independent candidates, and in
part of candidates whose names are written in by the voter.
(6) It enables a voter, at a Presidential election, by a
single selection to vote for the candidates of a political party
for Presidential electors.
(7) It will prevent anyone voting for the same person more
than once for the same office.
(8) It will record and count accurately each vote properly
cast for or against any candidate and for or against any public
question, including the names of all candidates whose names are
written in by the voters.
(9) It will be capable of merging the vote tabulation results
produced by other vote tabulation systems, if necessary.
(10) It will provide a means for sealing and resealing the
vote recording devices to prevent their unauthorized use and to
prevent tampering with ballot labels.
(11) It will be suitably designed for the purpose used, be
durably constructed, and be designed for safety, accuracy, and
efficiency.
(12) It will be designed to accommodate the needs of elderly,
handicapped, and disabled voters.
(13) It will enable a voter to vote for a person whose name
does not appear on the ballot.
(14) It will be designed to ensure that vote recording
devices or electronic tabulating equipment that count votes at the
83 [April 7, 2000]
precinct will not be capable of reporting vote totals before the
close of the polls.
(15) It will provide an audit trail.
The State Board of Elections is authorized to withdraw its approval
of a Direct Recording Electronic Voting System if the system fails to
fulfill the above requirements.
No vendor, person, or other entity may sell, lease, or loan a
Direct Recording Electronic Voting System or system component to any
election jurisdiction unless the system or system component is first
approved by the State Board of Elections pursuant to this Section. The
State Board of Elections shall not accept for testing or approval of
any system or system component that has not first been evaluated by an
independent testing laboratory or laboratories for performance and
reliability using the standards that may from time to time be
promulgated by the United States Federal Election Commission. When the
functional requirements of this Section are in conflict with the
standards promulgated by the Federal Election Commission, the standards
of the Federal Election Commission shall govern.
(10 ILCS 5/24C-17 new)
Sec. 24C-17. Rules; number of voting booths. The State Board of
Elections may make reasonable rules for the administration of this
Article and may prescribe the number of voting booths required for the
various types of voting systems.
(10 ILCS 5/24C-18 new)
Sec. 24C-18. Specimen ballots; publication. When a Direct
Recording Electronic Voting System is used, the election authority
shall cause to be published, at least 5 days before the day of each
general and general primary election, in 2 or more newspapers published
in and having a general circulation in the county, a true and legible
copy of the specimen ballot containing the names of offices,
candidates, and public questions to be voted on, as near as may be, in
the form in which they will appear on the official ballot on election
day. A true legible copy may be in the form of an actual size ballot
and shall be published as required by this Section if distributed in 2
or more newspapers published and having a general circulation in the
county as an insert. For each election prescribed in Article 2A of
this Code, specimen ballots shall be made available for public
distribution and shall be supplied to the judges of election for
posting in the polling place on the day of election. Notice for the
consolidated primary and consolidated elections shall be given as
provided in Article 12.
(10 ILCS 5/24C-19 new)
Sec. 24C-19. Additional method of voting. This Article shall be
deemed to provide a method of voting in addition to the methods
otherwise provided in this Code.
(10 ILCS 5/24C-20 new)
Sec. 24C-20. Application. This amendatory Act of the 91st General
Assembly applies (i) only to elections conducted on or after January 1,
2001 and (ii) only to election jurisdictions in counties with a
population of less than 3,000,000 and excluding election commissions
created under Article 6 of this Code.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 4 to HOUSE BILL 1841 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2980
A bill for AN ACT in relation to workers' compensation.
[April 7, 2000] 84
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2980.
Senate Amendment No. 2 to HOUSE BILL NO. 2980.
Senate Amendment No. 4 to HOUSE BILL NO. 2980.
Senate Amendment No. 5 to HOUSE BILL NO. 2980.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2980 on page 1, by replacing
lines 19 and 20 with the following:
"rate for that case.".
AMENDMENT NO. 2. Amend House Bill 2980 on page 1, by replacing
line 1 with the following:
"AN ACT to amend certain Acts in relation to workplace injuries and
diseases."; and
on page 1, by replacing lines 4 and 5 with the following:
"Section 5. The Workers' Compensation Act is amended by adding
Sections 10.1 and 18.5 as follows:"; and
on page 1, by inserting after line 20 the following:
"(820 ILCS 305/18.5 new)
Sec. 18.5. Insurance fraud; employer's standing to seek disposal of
claim. After an employee has been convicted of an offense involving a
fraudulent workers' compensation claim, an employer has standing before
the Industrial Commission for the sole purpose of filing and seeking
disposal of the claim.
Section 10. The Workers' Occupational Diseases Act is amended by
adding Section 18.5 as follows:
(820 ILCS 310/18.5 new)
Sec. 18.5. Insurance fraud; employer's standing to seek disposal of
claim. After an employee has been convicted of an offense involving a
fraudulent claim under this Act, an employer has standing before the
Industrial Commission for the sole purpose of filing and seeking
disposal of the claim.".
AMENDMENT NO. 4. Amend House Bill 2980, AS AMENDED, by replacing
the title with the following:
"AN ACT in relation to medical care savings accounts."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Medical
Care Savings Account Act of 2000.
Section 3. Programs under prior Act. Programs established under
the Medical Care Savings Account Act are subject to and shall be
governed by this Act.
Section 5. Definitions. In this Act:
"Account administrator" means any of the following:
(1) A national or state chartered bank, a federal or state
chartered savings and loan association, a federal or state
chartered savings bank, or a federal or state chartered credit
union.
(2) A trust company authorized to act as a fiduciary.
(3) An insurance company authorized to do business in this
State under the Illinois Insurance Code or a health maintenance
organization authorized to do business in this State under the
Health Maintenance Organization Act.
(4) A dealer, salesperson, or investment adviser registered
85 [April 7, 2000]
under the Illinois Securities Law of 1953.
(5) An administrator as defined in Section 511.101 of the
Illinois Insurance Code who is licensed under Article XXXI 1/4 of
that Code.
(6) A certified public accountant registered under the
Illinois Public Accounting Act.
(7) An attorney licensed to practice in this State.
(8) An employer, if the employer has a self-insured health
plan under the federal Employee Retirement Income Security Act of
1974 (ERISA).
(9) An employer that participates in the medical care savings
account program.
"Deductible" means the total deductible for an employee and all the
dependents of that employee for a calendar year.
"Dependent" means the spouse of the employee or a child of the
employee if the child is any of the following:
(1) Under 19 years of age, or under 23 years of age and
enrolled as a full-time student at an accredited college or
university.
(2) Legally entitled to the provision of proper or
necessary subsistence, education, medical care, or other care
necessary for his or her health, guidance, or well-being and not
otherwise emancipated, self-supporting, married, or a member of the
armed forces of the United States.
(3) Mentally or physically incapacitated to the extent that
he or she is not self-sufficient.
"Domicile" means a place where an individual has his or her true,
fixed, and permanent home and principal establishment, to which,
whenever absent, he or she intends to return. Domicile continues until
another permanent home or principal establishment is established.
"Eligible medical expense" means an expense paid by the taxpayer
for medical care described in Section 213(d) of the Internal Revenue
Code.
"Employee" means the individual for whose benefit or for the
benefit of whose dependents a medical care savings account is
established. Employee includes a self-employed individual.
"Higher deductible" means a deductible subject to a minimum and
maximum established for 1999 by the Department of Revenue under the
Medical Care Savings Account Act. The minimum and maximum shall be
adjusted for 2000 and annually thereafter by the Department of Revenue
to reflect increases in the consumer price index for the United States
as defined and officially reported by the United States Department of
Labor.
"Medical care savings account" or "account" means an account
established in this State pursuant to a medical care savings account
program to pay the eligible medical expenses of an employee and his or
her dependents.
"Medical care savings account program" or "program" means a program
that includes all of the following:
(1) The purchase by an employer of a qualified higher
deductible health plan for the benefit of an employee and his or
her dependents.
(2) The contribution on behalf of an employee into a
medical care savings account by his or her employer of all or part
of the premium differential realized by the employer based on the
purchase of a qualified higher deductible health plan for the
benefit of the employee. An employer that did not previously
provide a health coverage policy, certificate, or contract for his
or her employees may contribute all or part of the deductible of
the plan purchased pursuant to paragraph (1). A contribution
under this paragraph may not exceed the maximum amounts
established for 1999 by the Department of Revenue for 2 taxpayers
filing a joint return, if each taxpayer has a medical care
savings account but neither is covered by the other's health
coverage, and for all other cases. The maximum amounts shall be
adjusted for 2000 and annually thereafter by the Department of
[April 7, 2000] 86
Revenue to reflect increases in the consumer price index for the
United States as defined and officially reported by the United
States Department of Labor.
(3) An account administrator to administer the medical care
savings account from which payment of claims is made. Not more
than 30 days after an account administrator begins to administer an
account, the administrator shall notify in writing each employee on
whose behalf the administrator administers an account of the date
of the last business day of the administrator's business year.
"Qualified higher deductible health plan" means a health coverage
policy, certificate, or contract that provides for payments for covered
benefits that exceed the higher deductible and that is purchased by an
employer for the benefit of an employee for whom the employer makes
deposits into a medical care savings account.
Section 10. Program offer; tax treatment.
(a) For tax years ending on or after December 31, 2000, an
employer, except as otherwise provided by statute, contract, or a
collective bargaining agreement, may offer a medical care savings
account program to the employer's employees.
(b) Before making any contribution to an account, an employer
that offers a medical care savings account program shall inform all its
employees in writing of the federal tax status of contributions made
pursuant to this Act.
(c) Except as provided in Section 20, principal contributed to
and interest earned on a medical care savings account and money
reimbursed to an employee for eligible medical expenses are exempt
from taxation under the Illinois Income Tax Act as provided in that
Act.
Section 15. Use of account moneys.
(a) The account administrator shall utilize the moneys held in a
medical care savings account solely for the purpose of paying the
medical expenses of the employee or his or her dependents or to
purchase a health coverage policy, certificate, or contract if the
employee does not otherwise have health insurance coverage. Moneys held
in a medical care savings account may not be used to cover medical
expenses of the employee or his or her dependents that are otherwise
covered, including but not limited to medical expenses covered pursuant
to an automobile insurance policy, workers' compensation insurance
policy or self-insured plan, or another health coverage policy,
certificate, or contract.
(b) The employee may submit documentation of medical expenses paid
by the employee in the tax year to the account administrator, and
the account administrator shall reimburse the employee from the
employee's account for eligible medical expenses.
(c) If an employer makes contributions to a medical care
savings account program on a periodic installment basis, the employer
may advance to an employee, interest free, an amount necessary to cover
medical expenses incurred that exceed the amount in the employee's
medical care savings account when the expense is incurred if the
employee agrees to repay the advance from future installments or when
he or she ceases to be an employee of the employer.
Section 20. Withdrawals from account.
(a) Notwithstanding subsection (b) and subject to subsection
(c), an employee may withdraw money from his or her medical care
savings account for any purpose other than a purpose described in
subsection (a) of Section 15 only on the last business day of the
account administrator's business year. Money withdrawn pursuant to
this subsection is income for purposes of the Illinois Income Tax Act
in the taxable year of the withdrawal, as provided in that Act.
(b) Subject to subsection (c), if the employee withdraws money for
any purpose other than a purpose described in subsection (a) of Section
15 at any other time, all of the following apply:
(1) The amount of the withdrawal is income for purposes of
the Illinois Income Tax Act in the taxable year of the withdrawal,
as provided in that Act.
(2) The administrator shall withhold and on behalf of the
87 [April 7, 2000]
employee shall pay a penalty to the Department of Revenue equal to
10% of the amount of the withdrawal.
(3) Interest earned on the account during the taxable year in
which a withdrawal under this subsection is made is income for
purposes of the Illinois Income Tax Act, as provided in that Act.
(c) The amount of a disbursement of any assets of a medical care
savings account pursuant to a filing for protection under Title 11 of
the United States Code, 11 U.S.C. 101 to 1330, by an employee or person
for whose benefit the account was established is not considered a
withdrawal for purposes of this Section. The amount of a disbursement
is not subject to taxation under the Illinois Income Tax Act, and
subsection (b) does not apply.
(d) Upon the death of the employee, the account administrator
shall distribute the principal and accumulated interest of the
medical care savings account to the estate of the employee.
(e) If (i) an employee is no longer employed by an employer that
participates in a medical care savings account program, (ii) the
employee, not more than 60 days after his or her final day of
employment, transfers the account to a new account administrator or
requests in writing to the former employer's account administrator that
the account remain with that administrator, and (iii) that account
administrator agrees to retain the account, then the money in the
medical care savings account may be utilized for the benefit of the
employee or his or her dependents subject to this Act and remains
exempt from taxation pursuant to this Act. Not more than 30 days after
the expiration of the 60 days, if an account administrator has not
accepted the former employee's account, the employer shall mail a check
to the former employee, at the employee's last known address, for an
amount equal to the amount in the account on that day, and that amount
is subject to taxation pursuant to subsection (a) of this Section but
is not subject to the penalty under paragraph (2) of subsection (b) of
this Section. If an employee becomes employed with a different
employer that participates in a medical care savings account program,
the employee may transfer his or her medical care savings account to
that new employer's account administrator.
Section 30. Administrator; fiduciary duty. An account
administrator shall discharge his or her duties as a fiduciary in a
manner consistent with the fiduciary standards required by 29 U.S.C
1104 and shall not engage in any self-dealing transactions in
the investment of account assets.
Section 85. Repealer. This Act is repealed on January 1, 2010.
Section 90. The Illinois Income Tax Act is amended by changing
Section 203 as follows:
(35 ILCS 5/203) (from Ch. 120, par. 2-203)
Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base income
means an amount equal to the taxpayer's adjusted gross income for
the taxable year as modified by paragraph (2).
(2) Modifications. The adjusted gross income referred to in
paragraph (1) shall be modified by adding thereto the sum of the
following amounts:
(A) An amount equal to all amounts paid or accrued to
the taxpayer as interest or dividends during the taxable year
to the extent excluded from gross income in the computation of
adjusted gross income, except stock dividends of qualified
public utilities described in Section 305(e) of the Internal
Revenue Code;
(B) An amount equal to the amount of tax imposed by this
Act to the extent deducted from gross income in the
computation of adjusted gross income for the taxable year;
(C) An amount equal to the amount received during the
taxable year as a recovery or refund of real property taxes
paid with respect to the taxpayer's principal residence under
the Revenue Act of 1939 and for which a deduction was
previously taken under subparagraph (L) of this paragraph (2)
[April 7, 2000] 88
prior to July 1, 1991, the retrospective application date of
Article 4 of Public Act 87-17. In the case of multi-unit or
multi-use structures and farm dwellings, the taxes on the
taxpayer's principal residence shall be that portion of the
total taxes for the entire property which is attributable to
such principal residence;
(D) An amount equal to the amount of the capital gain
deduction allowable under the Internal Revenue Code, to the
extent deducted from gross income in the computation of
adjusted gross income;
(D-5) An amount, to the extent not included in adjusted
gross income, equal to the amount of money withdrawn by the
taxpayer in the taxable year from a medical care savings
account and the interest earned on the account in the taxable
year of a withdrawal pursuant to subsection (b) of Section 20
of the Medical Care Savings Account Act or subsection (b) of
Section 20 of the Medical Care Savings Account Act of 2000;
and
(D-10) For taxable years ending after December 31, 1997,
an amount equal to any eligible remediation costs that the
individual deducted in computing adjusted gross income and for
which the individual claims a credit under subsection (l) of
Section 201;
and by deducting from the total so obtained the sum of the
following amounts:
(E) Any amount included in such total in respect of any
compensation (including but not limited to any compensation
paid or accrued to a serviceman while a prisoner of war or
missing in action) paid to a resident by reason of being on
active duty in the Armed Forces of the United States and in
respect of any compensation paid or accrued to a resident who
as a governmental employee was a prisoner of war or missing in
action, and in respect of any compensation paid to a resident
in 1971 or thereafter for annual training performed pursuant
to Sections 502 and 503, Title 32, United States Code as a
member of the Illinois National Guard;
(F) An amount equal to all amounts included in such
total pursuant to the provisions of Sections 402(a), 402(c),
403(a), 403(b), 406(a), 407(a), and 408 of the Internal
Revenue Code, or included in such total as distributions under
the provisions of any retirement or disability plan for
employees of any governmental agency or unit, or retirement
payments to retired partners, which payments are excluded in
computing net earnings from self employment by Section 1402 of
the Internal Revenue Code and regulations adopted pursuant
thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax imposed by
this Act which was refunded to the taxpayer and included in
such total for the taxable year;
(I) An amount equal to all amounts included in such
total pursuant to the provisions of Section 111 of the
Internal Revenue Code as a recovery of items previously
deducted from adjusted gross income in the computation of
taxable income;
(J) An amount equal to those dividends included in such
total which were paid by a corporation which conducts business
operations in an Enterprise Zone or zones created under the
Illinois Enterprise Zone Act, and conducts substantially all
of its operations in an Enterprise Zone or zones;
(K) An amount equal to those dividends included in such
total that were paid by a corporation that conducts business
operations in a federally designated Foreign Trade Zone or
Sub-Zone and that is designated a High Impact Business located
in Illinois; provided that dividends eligible for the
deduction provided in subparagraph (J) of paragraph (2) of
89 [April 7, 2000]
this subsection shall not be eligible for the deduction
provided under this subparagraph (K);
(L) For taxable years ending after December 31, 1983, an
amount equal to all social security benefits and railroad
retirement benefits included in such total pursuant to
Sections 72(r) and 86 of the Internal Revenue Code;
(M) With the exception of any amounts subtracted under
subparagraph (N), an amount equal to the sum of all amounts
disallowed as deductions by (i) Sections 171(a) (2), and
265(2) of the Internal Revenue Code of 1954, as now or
hereafter amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section 265(1) of
the Internal Revenue Code of 1954, as now or hereafter
amended; and (ii) for taxable years ending on or after August
13, 1999 the effective date of this amendatory Act of the 91st
General Assembly, Sections 171(a)(2), 265, 280C, and
832(b)(5)(B)(i) of the Internal Revenue Code; the provisions
of this subparagraph are exempt from the provisions of Section
250;
(N) An amount equal to all amounts included in such
total which are exempt from taxation by this State either by
reason of its statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United States;
provided that, in the case of any statute of this State that
exempts income derived from bonds or other obligations from
the tax imposed under this Act, the amount exempted shall be
the interest net of bond premium amortization;
(O) An amount equal to any contribution made to a job
training project established pursuant to the Tax Increment
Allocation Redevelopment Act;
(P) An amount equal to the amount of the deduction used
to compute the federal income tax credit for restoration of
substantial amounts held under claim of right for the taxable
year pursuant to Section 1341 of the Internal Revenue Code of
1986;
(Q) An amount equal to any amounts included in such
total, received by the taxpayer as an acceleration in the
payment of life, endowment or annuity benefits in advance of
the time they would otherwise be payable as an indemnity for a
terminal illness;
(R) An amount equal to the amount of any federal or
State bonus paid to veterans of the Persian Gulf War;
(S) An amount, to the extent included in adjusted gross
income, equal to the amount of a contribution made in the
taxable year on behalf of the taxpayer to a medical care
savings account established under the Medical Care Savings
Account Act or the Medical Care Savings Account Act of 2000 to
the extent the contribution is accepted by the account
administrator as provided in that Act;
(T) An amount, to the extent included in adjusted gross
income, equal to the amount of interest earned in the taxable
year on a medical care savings account established under the
Medical Care Savings Account Act or the Medical Care Savings
Account Act of 2000 on behalf of the taxpayer, other than
interest added pursuant to item (D-5) of this paragraph (2);
(U) For one taxable year beginning on or after January
1, 1994, an amount equal to the total amount of tax imposed
and paid under subsections (a) and (b) of Section 201 of this
Act on grant amounts received by the taxpayer under the
Nursing Home Grant Assistance Act during the taxpayer's
taxable years 1992 and 1993;
(V) Beginning with tax years ending on or after December
31, 1995 and ending with tax years ending on or before
December 31, 2004, an amount equal to the amount paid by a
taxpayer who is a self-employed taxpayer, a partner of a
partnership, or a shareholder in a Subchapter S corporation
[April 7, 2000] 90
for health insurance or long-term care insurance for that
taxpayer or that taxpayer's spouse or dependents, to the
extent that the amount paid for that health insurance or
long-term care insurance may be deducted under Section 213 of
the Internal Revenue Code of 1986, has not been deducted on
the federal income tax return of the taxpayer, and does not
exceed the taxable income attributable to that taxpayer's
income, self-employment income, or Subchapter S corporation
income; except that no deduction shall be allowed under this
item (V) if the taxpayer is eligible to participate in any
health insurance or long-term care insurance plan of an
employer of the taxpayer or the taxpayer's spouse. The amount
of the health insurance and long-term care insurance
subtracted under this item (V) shall be determined by
multiplying total health insurance and long-term care
insurance premiums paid by the taxpayer times a number that
represents the fractional percentage of eligible medical
expenses under Section 213 of the Internal Revenue Code of
1986 not actually deducted on the taxpayer's federal income
tax return;
(W) For taxable years beginning on or after January 1,
1998, all amounts included in the taxpayer's federal gross
income in the taxable year from amounts converted from a
regular IRA to a Roth IRA. This paragraph is exempt from the
provisions of Section 250; and
(X) For taxable year 1999 and thereafter, an amount
equal to the amount of any (i) distributions, to the extent
includible in gross income for federal income tax purposes,
made to the taxpayer because of his or her status as a victim
of persecution for racial or religious reasons by Nazi Germany
or any other Axis regime or as an heir of the victim and (ii)
items of income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived from or
in any way related to assets stolen from, hidden from, or
otherwise lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis regime
immediately prior to, during, and immediately after World War
II, including, but not limited to, interest on the proceeds
receivable as insurance under policies issued to a victim of
persecution for racial or religious reasons by Nazi Germany or
any other Axis regime by European insurance companies
immediately prior to and during World War II; provided,
however, this subtraction from federal adjusted gross income
does not apply to assets acquired with such assets or with the
proceeds from the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the first
recipient of such assets after their recovery and who is a
victim of persecution for racial or religious reasons by Nazi
Germany or any other Axis regime or as an heir of the victim.
The amount of and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by the
inclusion of items (i) and (ii) of this paragraph in gross
income for federal income tax purposes. This paragraph is
exempt from the provisions of Section 250.
(b) Corporations.
(1) In general. In the case of a corporation, base income
means an amount equal to the taxpayer's taxable income for the
taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum of the
following amounts:
(A) An amount equal to all amounts paid or accrued to
the taxpayer as interest and all distributions received from
regulated investment companies during the taxable year to the
extent excluded from gross income in the computation of
taxable income;
91 [April 7, 2000]
(B) An amount equal to the amount of tax imposed by this
Act to the extent deducted from gross income in the
computation of taxable income for the taxable year;
(C) In the case of a regulated investment company, an
amount equal to the excess of (i) the net long-term capital
gain for the taxable year, over (ii) the amount of the capital
gain dividends designated as such in accordance with Section
852(b)(3)(C) of the Internal Revenue Code and any amount
designated under Section 852(b)(3)(D) of the Internal Revenue
Code, attributable to the taxable year (this amendatory Act of
1995 (Public Act 89-89) is declarative of existing law and is
not a new enactment);
(D) The amount of any net operating loss deduction taken
in arriving at taxable income, other than a net operating loss
carried forward from a taxable year ending prior to December
31, 1986;
(E) For taxable years in which a net operating loss
carryback or carryforward from a taxable year ending prior to
December 31, 1986 is an element of taxable income under
paragraph (1) of subsection (e) or subparagraph (E) of
paragraph (2) of subsection (e), the amount by which addition
modifications other than those provided by this subparagraph
(E) exceeded subtraction modifications in such earlier taxable
year, with the following limitations applied in the order that
they are listed:
(i) the addition modification relating to the net
operating loss carried back or forward to the taxable
year from any taxable year ending prior to December 31,
1986 shall be reduced by the amount of addition
modification under this subparagraph (E) which related to
that net operating loss and which was taken into account
in calculating the base income of an earlier taxable
year, and
(ii) the addition modification relating to the net
operating loss carried back or forward to the taxable
year from any taxable year ending prior to December 31,
1986 shall not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net operating loss
carryback or carryforward from more than one other taxable
year ending prior to December 31, 1986, the addition
modification provided in this subparagraph (E) shall be the
sum of the amounts computed independently under the preceding
provisions of this subparagraph (E) for each such taxable
year; and
(E-5) For taxable years ending after December 31, 1997,
an amount equal to any eligible remediation costs that the
corporation deducted in computing adjusted gross income and
for which the corporation claims a credit under subsection (l)
of Section 201;
and by deducting from the total so obtained the sum of the
following amounts:
(F) An amount equal to the amount of any tax imposed by
this Act which was refunded to the taxpayer and included in
such total for the taxable year;
(G) An amount equal to any amount included in such total
under Section 78 of the Internal Revenue Code;
(H) In the case of a regulated investment company, an
amount equal to the amount of exempt interest dividends as
defined in subsection (b) (5) of Section 852 of the Internal
Revenue Code, paid to shareholders for the taxable year;
(I) With the exception of any amounts subtracted under
subparagraph (J), an amount equal to the sum of all amounts
disallowed as deductions by (i) Sections 171(a) (2), and
265(a)(2) and amounts disallowed as interest expense by
Section 291(a)(3) of the Internal Revenue Code, as now or
[April 7, 2000] 92
hereafter amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section 265(a)(1) of
the Internal Revenue Code, as now or hereafter amended; and
(ii) for taxable years ending on or after August 13, 1999 the
effective date of this amendatory Act of the 91st General
Assembly, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i)
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section 250;
(J) An amount equal to all amounts included in such
total which are exempt from taxation by this State either by
reason of its statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United States;
provided that, in the case of any statute of this State that
exempts income derived from bonds or other obligations from
the tax imposed under this Act, the amount exempted shall be
the interest net of bond premium amortization;
(K) An amount equal to those dividends included in such
total which were paid by a corporation which conducts business
operations in an Enterprise Zone or zones created under the
Illinois Enterprise Zone Act and conducts substantially all of
its operations in an Enterprise Zone or zones;
(L) An amount equal to those dividends included in such
total that were paid by a corporation that conducts business
operations in a federally designated Foreign Trade Zone or
Sub-Zone and that is designated a High Impact Business located
in Illinois; provided that dividends eligible for the
deduction provided in subparagraph (K) of paragraph 2 of this
subsection shall not be eligible for the deduction provided
under this subparagraph (L);
(M) For any taxpayer that is a financial organization
within the meaning of Section 304(c) of this Act, an amount
included in such total as interest income from a loan or loans
made by such taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for the
Enterprise Zone Investment Credit. To determine the portion of
a loan or loans that is secured by property eligible for a
Section 201(h) investment credit to the borrower, the entire
principal amount of the loan or loans between the taxpayer and
the borrower should be divided into the basis of the Section
201(h) investment credit property which secures the loan or
loans, using for this purpose the original basis of such
property on the date that it was placed in service in the
Enterprise Zone. The subtraction modification available to
taxpayer in any year under this subsection shall be that
portion of the total interest paid by the borrower with
respect to such loan attributable to the eligible property as
calculated under the previous sentence;
(M-1) For any taxpayer that is a financial organization
within the meaning of Section 304(c) of this Act, an amount
included in such total as interest income from a loan or loans
made by such taxpayer to a borrower, to the extent that such a
loan is secured by property which is eligible for the High
Impact Business Investment Credit. To determine the portion
of a loan or loans that is secured by property eligible for a
Section 201(i) investment credit to the borrower, the entire
principal amount of the loan or loans between the taxpayer and
the borrower should be divided into the basis of the Section
201(i) investment credit property which secures the loan or
loans, using for this purpose the original basis of such
property on the date that it was placed in service in a
federally designated Foreign Trade Zone or Sub-Zone located in
Illinois. No taxpayer that is eligible for the deduction
provided in subparagraph (M) of paragraph (2) of this
subsection shall be eligible for the deduction provided under
this subparagraph (M-1). The subtraction modification
available to taxpayers in any year under this subsection shall
93 [April 7, 2000]
be that portion of the total interest paid by the borrower
with respect to such loan attributable to the eligible
property as calculated under the previous sentence;
(N) Two times any contribution made during the taxable
year to a designated zone organization to the extent that the
contribution (i) qualifies as a charitable contribution under
subsection (c) of Section 170 of the Internal Revenue Code and
(ii) must, by its terms, be used for a project approved by the
Department of Commerce and Community Affairs under Section 11
of the Illinois Enterprise Zone Act;
(O) An amount equal to: (i) 85% for taxable years ending
on or before December 31, 1992, or, a percentage equal to the
percentage allowable under Section 243(a)(1) of the Internal
Revenue Code of 1986 for taxable years ending after December
31, 1992, of the amount by which dividends included in taxable
income and received from a corporation that is not created or
organized under the laws of the United States or any state or
political subdivision thereof, including, for taxable years
ending on or after December 31, 1988, dividends received or
deemed received or paid or deemed paid under Sections 951
through 964 of the Internal Revenue Code, exceed the amount of
the modification provided under subparagraph (G) of paragraph
(2) of this subsection (b) which is related to such dividends;
plus (ii) 100% of the amount by which dividends, included in
taxable income and received, including, for taxable years
ending on or after December 31, 1988, dividends received or
deemed received or paid or deemed paid under Sections 951
through 964 of the Internal Revenue Code, from any such
corporation specified in clause (i) that would but for the
provisions of Section 1504 (b) (3) of the Internal Revenue
Code be treated as a member of the affiliated group which
includes the dividend recipient, exceed the amount of the
modification provided under subparagraph (G) of paragraph (2)
of this subsection (b) which is related to such dividends;
(P) An amount equal to any contribution made to a job
training project established pursuant to the Tax Increment
Allocation Redevelopment Act;
(Q) An amount equal to the amount of the deduction used
to compute the federal income tax credit for restoration of
substantial amounts held under claim of right for the taxable
year pursuant to Section 1341 of the Internal Revenue Code of
1986; and
(R) In the case of an attorney-in-fact with respect to
whom an interinsurer or a reciprocal insurer has made the
election under Section 835 of the Internal Revenue Code, 26
U.S.C. 835, an amount equal to the excess, if any, of the
amounts paid or incurred by that interinsurer or reciprocal
insurer in the taxable year to the attorney-in-fact over the
deduction allowed to that interinsurer or reciprocal insurer
with respect to the attorney-in-fact under Section 835(b) of
the Internal Revenue Code for the taxable year.
(3) Special rule. For purposes of paragraph (2) (A), "gross
income" in the case of a life insurance company, for tax years
ending on and after December 31, 1994, shall mean the gross
investment income for the taxable year.
(c) Trusts and estates.
(1) In general. In the case of a trust or estate, base
income means an amount equal to the taxpayer's taxable income for
the taxable year as modified by paragraph (2).
(2) Modifications. Subject to the provisions of paragraph
(3), the taxable income referred to in paragraph (1) shall be
modified by adding thereto the sum of the following amounts:
(A) An amount equal to all amounts paid or accrued to
the taxpayer as interest or dividends during the taxable year
to the extent excluded from gross income in the computation of
taxable income;
[April 7, 2000] 94
(B) In the case of (i) an estate, $600; (ii) a trust
which, under its governing instrument, is required to
distribute all of its income currently, $300; and (iii) any
other trust, $100, but in each such case, only to the extent
such amount was deducted in the computation of taxable income;
(C) An amount equal to the amount of tax imposed by this
Act to the extent deducted from gross income in the
computation of taxable income for the taxable year;
(D) The amount of any net operating loss deduction taken
in arriving at taxable income, other than a net operating loss
carried forward from a taxable year ending prior to December
31, 1986;
(E) For taxable years in which a net operating loss
carryback or carryforward from a taxable year ending prior to
December 31, 1986 is an element of taxable income under
paragraph (1) of subsection (e) or subparagraph (E) of
paragraph (2) of subsection (e), the amount by which addition
modifications other than those provided by this subparagraph
(E) exceeded subtraction modifications in such taxable year,
with the following limitations applied in the order that they
are listed:
(i) the addition modification relating to the net
operating loss carried back or forward to the taxable
year from any taxable year ending prior to December 31,
1986 shall be reduced by the amount of addition
modification under this subparagraph (E) which related to
that net operating loss and which was taken into account
in calculating the base income of an earlier taxable
year, and
(ii) the addition modification relating to the net
operating loss carried back or forward to the taxable
year from any taxable year ending prior to December 31,
1986 shall not exceed the amount of such carryback or
carryforward;
For taxable years in which there is a net operating loss
carryback or carryforward from more than one other taxable
year ending prior to December 31, 1986, the addition
modification provided in this subparagraph (E) shall be the
sum of the amounts computed independently under the preceding
provisions of this subparagraph (E) for each such taxable
year;
(F) For taxable years ending on or after January 1,
1989, an amount equal to the tax deducted pursuant to Section
164 of the Internal Revenue Code if the trust or estate is
claiming the same tax for purposes of the Illinois foreign tax
credit under Section 601 of this Act;
(G) An amount equal to the amount of the capital gain
deduction allowable under the Internal Revenue Code, to the
extent deducted from gross income in the computation of
taxable income; and
(G-5) For taxable years ending after December 31, 1997,
an amount equal to any eligible remediation costs that the
trust or estate deducted in computing adjusted gross income
and for which the trust or estate claims a credit under
subsection (l) of Section 201;
and by deducting from the total so obtained the sum of the
following amounts:
(H) An amount equal to all amounts included in such
total pursuant to the provisions of Sections 402(a), 402(c),
403(a), 403(b), 406(a), 407(a) and 408 of the Internal Revenue
Code or included in such total as distributions under the
provisions of any retirement or disability plan for employees
of any governmental agency or unit, or retirement payments to
retired partners, which payments are excluded in computing net
earnings from self employment by Section 1402 of the Internal
Revenue Code and regulations adopted pursuant thereto;
95 [April 7, 2000]
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax imposed by
this Act which was refunded to the taxpayer and included in
such total for the taxable year;
(K) An amount equal to all amounts included in taxable
income as modified by subparagraphs (A), (B), (C), (D), (E),
(F) and (G) which are exempt from taxation by this State
either by reason of its statutes or Constitution or by reason
of the Constitution, treaties or statutes of the United
States; provided that, in the case of any statute of this
State that exempts income derived from bonds or other
obligations from the tax imposed under this Act, the amount
exempted shall be the interest net of bond premium
amortization;
(L) With the exception of any amounts subtracted under
subparagraph (K), an amount equal to the sum of all amounts
disallowed as deductions by (i) Sections 171(a) (2) and
265(a)(2) of the Internal Revenue Code, as now or hereafter
amended, and all amounts of expenses allocable to interest and
disallowed as deductions by Section 265(1) of the Internal
Revenue Code of 1954, as now or hereafter amended; and (ii)
for taxable years ending on or after August 13, 1999 the
effective date of this amendatory Act of the 91st General
Assembly, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i)
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section 250;
(M) An amount equal to those dividends included in such
total which were paid by a corporation which conducts business
operations in an Enterprise Zone or zones created under the
Illinois Enterprise Zone Act and conducts substantially all of
its operations in an Enterprise Zone or Zones;
(N) An amount equal to any contribution made to a job
training project established pursuant to the Tax Increment
Allocation Redevelopment Act;
(O) An amount equal to those dividends included in such
total that were paid by a corporation that conducts business
operations in a federally designated Foreign Trade Zone or
Sub-Zone and that is designated a High Impact Business located
in Illinois; provided that dividends eligible for the
deduction provided in subparagraph (M) of paragraph (2) of
this subsection shall not be eligible for the deduction
provided under this subparagraph (O);
(P) An amount equal to the amount of the deduction used
to compute the federal income tax credit for restoration of
substantial amounts held under claim of right for the taxable
year pursuant to Section 1341 of the Internal Revenue Code of
1986; and
(Q) For taxable year 1999 and thereafter, an amount
equal to the amount of any (i) distributions, to the extent
includible in gross income for federal income tax purposes,
made to the taxpayer because of his or her status as a victim
of persecution for racial or religious reasons by Nazi Germany
or any other Axis regime or as an heir of the victim and (ii)
items of income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived from or
in any way related to assets stolen from, hidden from, or
otherwise lost to a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis regime
immediately prior to, during, and immediately after World War
II, including, but not limited to, interest on the proceeds
receivable as insurance under policies issued to a victim of
persecution for racial or religious reasons by Nazi Germany or
any other Axis regime by European insurance companies
immediately prior to and during World War II; provided,
however, this subtraction from federal adjusted gross income
does not apply to assets acquired with such assets or with the
[April 7, 2000] 96
proceeds from the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the first
recipient of such assets after their recovery and who is a
victim of persecution for racial or religious reasons by Nazi
Germany or any other Axis regime or as an heir of the victim.
The amount of and the eligibility for any public assistance,
benefit, or similar entitlement is not affected by the
inclusion of items (i) and (ii) of this paragraph in gross
income for federal income tax purposes. This paragraph is
exempt from the provisions of Section 250.
(3) Limitation. The amount of any modification otherwise
required under this subsection shall, under regulations prescribed
by the Department, be adjusted by any amounts included therein
which were properly paid, credited, or required to be distributed,
or permanently set aside for charitable purposes pursuant to
Internal Revenue Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base income
means an amount equal to the taxpayer's taxable income for the
taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum of the
following amounts:
(A) An amount equal to all amounts paid or accrued to
the taxpayer as interest or dividends during the taxable year
to the extent excluded from gross income in the computation of
taxable income;
(B) An amount equal to the amount of tax imposed by this
Act to the extent deducted from gross income for the taxable
year;
(C) The amount of deductions allowed to the partnership
pursuant to Section 707 (c) of the Internal Revenue Code in
calculating its taxable income; and
(D) An amount equal to the amount of the capital gain
deduction allowable under the Internal Revenue Code, to the
extent deducted from gross income in the computation of
taxable income;
and by deducting from the total so obtained the following amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax imposed by
this Act which was refunded to the taxpayer and included in
such total for the taxable year;
(G) An amount equal to all amounts included in taxable
income as modified by subparagraphs (A), (B), (C) and (D)
which are exempt from taxation by this State either by reason
of its statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United States;
provided that, in the case of any statute of this State that
exempts income derived from bonds or other obligations from
the tax imposed under this Act, the amount exempted shall be
the interest net of bond premium amortization;
(H) Any income of the partnership which constitutes
personal service income as defined in Section 1348 (b) (1) of
the Internal Revenue Code (as in effect December 31, 1981) or
a reasonable allowance for compensation paid or accrued for
services rendered by partners to the partnership, whichever is
greater;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal Property
Tax Replacement Income Tax imposed by subsections (c) and (d)
of Section 201 of this Act including amounts distributable to
organizations exempt from federal income tax by reason of
Section 501(a) of the Internal Revenue Code;
(J) With the exception of any amounts subtracted under
subparagraph (G), an amount equal to the sum of all amounts
disallowed as deductions by (i) Sections 171(a) (2), and
97 [April 7, 2000]
265(2) of the Internal Revenue Code of 1954, as now or
hereafter amended, and all amounts of expenses allocable to
interest and disallowed as deductions by Section 265(1) of the
Internal Revenue Code, as now or hereafter amended; and (ii)
for taxable years ending on or after August 13, 1999 the
effective date of this amendatory Act of the 91st General
Assembly, Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i)
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section 250;
(K) An amount equal to those dividends included in such
total which were paid by a corporation which conducts business
operations in an Enterprise Zone or zones created under the
Illinois Enterprise Zone Act, enacted by the 82nd General
Assembly, and which does not conduct such operations other
than in an Enterprise Zone or Zones;
(L) An amount equal to any contribution made to a job
training project established pursuant to the Real Property Tax
Increment Allocation Redevelopment Act;
(M) An amount equal to those dividends included in such
total that were paid by a corporation that conducts business
operations in a federally designated Foreign Trade Zone or
Sub-Zone and that is designated a High Impact Business located
in Illinois; provided that dividends eligible for the
deduction provided in subparagraph (K) of paragraph (2) of
this subsection shall not be eligible for the deduction
provided under this subparagraph (M); and
(N) An amount equal to the amount of the deduction used
to compute the federal income tax credit for restoration of
substantial amounts held under claim of right for the taxable
year pursuant to Section 1341 of the Internal Revenue Code of
1986.
(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of paragraph (2)
and subsection (b) (3), for purposes of this Section and Section
803(e), a taxpayer's gross income, adjusted gross income, or
taxable income for the taxable year shall mean the amount of gross
income, adjusted gross income or taxable income properly reportable
for federal income tax purposes for the taxable year under the
provisions of the Internal Revenue Code. Taxable income may be less
than zero. However, for taxable years ending on or after December
31, 1986, net operating loss carryforwards from taxable years
ending prior to December 31, 1986, may not exceed the sum of
federal taxable income for the taxable year before net operating
loss deduction, plus the excess of addition modifications over
subtraction modifications for the taxable year. For taxable years
ending prior to December 31, 1986, taxable income may never be an
amount in excess of the net operating loss for the taxable year as
defined in subsections (c) and (d) of Section 172 of the Internal
Revenue Code, provided that when taxable income of a corporation
(other than a Subchapter S corporation), trust, or estate is less
than zero and addition modifications, other than those provided by
subparagraph (E) of paragraph (2) of subsection (b) for
corporations or subparagraph (E) of paragraph (2) of subsection (c)
for trusts and estates, exceed subtraction modifications, an
addition modification must be made under those subparagraphs for
any other taxable year to which the taxable income less than zero
(net operating loss) is applied under Section 172 of the Internal
Revenue Code or under subparagraph (E) of paragraph (2) of this
subsection (e) applied in conjunction with Section 172 of the
Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of this
subsection, the taxable income properly reportable for federal
income tax purposes shall mean:
(A) Certain life insurance companies. In the case of a
life insurance company subject to the tax imposed by Section
801 of the Internal Revenue Code, life insurance company
[April 7, 2000] 98
taxable income, plus the amount of distribution from pre-1984
policyholder surplus accounts as calculated under Section 815a
of the Internal Revenue Code;
(B) Certain other insurance companies. In the case of
mutual insurance companies subject to the tax imposed by
Section 831 of the Internal Revenue Code, insurance company
taxable income;
(C) Regulated investment companies. In the case of a
regulated investment company subject to the tax imposed by
Section 852 of the Internal Revenue Code, investment company
taxable income;
(D) Real estate investment trusts. In the case of a
real estate investment trust subject to the tax imposed by
Section 857 of the Internal Revenue Code, real estate
investment trust taxable income;
(E) Consolidated corporations. In the case of a
corporation which is a member of an affiliated group of
corporations filing a consolidated income tax return for the
taxable year for federal income tax purposes, taxable income
determined as if such corporation had filed a separate return
for federal income tax purposes for the taxable year and each
preceding taxable year for which it was a member of an
affiliated group. For purposes of this subparagraph, the
taxpayer's separate taxable income shall be determined as if
the election provided by Section 243(b) (2) of the Internal
Revenue Code had been in effect for all such years;
(F) Cooperatives. In the case of a cooperative
corporation or association, the taxable income of such
organization determined in accordance with the provisions of
Section 1381 through 1388 of the Internal Revenue Code;
(G) Subchapter S corporations. In the case of: (i) a
Subchapter S corporation for which there is in effect an
election for the taxable year under Section 1362 of the
Internal Revenue Code, the taxable income of such corporation
determined in accordance with Section 1363(b) of the Internal
Revenue Code, except that taxable income shall take into
account those items which are required by Section 1363(b)(1)
of the Internal Revenue Code to be separately stated; and (ii)
a Subchapter S corporation for which there is in effect a
federal election to opt out of the provisions of the
Subchapter S Revision Act of 1982 and have applied instead the
prior federal Subchapter S rules as in effect on July 1, 1982,
the taxable income of such corporation determined in
accordance with the federal Subchapter S rules as in effect on
July 1, 1982; and
(H) Partnerships. In the case of a partnership, taxable
income determined in accordance with Section 703 of the
Internal Revenue Code, except that taxable income shall take
into account those items which are required by Section
703(a)(1) to be separately stated but which would be taken
into account by an individual in calculating his taxable
income.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount referred to
in subsections (a) (2) (G), (c) (2) (I) and (d)(2) (E) is an amount
equal to:
(A) The sum of the pre-August 1, 1969 appreciation
amounts (to the extent consisting of gain reportable under the
provisions of Section 1245 or 1250 of the Internal Revenue
Code) for all property in respect of which such gain was
reported for the taxable year; plus
(B) The lesser of (i) the sum of the pre-August 1, 1969
appreciation amounts (to the extent consisting of capital
gain) for all property in respect of which such gain was
reported for federal income tax purposes for the taxable year,
or (ii) the net capital gain for the taxable year, reduced in
99 [April 7, 2000]
either case by any amount of such gain included in the amount
determined under subsection (a) (2) (F) or (c) (2) (H).
(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property referred to in
paragraph (1) was readily ascertainable on August 1, 1969, the
pre-August 1, 1969 appreciation amount for such property is
the lesser of (i) the excess of such fair market value over
the taxpayer's basis (for determining gain) for such property
on that date (determined under the Internal Revenue Code as in
effect on that date), or (ii) the total gain realized and
reportable for federal income tax purposes in respect of the
sale, exchange or other disposition of such property.
(B) If the fair market value of property referred to in
paragraph (1) was not readily ascertainable on August 1, 1969,
the pre-August 1, 1969 appreciation amount for such property
is that amount which bears the same ratio to the total gain
reported in respect of the property for federal income tax
purposes for the taxable year, as the number of full calendar
months in that part of the taxpayer's holding period for the
property ending July 31, 1969 bears to the number of full
calendar months in the taxpayer's entire holding period for
the property.
(C) The Department shall prescribe such regulations as
may be necessary to carry out the purposes of this paragraph.
(g) Double deductions. Unless specifically provided otherwise,
nothing in this Section shall permit the same item to be deducted more
than once.
(h) Legislative intention. Except as expressly provided by this
Section there shall be no modifications or limitations on the amounts
of income, gain, loss or deduction taken into account in determining
gross income, adjusted gross income or taxable income for federal
income tax purposes for the taxable year, or in the amount of such
items entering into the computation of base income and net income under
this Act for such taxable year, whether in respect of property values
as of August 1, 1969 or otherwise.
(Source: P.A. 90-491, eff. 1-1-98; 90-717, eff. 8-7-98; 90-770, eff.
8-14-98; 91-192, eff. 7-20-99; 91-205, eff. 7-20-99; 91-357, eff.
7-29-99; 91-541, eff. 8-13-99; 91-676, eff. 12-23-99; revised 1-5-00.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 5. Amend House Bill 2980, AS AMENDED, by replacing
the title with the following:
"AN ACT in relation to employment."; and
by inserting after Section 90 the following:
"Section 95. The Workers' Compensation Act is amended by adding
Section 18.5 as follows:
(820 ILCS 305/18.5 new)
Sec. 18.5. Insurance fraud; employer's standing to seek disposal of
claim. After an employee has been convicted of an offense involving a
fraudulent workers' compensation claim, an employer has standing before
the Industrial Commission for the sole purpose of filing and seeking
disposal of the claim.
Section 96. The Workers' Occupational Diseases Act is amended by
adding Section 18.5 as follows:
(820 ILCS 310/18.5 new)
Sec. 18.5. Insurance fraud; employer's standing to seek disposal of
claim. After an employee has been convicted of an offense involving a
fraudulent claim under this Act, an employer has standing before the
Industrial Commission for the sole purpose of filing and seeking
disposal of the claim.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2, 4 and 5 to HOUSE BILL 2980 was placed on the Calendar
on the order of Concurrenc.
[April 7, 2000] 100
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 2991
A bill for AN ACT concerning business names.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2991.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2991 on page 1, by deleting
lines 9 through 14; and
on page 1, lines 15, 20, and 23, by replacing "(b)" each time it
appears with "(a)"; and
on page 1, line 25, by replacing "(c)" with "(b)"; and
on page 1, line 29, by replacing "(d)" with "(c)"; and
on page 5, line 26, by replacing "sign, or" with "sign or"; and
on page 5, line 27, by deleting "or telephone listing,"; and
on page 6, by deleting lines 18 through 23; and
on page 6, lines 24, 29, and 32, by replacing "(b)" each time it
appears with "(a)"; and
on page 7, line 2, by replacing "(c)" with "(b)"; and
on page 9, line 11, by replacing "sign, or" with "sign or"; and
on page 9, line 12, by deleting "or telephone listing,"; and
on page 10, by deleting lines 26 through 31; and
on page 10, line 32, by replacing "(b)" with "(a)"; and
on page on page 11, lines 4 and 7, by replacing "(b)" each time it
appears with "(a)"; and
on page 11, line 9, by replacing "(c)" with "(b)"; and
on page 13, by replacing line 33 with "forth any sign or
advertisement"; and
on page 14, by deleting lines 22 through 28; and
on page 14, line 29, by replacing "(b)" with "(a)"; and
on page 15, lines 1 and 4, by replacing "(b)" each time it appears with
"(a)"; and
on page 15, line 6, by replacing "(c)" with "(b)"; and
on page 15, line 9, by replacing "(d)" with "(c)"; and
on page 15, by deleting lines 22 through 30; and
on page 15, line 31, by replacing "(c)" with "(b)"; and
on page 16, lines 4, 7, and 9, by replacing "(c)" each time it appears
with "(b)"; and
on page 16, line 12, by replacing "(d)" with "(c)"; and
on page 16, by replacing lines 27 through 33 with "of the
partnership."; and
on page 19, by deleting lines 7 through 16; and
on page 19, lines 17, 22, and 25, by replacing "(b)" each time it
appears with "(a)"; and
on page 19, line 27, by replacing "(c)" with "(b)"; and
on page 19, line 30, by replacing "(d)" with "(c)"; and
on page 22, by deleting lines 1 through 7; and
on page 22, lines 8, 13, and 16, by replacing "(b)" each time it
appears with "(a)"; and
on page 22, line 18, by replacing "(c)" with "(b)"; and
on page 22, line 21, by replacing "(d)" with "(c)".
101 [April 7, 2000]
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2991 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3082
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 21-1.5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 3082.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 3082 on page 1, line 25 by
inserting after "Act." the following:
"For purposes of this subsection (b-5), an authorized package includes
a package previously authorized under the Illinois Hazardous Materials
Transportation Act.".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 3082 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3093
A bill for AN ACT concerning tree and soil conservation.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3093.
Senate Amendment No. 2 to HOUSE BILL NO. 3093.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3093 by replacing everything
after the enacting clause with the following:
"Section 5. The Department of Agriculture Law of the Civil
Administrative Code of Illinois is amended by adding Section 205-440 as
[April 7, 2000] 102
follows:
(20 ILCS 205/205-440 new)
Sec. 205-440. Tree buffer programs. The Department of Agriculture
shall (i) give guidance to organized buffer initiatives regarding the
State agencies and State resources of relevance to implementation of
the programs and (ii) aid in the promotion of and public dissemination
of information about organized buffer initiatives.
Section 10. The Rivers, Lakes, and Streams Act is amended by
changing Section 29a as follows:
(615 ILCS 5/29a) (from Ch. 19, par. 78)
Sec. 29a. Construction permits; maintenance and repairs; clear
cutting.
(a) After July 1, 1985, no person, State agency, or unit of local
government shall undertake construction in a public body of water or in
a stream without a permit from the Department of Natural Resources. No
permit shall be required in a stream which is not a public body of
water, draining less than one square mile in an urban area or less than
ten square miles in a rural area. No permits shall be required for
field tile systems, tile outlet structures, terraces, water and
sediment control basins, grade stabilization structures, or grassed
waterways which do not obstruct flood flows. Any artificially improved
stream channel, drainage ditch, levee, or pumping station existing in
serviceable condition on July 1, 1985 may be maintained and repaired to
preserve design capacity and function without a permit. Maintenance
and repair of improved channels, ditches or levees shall follow
accepted practices to reduce, as practical, scour, erosion,
sedimentation, escape of loose material and debris, disturbance of
adjacent trees and vegetation, and obstruction of flood flows.
(b) No person, State agency, or unit of local government, except
(i) a unit of local government with a population greater than 500,000
and (ii) a commercial or industrial facility, the operation of which
falls under the regulatory jurisdiction of the United States Army Corps
of Engineers or the United States Coast Guard under Section 10 of the
Federal Rivers and Harbors Act, may clear cut trees within 15 yards
of waters listed by the Department under Section 5 as navigable, except
as follows:
(1) for the purpose of improving, maintaining, repairing,
constructing, or reconstructing any highway, road, bridge, culvert,
drainage structure, drainage facility, or grade separation under
the jurisdiction of the Illinois Department of Transportation or
any municipality, public water facility, road district, highway
commissioner, or drainage district;
(2) for maintenance and improvement of drainage of or on
agricultural land; and
(3) for the purpose of improving, maintaining, repairing,
constructing, or reconstructing any facility for the distribution,
transmission, or generation of electricity.
For the purpose of this subsection, "clear cutting" means the
complete removal of mature or established trees covering an area of 400
square yards or more of which leaves less than 50% of the existing
forest cover. "Clear cutting" does not include any of the following:
(1) The removal of brush or woody debris.
(2) The selective cutting of diseased, dying, or dead trees.
(3) The selective cutting of individual trees for the purpose
of home construction.
(4) The selective cutting of individual trees that pose a
threat to private property.
(5) The clearing of trees for restoration purposes to
include:
(i) removal of non-native tree species and the
subsequent reestablishment of native tree species;
(ii) thinning of trees for the purposes of encouraging
the growth of preferential tree species;
(iii) restoration of wetlands, prairies, or other
natural areas that will not cause or contribute to streambank
destabilization.
103 [April 7, 2000]
(6) The removal of trees or woody vegetation pursuant to any
State or Federal conservation plan contracts, or when approved by
the U.S. Army Corps of Engineers and the Department.
The Department of Natural Resources may adopt rules for the
administration of this subsection and shall adopt rules permitting a
municipality with a population of 500,000 or less to petition the
Department of Natural Resources to permit clear cutting to accommodate
necessary socioeconomic development projects.
(Source: P.A. 89-445, eff. 2-7-96.)".
AMENDMENT NO. 2. Amend House Bill 3093, AS AMENDED, by inserting
below the last line of Section 5 the following:
"Section 7. The Property Tax Code is amended by adding Section
10-153 as follows:
(35 ILCS 200/10-153 new)
Sec. 10-153. Non-clear cut assessment. Land that (i) is not
located in a unit of local government with a population greater than
500,000, (ii) is located within 15 yards of waters listed by the
Department of Natural Resources under Section 5 of the Rivers, Lakes,
and Streams Act as navigable, and (iii) has not been clear cut of
trees, as defined in Section 29a of the Rivers, Lakes, and Streams Act,
shall be valued at 1/12th of its productivity index equalized assessed
value as cropland.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 3093 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3457
A bill for AN ACT to amend the Environmental Protection Act.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3457.
Senate Amendment No. 2 to HOUSE BILL NO. 3457.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3457 by replacing everything
after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 3.78a and 58.5 and by adding Section 58.17 as
follows:
(415 ILCS 5/3.78a)
Sec. 3.78a. "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars, bricks,
rock, stone, reclaimed asphalt pavement, or soil generated from
construction or demolition activities. Clean construction or demolition
debris does not include uncontaminated soil generated during
construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not
[April 7, 2000] 104
commingled with any clean construction or demolition debris or other
waste. To the extent allowed by federal law, clean construction or
demolition debris shall not be considered "waste" if it is when (i)
used as fill material below grade outside of a setback zone if covered
by sufficient uncontaminated soil to support vegetation within 30 days
of the completion of filling or if covered by a road or structure, or
(ii) separated or processed and returned to the economic mainstream in
the form of raw materials or products, if provided it is not
speculatively accumulated and, if used as a fill material, it is used
in accordance with item (i), or (iii) solely broken concrete without
protruding metal bars is used for erosion control, or (iv) generated
from the construction or demolition of a building, road, or other
structure and used to construct, on the site where the construction or
demolition has taken place, an above-grade manmade mound less than 20
feet in total height covered with sufficient soil materials to sustain
vegetation or by a road or structure, except no such mounds shall be
constructed within a home rule municipality with a population over
500,000.
(Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98.)
(415 ILCS 5/58.5)
Sec. 58.5. Risk-based remediation objectives.
(a) Determination of remediation objectives. This Section
establishes the procedures for determining risk-based remediation
objectives for sites subject to this Title.
(b) Background area remediation objectives.
(1) Except as provided in subdivisions (b)(2) or (b)(3) of
this Section, remediation objectives established under this Section
shall not require remediation of regulated substances to levels
that are less than area background levels.
(2) In the event that the concentration of a regulated
substance of concern on the site exceeds a remediation objective
adopted by the Board for residential land use, the property may not
be converted to residential use unless such remediation objective
or an alternate risk-based remediation objective for that regulated
substance of concern is first achieved.
(3) In the event that the Agency has determined in writing
that the background level for a regulated substance poses an acute
threat to human health or the environment at the site when
considering the post-remedial action land use, the RA shall
develop appropriate risk-based remediation objectives in accordance
with this Section.
(c) Regulations establishing remediation objectives and
methodologies for deriving remediation objectives for individual or
classes of regulated substances shall be adopted by the Board in
accordance with this Section and Section 58.11.
(1) The regulations shall provide for the adoption of a
three-tiered process for a RA to establish remediation objectives
protective of human health and the environment based on identified
risks and specific site characteristics at and around the site.
(2) The regulations shall provide procedures for using
alternative tiers in developing remediation objectives for multiple
regulated substances.
(3) The regulations shall provide procedures for determining
area background contaminant levels.
(4) The methodologies adopted under this Section shall ensure
that the following factors are taken into account in determining
remediation objectives:
(A) potential risks posed by carcinogens and
noncarcinogens; and
(B) the presence of multiple substances of concern and
multiple exposure pathways.
(d) In developing remediation objectives under subsection (c) of
this Section, the methodology proposed and adopted shall establish
tiers addressing manmade and natural pathways of exposure, including
but not limited to human ingestion, human inhalation, and groundwater
protection. For carcinogens, soil and groundwater remediation
105 [April 7, 2000]
objectives shall be established at exposures that represent an excess
upper-bound lifetime risk of between 1 in 10,000 and 1 in 1,000,000 as
appropriate for the post-remedial action use, except that remediation
objectives protecting residential use shall be based on exposures that
represent an excess upper-bound lifetime risk of 1 in 1,000,000. No
groundwater remediation objective adopted pursuant to this Section
shall be more restrictive than the applicable Class I or Class III
Groundwater Quality Standard adopted by the Board. At a minimum, the
objectives shall include the following:
(1) Tier I remediation objectives expressed as a table of
numeric values for soil and groundwater. Such objectives may be of
different values dependent on potential pathways at the site and
different land uses, including residential and nonresidential uses.
(2) Tier II remediation objectives shall include the formulae
and equations used to derive the Tier II objectives and input
variables for use in the formulae. The RA may alter the input
variables when it is demonstrated that the specific circumstances
at and around the site including land uses warrant such alternate
variables.
(3) Tier III remediation objectives shall include
methodologies to allow for the development of site-specific
risk-based remediation objectives for soil or groundwater, or both,
for regulated substances. Such methodology shall allow for
different remediation objectives for residential and various
categories of non-residential land uses. The Board's future
adoption of a methodology pursuant to this Section shall in no way
preclude the use of a nationally recognized methodology to be used
for the development of site-specific risk-based objectives for
regulated substances under this Section. In determining Tier III
remediation objectives under this subsection, all of the following
factors shall be considered:
(A) The use of specific site characteristic data.
(B) The use of appropriate exposure factors for the
current and currently planned future land use of the site and
adjacent property and the effectiveness of engineering,
institutional, or legal controls placed on the current or
future use of the site.
(C) The use of appropriate statistical methodologies to
establish statistically valid remediation objectives.
(D) The actual and potential impact of regulated
substances to receptors.
(4) For regulated substances that have a groundwater quality
standard established pursuant to the Illinois Groundwater
Protection Act and rules promulgated thereunder, site specific
groundwater remediation objectives may be proposed under the
methodology established in subdivision (d) (3) of this Section at
values greater than the groundwater quality standards.
(A) The RA proposing any site specific groundwater
remediation objective at a value greater than the applicable
groundwater quality standard shall demonstrate:
(i) To the extent practical, the exceedance of the
groundwater quality standard has been minimized and
beneficial use appropriate to the groundwater that was
impacted has been returned; and
(ii) Any threat to human health or the environment
has been minimized.
(B) The rules proposed by the Agency and adopted by the
Board under this Section shall include criteria required for
the demonstration of the suitability of groundwater objectives
proposed under subdivision (b) (4) (A) of this Section.
(e) The rules proposed by the Agency and adopted by the Board
under this Section shall include conditions for the establishment and
duration of groundwater management zones by rule, as appropriate, at
sites undergoing remedial action under this Title.
(f) Until such time as the Board adopts remediation objectives
under this Section, the remediation objectives adopted by the Board
[April 7, 2000] 106
under Title XVI of this Act shall apply to all environmental
assessments and soil or groundwater remedial action conducted under
this Title.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-626, eff.
8-9-96.)
(415 ILCS 5/58.17 new)
Sec. 58.17. Environmental Land Use Control. No later than 2
months after the effective date of this amendatory Act of the 91st
General Assembly, the Agency, after consideration of the
recommendations of the Regulations and Site Remediation Advisory
Committee, shall propose rules creating an instrument to be known as
the Environmental Land Use Control (ELUC). Within 6 months after
receipt of the Agency's proposed rules, the Board shall adopt, pursuant
to Section 27 and 28 of this Act, rules creating the ELUC that
establish land use limitations or obligations on the use of real
property when necessary to manage risk to human health or the
environment arising from contamination left in place pursuant to the
procedures set forth in Section 58.5 of this Act or 35 Ill. Adm. Code
742. The rules shall include provisions addressing establishment,
content, recording, duration, and enforcement of ELUCs.".
AMENDMENT NO. 2. Amend House Bill 3457, AS AMENDED, with reference
to page and line numbers of Senate Amendment No. 1, on page 2, by
replacing lines 10 through 14 with the following:
"area shaped so as to blend into an extension of the surrounding
topography or an above-grade manmade functional structure not to exceed
20 feet in height, provided that the area or structure shall be covered
with sufficient soil materials to sustain vegetation or by a road or
structure, and further provided that no such area or structure shall be
constructed within a home rule municipality with a population over
500,000.";and
on page 7, in line 1, by replacing "ELUCs." with the following:
"ELUCs.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 3457 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3455
A bill for AN ACT to amend the Environmental Health Practitioner
Licensing Act.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 3455.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 3455, on page 2, by replacing
lines 24 through 27 with the following:
107 [April 7, 2000]
"3-year term. No member may serve more than 2 consecutive terms.".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 3455 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3465
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 26-4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3465.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3465 on page 1, line 13, by
inserting "and secretly" after "knowingly".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3465 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3476
A bill for AN ACT to amend the Motor Fuel Tax Law by changing
Section 8.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3476.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3476 as follows:
on page 1, by replacing lines 1 and 2 with the following:
"AN ACT in relation to railroad pedestrian walkways."; and
on page 2, line 22, after "Code.", by inserting the following:
"The Commission shall not order more than $2,000,000 per year in Grade
[April 7, 2000] 108
Crossing Protection Fund moneys for pedestrian walkways."; and
on page 8, below line 18, by inserting the following:
"Section 10. The Illinois Vehicle Code is amended by changing
Section 18c-7401 as follows:
(625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)
Sec. 18c-7401. Safety Requirements for Track, Facilities, and
Equipment.
(1) General Requirements. Each rail carrier shall, consistent with
rules, orders, and regulations of the Federal Railroad Administration,
construct, maintain, and operate all of its equipment, track, and other
property in this State in such a manner as to pose no undue risk to its
employees or the person or property of any member of the public.
(2) Adoption of Federal Standards. The track safety standards and
accident/incident standards promulgated by the Federal Railroad
Administration shall be safety standards of the Commission. The
Commission may, in addition, adopt by reference in its regulations
other federal railroad safety standards, whether contained in federal
statutes or in regulations adopted pursuant to such statutes.
(3) Railroad Crossings. No public road, highway, or street shall
hereafter be constructed across the track of any rail carrier at grade,
nor shall the track of any rail carrier be constructed across a public
road, highway or street at grade, without having first secured the
permission of the Commission; provided, that this Section shall not
apply to the replacement of lawfully existing roads, highways and
tracks. No public pedestrian bridge or subway shall be constructed
across the track of any rail carrier without having first secured the
permission of the Commission. The Commission shall have the right to
refuse its permission or to grant it upon such terms and conditions as
it may prescribe. The Commission shall have power to determine and
prescribe the manner, including the particular point of crossing, and
the terms of installation, operation, maintenance, use and protection
of each such crossing.
The Commission shall also have power, after a hearing, to require
major alteration of or to abolish any crossing, heretofore or hereafter
established, when in its opinion, the public safety requires such
alteration or abolition, and, except in cities, villages and
incorporated towns of 1,000,000 or more inhabitants, to vacate and
close that part of the highway on such crossing altered or abolished
and cause barricades to be erected across such highway in such manner
as to prevent the use of such crossing as a highway, when, in the
opinion of the Commission, the public convenience served by the
crossing in question is not such as to justify the further retention
thereof; or to require a separation of grades, at railroad-highway
grade such crossings; or to require a separation of grades at any
proposed crossing where a proposed public highway may cross the tracks
of any rail carrier or carriers; and to prescribe, after a hearing of
the parties, the terms upon which such separations shall be made and
the proportion in which the expense of the alteration or abolition of
such crossings or the separation of such grades, having regard to the
benefits, if any, accruing to the rail carrier or any party in
interest, shall be divided between the rail carrier or carriers
affected, or between such carrier or carriers and the State, county,
municipality or other public authority in interest. However, a public
hearing by the Commission to abolish a crossing shall not be required
when the public highway authority in interest vacates the highway. In
such instance the rail carrier, following notification to the
Commission and the highway authority, shall remove any grade crossing
warning devices and the grade crossing surface.
The Commission shall also have power by its order to require the
reconstruction, minor alteration, minor relocation or improvement of
any crossing (including the necessary highway approaches thereto) of
any railroad across any highway or public road, pedestrian bridge, or
pedestrian subway, whether such crossing be at grade or by overhead
structure or by subway, whenever the Commission finds after a hearing
or without a hearing as otherwise provided in this paragraph that such
reconstruction, alteration, relocation or improvement is necessary to
109 [April 7, 2000]
preserve or promote the safety or convenience of the public or of the
employees or passengers of such rail carrier or carriers. By its
original order or supplemental orders in such case, the Commission may
direct such reconstruction, alteration, relocation, or improvement to
be made in such manner and upon such terms and conditions as may be
reasonable and necessary and may apportion the cost of such
reconstruction, alteration, relocation or improvement and the
subsequent maintenance thereof, having regard to the benefits, if any,
accruing to the railroad or any party in interest, between the rail
carrier or carriers and public utilities affected, or between such
carrier or carriers and public utilities and the State, county,
municipality or other public authority in interest. The cost to be so
apportioned shall include the cost of changes or alterations in the
equipment of public utilities affected as well as the cost of the
relocation, diversion or establishment of any public highway, made
necessary by such reconstruction, alteration, relocation or improvement
of said crossing. A hearing shall not be required in those instances
when the Commission enters an order confirming a written stipulation in
which the Commission, the public highway authority or other public
authority in interest, the rail carrier or carriers affected, and in
instances involving the use of the Grade Crossing Protection Fund, the
Illinois Department of Transportation, agree on the reconstruction,
alteration, relocation, or improvement and the subsequent maintenance
thereof and the division of costs of such changes of any grade crossing
(including the necessary highway approaches thereto) of any railroad
across any highway, pedestrian bridge, or pedestrian subway.
Every rail carrier operating in the State of Illinois shall
construct and maintain every highway crossing over its tracks within
the State so that the roadway at the intersection shall be as flush
with the rails as superelevated curves will allow, and, unless
otherwise ordered by the Commission, shall construct and maintain the
approaches thereto at a grade of not more than 5% within the right of
way for a distance of not less the 6 feet on each side of the
centerline of such tracks; provided, that the grades at the approaches
may be maintained in excess of 5% only when authorized by the
Commission.
Every rail carrier operating within this State shall remove from
its right of way at all railroad-highway grade crossings within the
State, such brush, shrubbery, and trees as is reasonably practical for
a distance of not less than 500 feet in either direction from each
grade crossing. The Commission shall have power, upon its own motion,
or upon complaint, and after having made proper investigation, to
require the installation of adequate and appropriate luminous
reflective warning signs, luminous flashing signals, crossing gates
illuminated at night, or other protective devices in order to promote
and safeguard the health and safety of the public. Luminous flashing
signal or crossing gate devices installed at grade crossings, which
have been approved by the Commission, shall be deemed adequate and
appropriate. The Commission shall have authority to determine the
number, type, and location of such signs, signals, gates, or other
protective devices which, however, shall conform as near as may be with
generally recognized national standards, and the Commission shall have
authority to prescribe the division of the cost of the installation and
subsequent maintenance of such signs, signals, gates, or other
protective devices between the rail carrier or carriers, the public
highway authority or other public authority in interest, and in
instances involving the use of the Grade Crossing Protection Fund, the
Illinois Department of Transportation.
No railroad may change or modify the warning device system at a
railroad-highway grade crossing, including warning systems
interconnected with highway traffic control signals, without having
first received the approval of the Commission. The Commission shall
have the further power, upon application, upon its own motion, or upon
complaint and after having made proper investigation, to require the
interconnection of grade crossing warning devices with traffic control
signals at highway intersections located at or near railroad crossings
[April 7, 2000] 110
within the distances described by the State Manual on Uniform Traffic
Control Devices adopted pursuant to Section 11-301 of this Code. In
addition, State and local authorities may not install, remove,
modernize, or otherwise modify traffic control signals at a highway
intersection that is interconnected or proposed to be interconnected
with grade crossing warning devices when the change affects the number,
type, or location of traffic control devices on the track approach leg
or legs of the intersection or the timing of the railroad preemption
sequence of operation until the Commission has approved the
installation, removal, modernization, or modification. Commission
approval shall be limited to consideration of issues directly affecting
the public safety at the railroad-highway grade crossing. The
electrical circuit devices, alternate warning devices, and preemption
sequences shall conform as nearly as possible, considering the
particular characteristics of the crossing and intersection area, to
the State manual adopted by the Illinois Department of Transportation
pursuant to Section 11-301 of this Code and such federal standards as
are made applicable by subsection (2) of this Section. In order to
carry out this authority, the Commission shall have the authority to
determine the number, type, and location of traffic control devices on
the track approach leg or legs of the intersection and the timing of
the railroad preemption sequence of operation. The Commission shall
prescribe the division of costs for installation and maintenance of all
devices required by this paragraph between the railroad or railroads
and the highway authority in interest and in instances involving the
use of the Grade Crossing Protection Fund or a State highway, the
Illinois Department of Transportation.
Any person who unlawfully or maliciously removes, throws down,
damages or defaces any sign, signal, gate or other protective device,
located at or near any public grade crossing, shall be guilty of a
petty offense and fined not less than $50 nor more than $200 for each
offense. In addition to fines levied under the provisions of this
Section a person adjudged guilty hereunder may also be directed to make
restitution for the costs of repair or replacement, or both,
necessitated by his misconduct.
It is the public policy of the State of Illinois to enhance public
safety by establishing safe grade crossings. In order to implement
this policy, the Illinois Commerce Commission is directed to conduct
public hearings and to adopt specific criteria by July 1, 1994, that
shall be adhered to by the Illinois Commerce Commission in determining
if a grade crossing should be opened or abolished. The following
factors shall be considered by the Illinois Commerce Commission in
developing the specific criteria for opening and abolishing grade
crossings:
(a) timetable speed of passenger trains;
(b) distance to an alternate crossing;
(c) accident history for the last 5 years;
(d) number of vehicular traffic and posted speed limits;
(e) number of freight trains and their timetable speeds;
(f) the type of warning device present at the grade crossing;
(g) alignments of the roadway and railroad, and the angle of
intersection of those alignments;
(h) use of the grade crossing by trucks carrying hazardous
materials, vehicles carrying passengers for hire, and school buses;
and
(i) use of the grade crossing by emergency vehicles.
The Illinois Commerce Commission, upon petition to open or abolish
a grade crossing, shall enter an order opening or abolishing the
crossing if it meets the specific criteria adopted by the Commission.
Except as otherwise provided in this subsection (3), in no instance
shall a grade crossing be permanently closed without public hearing
first being held and notice of such hearing being published in an area
newspaper of local general circulation.
(4) Freight Trains - Radio Communications. The Commission shall
after hearing and order require that every main line railroad freight
train operating on main tracks outside of yard limits within this State
111 [April 7, 2000]
shall be equipped with a radio communication system. The Commission
after notice and hearing may grant exemptions from the requirements of
this Section as to secondary and branch lines.
(5) Railroad Bridges and Trestles - Walkway and Handrail. In cases
in which the Commission finds the same to be practical and necessary
for safety of railroad employees, bridges and trestles, over and upon
which railroad trains are operated, shall include as a part thereof, a
safe and suitable walkway and handrail on one side only of such bridge
or trestle, and such handrail shall be located at the outer edge of the
walkway and shall provide a clearance of not less than 8 feet, 6
inches, from the center line of the nearest track, measured at right
angles thereto.
(6) Packages Containing Articles for First Aid to Injured on
Trains. All rail carriers shall provide a package containing the
articles prescribed by the Commission, on each train or engine, for
first aid to persons who may be injured in the course of the operation
of such trains.
(7) Abandoned Bridges, Crossings, and Other Rail Plant. The
Commission shall have authority, after notice and hearing, to order:
(a) The removal of any abandoned railroad tracks from roads,
streets or other thoroughfares in this State; and
(b) The removal of abandoned overhead railroad structures
crossing highways, waterways, or railroads.
The Commission may equitably apportion the cost of such actions
between the rail carrier or carriers, public utilities, and the State,
county, municipality, township, road district, or other public
authority in interest.
(8) Railroad-Highway Bridge Clearance. A vertical clearance of
not less than 23 feet above the top of rail shall be provided for all
new or reconstructed highway bridges constructed over a railroad track.
The Commission may permit a lesser clearance if it determines that the
23 foot clearance standard cannot be justified based on engineering,
operational, and economic conditions.
(Source: P.A. 89-699, eff. 1-16-97; 90-691, eff. 1-1-99.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3476 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3588
A bill for AN ACT in relation to health care.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3588.
Senate Amendment No. 2 to HOUSE BILL NO. 3588.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3588 on page 1, immediately
below line 9, by inserting the following:
[April 7, 2000] 112
"Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 3588, AS AMENDED, by replacing
the title with the following:
"AN ACT concerning health care facilities."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Health Facilities Planning Act is amended
by changing Section 3 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Text of Section before amendment by P.A. 91-656)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center Act;
2. An institution, place, building, or agency required to be
licensed pursuant to the Hospital Licensing Act;
3. Any institution required to be licensed pursuant to the
Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or spiritual
means.
No facility licensed under the Supportive Residences Licensing Act
shall be subject to the provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to the
provisions of this Act.
This Act does not apply to facilities granted waivers under Section
3-102.2 of the Nursing Home Care Act. However, if a demonstration
project under that Act applies for a certificate of need to convert to
a nursing facility, it shall meet the licensure and certificate of need
requirements in effect as of the date of application.
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician or
other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians or
other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility under
contract with such health care facility by a physician or by other
licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of such
contracted portion which is subject to facility licensing requirements,
irrespective of the party responsible for such action or attendant
financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or ever
113 [April 7, 2000]
has been a member of the immediate family of the person defined by (a),
(b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health care
facility, or the purchase or acquisition by or through a health care
facility of equipment or service for diagnostic or therapeutic purposes
or for facility administration or operation, or any capital expenditure
made by or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any expenditure made by or on
behalf of a health care facility for the development, operation, or
both of a facility licensed under the Assisted Living and Shared
Housing Act is exempt from any State Board review.
"Establish" means the construction of a health care facility or the
replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used for
the provision of medical and other health services and which costs in
excess of the capital expenditure minimum, except that such term does
not include medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a hospital and it
has been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section 1861(s) of
such Act. In determining whether medical equipment has a value in
excess of the capital expenditure minimum, the value of studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment shall be
included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in this
Act); and (B) which under generally accepted accounting principles is
not properly chargeable as an expense of operation and maintenance, or
is made to obtain by lease or comparable arrangement any facility or
part thereof or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
review.
"Capital expenditure minimum" means $1,000,000 for major medical
equipment and $2,000,000 for all other capital expenditures, both of
which shall be annually adjusted to reflect the increase in
construction costs due to inflation.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used synonymously
with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used synonymously
with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any successor
[April 7, 2000] 114
agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance with
the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of the
State of Illinois.
"Director" means the Director of the Illinois Department of Public
Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff.
7-1-97.)
(Text of Section after amendment by P.A. 91-656)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center Act;
2. An institution, place, building, or agency required to be
licensed pursuant to the Hospital Licensing Act;
3. Skilled and intermediate long term care facilities
licensed under the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or spiritual
means.
No facility licensed under the Supportive Residences Licensing Act
or the Assisted Living and Shared Housing Act shall be subject to the
provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to the
provisions of this Act.
This Act does not apply to facilities granted waivers under Section
3-102.2 of the Nursing Home Care Act. However, if a demonstration
project under that Act applies for a certificate of need to convert to
a nursing facility, it shall meet the licensure and certificate of need
requirements in effect as of the date of application.
This Act shall not apply to the closure of an entity or a portion
of an entity licensed under the Nursing Home Care Act that elects to
convert, in whole or in part, to an assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing
Establishment Act.
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician or
other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians or
other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility under
115 [April 7, 2000]
contract with such health care facility by a physician or by other
licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of such
contracted portion which is subject to facility licensing requirements,
irrespective of the party responsible for such action or attendant
financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or ever
has been a member of the immediate family of the person defined by (a),
(b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health care
facility, or the purchase or acquisition by or through a health care
facility of equipment or service for diagnostic or therapeutic purposes
or for facility administration or operation, or any capital expenditure
made by or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any expenditure made by or on
behalf of a health care facility for the development, operation, or
both of a facility licensed under the Assisted Living and Shared
Housing Act is exempt from any State Board review.
"Establish" means the construction of a health care facility or the
replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used for
the provision of medical and other health services and which costs in
excess of the capital expenditure minimum, except that such term does
not include medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a hospital and it
has been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section 1861(s) of
such Act. In determining whether medical equipment has a value in
excess of the capital expenditure minimum, the value of studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment shall be
included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in this
Act); and (B) which under generally accepted accounting principles is
not properly chargeable as an expense of operation and maintenance, or
is made to obtain by lease or comparable arrangement any facility or
part thereof or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
[April 7, 2000] 116
review.
"Capital expenditure minimum" means $1,000,000 for major medical
equipment and $2,000,000 for all other capital expenditures, both of
which shall be annually adjusted to reflect the increase in
construction costs due to inflation.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used synonymously
with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used synonymously
with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any successor
agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance with
the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of the
State of Illinois.
"Director" means the Director of the Illinois Department of Public
Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
(Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text that is
not yet or no longer in effect (for example, a Section represented by
multiple versions), the use of that text does not accelerate or delay
the taking effect of (i) the changes made by this Act or (ii)
provisions derived from any other Public Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 3588 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3621
A bill for AN ACT in relation to tobacco settlement proceeds.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
117 [April 7, 2000]
Senate Amendment No. 1 to HOUSE BILL NO. 3621.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3621 by replacing everything
after the enacting clause with the following:
"Section 5. The Attorneys Lien Act is amended by changing Section
1 and adding Section 2 as follows:
(770 ILCS 5/1) (from Ch. 13, par. 14)
Sec. 1. Except as provided in Section 2, attorneys at law shall
have a lien upon all claims, demands and causes of action, including
all claims for unliquidated damages, which may be placed in their hands
by their clients for suit or collection, or upon which suit or action
has been instituted, for the amount of any fee which may have been
agreed upon by and between such attorneys and their clients, or, in the
absence of such agreement, for a reasonable fee, for the services of
such suits, claims, demands or causes of action, plus costs and
expenses. To enforce such lien, such attorneys shall serve notice in
writing, which service may be made by registered or certified mail,
upon the party against whom their clients may have such suits, claims
or causes of action, claiming such lien and stating therein the
interest they have in such suits, claims, demands or causes of action.
Such lien shall attach to any verdict, judgment or order entered and to
any money or property which may be recovered, on account of such suits,
claims, demands or causes of action, from and after the time of service
of the notice. On petition filed by such attorneys or their clients
any court of competent jurisdiction shall, on not less than 5 days'
notice to the adverse party, adjudicate the rights of the parties and
enforce the lien.
(Source: P.A. 86-1156; 87-425.)
(770 ILCS 5/2 new)
Sec. 2. Tobacco settlement agreement.
(a) In this Section, "tobacco settlement agreement" means the
Master Settlement Agreement in the case of People of the State of
Illinois v. Philip Morris et al. (Circuit Court of Cook County, No.
96-L13146). The term also includes any settlement with or judgment
against a tobacco product manufacturer not participating in that Master
Settlement Agreement, if the settlement or judgment is in satisfaction
of a released claim as that term is defined in the Master Settlement
Agreement.
(b) This Act does not apply to any claim, demand, cause of action,
or action that results in a tobacco settlement agreement. A lien is
not created under this Act for the whole or any part of the amount of
any fee that may have been agreed upon by and between an attorney and
his or her client with respect to such a claim, demand, cause of
action, or action, regardless of whether a notice claiming such a lien
is served before, on, or after the effective date of this amendatory
Act of the 91st General Assembly. A lien does not attach under this
Act to any settlement or judgment that is the subject of a tobacco
settlement agreement, nor does a lien attach under this Act to any
money or property recovered pursuant to such a settlement or judgment,
regardless of whether a notice claiming such a lien is served before,
on, or after the effective date of this amendatory Act of the 91st
General Assembly.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3621 was placed on the Calendar on the order of
Concurrenc.
[April 7, 2000] 118
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3756
A bill for AN ACT in relation to pensions.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3756.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3756 by replacing the title with
the following:
"AN ACT in relation to public employee benefits."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by changing
Section 17-142.1 as follows:
(40 ILCS 5/17-142.1) (from Ch. 108 1/2, par. 17-142.1)
Sec. 17-142.1. To defray health insurance costs. To provide for
the partial reimbursement of health insurance costs.
(1) On the first day of September of each year, beginning in 1988,
the Board may, by separate warrant, pay to each recipient of a service
retirement, disability retirement or survivor's pension an amount to be
determined by the Board, which shall represent partial reimbursement
for the cost of the recipient's health insurance coverage.
(2) In lieu of the annual payment authorized in subdivision (1),
for pensioners enrolled in the Fund's regular health care deduction
plans, the Fund may pay the health insurance premium reimbursement on a
monthly rather than annual basis, at the percentage rate established
from time to time by the Board. If the Board so directs, these monthly
payments may be made in the form of a direct payment of premium and a
reduction in the amount deducted from the annuity, rather than in the
form of reimbursement by separate warrant.
(3) Total payments under this Section in any year may not exceed
$40,000,000 $25,000,000 plus any amount that was authorized to be paid
under this Section in the preceding year but was not actually paid by
the Board.
(Source: P.A. 90-566, eff. 1-2-98.)
Section 90. The State Mandates Act is amended by adding Section
8.24 as follows:
(30 ILCS 805/8.24 new)
Sec. 8.24. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
91st General Assembly.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3756 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
119 [April 7, 2000]
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3928
A bill for AN ACT concerning factory built housing.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3928.
Senate Amendment No. 2 to HOUSE BILL NO. 3928.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3928 as follows:
on page 4, line 7, by replacing "10" with "11"; and
on page 4, line 15, by deleting "and"; and
on page 4, by replacing line 17 with the following:
"homes; and (ix) one individual who works with consumer financing.";
and
on page 5, by replacing lines 4 through 15 with the following:
"(f) The Department must promulgate rules to implement this Act.
Section 45. Penalties. The Department may revoke a license issued
under this Act for a period not to exceed 6 months. A licensee is
entitled to a hearing in accordance with the Illinois Administrative
Procedure Act prior to a revocation of license.
Section 50. Injunctive relief. If the Department finds that any
installer or manufacturer is operating without a valid license, the
Director of the Department may request that the Attorney General file a
complaint in circuit court in the name of the People of the State of
Illinois to enjoin that installer or manufacturer from engaging in
unlicensed activities.
Section 55. Exemption. This Act does not apply to an individual
who chooses to install his or her own manufactured home on private
agricultural land which that individual owns. Such an individual
waives any rights he or she otherwise has under this Act.
Section 60. Exclusive State power or function. It is declared to
be the public policy of this State, pursuant to paragraph (h) of
Section 6 of Article VII of the Illinois Constitution of 1970, that any
power or function set forth in this Act to be exercised by the State is
an exclusive State power or function. Such power or function shall not
be exercised concurrently, either directly or indirectly, by any unit
of local government, including home rule units, except as otherwise
provided in this Act.
Section 99. Effective date. This Act takes effect January 1,
2001.".
AMENDMENT NO. 2. Amend House Bill 3928, AS AMENDED, as follows:
in Section 40, subsection (c), the second sentence, by replacing "must
comprise 11 members" with "must comprise 9 members"; and
in Section 40, subsection (c), the second sentence, by replacing "(vi)
one licensed installer; (vii) one licensed manufacturer; (viii) one
building official familiar with the installation of mobile homes; and
(ix) one individual who works with consumer financing." with the
following:
"(vi) one licensed installer; and (vii) one licensed manufacturer. Each
individual described in items (iv), (v), (vi), and (vii) must be active
members of either the Illinois Manufactured Housing Association or the
[April 7, 2000] 120
Illinois Housing Institute."; and
in Section 40, subsection (e), by deleting "3 members of the Board upon
delivery of a written notice to"; and
in Section 45, in the first sentence following the Section heading, by
inserting "for a violation of this Act" after "6 months"; and
in Section 60, in the first sentence following the Section heading, by
replacing "It" with the following:
"Except as provided in Section 65, it"; and
in Section 60, in the last sentence, by inserting "to which this Act
applies" after "unit of local government"; and
by inserting after Section 60 the following:
"Section 65. Applicability. This Act does not apply to home rule
municipalities with a population in excess of 1,000,000.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 3928 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 3929
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-6.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 3929.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 3929 on page 7, line 13 by
inserting after "clerk" the following:
"after court costs are recovered by the clerk".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 3929 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4045
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-9.3 and 11-9.4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
121 [April 7, 2000]
Senate Amendment No. 1 to HOUSE BILL NO. 4045.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4045 on page 4, line 22 and page
9, line 18 by changing ""Sex" each time it appears to "Except as
otherwise provided in paragraph (2.5), "sex"; and
on page 5, by inserting between lines 31 and 32 and on page 10, by
inserting between lines 28 and 29 the following:
"(2.5) For the purposes of subsection (b-5) only, a sex
offense means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding and
abetting child abduction under Section 10-5(b)(10)), 11-6
(indecent solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-15.1 (soliciting for a
juvenile prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child pornography),
12-14.1 (predatory criminal sexual assault of a child),
or 12-33 (ritualized abuse of a child). An attempt to
commit any of these offenses.
(ii) A violation of any of the following Sections of the
Criminal Code of 1961, when the victim is a person under 18
years of age: 12-13 (criminal sexual assault), 12-14
(aggravated criminal sexual assault), 12-16 (aggravated
criminal sexual abuse), and subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961, when the victim is a person under
18 years of age and the defendant is not a parent of the
victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4045 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4124
A bill for AN ACT in relation to corrections.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
[April 7, 2000] 122
Senate Amendment No. 1 to HOUSE BILL NO. 4124.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4124 on page 1, by deleting
lines 4 through 24; and
on page 1, line 26, by replacing "3-2-6," with "3-6-2,"; and
on page 2, by replacing lines 18 through 29 with the following:
"(c) The Department shall create a gang intelligence unit under
the supervision of the Director. The unit shall be specifically
designed to gather information regarding the inmate gang population,
monitor the activities of gangs, and prevent the furtherance of gang
activities through the development and implementation of policies aimed
at deterring gang activity. The Director shall appoint a Corrections
Intelligence Coordinator.
All information collected and maintained by the unit shall be
highly confidential, and access to that information shall be restricted
by the Department. The information shall be used to control and limit
the activities of gangs within correctional institutions under the
jurisdiction of the Illinois Department of Corrections and may be
shared with other law enforcement agencies in order to curb gang
activities outside of correctional institutions under the jurisdiction
of the Department and to assist in the investigations and prosecutions
of gang activity. The Department shall establish and promulgate rules
governing the release of information to outside law enforcement
agencies. Due to the highly sensitive nature of the information, the
information is exempt from requests for disclosure under the Freedom of
Information Act as the information contained is highly confidential and
may be harmful if disclosed.
The Department shall file an annual report with the General
Assembly on the profile of the inmate population associated with gangs,
gang-related activity within correctional institutions under the
jurisdiction of the Department, and an overall status of the unit as it
relates to its function and performance."; and
on page 2, by deleting lines 31 through 33; and
by deleting all of pages 3 and 4; and
on page 5, by replacing lines 1 and 2 with the following:
"(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by the
Director. A chief administrative officer shall be responsible for all
persons assigned to the institution or facility. The chief
administrative officer shall administer the programs of the Department
for the custody and treatment of such persons.
(b) The chief administrative officer shall have such assistants as
the Department may assign.
(c) The Director or Assistant Director shall have the emergency
powers to temporarily transfer individuals without formal procedures to
any State, county, municipal or regional correctional or detention
institution or facility in the State, subject to the acceptance of such
receiving institution or facility, or to designate any reasonably
secure place in the State as such an institution or facility and to
make transfers thereto. However, transfers made under emergency powers
shall be reviewed as soon as practicable under Article 8, and shall be
subject to Section 5-905 of the Juvenile Court Act of 1987. This
Section shall not apply to transfers to the Department of Human
Services which are provided for under Section 3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to attain the
achievement level equivalent to the completion of the twelfth grade in
the public school system in this State. Other higher levels of
123 [April 7, 2000]
attainment shall be encouraged and professional instruction shall be
maintained wherever possible. The Department may establish programs of
mandatory education and may establish rules and regulations for the
administration of such programs. A person committed to the Department
who, during the period of his or her incarceration, participates in an
educational program provided by or through the Department and through
that program is awarded or earns the number of hours of credit required
for the award of an associate, baccalaureate, or higher degree from a
community college, college, or university located in Illinois shall
reimburse the State, through the Department, for the costs incurred by
the State in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that degree.
The costs for which reimbursement is required under this subsection
shall be determined and computed by the Department under rules and
regulations that it shall establish for that purpose. However,
interest at the rate of 6% per annum shall be charged on the balance of
those costs from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release constituting
a final termination of his or her commitment to the Department until
paid.
(e) A person committed to the Department who becomes in need of
medical or surgical treatment but is incapable of giving consent
thereto shall receive such medical or surgical treatment by the chief
administrative officer consenting on the person's behalf. Before the
chief administrative officer consents, he or she shall obtain the
advice of one or more physicians licensed to practice medicine in all
its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is required
relative to a condition threatening to cause death, damage or
impairment to bodily functions, or disfigurement; and
(2) that the person is not capable of giving consent to such
treatment; the chief administrative officer may give consent for
such medical or surgical treatment, and such consent shall be
deemed to be the consent of the person for all purposes, including,
but not limited to, the authority of a physician to give such
treatment.
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility, the person
may be removed therefrom under conditions prescribed by the Department.
The Department shall require the committed person receiving medical or
dental services on a non-emergency basis to pay a $2 co-payment to the
Department for each visit for medical or dental services at a place
other than the institution or facility. The amount of each co-payment
shall be deducted from the committed person's individual account. A
committed person who has a chronic illness, as defined by Department
rules and regulations, shall be exempt from the $2 co-payment for
treatment of the chronic illness. A committed person shall not be
subject to a $2 co-payment for follow-up visits ordered by a physician,
who is employed by, or contracts with, the Department. A committed
person who is indigent is exempt from the $2 co-payment and is entitled
to receive medical or dental services on the same basis as a committed
person who is financially able to afford the co-payment.
(g) Any person having sole custody of a child at the time of
commitment or any woman giving birth to a child after her commitment,
may arrange through the Department of Children and Family Services for
suitable placement of the child outside of the Department of
Corrections. The Director of the Department of Corrections may
determine that there are special reasons why the child should continue
in the custody of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility Services
which may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
[April 7, 2000] 124
separately or together, preceding the inmate's release; and
(6) a prerelease reunification staffing involving the family
advocate, the inmate and the child's counselor, or both and the
inmate.
(i) Prior to the release of any inmate who has a documented
history of intravenous drug use, and upon the receipt of that inmate's
written informed consent, the Department shall provide for the testing
of such inmate for infection with human immunodeficiency virus (HIV)
and any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under this subsection shall
consist of an enzyme-linked immunosorbent assay (ELISA) test or such
other test as may be approved by the Illinois Department of Public
Health. If the test result is positive, the Western Blot Assay or more
reliable confirmatory test shall be administered. All inmates tested in
accordance with the provisions of this subsection shall be provided
with pre-test and post-test counseling. Notwithstanding any provision
of this subsection to the contrary, the Department shall not be
required to conduct the testing and counseling required by this
subsection unless sufficient funds to cover all costs of such testing
and counseling are appropriated for that purpose by the General
Assembly.
(Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97; 90-14, eff.
7-1-97; 90-590, eff. 1-1-99.)"; and
on page 6, by replacing lines 17 through 20 with the following:
"contact visits. Any committed person found in possession of illegal
drugs or who fails a drug test shall not be permitted contact visits
for a period of at least 6 months. Any committed person involved in
gang activities or found guilty of assault committed against a
Department employee shall not be permitted contact visits for a period
of at least 6 months.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4124 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4176
A bill for AN ACT concerning prescription drug information cards.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4176.
Senate Amendment No. 2 to HOUSE BILL NO. 4176.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4176 on page 1 by deleting lines
6 through 30; and
by deleting all of pages 2 and 3 of the bill.
AMENDMENT NO. 2. Amend House Bill 4176 by inserting immediately
below line 5 the following:
125 [April 7, 2000]
"Section 5. Legislative intent. It is the intent of the
legislature to lessen patients' waiting times, decrease administrative
burdens for pharmacies, and improve care to patients by minimizing
confusion, eliminating unnecessary paperwork, and streamlining the
dispensing of prescription products paid for by third-party payors.
This Act shall be broadly applied and interpreted to effectuate this
purpose.
Section 10. Definitions. As used in this Act, the following terms
have the meanings given in this Section.
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
"Health benefit plan" means an accident and health insurance policy
or certificate subject to the Illinois Insurance Code, a voluntary
health services plan subject to the Voluntary Health Services Plans
Act, a health maintenance organization subscriber contract subject to
the Health Maintenance Organization Act, a plan provided by a multiple
employer welfare arrangement, or a plan provided by another benefit
arrangement. Without limitation, "health benefit plan" does not mean
any of the following types of insurance:
(1) accident;
(2) credit;
(3) disability income;
(4) long-term or nursing home care;
(5) specified disease;
(6) dental or vision;
(7) coverage issued as a supplement to liability insurance;
(8) medical payments under automobile or homeowners;
(9) insurance under which benefits are payable with or
without regard to fault as statutorily required to be contained in
any liability policy or equivalent self-insurance;
(10) hospital income or indemnity;
(11) self-insured health benefit plans under the federal
Employee Retirement Income Security Act of 1974.
Section 15. Uniform prescription drug information cards required.
(a) A health benefit plan that issues a card or other technology
and provides coverage for prescription drugs or devices and an
administrator of such a plan including, but not limited to, third-party
administrators for self-insured plans and state-administered plans
shall issue to its insureds a card or other technology containing
uniform prescription drug information. The uniform prescription drug
information card or other technology shall specifically identify and
display the following mandatory data elements on the front of the card:
(1) BIN number;
(2) Processor control number if required for claims
adjudication;
(3) Group number;
(4) Card issuer identifier;
(5) Cardholder ID number; and
(6) Cardholder name.
The uniform prescription drug information card or other technology
shall specifically identify and display the following mandatory data
elements on the back of the card:
(1) Claims submission names and addresses; and
(2) Help desk telephone numbers and names.
(b) A new uniform prescription drug information card or other
technology shall be issued by a health benefit plan upon enrollment and
reissued upon any change in the insured's coverage that affects
mandatory data elements contained on the card.
Section 20. Applicability and enforcement.
(a) This Act applies to health benefit plans that are amended,
delivered, issued, or renewed on and after the effective date of this
amendatory Act of the 91st General Assembly.
(b) The Director may adopt rules necessary to implement the
Department's responsibilities under this Act. To enforce the
provisions of this Act, the Director may issue a cease and desist order
or require a health benefit plan to submit a plan of correction for
[April 7, 2000] 126
violations of this Act, or both. Subject to the provisions of the
Illinois Administrative Procedure Act, the Director may, pursuant to
Section 403A of the Illinois Insurance Code, impose upon a health
benefit plan an administrative fine not to exceed $250,000 for failure
to submit a requested plan of correction, failure to comply with its
plan or correction, or repeated violations of this Act.
Section 99. Effective date. This Act takes effect on January 1,
2001.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 4176 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4228
A bill for AN ACT in relation to county government.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4228.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4228 by replacing everything
after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing Section
5-12001.1 as follows:
(55 ILCS 5/5-12001.1)
Sec. 5-12001.1. Authority to regulate certain specified facilities
of a telecommunications carrier.
(a) Notwithstanding any other Section in this Division, The county
board or board of county commissioners of any county shall have the
power to regulate the location of the facilities, as defined in
subsection (c), of a telecommunications carrier established outside the
corporate limits of cities, villages, and incorporated towns that have
municipal zoning ordinances in effect. The power shall only be
exercised to the extent and in the manner set forth in this Section.
(b) The provisions of this Section shall not abridge any rights
created by or authority confirmed in the federal Telecommunications Act
of 1996, P.L. 104-104. The county board or board of county
commissioners of any county is authorized to regulate the placement,
construction, and modification of the facilities of a
telecommunications carrier as provided in the federal
Telecommunications Act of 1996, P.L. 104-104. The county board or
board of county commissioners may not unreasonably discriminate among
providers of functionally equivalent services and shall not prohibit or
have the effect of prohibiting the provision of telecommunications
services as provided in the federal Telecommunications Act of 1996,
P.L. 104-104.
(c) As used in this Section, unless the context otherwise
requires:
(1) "county jurisdiction area" means those portions of a
county that lie outside the corporate limits of cities, villages,
127 [April 7, 2000]
and incorporated towns that have municipal zoning ordinances in
effect;
(2) "county board" means the county board or board of county
commissioners of any county;
(3) "residential zoning district" means a zoning district
that is designated under a county zoning ordinance and is zoned
predominantly for residential uses;
(4) "non-residential zoning district" means the county
jurisdiction area of a county, except for those portions within a
residential zoning district;
(5) "residentially zoned lot" means a zoning lot in a
residential zoning district;
(6) "non-residentially zoned lot" means a zoning lot in a
non-residential zoning district;
(7) "telecommunications carrier" means a telecommunications
carrier as defined in the Public Utilities Act as of January 1,
1997;
(8) "facility" means that part of the signal distribution
system used or operated by a telecommunications carrier under a
license from the FCC consisting of a combination of improvements
and equipment including (i) one or more antennas, (ii) a supporting
structure and the hardware by which antennas are attached; (iii)
equipment housing; and (iv) ancillary equipment such as signal
transmission cables and miscellaneous hardware;
(9) "FAA" means the Federal Aviation Administration of the
United States Department of Transportation;
(10) "FCC" means the Federal Communications Commission;
(11) "antenna" means an antenna device by which radio signals
are transmitted, received, or both;
(12) "supporting structure" means a structure, whether an
antenna tower or another type of structure, that supports one or
more antennas as part of a facility;
(13) "qualifying structure" means a supporting structure that
is (i) an existing structure, if the height of the facility,
including the structure, is not more than 15 feet higher than the
structure just before the facility is installed, or (ii) a
substantially similar, substantially same-location replacement of
an existing structure, if the height of the facility, including the
replacement structure, is not more than 15 feet higher than the
height of the existing structure just before the facility is
installed;
(14) "equipment housing" means a combination of one or more
equipment buildings or enclosures housing equipment that operates
in conjunction with the antennas of a facility, and the equipment
itself;
(15) "height" of a facility means the total height of the
facility's supporting structure and any antennas that will extend
above the top of the supporting structure; however, if the
supporting structure's foundation extends more than 3 feet above
the uppermost ground level along the perimeter of the foundation,
then each full foot in excess of 3 feet shall be counted as an
additional foot of facility height. The height of a facility's
supporting structure is to be measured from the highest point of
the supporting structure's foundation;
(16) "facility lot" means the zoning lot on which a facility
is or will be located;
(17) "principal residential building" has its common meaning
but shall not include any building under the same ownership as the
land of the facility lot. "Principal residential building" shall
not include any structure that is not designed for human
habitation;
(18) "horizontal separation distance" means the distance
measured from the center of the base of the facility's supporting
structure to the point where the ground meets a vertical wall of a
principal residential building; and
(19) "lot line set back distance" means the distance measured
[April 7, 2000] 128
from the center of the base of the facility's supporting structure
to the nearest point on the common lot line between the facility
lot and the nearest residentially zoned lot. If there is no common
lot line, the measurement shall be made to the nearest point on the
lot line of the nearest residentially zoned lot without deducting
the width of any intervening right of way.
(d) In choosing a location for a facility, a telecommunications
carrier shall consider the following:
(1) A non-residentially zoned lot is the most desirable
location.
(2) A residentially zoned lot that is not used for
residential purposes is the second most desirable location.
(3) A residentially zoned lot that is 2 acres or more in size
and is used for residential purposes is the third most desirable
location.
(4) A residentially zoned lot that is less than 2 acres in
size and is used for residential purposes is the least desirable
location.
The size of a lot shall be the lot's gross area in square feet
without deduction of any unbuildable or unusable land, any roadway, or
any other easement.
(e) In designing a facility, a telecommunications carrier shall at
a minimum abide by consider the following guidelines:
(1) No building or tower that is part of a facility will
should encroach onto any recorded easement prohibiting the
encroachment unless the grantees of the easement have given their
approval.
(2) Lighting will should be installed for security and safety
purposes only. Except with respect to lighting required by the FCC
or FAA, all lighting will should be shielded so that no glare
extends substantially beyond the boundaries of a facility.
(3) No facility will should encroach onto an existing septic
field.
(4) Any facility located in a special flood hazard area or
wetland will should meet the legal requirements for those lands.
(5) Existing trees more than 3 inches in diameter will should
be preserved if reasonably feasible during construction. If any
tree more than 3 inches in diameter is removed during construction
a tree 3 inches or more in diameter of the same or a similar
species shall be planted as a replacement if reasonably feasible.
Tree diameter shall be measured at a point 3 feet above ground
level.
(6) If any elevation of a facility faces an existing,
adjoining residential use or within a residential zoning district,
low maintenance landscaping will should be provided on or near the
facility lot to provide at least partial screening of the facility.
The quantity and type of that landscaping will should be in
accordance with any county landscaping regulations of general
applicability, except that paragraph (5) of this subsection (e)
shall control over any tree-related regulations imposing a greater
burden.
(7) Fencing will should be installed around a facility. The
height and materials of the fencing will should be in accordance
with any county fence regulations of general applicability.
(8) Any building that is part of a facility located adjacent
to a residentially zoned lot will should be designed with exterior
materials and colors that are reasonably compatible with the
residential character of the area.
(9) A monopole supporting structure will be required when a
facility is located within 1,000 feet of a principal residential
building.
(10) All supporting structures will be designed to accommodate
2 additional telecommunications carriers.
(f) (Blank). The following provisions shall apply to all
facilities established in any county jurisdiction area after the
effective date of the amendatory Act of 1997:
129 [April 7, 2000]
(1) Except as provided in this Section, no yard or set back
regulations shall apply to or be required for a facility.
(2) A facility may be located on the same zoning lot as one
or more other structures or uses without violating any ordinance or
regulation that prohibits or limits multiple structures, buildings,
or uses on a zoning lot.
(3) No minimum lot area, width, or depth shall be required
for a facility, and unless the facility is to be manned on a
regular, daily basis, no off-street parking spaces shall be
required for a facility. If the facility is to be manned on a
regular, daily basis, one off-street parking space shall be
provided for each employee regularly at the facility. No loading
facilities are required.
(4) No portion of a facility's supporting structure or
equipment housing shall be less than 15 feet from the front lot
line of the facility lot or less than 10 feet from any other lot
line.
(5) No bulk regulations or lot coverage, building coverage,
or floor area ratio limitations shall be applied to a facility or
to any existing use or structure coincident with the establishment
of a facility. Except as provided in this Section, no height
limits or restrictions shall apply to a facility.
(6) A county's review of a building permit application for a
facility shall be completed within 30 days. If a decision of the
county board is required to permit the establishment of a facility,
the county's review of the application shall be simultaneous with
the process leading to the county board's decision.
(7) The improvements and equipment comprising the facility
may be wholly or partly freestanding or wholly or partly attached
to, enclosed in, or installed in or on a structure or structures.
(8) Any public hearing authorized under this Section shall be
conducted in a manner determined by the county board. Notice of
any such public hearing shall be published at least 15 days before
the hearing in a newspaper of general circulation published in the
county.
(9) Any decision regarding a facility by the county board or
a county agency or official shall be supported by written findings
of fact. The circuit court shall have jurisdiction to review the
reasonableness of any adverse decision and the plaintiff shall bear
the burden of proof, but there shall be no presumption of the
validity of the decision.
(g) The following provisions shall apply to all facilities
established after the effective date of this amendatory Act of 1997 in
the county jurisdiction area of any county with a population of less
than 180,000 that has not adopted an ordinance to exercise the powers
granted in Division 5-12 or Division 5-13:
(1) A facility is permitted if its supporting structure is a
qualifying structure or if both of the following conditions are
met:
(A) the height of the facility shall not exceed 200
feet, except that if a facility is located more than one and
one-half miles from the corporate limits of any municipality
with a population of 25,000 or more the height of the facility
shall not exceed 350 feet; and
(B) the horizontal separation distance to the nearest
principal residential building shall not be less than the
height of the supporting structure; except that if the
supporting structure exceeds 99 feet in height, the horizontal
separation distance to the nearest principal residential
building shall be at least 100 feet or 80% of the height of
the supporting structure, whichever is greater. Compliance
with this paragraph shall only be evaluated as of the time
that a building permit application for the facility is
submitted. If the supporting structure is not an antenna
tower this paragraph is satisfied.
(2) Unless a facility is permitted under paragraph (1) of
[April 7, 2000] 130
this subsection (g), a facility can be established only after the
county board gives its approval following consideration of the
provisions of paragraph (3) of this subsection (g). The county
board may give its approval after one public hearing on the
proposal, but only by the favorable vote of a majority of the
members present at a meeting held no later than 75 days after
submission of a complete application by the telecommunications
carrier. If the county board fails to act on the application
within 75 days after its submission, the application shall be
deemed to have been approved. No more than one public hearing
shall be required.
(3) For purposes of paragraph (2) of this subsection (g), the
following siting considerations, but no other matter, shall be
considered by the county board or any other body conducting the
public hearing:
(A) the criteria in subsection (d) of this Section;
(B) whether a substantial adverse effect on public
safety will result from some aspect of the facility's design
or proposed construction, but only if that aspect of design or
construction is modifiable by the applicant;
(C) the benefits to be derived by the users of the
services to be provided or enhanced by the facility and
whether public safety and emergency response capabilities
would benefit by the establishment of the facility;
(D) the existing uses on adjacent and nearby properties;
and
(E) the extent to which the design of the proposed
facility reflects compliance with subsection (e) of this
Section.
(4) On judicial review of an adverse decision, the issue
shall be the reasonableness of the county board's decision in light
of the evidence presented on the siting considerations and the
well-reasoned recommendations of any other body that conducts the
public hearing.
(h) The following provisions shall apply to all facilities
established after the effective date of this amendatory Act of 1997 in
the county jurisdiction area of any county with a population of 180,000
or more that has not adopted an ordinance to exercise the powers
granted in Division 5-12 or Division 5-13. A facility is permitted in
any zoning district subject to the following:
(1) A facility shall not be located on a lot under paragraph
(4) of subsection (d) unless a variation is granted by the county
board under paragraph (4) of this subsection (h).
(2) Unless a height variation is granted by the county board,
the height of a facility shall not exceed 75 feet if the facility
will be located in a residential zoning district or 200 feet if the
facility will be located in a non-residential zoning district.
However, the height of a facility may exceed the height limit in
this paragraph, and no height variation shall be required, if the
supporting structure is a qualifying structure.
(3) The improvements and equipment of the facility shall be
placed to comply with the requirements of this paragraph at the
time a building permit application for the facility is submitted.
If the supporting structure is an antenna tower other than a
qualifying structure then (i) if the facility will be located in a
residential zoning district the lot line set back distance to the
nearest residentially zoned lot shall be at least 50% of the height
of the facility's supporting structure or (ii) if the facility will
be located in a non-residential zoning district the horizontal
separation distance to the nearest principal residential building
shall be at least equal to the height of the facility's supporting
structure.
(4) The county board may grant variations for any of the
regulations, conditions, and restrictions of this subsection (h),
after one public hearing on the proposed variations, by a favorable
vote of a majority of the members present at a meeting held no
131 [April 7, 2000]
later than 75 days after submission of an application by the
telecommunications carrier. If the county board fails to act on
the application within 75 days after submission, the application
shall be deemed to have been approved. In its consideration of an
application for variations, the county board, and any other body
conducting the public hearing, shall consider the following, and no
other matters:
(A) whether, but for the granting of a variation, the
service that the telecommunications carrier seeks to enhance
or provide with the proposed facility will be less available,
impaired, or diminished in quality, quantity, or scope of
coverage;
(B) whether the conditions upon which the application
for variations is based are unique in some respect or, if not,
whether the strict application of the regulations would result
in a hardship on the telecommunications carrier;
(C) whether a substantial adverse effect on public
safety will result from some aspect of the facility's design
or proposed construction, but only if that aspect of design or
construction is modifiable by the applicant;
(D) whether there are benefits to be derived by the
users of the services to be provided or enhanced by the
facility and whether public safety and emergency response
capabilities would benefit by the establishment of the
facility; and
(E) the extent to which the design of the proposed
facility reflects compliance with subsection (e) of this
Section.
No more than one public hearing shall be required.
(5) On judicial review of an adverse decision, the issue
shall be the reasonableness of the county board's decision in light
of the evidence presented and the well-reasoned recommendations of
any other body that conducted the public hearing.
(Source: P.A. 90-522, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4228 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4396
A bill for AN ACT concerning the nurse aide registry.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4396.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4396 by replacing everything
after the enacting clause with the following:
[April 7, 2000] 132
"Section 5. The Mental Health and Developmental Disabilities
Administrative Act is amended by adding Section 7.3 as follows:
(20 ILCS 1705/7.3 new)
Section 7.3. Nurse aide registry; finding of abuse or neglect. The
Department shall require that no facility, service agency, or support
agency providing mental health or developmental disability services
that is licensed, certified, operated, or funded by the Department
shall employ a person, in any capacity, who is identified by the nurse
aide registry as having been previously terminated by a facility,
service agency, or support agency licensed, certified, operated, or
funded by the Department pursuant to a substantiated finding of abuse
or neglect of a service recipient, or who has previously resigned from
a facility, service agency, or support agency subsequent to an incident
that later resulted in a substantiated finding of abuse or neglect of a
service recipient by that individual. The Department shall establish
and maintain such rules as are necessary or appropriate to effectuate
the intent of this Section. The provisions of this Section shall not
apply to any facility, service agency, or support agency licensed or
certified by a State agency other than the Department, unless operated
by the Department of Human Services.
Section 10. The Abused and Neglected Long Term Care Facility
Residents Reporting Act is amended by changing Section 6.2 as follows:
(210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2)
(Section scheduled to be repealed on January 1, 2002)
Sec. 6.2. Inspector General.
(a) The Governor shall appoint, and the Senate shall confirm, an
Inspector General who shall function within the Department of Human
Services and report to the Secretary of Human Services and the
Governor. The Inspector General shall investigate reports of suspected
abuse or neglect (as those terms are defined in Section 3 of this Act)
of patients or residents in any mental health or developmental
disabilities facility operated by the Department of Human Services and
shall have authority to investigate and take immediate action on
reports of abuse or neglect of recipients, whether patients or
residents, in any mental health or developmental disabilities facility
or program that is licensed or certified by the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) or that is funded by the Department of
Human Services (as successor to the Department of Mental Health and
Developmental Disabilities) and is not licensed or certified by any
agency of the State. At the specific, written request of an agency of
the State other than the Department of Human Services (as successor to
the Department of Mental Health and Developmental Disabilities), the
Inspector General may cooperate in investigating reports of abuse and
neglect of persons with mental illness or persons with developmental
disabilities. The Inspector General shall have no supervision over or
involvement in routine, programmatic, licensure, or certification
operations of the Department of Human Services or any of its funded
agencies.
The Inspector General shall promulgate rules establishing minimum
requirements for reporting allegations of abuse and neglect and
initiating, conducting, and completing investigations. The promulgated
rules shall clearly set forth that in instances where 2 or more State
agencies could investigate an allegation of abuse or neglect, the
Inspector General shall not conduct an investigation that is redundant
to an investigation conducted by another State agency. The rules shall
establish criteria for determining, based upon the nature of the
allegation, the appropriate method of investigation, which may include,
but need not be limited to, site visits, telephone contacts, or
requests for written responses from agencies. The rules shall also
clarify how the Office of the Inspector General shall interact with the
licensing unit of the Department of Human Services in investigations of
allegations of abuse or neglect. Any allegations or investigations of
reports made pursuant to this Act shall remain confidential until a
final report is completed. The resident or patient who allegedly was
abused or neglected and his or her legal guardian shall be informed by
133 [April 7, 2000]
the facility or agency of the report of alleged abuse or neglect. Final
reports regarding unsubstantiated or unfounded allegations shall remain
confidential, except that final reports may be disclosed pursuant to
Section 6 of this Act.
The Inspector General shall be appointed for a term of 4 years.
(b) The Inspector General shall within 24 hours after receiving a
report of suspected abuse or neglect determine whether the evidence
indicates that any possible criminal act has been committed. If he
determines that a possible criminal act has been committed, or that
special expertise is required in the investigation, he shall
immediately notify the Department of State Police. The Department of
State Police shall investigate any report indicating a possible murder,
rape, or other felony. All investigations conducted by the Inspector
General shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal prosecution.
(b-5) The Inspector General shall make a determination to accept
or reject a preliminary report of the investigation of alleged abuse or
neglect based on established investigative procedures. The facility or
agency may request clarification or reconsideration based on additional
information. For cases where the allegation of abuse or neglect is
substantiated, the Inspector General shall require the facility or
agency to submit a written response. The written response from a
facility or agency shall address in a concise and reasoned manner the
actions that the agency or facility will take or has taken to protect
the resident or patient from abuse or neglect, prevent reoccurrences,
and eliminate problems identified and shall include implementation and
completion dates for all such action.
(c) The Inspector General shall, within 10 calendar days after the
transmittal date of a completed investigation where abuse or neglect is
substantiated or administrative action is recommended, provide a
complete report on the case to the Secretary of Human Services and to
the agency in which the abuse or neglect is alleged to have happened.
The complete report shall include a written response from the agency or
facility operated by the State to the Inspector General that addresses
in a concise and reasoned manner the actions that the agency or
facility will take or has taken to protect the resident or patient from
abuse or neglect, prevent reoccurrences, and eliminate problems
identified and shall include implementation and completion dates for
all such action. The Secretary of Human Services shall accept or
reject the response and establish how the Department will determine
whether the facility or program followed the approved response. The
Secretary may require Department personnel to visit the facility or
agency for training, technical assistance, programmatic, licensure, or
certification purposes. Administrative action, including sanctions,
may be applied should the Secretary reject the response or should the
facility or agency fail to follow the approved response. The facility
or agency shall inform the resident or patient and the legal guardian
whether the reported allegation was substantiated, unsubstantiated, or
unfounded. There shall be an appeals process for any person or agency
that is subject to any action based on a recommendation or
recommendations.
(d) The Inspector General may recommend to the Departments of
Public Health and Human Services sanctions to be imposed against mental
health and developmental disabilities facilities under the jurisdiction
of the Department of Human Services for the protection of residents,
including appointment of on-site monitors or receivers, transfer or
relocation of residents, and closure of units. The Inspector General
may seek the assistance of the Attorney General or any of the several
State's attorneys in imposing such sanctions.
(e) The Inspector General shall establish and conduct periodic
training programs for Department employees concerning the prevention
and reporting of neglect and abuse.
(f) The Inspector General shall at all times be granted access to
any mental health or developmental disabilities facility operated by
the Department, shall establish and conduct unannounced site visits to
those facilities at least once annually, and shall be granted access,
[April 7, 2000] 134
for the purpose of investigating a report of abuse or neglect, to any
facility or program funded by the Department that is subject under the
provisions of this Section to investigation by the Inspector General
for a report of abuse or neglect.
(g) Nothing in this Section shall limit investigations by the
Department of Human Services that may otherwise be required by law or
that may be necessary in that Department's capacity as the central
administrative authority responsible for the operation of State mental
health and developmental disability facilities.
(g-5) After notice and an opportunity for a hearing that is
separate and distinct from the Office of the Inspector General's
appeals process as implemented under subsection (c) of this Section,
the Inspector General shall report to the Department of Public Health's
nurse aide registry under Section 3-206.01 of the Nursing Home Care Act
the identity of individuals who have been previously terminated by a
facility, service agency, or support agency licensed, certified,
operated, or funded by the Department of Human Services, except by a
facility, service agency, or support agency licensed or certified by a
State agency other than the Department of Human Services, unless
operated by the Department of Human Services, pursuant to a
substantiated finding of abuse or neglect of a service recipient, or
who have previously resigned from such facility, service agency, or
support agency subsequent to an incident that later resulted in a
substantiated finding of abuse or neglect of a service recipient by
that individual.
Nothing in this subsection shall diminish or impair the rights of a
person who is a member of a collective bargaining unit pursuant to the
Illinois Public Labor Relations Act or pursuant to any federal labor
statute. A person shall not be considered hereunder as having been
previously terminated pursuant to a substantiated finding of abuse or
neglect of a service recipient, unless the finding is final after
exhaustion of review of the termination under the grievance and
arbitration procedure provided for in Section 8 of the Illinois Public
Labor Relations Act or under a comparable provision in another labor
statute applicable to that person.
The Department of Human Services shall promulgate or amend rules as
necessary or appropriate to establish procedures for reporting to the
registry, including procedures for notice to the individual, appeal and
hearing, and petition for removal of the report from the registry. The
portion of the rules pertaining to hearings shall provide that, at the
hearing, both parties may present written and oral evidence.
Notice to the individual shall include a clear and concise
statement of the grounds on which the report to the registry is based
and notice of the opportunity for a hearing to contest the report. The
Department of Human Services shall provide the notice by certified
mail. The notice shall give the individual an opportunity to contest
the report in a hearing before the Department of Human Services or to
submit a written response to the findings instead of requesting a
hearing. If after notice and a hearing or if the individual does not
request a hearing, the Department of Human Services finds that the
report is valid, the finding shall be included as part of the registry,
as well as a brief statement from the reported individual if he or she
chooses to make a statement. The Department of Public Health shall make
available to the public information reported to the registry. In the
case of inquiries concerning an individual listed in the registry, any
information disclosed concerning a finding of abuse or neglect shall
also include disclosure of the individual's brief statement in the
registry relating to the reported finding or include a clear and
accurate summary of the statement.
At any time after the report to the registry, an individual may
petition the Department of Human Services for removal from the registry
of the finding against him or her. The Department of Human Services
may report the removal of the finding to the registry unless, after an
investigation and a hearing, the Department of Human Services
determines that removal is not in the public interest.
(h) This Section is repealed on January 1, 2002.
135 [April 7, 2000]
(Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff.
7-30-98; 91-169, eff. 7-16-99.)
Section 15. The Nursing Home Care Act is amended by changing
Section 3-206.1 as follows:
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
Sec. 3-206.01. Nurse aide registry.
(a) The Department shall establish and maintain a registry of all
individuals who have satisfactorily completed the training required by
Section 3-206. The registry shall include the name of the nursing
assistant, habilitation aide, or child care aide, his or her current
address, Social Security number, and the date and location of the
training course completed by the individual, and the date of the
individual's last criminal records check. Any individual placed on the
registry is required to inform the Department of any change of address
within 30 days. A facility shall not employ an individual as a nursing
assistant, habilitation aide, or child care aide unless the facility
has inquired of the Department as to information in the registry
concerning the individual and shall not employ anyone not on the
registry unless the individual is enrolled in a training program under
paragraph (5) of subsection (a) of Section 3-206 of this Act.
If the Department finds that a nursing assistant, habilitation
aide, or child care aide has abused a resident, neglected a resident,
or misappropriated resident property in a facility, the Department
shall notify the individual of this finding by certified mail sent to
the address contained in the registry. The notice shall give the
individual an opportunity to contest the finding in a hearing before
the Department or to submit a written response to the findings in lieu
of requesting a hearing. If, after a hearing or if the individual does
not request a hearing, the Department finds that the individual abused
a resident, neglected a resident, or misappropriated resident property
in a facility, the finding shall be included as part of the registry as
well as a brief statement from the individual, if he or she chooses to
make such a statement. The Department shall make information in the
registry available to the public. In the case of inquiries to the
registry concerning an individual listed in the registry, any
information disclosed concerning such a finding shall also include
disclosure of any statement in the registry relating to the finding or
a clear and accurate summary of the statement.
(b) The Department shall add to or remove from the nurse aide
registry records of findings as reported by the Inspector General under
Section 6.2 of the Abused and Neglected Long Term Care Facility
Residents Reporting Act.
(Source: P.A. 91-598, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect on January 1,
2001.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4396 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 739
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 24-1.5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
[April 7, 2000] 136
Senate Amendment No. 2 to HOUSE BILL NO. 739.
Senate Amendment No. 3 to HOUSE BILL NO. 739.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 739 by replacing the title with
the following:
"AN ACT to re-enact the provisions of Section 24-1 of the Criminal
Code of 1961 contained in Public Act 88-680 and to amend the Criminal
Code of 1961 and the Firearm Owners Identification Card Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995, contained
provisions amending various criminal statutes. Public Act 88-680
also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled "AN ACT to
create a Safe Neighborhoods Law". (A) Article 5 was entitled
JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B)
Article 15 was entitled GANGS and amended various provisions of the
Criminal Code of 1961 and the Unified Code of Corrections. (C)
Article 20 was entitled ALCOHOL ABUSE and amended various
provisions of the Illinois Vehicle Code. (D) Article 25 was
entitled DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the Code of
Criminal Procedure of 1963. (F) Article 35 amended the Criminal
Code of 1961, the Rights of Crime Victims and Witnesses Act, and
the Unified Code of Corrections. (G) Article 40 amended the
Criminal Code of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45 created the
Secure Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987, the Unified
Code of Corrections, and the Private Correctional Facility
Moratorium Act. (I) Article 50 amended the WIC Vendor Management
Act, the Firearm Owners Identification Card Act, the Juvenile Court
Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme Court, in
People v. Cervantes, Docket No. 87229, ruled that Public Act 88-680
violates the single subject clause of the Illinois Constitution
(Article IV, Section 8 (d)) and was unconstitutional in its
entirety.
(iv) The provisions of Section 24-1 of the Criminal Code of
1961 contained in Public Act 88-680 are of vital concern to the
people of this State and legislative action concerning these
provisions of Public Act 88-680 is necessary.
(2) It is the purpose of this Act to re-enact Section 24-1 of the
Criminal Code of 1961 contained in Public Act 88-680, including
subsequent amendments. This re-enactment is intended to remove any
question as to the validity or content of those provisions.
(3) This Act re-enacts Section 24-1 of the Criminal Code of 1961
contained in Public Act 88-680, including subsequent amendments, to
remove any question as to the validity or content of those provisions;
it is not intended to supersede any other Public Act that amends the
text of the Sections as set forth in this Act. The material is shown as
existing text (i.e., without underscoring), except (i) for technical
changes having a revisory function and (ii) as provided in subsection
(4) of this Section.
(4) In addition to re-enacting Section 24-1 of the Criminal Code
of 1961, this Act amends that Section. This Act also adds Section
137 [April 7, 2000]
24-1.6 and amends Section 24-2 of the Criminal Code of 1961 and Section
13.2 of the Firearm Owners Identification Card Act. The amendments are
shown by underscoring and striking text.
Section 5. The Firearm Owners Identification Card Act is amended
by changing Section 13.2 as follows:
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. The Department of State Police shall, 60 30 days prior
to the expiration of a Firearm Owner's Identification Card, forward by
first class mail to each person whose card is to expire a notification
of the expiration of the card and an application which may be used to
apply for renewal of the card. It is the obligation of the holder of a
Firearm Owner's Identification Card to notify the Department of State
Police of any address change since the issuance of the Firearm Owner's
Identification Card.
(Source: P.A. 84-25.)
Section 10. The Criminal Code of 1961 is amended by re-enacting
and amending Section 24-1, amending Section 24-2, and adding Section
24-1.6 as follows:
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when
he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any
bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal
knuckles, throwing star, or any knife, commonly referred to as a
switchblade knife, which has a blade that opens automatically by
hand pressure applied to a button, spring or other device in the
handle of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous knife,
razor, stiletto, broken bottle or other piece of glass, stun gun or
taser or any other dangerous or deadly weapon or instrument of like
character; or
(3) Carries on or about his person or in any vehicle, a tear
gas gun projector or bomb or any object containing noxious liquid
gas or substance, other than an object containing a non-lethal
noxious liquid gas or substance designed solely for personal
defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or
about his person except when on his land or in his own abode or
fixed place of business any pistol, revolver, stun gun or taser or
other firearm, except that this subsection (a) (4) does not apply
to or affect transportation of weapons that meet one of the
following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's
Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind designed,
used or intended for use in silencing the report of any firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which shoots, is
designed to shoot, or can be readily restored to shoot,
automatically more than one shot without manually reloading by
a single function of the trigger, including the frame or
receiver of any such weapon, or sells, manufactures,
purchases, possesses, or carries any combination of parts
designed or intended for use in converting any weapon into a
machine gun, or any combination or parts from which a machine
gun can be assembled if such parts are in the possession or
[April 7, 2000] 138
under the control of a person;
(ii) any rifle having one or more barrels less than 16
inches in length or a shotgun having one or more barrels less
than 18 inches in length or any weapon made from a rifle or
shotgun, whether by alteration, modification, or otherwise, if
such a weapon as modified has an overall length of less than
26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or other
container containing an explosive substance of over
one-quarter ounce for like purposes, such as, but not limited
to, black powder bombs and Molotov cocktails or artillery
projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or
other deadly weapon in any place which is licensed to sell
intoxicating beverages, or at any public gathering held pursuant to
a license issued by any governmental body or any public gathering
at which an admission is charged, excluding a place where a
showing, demonstration or lecture involving the exhibition of
unloaded firearms is conducted.
This subsection (a)(8) does not apply to any auction or raffle
of a firearm held pursuant to a license or permit issued by a
governmental body, nor does it apply to persons engaged in firearm
safety training courses; or
(9) Carries or possesses in a vehicle or on or about his
person any pistol, revolver, stun gun or taser or firearm or
ballistic knife, when he is hooded, robed or masked in such manner
as to conceal his identity; or
(10) Carries or possesses on or about his person, upon any
public street, alley, or other public lands within the corporate
limits of a city, village or incorporated town, except when an
invitee thereon or therein, for the purpose of the display of such
weapon or the lawful commerce in weapons, or except when on his
land or in his own abode or fixed place of business, any pistol,
revolver, stun gun or taser or other firearm, except that this
subsection (a) (10) does not apply to or affect transportation of
weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's
Identification Card.
A "stun gun or taser", as used in this paragraph (a) means (i)
any device which is powered by electrical charging units, such as,
batteries, and which fires one or several barbs attached to a
length of wire and which, upon hitting a human, can send out a
current capable of disrupting the person's nervous system in such a
manner as to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such as
batteries, and which, upon contact with a human or clothing worn by
a human, can send out current capable of disrupting the person's
nervous system in such a manner as to render him incapable of
normal functioning; or
(11) Sells, manufactures or purchases any explosive bullet.
For purposes of this paragraph (a) "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact with
the flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front thereof and a
cap or primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of subsection
24-1(a)(1) through (5), subsection 24-1(a)(10), (3), subsection
24-1(a)(5), subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
Class A misdemeanor. A person convicted of a violation of subsection
139 [April 7, 2000]
24-1(a)(8) or 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a Class 4
felony; a person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted
of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony,
unless the weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on
the person, while the weapon is loaded, in which case it shall be a
Class X felony. A person convicted of a second or subsequent
violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
24-1(a)(10) commits a Class 3 felony.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7)
in any school, regardless of the time of day or the time of year,
in residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school, regardless
of the time of day or the time of year, on residential property
owned, operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or mixed-income
development, on the real property comprising any public park, on
the real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport students to or
from school or a school related activity, or on any public way
within 1,000 feet of the real property comprising any school,
public park, courthouse, or residential property owned, operated,
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development commits a Class 2 felony.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time of
day or the time of year, in residential property owned, operated,
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of day or
the time of year, on residential property owned, operated, or
managed by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased, or
contracted by a school to transport students to or from school or a
school related activity, or on any public way within 1,000 feet of
the real property comprising any school, public park, courthouse,
or residential property owned, operated, or managed by a public
housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development commits a Class 3
felony.
(2) A person who violates subsection 24-1(a)(1), 24-1(a)(2),
or 24-1(a)(3) in any school, regardless of the time of day or the
time of year, in residential property owned, operated or managed by
a public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development, in a public
park, in a courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on residential
property owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising any
public park, on the real property comprising any courthouse, in any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, or on any
public way within 1,000 feet of the real property comprising any
school, public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or mixed-income
development commits a Class 4 felony. "Courthouse" means any
[April 7, 2000] 140
building that is used by the Circuit, Appellate, or Supreme Court
of this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection (c)
shall not apply to law enforcement officers or security officers of
such school, college, or university or to students carrying or
possessing firearms for use in training courses, parades, hunting,
target shooting on school ranges, or otherwise with the consent of
school authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation package.
(4) For the purposes of this subsection (c), "school" means
any public or private elementary or secondary school, community
college, college, or university.
(d) The presence in an automobile other than a public omnibus of
any weapon, instrument or substance referred to in subsection (a)(7) is
prima facie evidence that it is in the possession of, and is being
carried by, all persons occupying such automobile at the time such
weapon, instrument or substance is found, except under the following
circumstances: (i) if such weapon, instrument or instrumentality is
found upon the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile operated for
hire by a duly licensed driver in the due, lawful and proper pursuit of
his trade, then such presumption shall not apply to the driver.
(e) Exemptions. Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic knife as
defined in paragraph (1) of subsection (a) of this Section.
(Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
(720 ILCS 5/24-1.6 new)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use of a
weapon when he or she knowingly:
(1) Carries on or about his or her person or in any vehicle
or concealed on or about his or her person except when on his or
her land or in his or her abode or fixed place of business any
pistol, revolver, stun gun or taser or other firearm; or
(2) Carries or possesses on or about his or her person, upon
any public street, alley, or other public lands within the
corporate limits of a city, village or incorporated town, except
when an invitee thereon or therein, for the purpose of the display
of such weapon or the lawful commerce in weapons, or except when on
his or her own land or in his or her own abode or fixed place of
business, any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded and the
ammunition for the weapon was immediately accessible at the
time of the offense; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's Identification Card;
or
(D) the person possessing the weapon was previously
adjudicated a delinquent minor under the Juvenile Court Act of
1987 for an act that if committed by an adult would be a
felony; or
(E) the person possessing the weapon was engaged in a
misdemeanor violation of the Cannabis Control Act or in a
misdemeanor violation of the Illinois Controlled Substances
Act; or
(F) the person possessing the weapon is a member of or
affiliated with a street gang or is engaged in street gang
related activity, as defined in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act; or
(G) the person possessing the weapon had a order of
protection issued against him or her within the previous 2
years; or
141 [April 7, 2000]
(H) the person possessing the weapon was engaged in the
commission or attempted commission of a misdemeanor involving
the use or threat of violence against the person or property
of another; or
(I) the person possessing the weapon was under 21 years
of age and in possession of a handgun as defined in Section
24-3, unless the person under 21 is engaged in lawful
activities under the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(b) "Stun gun or taser" as used in this Section has the same
definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the transportation or
possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence. Aggravated unlawful use of a weapon is a Class 4
felony; a second or subsequent offense is a Class 2 felony. Aggravated
unlawful use of a weapon by a person who has been previously convicted
of a felony in this State or another jurisdiction is a Class 2 felony.
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Peace officers, and any person summoned by a peace
officer to assist in making arrests or preserving the peace, while
actually engaged in assisting such officer.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the detention of
persons accused or convicted of an offense, while in the
performance of their official duty, or while commuting between
their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of the
United States or the Illinois National Guard or the Reserve
Officers Training Corps, while in the performance of their official
duty.
(4) Special agents employed by a railroad or a public utility
to perform police functions, and guards of armored car companies,
while actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment; and watchmen while actually engaged in the performance
of the duties of their employment.
(5) Persons licensed as private security contractors, private
detectives, or private alarm contractors, or employed by an agency
certified by the Department of Professional Regulation, if their
duties include the carrying of a weapon under the provisions of the
Private Detective, Private Alarm, and Private Security Act of 1983,
while actually engaged in the performance of the duties of their
employment or commuting between their homes and places of
employment, provided that such commuting is accomplished within one
hour from departure from home or place of employment, as the case
may be. Persons exempted under this subdivision (a)(5) shall be
required to have completed a course of study in firearms handling
and training approved and supervised by the Department of
Professional Regulation as prescribed by Section 28 of the Private
Detective, Private Alarm, and Private Security Act of 1983, prior
to becoming eligible for this exemption. The Department of
Professional Regulation shall provide suitable documentation
demonstrating the successful completion of the prescribed firearms
training. Such documentation shall be carried at all times when
such persons are in possession of a concealable weapon.
(6) Any person regularly employed in a commercial or
industrial operation as a security guard for the protection of
[April 7, 2000] 142
persons employed and private property related to such commercial or
industrial operation, while actually engaged in the performance of
his or her duty or traveling between sites or properties belonging
to the employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the Department
of Professional Regulation; provided that such security guard has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation, consisting
of not less than 40 hours of training that includes the theory of
law enforcement, liability for acts, and the handling of weapons.
A person shall be considered eligible for this exemption if he or
she has completed the required 20 hours of training for a security
officer and 20 hours of required firearm training, and has been
issued a firearm authorization card by the Department of
Professional Regulation. Conditions for the renewal of firearm
authorization cards issued under the provisions of this Section
shall be the same as for those cards issued under the provisions of
the Private Detective, Private Alarm and Private Security Act of
1983. Such firearm authorization card shall be carried by the
security guard at all times when he or she is in possession of a
concealable weapon.
(7) Agents and investigators of the Illinois Legislative
Investigating Commission authorized by the Commission to carry the
weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while
on duty in the course of any investigation for the Commission.
(8) Persons employed by a financial institution for the
protection of other employees and property related to such
financial institution, while actually engaged in the performance of
their duties, commuting between their homes and places of
employment, or traveling between sites or properties owned or
operated by such financial institution, provided that any person so
employed has successfully completed a course of study, approved by
and supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which includes
theory of law enforcement, liability for acts, and the handling of
weapons. A person shall be considered to be eligible for this
exemption if he or she has completed the required 20 hours of
training for a security officer and 20 hours of required firearm
training, and has been issued a firearm authorization card by the
Department of Professional Regulation. Conditions for renewal of
firearm authorization cards issued under the provisions of this
Section shall be the same as for those issued under the provisions
of the Private Detective, Private Alarm and Private Security Act of
1983. Such firearm authorization card shall be carried by the
person so trained at all times when such person is in possession of
a concealable weapon. For purposes of this subsection, "financial
institution" means a bank, savings and loan association, credit
union or company providing armored car services.
(9) Any person employed by an armored car company to drive an
armored car, while actually engaged in the performance of his
duties.
(10) Persons who have been classified as peace officers
pursuant to the Peace Officer Fire Investigation Act.
(11) Investigators of the Office of the State's Attorneys
Appellate Prosecutor authorized by the board of governors of the
Office of the State's Attorneys Appellate Prosecutor to carry
weapons pursuant to Section 7.06 of the State's Attorneys Appellate
Prosecutor's Act.
(12) Special investigators appointed by a State's Attorney
under Section 3-9005 of the Counties Code.
(13) Court Security Officers while in the performance of
their official duties, or while commuting between their homes and
places of employment, with the consent of the Sheriff.
(13.5) A person employed as an armed security guard at a
nuclear energy, storage, weapons or development site or facility
regulated by the Nuclear Regulatory Commission who has completed
143 [April 7, 2000]
the background screening and training mandated by the rules and
regulations of the Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of weapons to
persons authorized under subdivisions (1) through (13.5) of this
subsection to possess those weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do
not apply to or affect any of the following:
(1) Members of any club or organization organized for the
purpose of practicing shooting at targets upon established target
ranges, whether public or private, and patrons of such ranges,
while such members or patrons are using their firearms on those
target ranges.
(2) Duly authorized military or civil organizations while
parading, with the special permission of the Governor.
(3) Licensed hunters, trappers or fishermen while engaged in
hunting, trapping or fishing.
(4) Transportation of weapons that are broken down in a
non-functioning state or are not immediately accessible.
(c) Subsection 24-1(a)(7) does not apply to or affect any of the
following:
(1) Peace officers while in performance of their official
duties.
(2) Wardens, superintendents and keepers of prisons,
penitentiaries, jails and other institutions for the detention of
persons accused or convicted of an offense.
(3) Members of the Armed Services or Reserve Forces of the
United States or the Illinois National Guard, while in the
performance of their official duty.
(4) Manufacture, transportation, or sale of machine guns to
persons authorized under subdivisions (1) through (3) of this
subsection to possess machine guns, if the machine guns are broken
down in a non-functioning state or are not immediately accessible.
(5) Persons licensed under federal law to manufacture any
weapon from which 8 or more shots or bullets can be discharged by a
single function of the firing device, or ammunition for such
weapons, and actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to activities which
are within the lawful scope of such business, such as the
manufacture, transportation, or testing of such weapons or
ammunition. This exemption does not authorize the general private
possession of any weapon from which 8 or more shots or bullets can
be discharged by a single function of the firing device, but only
such possession and activities as are within the lawful scope of a
licensed manufacturing business described in this paragraph.
During transportation, such weapons shall be broken down in a
non-functioning state or not immediately accessible.
(6) The manufacture, transport, testing, delivery, transfer
or sale, and all lawful commercial or experimental activities
necessary thereto, of rifles, shotguns, and weapons made from
rifles or shotguns, or ammunition for such rifles, shotguns or
weapons, where engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for the
development and supply of such rifles, shotguns, weapons or
ammunition to the United States government or any branch of the
Armed Forces of the United States, when such activities are
necessary and incident to fulfilling the terms of such contract.
The exemption granted under this subdivision (c)(6) shall also
apply to any authorized agent of any such contractor or
subcontractor who is operating within the scope of his employment,
where such activities involving such weapon, weapons or ammunition
are necessary and incident to fulfilling the terms of such
contract.
During transportation, any such weapon shall be broken down in
a non-functioning state, or not immediately accessible.
(d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
[April 7, 2000] 144
officer.
(e) Subsection 24-1(a)(8) does not apply to any owner, manager or
authorized employee of any place specified in that subsection nor to
any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section
24-1.6 do not apply to members of any club or organization organized
for the purpose of practicing shooting at targets upon established
target ranges, whether public or private, while using their firearms on
those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:
(1) Members of the Armed Services or Reserve Forces of the
United States or the Illinois National Guard, while in the
performance of their official duty.
(2) Bonafide collectors of antique or surplus military
ordinance.
(3) Laboratories having a department of forensic ballistics,
or specializing in the development of ammunition or explosive
ordinance.
(4) Commerce, preparation, assembly or possession of
explosive bullets by manufacturers of ammunition licensed by the
federal government, in connection with the supply of those
organizations and persons exempted by subdivision (g)(1) of this
Section, or like organizations and persons outside this State, or
the transportation of explosive bullets to any organization or
person exempted in this Section by a common carrier or by a vehicle
owned or leased by an exempted manufacturer.
(h) An information or indictment based upon a violation of any
subsection of this Article need not negative any exemptions contained
in this Article. The defendant shall have the burden of proving such
an exemption.
(i) Nothing in this Article shall prohibit, apply to, or affect
the transportation, carrying, or possession, of any pistol or revolver,
stun gun, taser, or other firearm consigned to a common carrier
operating under license of the State of Illinois or the federal
government, where such transportation, carrying, or possession is
incident to the lawful transportation in which such common carrier is
engaged; and nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of and
regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this
Article, which is unloaded and enclosed in a case, firearm carrying
box, shipping box, or other container, by the possessor of a valid
Firearm Owners Identification Card.
(Source: P.A. 91-287, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 3. Amend House Bill 739, AS AMENDED, with reference
to the page and line numbers of Senate Amendment No. 2, on page 12,
line 8, by deleting "or affiliated with".
The foregoing message from the Senate reporting Senate Amendments
numbered 2 and 3 to HOUSE BILL 739 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House in the passage of bills of
the following titles to-wit:
HOUSE BILL NO. 709
A bill for AN ACT to amend the Illinois Public Aid Code by changing
Sections 5-5 and 6-1.
145 [April 7, 2000]
HOUSE BILL NO. 1324
A bill for AN ACT to amend the Illinois Income Tax Act by changing
Section 703.
HOUSE BILL NO. 4116
A bill for AN ACT to amend the Sexually Violent Persons Commitment
Act by changing Sections 5, 35, 40, 55, and 60.
HOUSE BILL NO. 4231
A bill for AN ACT in relation to streetgangs.
HOUSE BILL NO. 4369
A bill for AN ACT to amend the Tobacco Accessories and Smoking
Herbs Control Act by changing Sections 3, 4, and 5.
HOUSE BILL NO. 4447
A bill for AN ACT to amend the State Finance Act by changing
Section 6z-27.
Passed by the Senate, April 7, 2000.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 861
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Section 16A-6.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 861.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 861 by replacing the title with
the following:
"AN ACT to amend the Criminal Code of 1961 by changing Sections
12-3.2, 12-11, 19-1, and 19-3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-3.2, 12-11, 19-1, and 19-3 as follows:
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic Battery.
(a) A person commits domestic battery if he intentionally or
knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household member as
defined in subsection (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, as amended;
(2) Makes physical contact of an insulting or provoking
nature with any family or household member as defined in subsection
(3) of Section 112A-3 of the Code of Criminal Procedure of 1963, as
amended.
(b) Sentence. Domestic battery is a Class A Misdemeanor. Domestic
battery is a Class 4 felony if the defendant has any prior conviction
[April 7, 2000] 146
under this Code for domestic battery (Section 12-3.2) or violation of
an order of protection (Section 12-30). Domestic battery is a Class 4
felony if the defendant has any prior conviction under this Code for
aggravated battery (Section 12-4), stalking (Section 12-7.3),
aggravated stalking (Section 12-7.4), unlawful restraint (Section
10-3), or aggravated unlawful restraint (Section 10-3.1), when any of
these offenses have been committed against a family or household member
as defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
In addition to any other sentencing alternatives, for any second
conviction of violating this Section within 5 years of a previous
conviction for violating this Section, the offender shall be
mandatorily sentenced to a minimum of 48 consecutive hours of
imprisonment. The imprisonment shall not be subject to suspension, nor
shall the person be eligible for probation in order to reduce the
sentence.
(c) Domestic battery committed in the presence of a child. In
addition to any other sentencing alternatives, a defendant who commits,
in the presence of a child, a felony domestic battery (enhanced under
subsection (b)), aggravated domestic battery (Section 12-3.3),
aggravated battery (Section 12-4), unlawful restraint (Section 10-3),
or aggravated unlawful restraint (Section 10-3.1) against a family or
household member, as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963, shall be required to serve a mandatory minimum
imprisonment of 10 days or perform 300 hours of community service, or
both. For any conviction for domestic battery, if a person under 18
years of age who is the child of the offender or of the victim was
present and witnessed the domestic battery of the victim, The defendant
shall further be is liable for the cost of any counseling required for
the child at the discretion of the court in accordance with subsection
(b) of Section 5-5-6 of the Unified Code of Corrections. For purposes
of this Section, "child" means a person under 16 years of age who is
the defendant's or victim's child or step-child or who is a minor child
residing within the household of the defendant or victim. For purposes
of this Section, "in the presence of a child" means in the physical
presence of a child or knowing or having reason to know that a child is
present and may see or hear an act constituting one of the offenses
listed in this subsection.
(Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 91-262, eff.
1-1-00; revised 10-7-99.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the line of duty
commits home invasion when without authority he or she knowingly enters
the dwelling place of another when he or she knows or has reason to
know that one or more persons is present or he or she knowingly enters
the dwelling place of another and remains in such dwelling place until
he or she knows or has reason to know that one or more persons is
present and
(1) While armed with a dangerous weapon, other than a
firearm, uses force or threatens the imminent use of force upon any
person or persons within such dwelling place whether or not injury
occurs, or
(2) Intentionally causes any injury, except as provided in
subsection (a)(5), to any person or persons within such dwelling
place, or
(3) While armed with a firearm uses force or threatens the
imminent use of force upon any person or persons within such
dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon
any person or persons within such dwelling place whether or not
injury occurs and during the commission of the offense personally
discharges a firearm, or
(5) Personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent disfigurement,
or death to another person within such dwelling place, or.
(6) Commits, against any person or persons within that
147 [April 7, 2000]
dwelling place, a violation of Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(b) It is an affirmative defense to a charge of home invasion that
the accused who knowingly enters the dwelling place of another and
remains in such dwelling place until he or she knows or has reason to
know that one or more persons is present either immediately leaves such
premises or surrenders to the person or persons lawfully present
therein without either attempting to cause or causing serious bodily
injury to any person present therein.
(c) Sentence. Home invasion in violation of subsection (a)(1) or
(a)(2) is a Class X felony. A violation of subsection (a)(3) is a Class
X felony for which 15 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(4) is a Class X
felony for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(5) is a Class X
felony for which 25 years or up to a term of natural life shall be
added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another"
includes a dwelling place where the defendant maintains a tenancy
interest but from which the defendant has been barred by a divorce
decree, judgment of dissolution of marriage, order of protection, or
other court order.
(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00.)
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he knowingly
enters or without authority remains within a building, housetrailer,
watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle
Code, railroad car, or any part thereof, with intent to commit therein
a felony or theft. This offense shall not include the offenses set out
in Section 4-102 of The Illinois Vehicle Code, nor the offense of
residential burglary as defined in Section 19-3 hereof.
(b) Sentence.
Burglary is a Class 2 felony. A burglary committed in a school or
place of worship is a Class 1 felony.
(Source: P.A. 91-360, eff. 7-29-99.)
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
Sec. 19-3. Residential burglary.
(a) A person commits residential burglary who knowingly and without
authority enters or knowingly and without authority remains within the
dwelling place of another, or any part thereof, with the intent to
commit therein a felony or theft. This offense includes the offense of
burglary as defined in Section 19-1.
(b) Sentence. Residential burglary is a Class 1 felony.
(Source: P.A. 84-832.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 861 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 1534
A bill for AN ACT making an appropriation to the Department of
Children and Family Services.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
[April 7, 2000] 148
Senate Amendment No. 1 to HOUSE BILL NO. 1534.
Senate Amendment No. 2 to HOUSE BILL NO. 1534.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1534, by replacing the title
with the following:
"AN ACT regarding appropriations."; and by replacing everything
after the enacting clause with the following:
"ARTICLE 1
Section 5. The following named sums, or so much thereof
as may be necessary, respectively, are appropriated to the
Attorney General to meet the ordinary and contingent expenses
of the following divisions of the Office of the Attorney
General:
SPRINGFIELD
For Personal Services........................... $ 7,954,200
For State Contribution to State
Employees' Retirement System.................. 779,500
For State Contribution to Social
Security...................................... 538,500
For Employees' Retirement Contributions
Paid by Employer.............................. 314,700
CHICAGO
For Personal Services........................... 17,189,000
For State Contribution to State
Employees' Retirement System.................. 1,684,500
For State Contribution to
Social Security............................... 1,193,900
For Employees' Retirement Contributions
Paid by Employer.............................. 662,200
OPERATIONS, ALL DIVISIONS IN THIS SECTION
For Contractual Services........................ 1,979,800
For Contractual Services
Expert Witnesses.............................. 111,800
For Travel...................................... 401,700
For Commodities................................. 168,800
For Printing.................................... 110,000
For Equipment................................... 318,300
For Electronic Data Processing.................. 1,427,900
For Telecommunications.......................... 600,000
For Operation of Auto Equipment................. 72,100
For Expenses Incurred in Post Sentencing
Prosecution of all Cases of Death Penalty..... 177,600
For Expenses Incurred in Gang Crime Prevention.. 2,273,700
Total $39,220,100
Section 10. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Attorney General:
OPERATIONS
Payable from the Violent Crime Victims Assistance Fund:
For Personal Services........................... $ 544,800
For State Contribution to State
Employees' Retirement System.................. 53,400
For State Contribution to
Social Security............................... 40,900
For Group Insurance............................. 87,000
For Operational Expenses,
Violent Crime Victims Assistance.............. 175,000
For Employees' Retirement Contributions
149 [April 7, 2000]
Paid by the Employer.......................... 22,000
For Awards and Grants to the Violent
Crime Victims Assistance Act.................. 6,150,000
Total $7,073,100
Section 15. The sum of $1,000,000, or so much thereof as
is available for use by the Attorney General, is appropriated
to the Attorney General from the Illinois Gaming Law
Enforcement Fund for State law enforcement purposes.
Section 20. The following named sums, or so much thereof
as may be necessary, respectively, are appropriated from the
Asbestos Abatement Fund to the Attorney General to meet the
ordinary and contingent expenses of the Asbestos Litigation
Division:
ASBESTOS LITIGATION DIVISION
For Personal Services........................... $ 1,002,000
For State Contribution to State
Employees' Retirement System.................. 98,200
For State Contribution to
Social Security............................... 72,300
For Group Insurance............................. 127,600
For Contractual Services........................ 700,000
For Travel...................................... 100,000
For Operational Expenses, Asbestos
Litigation.................................... 100,000
For Employees' Retirement Contributions
Paid by the Employer.......................... 36,300
Total $2,236,400
Section 25. The amount of $2,500,000, or so much thereof
as may be necessary, is appropriated from the Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund to the Office of the Attorney General for the
performance of any function pertaining to the exercise of the
duties of the Attorney General including but not limited to
enforcement of any law of this State and conducting public
education programs; however, any moneys in the Fund that are
required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
Section 30. The amount of $400,000, or so much thereof
as may be necessary, is appropriated from the Illinois
Charity Bureau Fund to the Office of the Attorney General to
enforce the provisions of the Solicitation for Charity Act
and to gather and disseminate information about charitable
trustees and organizations to the public.
Section 35. The amount of $3,000,000, or so much thereof
as may be necessary, is appropriated from the Attorney
General Federal Grant Fund to the Office of the Attorney
General for funding for federal grants.
Section 40 The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Attorney General's
Grant Fund to the Office of the Attorney General to be
expended in accordance with the terms and conditions upon
which those funds were received.
Section 45. The amount of $100,000, or so much thereof
as may be necessary, is appropriated from the Whistleblower
Reward and Protection Fund to the Office of the Attorney
General for law enforcement purposes and distribution to
third parties.
Section 50. The amount of $3,000,000, or so much thereof
as may be necessary, is appropriated from the Attorney
General's State Projects and Court Ordered Distribution Fund
for payment of interagency agreements and court ordered
distributions to third parties.
ARTICLE 2
Section 5. The following named amounts, or so much of those amounts
as may be necessary, respectively, for the objects and purposes named
in this Section, are appropriated to meet the ordinary and contingent
[April 7, 2000] 150
expenses of the Office of the State Treasurer.
For Personal Services....................... $4,739,444
For Extra Help.............................. 0
For Employee Retirement Contribution (pickup). 189,578
For State Contributions to State
Employees' Retirement System................ 464,466
For State Contribution to
Social Security............................. 354,887
For Contractual Services.................... 977,075
For Travel.................................. 97,500
For Commodities............................. 29,990
For Printing................................ 24,500
For Equipment............................... 55,450
For Electronic Data Processing.............. 965,000
For Telecommunications Services............. 161,000
For Operation of Automotive Equipment....... 6,800
Total, This Section $7,969,600
Section 10. The amount of $6,000,000, or so much of that amount as
may be necessary, is appropriated to the State Treasurer from the Bank
Services Trust Fund for the purpose of making payments to financial
institutions for banking services pursuant to the State Treasurer's
Bank Services Trust Fund Act.
Section 15. The amount of $6,000,000, or so much of that amount as
may be necessary, is appropriated to the State Treasurer for the
purpose of making refunds of overpayments of estate tax and accrued
interest on those overpayments, if any, and payment of certain
statutory costs of assessment.
Section 20. The amount of $3,000,000, or so much of that amount as
may be necessary, is appropriated to the State Treasurer for the
purpose of making refunds of accrued interest on protested tax cases.
Section 25. The amount of $18,000,000, or so much of that amount as
may be necessary, is appropriated to the State Treasurer from the
Transfer Tax Collection Distributive Fund for the purpose of making
payments to counties pursuant to Section 13b of the Illinois Estate and
Generation-Skipping Transfer Tax Act.
Section 30. The amount of $500,000, or so much of that amount as
may be necessary, is appropriated to the State Treasurer from the
Matured Bond and Coupon Fund for payment of matured bonds and interest
coupons pursuant to Section 6u of the State Finance Act.
Section 35. The following named amounts, or so much of those
amounts as may be necessary, respectively, for the objects and purposes
named in this Section, are appropriated to the State Treasurer for the
payment of interest on and retirement of State bonded indebtedness: For
payment of principal and interest on any and all bonds issued pursuant
to the Anti-Pollution Bond Act, the Transportation Bond Act, the
Capital Development Bond Act of 1972, the School Construction Bond Act,
the Illinois Coal and Energy Development Bond Act, and the General
Obligation Bond Act:
From the General Bond
Retirement and Interest Fund:
Principal................................... $429,464,406
Interest.................................... 294,428,171
Total $723,892,577
ARTICLE 3
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated for the
ordinary and contingent expenses of the Office of the
Governor:
EXECUTIVE OFFICE
Payable from the General Revenue Fund:
For Personal Services ........................ $ 6,986,100
For Employee Retirement Contributions
Paid by Employer ............................ 279,400
For State Contributions to State
Employees' Retirement System................. 684,600
151 [April 7, 2000]
For State Contributions to
Social Security.............................. 534,400
For Contractual Services...................... 766,100
For Travel.................................... 174,300
For Commodities............................... 82,000
For Printing.................................. 70,000
For Equipment................................. 25,000
For Electronic Data Processing................ 225,000
For Telecommunications Services............... 350,000
For Repairs and Maintenance................... 40,000
For Expenses Related to Ethnic Celebrations,
Special Receptions, and Other Events ........ 110,000
Total $10,326,900
Section 2. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Governor's Grant
Fund to the Office of the Governor to be expended in
accordance with the terms and conditions upon which such
funds were received and in the exercise of the powers or
performance of the duties of the Office of the Governor.
ARTICLE 4
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
General Revenue Fund to meet the ordinary and contingent
expenses of the Office of the Lieutenant Governor:
GENERAL OFFICE
For Personal Services ........................ $ 1,358,000
For Employee Retirement Contributions
Paid by Employer ............................ 54,000
For State Contributions to State
Employees' Retirement System ................ 133,000
For State Contributions to
Social Security ............................. 104,000
For Contractual Services ..................... 573,000
For Travel ................................... 85,000
For Commodities .............................. 25,000
For Printing ................................. 31,400
For Equipment ................................ 3,800
For Electronic Data Processing ............... 69,400
For Telecommunications Services .............. 87,900
For Ordinary and Contingent Expenses of the
Rural Affairs Council ....................... 307,000
Total $2,733,500
The amount of $200,000, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to
the Office of the Lieutenant Governor for the ordinary and
contingent expenses of the Illinois River Coordination
Council.
Section 2. The sum of $110,000, or so much thereof as
may be necessary, is appropriated from the Agricultural
Premium Fund to the Office of Lieutenant Governor for all
costs associated with the Rural Affairs Council including any
grants or administration expenses.
Section 3. The sum of $75,000, or so much thereof as may
be necessary, is appropriated to the Office of the Lieutenant
Governor from the Keep Illinois Beautiful Fund for programs
approved by the Keep Illinois Beautiful Program Advisory
Board.
ARTICLE 5
Section 1. The following named amounts, or so much of those
amounts as may be necessary, respectively, are appropriated to the
Office of the State's Attorneys Appellate Prosecutor for the objects
and purposes hereinafter named to meet its ordinary and contingent
expenses for the fiscal year ending June 30, 2000:
For Personal Services:
[April 7, 2000] 152
Payable from General Revenue Fund for
Collective Bargaining Unit............. $1,978,243
Payable from General Revenue Fund for
Administrative Unit.................... $801,347
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $543,769
For State Contribution to the State
Employees' Retirement System:
Payable from General Revenue Fund for
Collective Bargaining Unit............. $193,867
Payable from General Revenue Fund for
Administrative Unit.................... $78,532
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $53,289
For State Contribution to the State
Employees' Retirement System Pick Up:
Payable from General Revenue Fund for
Collective Bargaining Unit............. $79,129
Payable from General Revenue Fund for
Administrative Unit.................... $32,053
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $21,750
For State Contribution to Social Security:
Payable from General Revenue Fund for
Collective Bargaining Unit............. $151,335
Payable from General Revenue Fund for
Administrative Unit.................... $61,303
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $41,598
For County Reimbursement to State
for Group Insurance:
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $55,583
For Contractual Services:
Payable from General Revenue Fund........... $300,000
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $400,000
For Contractual Services for
Rental of Real Property:
Payable from General Revenue Fund........... $211,902
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $105,950
For Travel:
Payable from General Revenue Fund........... $16,687
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $6,693
For Commodities:
Payable from General Revenue Fund........... $14,865
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $7,017
For Printing:
Payable from General Revenue Fund........... $4,658
Payable from State's Attorney's Appellate
Prosecutor's County Fund............... $2,770
For equipment:
Payable from General Revenue Fund........... $20,793
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $12,258
For Electronic Data Processing:
Payable from General Revenue Fund........... $16,095
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $26,268
For Telecommunications:
Payable from General Revenue Fund........... $20,872
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $28,789
153 [April 7, 2000]
For Operation of Automotive Equipment:
Payable from General Revenue Fund........... $10,695
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $6,962
For Law Intern Program:
Payable from General Revenue Fund........... $0
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $56,428
For Continuing Legal Education:
Payable from General Revenue Fund........... $100
Payable from Continuing Legal Education
Trust Fund............................. $110,000
For Legal Publications:
Payable from General Revenue Fund........... $3,476
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $11,938
For expenses for assisting County State's
Attorneys for services provided under the
Illinois Public Labor Relations Act:
For Personal Services:
Payable from General Revenue Fund........... $112,184
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $53,643
For State Contribution to the
State Employees' Retirement System:
Payable from General Revenue Fund........... $10,994
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $5,257
For State contribution to the
State Employees' Retirement System Pick Up:
Payable from General Revenue Fund........... $4,487
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $2,145
For Contribution to Social Security:
Payable from General Revenue Fund........... $8,582
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $4,103
For County Reimbursement to State
for Group Insurance:
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $7,733
For Contractual Services:
Payable from General Revenue Fund........... $26,213
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $250,450
For Travel:
Payable from General Revenue Fund........... $1,157
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $922
For Commodities:
Payable from General Revenue Fund........... $578
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $642
For Equipment:
Payable from General Revenue Fund........... $578
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $1,002
For Operation of Automotive Equipment:
Payable from General Revenue Fund........... $1,157
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $882
For Expenses Pursuant to Narcotics
Profit Forfeiture Act:
Payable from Narcotics Profit Forfeiture Fund. $0
For Expenses Pursuant to Drug Asset
Forfeiture Procedure Act:
[April 7, 2000] 154
Payable from Narcotics Profit
Forfeiture Fund........................ $950,000
For expenses pursuant to P.A. 84-1340, which
requires the Office of the State's Attorneys
Appellate Prosecutor to conduct training
programs for Illinois State's Attorneys,
Assistant State's Attorneys, and law
enforcement officers on techniques and
methods of eliminating or reducing the
trauma of testifying in criminal proceedings
for children who serve as witnesses in those
proceedings; and other authorized criminal
justice training programs:
Payable from General Revenue Fund........... $120,000
For expenses related to federally assisted
programs to assist local State's Attorneys,
including violent crimes,
drug related cases, and cases arising under the
Narcotics Profit Forfeiture Act on the request
of the State's Attorney:
Payable from Special Federal Grant Project
Fund................................... $2,800,000
For local matching purposes:
Payable from State's Attorneys Appellate
Prosecutor's County Fund............... $0
For State matching purposes:
Payable from General Revenue Fund........... $0
For expenses pursuant to grant agreements
for training grant programs:
Payable from Continuing Legal Education
Trust Fund............................. $200,000
(Total, $10,049,723; General Revenue Fund, $4,281,882;
Office of the State's Attorneys Appellate Prosecutor's
County Fund, $1,707,841; Continuing Legal Education
Trust Fund, $310,000; Narcotics Profit Forfeiture Fund,
$950,000; Special Federal Grant Project Fund, $2,800,000)
ARTICLE 6
Section 5. The following named sums, or so much thereof as may be
necessary, respectively, are appropriated to the Supreme Court to pay
the ordinary and contingent expenses of certain officers of the court
system of Illinois as follows:
For Personal Services Judges' Salaries.......... $117,681,000
For Travel:
Judges of the Supreme Court.................. 24,300
Judges of the Appellate Court................ 110,400
Judges of the Circuit Court.................. 630,700
Judicial Conference and
Supreme Court Committees..................... 338,600
For State Contributions
to Social Security........................... 1,706,400
Total, this Section $120,491,400
Section 10. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Supreme Court:
For Personal Services........................... $ 5,137,180
For Extra Help.................................. 7,600
For State Contributions
to State Employees' Retirement................ 493,321
For State Contributions
to Social Security............................ 395,469
For Contractual Services........................ 662,600
For Travel...................................... 17,100
For Commodities................................. 48,800
For Printing.................................... 219,900
For Equipment................................... 651,900
155 [April 7, 2000]
For Electronic Data Processing.................. 104,700
For Telecommunications.......................... 109,200
For Permanent Improvements...................... 108,100
For National Center
for State Courts.............................. 165,100
For Committee for Evaluation of
Judicial Performance.......................... 150,500
Total, this Section $8,271,470
Section 15. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to the Supreme
Court to meet the ordinary and contingent expenses of the
Judges of the Appellate Courts, and the Clerks of the
Appellate Courts, and the Appellate Judges Research Projects:
Administration of the First Appellate District
For Personal Services........................... $ 5,814,834
For State Contributions
to State Employees' Retirement................ 557,589
For State Contributions
to Social Security............................ 446,941
For Contractual Services........................ 495,800
For Travel...................................... 700
For Commodities................................. 49,800
For Printing.................................... 35,400
For Equipment................................... 74,200
For Telecommunications.......................... 108,500
Total $7,583,764
Administration of the Second Appellate District
For Personal Services........................... $ 2,313,672
For State Contributions
to State Employees' Retirement................ 221,822
For State Contributions
to Social Security............................ 177,832
For Contractual Services........................ 550,200
For Travel...................................... 4,200
For Commodities................................. 22,900
For Printing.................................... 11,400
For Equipment................................... 141,500
For Telecommunications.......................... 44,300
Total $3,487,826
Administration of the Third Appellate District
For Personal Services........................... $ 1,531,279
For Extra Help.................................. 24,400
For State Contributions to
State Employees' Retirement................... 149,499
For State contributions
to Social Security............................ 119,850
For Contractual Services........................ 379,200
For Travel...................................... 3,000
For Commodities................................. 19,000
For Printing.................................... 16,100
For Equipment................................... 192,400
For Telecommunications.......................... 45,000
Total $2,479,728
Administration of the Fourth Appellate District
For Personal Services........................... $ 1,566,594
For State Contributions
to State Employees' Retirement................ 150,389
For State Contributions
to Social Security............................ 120,715
For Contractual Services........................ 200,600
For Travel...................................... 3,400
For Commodities................................. 9,500
For Printing.................................... 7,500
For Equipment................................... 61,500
For Telecommunications.......................... 28,900
[April 7, 2000] 156
Total $2,149,098
Administration of the Fifth Appellate District
For Personal Services........................... $ 1,761,200
For Extra Help.................................. 3,800
For State Contributions to
State Employees' Retirement................... 171,368
For State Contributions to
Social Security............................... 137,335
For Contractual Services........................ 376,600
For Travel...................................... 4,600
For Commodities................................. 20,500
For Printing.................................... 11,900
For Equipment................................... 149,900
For Telecommunications.......................... 35,600
For Operation of
Automotive Equipment.......................... 1,100
Total $2,673,903
Total, this Section $19,513,600
Section 20. The following named sums, or so much thereof
as may be necessary, respectively, are appropriated to the
Supreme Court for ordinary and contingent expenses of the
Circuit Court:
For Circuit Clerks' Additional Duties........... $ 663,000
For Circuit Clerks' Notification Costs.......... 2,000
For Family Violence Programs.................... 652,000
For Mandatory Arbitration....................... 450,000
For Grants-in-Aid............................... 44,465,400
For Payment of Juvenile and Adult
Probation Officers' Salary Subsidies.......... 15,786,200
For Pretrial Services Programs.................. 1,418,800
For Personal Services:
Official Court Reporting...................... 30,617,649
Circuit Court Personnel....................... 1,423,081
For State Contribution
to State Employees' Retirement................ 3,074,914
For State Contribution
to Social Security............................ 2,441,261
For Travel:
Official Court Reporting...................... 138,500
Circuit Court Personnel....................... 7,600
For Contractual Services: Transcript Fees
for Official Court Reporters.................. 3,394,800
For Equipment................................... 310,400
Total, this Section $104,845,605
Section 25. The following named sums, or so much thereof
as may be necessary, respectively, are appropriated for the
objects and purposes hereinafter named, are appropriated to
the Supreme Court for ordinary and contingent expenses of the
Administrative Office of the Illinois Courts:
For Personal Services........................... $ 4,674,055
For Retirement - Paid by Employer............... 2,183,971
For State Contributions to
State Employees' Retirement.................. 447,713
For State Contributions to
Social Security.............................. 357,827
For Contractual Services........................ 1,281,200
For Travel...................................... 173,400
For Commodities................................. 65,500
For Printing.................................... 89,700
For Equipment................................... 57,100
For Electronic Data Processing.................. 1,974,400
For Telecommunications.......................... 173,000
For Operation of
Automotive Equipment......................... 9,200
For Probation Training.......................... 295,400
For Contractual Services: Judicial Conference
157 [April 7, 2000]
and Supreme Court Committees................. 328,700
For Judges' Out-of-State
Educational Programs......................... 57,900
For Training of Circuit Court Officers
and Personnel................................ 50,000
Total, this Section $12,219,066
Section 30. The sum of $10,000, or so much thereof as may be
necessary, is appropriated to the Supreme Court for the contingent
expenses of the Illinois Courts Commission.
Section 35. The sum of $8,320,000, or so much thereof as may be
necessary, is appropriated from the Mandatory Arbitration Fund to the
Supreme Court for Mandatory Arbitration Programs.
Section 40. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Foreign Language Interpreter Fund
to the Supreme Court for the Foreign Language Interpreter Program.
ARTICLE 7
Section 5. The following named amounts, or so much of those
amounts as may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated to the Office of the Secretary of
State to meet the ordinary, contingent and distributive expenses of the
following organizational units of the Office of the Secretary of State:
EXECUTIVE GROUP
For Personal Services:
For Regular Positions:
Payable from General Revenue
Fund ......................................... $ 3,933,010
For Extra Help:
Payable from General Revenue
Fund ......................................... 20,328
For Employee Contribution to State
Employees' Retirement System:
Payable from General Revenue
Fund ........................................ 2,027,723
Payable from Road Fund ....................... 3,394,727
Payable from Vehicle
Inspection Fund ............................. 43,648
For State Contribution to State
Employees' Retirement System:
Payable from General Revenue
Fund ........................................ 387,427
For State Contribution to
Social Security:
Payable from General Revenue
Fund ........................................ 302,430
For Contractual Services:
Payable from General Revenue
Fund ......................................... 821,100
For Travel Expenses:
Payable from General Revenue
Fund ......................................... 82,300
For Commodities:
Payable from General Revenue
Fund ......................................... 37,700
For Printing:
Payable from General Revenue
Fund ......................................... 12,600
For Equipment:
Payable from General Revenue
Fund ......................................... 1
For Telecommunications:
Payable from General Revenue
Fund ......................................... 173,000
GENERAL ADMINISTRATIVE GROUP
For Personal Services:
[April 7, 2000] 158
For Regular Positions:
Payable from General Revenue
Fund ......................................... $37,689,870
Payable from Road Fund......................... 4,888,773
Payable from Securities Audit
and Enforcement Fund.......................... 2,329,156
Payable from Division of Corporations
Special Operations Fund....................... 455,674
Payable from Lobbyist Registration
Fund ......................................... 180,566
Payable from Registered Limited
Liability Partnership Fund.................... 60,335
For Extra Help:
Payable from General Revenue
Fund ......................................... 637,498
Payable from Road Fund......................... 362,475
Payable from Securities Audit
and Enforcement Fund.......................... 11,400
Payable from Division of Corporations
Special Operations Fund....................... 19,012
For Employee Contribution to State
Employees' Retirement System:
Payable from Securities Audit
and Enforcement Fund......................... 93,166
Payable from Division of Corporations
Special Operations Fund...................... 18,876
Payable from Lobbyist Registration
Fund ........................................ 7,223
Payable from Registered Limited
Liability Partnership Fund................... 2,413
For State Contribution to
State Employees' Retirement System:
Payable from General Revenue
Fund ........................................ 3,756,082
Payable from Road Fund........................ 514,623
Payable from Securities Audit
and Enforcement Fund......................... 229,374
Payable from Division of Corporations
Special Operations Fund...................... 46,519
Payable from Lobbyist Registration
Fund ........................................ 17,695
Payable from Registered Limited
Liability Partnership Fund................... 5,913
For State Contribution to
Social Security:
Payable from General Revenue
Fund ........................................ 2,818,622
Payable from Road Fund........................ 387,443
Payable from Securities Audit
and Enforcement Fund......................... 176,723
Payable from Division of Corporations
Special Operations Fund...................... 36,313
Payable from Lobbyist Registration
Fund ........................................ 13,813
Payable from Registered Limited
Liability Partnership Fund................... 4,616
For Group Insurance:
Payable from Securities Audit
and Enforcement Fund.......................... 313,200
Payable from Division of Corporations
Special Operations Fund....................... 73,950
Payable from Lobbyist Registration
Fund ......................................... 29,000
Payable from Registered Limited
Liability Partnership Fund.................... 11,600
159 [April 7, 2000]
For Contractual Services:
Payable from General Revenue
Fund ......................................... 13,176,700
Payable from Road Fund......................... 1,279,445
Payable from Securities Audit
and Enforcement Fund.......................... 359,047
Payable from Division of Corporations
Special Operations Fund....................... 33,053
Payable from Motor Fuel Tax Fund............... 475,700
Payable from Lobbyist Registration
Fund ......................................... 16,165
Payable from Registered Limited
Liability Partnership Fund.................... 450
For Travel Expenses:
Payable from General Revenue
Fund ......................................... 199,300
Payable from Road Fund......................... 305,205
Payable from Securities Audit
and Enforcement Fund.......................... 246,034
Payable from Division of Corporations
Special Operations Fund....................... 5,588
Payable from Lobbyist Registration
Fund ......................................... 1,200
For Commodities:
Payable from General Revenue
Fund ......................................... 962,300
Payable from Road Fund......................... 31,358
Payable from Securities Audit
and Enforcement Fund.......................... 20,000
Payable from Division of Corporations
Special Operations Fund....................... 8,200
Payable from Lobbyist Registration
Fund ......................................... 4,000
Payable from Registered Limited
Liability Partnership Fund.................... 950
For Printing:
Payable from General Revenue
Fund ......................................... 760,147
Payable from Road Fund......................... 33,710
Payable from Securities Audit
and Enforcement Fund.......................... 25,210
Payable from Division of Corporations
Special Operations Fund....................... 7,562
Payable from Lobbyist Registration
Fund ......................................... 5,500
For Equipment:
Payable from General Revenue
Fund ......................................... 401,200
Payable from Road Fund......................... 1
Payable from Securities Audit
and Enforcement Fund.......................... 187,000
Payable from Division of Corporations
Special Operations Fund....................... 53,640
Payable from Lobbyist Registration
Fund ......................................... 23,750
Payable from Registered Limited
Liability Partnership Fund.................... 8,555
For Electronic Data Processing:
Payable from General Revenue Fund.............. 1
Payable from Road Fund......................... 1
Payable from the Secretary of State
Special Services Fund......................... 4,000,000
For Telecommunications:
Payable from General Revenue
Fund ......................................... 425,700
Payable from Road Fund......................... 75,447
[April 7, 2000] 160
Payable from Securities Audit
and Enforcement Fund.......................... 95,004
Payable from Division of Corporations
Special Operations Fund....................... 7,932
Payable from Lobbyist Registration
Fund ......................................... 2,100
Payable from Registered Limited
Liability Partnership Fund.................... 770
For Operation of Automotive Equipment:
Payable from General Revenue
Fund ......................................... 372,000
For Refund of Fees and Taxes:
Payable from General Revenue
Fund ......................................... 15,000
Payable from Road Fund......................... 1,275,501
MOTOR VEHICLE GROUP
For Personal Services:
For Regular Positions:
Payable from General Revenue Fund.............. $ 28,415,756
Payable from Road Fund......................... 52,530,174
Payable from Vehicle Inspection Fund........... 1,042,458
Payable from the Secretary of State
Special License Plate Fund.................... 403,160
Payable from Motor Vehicle Review
Board Fund.................................... 105,002
For Extra Help:
Payable from General Revenue
Fund ......................................... 134,988
Payable from Road Fund......................... 5,234,982
Payable From Vehicle Inspection Fund........... 48,730
For Employees Contribution to
State Employees' Retirement System:
Payable from the Secretary of State
Special License Plate Fund................... 16,126
Payable from Motor Vehicle Review
Board Fund................................... 4,200
For State Contribution to
State Employees' Retirement System:
Payable from General Revenue
Fund ........................................ 837,925
Payable from Road Fund........................ 7,620,986
Payable From Vehicle Inspection Fund.......... 106,936
Payable from the Secretary of State
Special License Plate Fund................... 39,510
Payable from Motor Vehicle Review
Board Fund................................... 10,290
For State Contribution to
Social Security:
Payable from General Revenue
Fund ........................................ 639,168
Payable from Road Fund........................ 5,328,903
Payable From Vehicle Inspection Fund.......... 80,349
Payable from the Secretary of State
Special License Plate Fund................... 30,439
Payable from Motor Vehicle Review
Board Fund................................... 8,033
For Group Insurance:
Payable From Vehicle Inspection Fund........... 209,960
Payable from the Secretary of State
Special License Plate Fund.................... 87,000
For Contractual Services:
Payable from General Revenue
Fund ......................................... 446,700
Payable from Road Fund......................... 12,060,100
Payable from Vehicle Inspection Fund........... 577,572
Payable from CDLIS AAMVANET
161 [April 7, 2000]
Trust Fund.................................... 450,000
Payable from the Secretary of State
Special License Plate Fund.................... 8,440
Payable from Motor Vehicle Review
Board Fund.................................... 70,000
For Travel Expenses:
Payable from General Revenue
Fund ......................................... 131,800
Payable from Road Fund......................... 713,600
Payable from Vehicle Inspection Fund........... 4,000
Payable from the Secretary of State
Special License Plate Fund.................... 1,652
Payable from Motor Vehicle Review
Board Fund.................................... 2,500
For Commodities:
Payable from General Revenue
Fund ......................................... 263,500
Payable from Road Fund......................... 6,200,537
Payable from Vehicle Inspection Fund........... 24,000
Payable from the Secretary of State
Special License Plate Fund.................... 368,419
For Printing:
Payable from General Revenue
Fund ......................................... 200,900
Payable from Road Fund......................... 4,823,085
Payable from Vehicle Inspection Fund........... 65,900
Payable from the Secretary of State
Special License Plate Fund.................... 1
For Equipment:
Payable from General Revenue
Fund ......................................... 1
Payable from Road Fund......................... 851,581
Payable from Vehicle Inspection Fund........... 1
Payable from the Secretary of State
Special License Plate Fund.................... 70,105
Payable from Motor Vehicle Review
Board Fund.................................... 1
For Telecommunications:
Payable from General Revenue
Fund ......................................... 75,600
Payable from Road Fund......................... 2,111,842
Payable from Vehicle Inspection Fund........... 4,300
Payable from the Secretary of State
Special License Plate Fund.................... 1
For Operation of Automotive Equipment:
Payable from Road Fund......................... 458,000
Section 10. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
to the Office of the Secretary of State for alterations,
rehabilitation, and nonrecurring repairs and maintenance of
the interior and exterior of the various buildings and
facilities, under the jurisdiction of the Office of the
Secretary of State, including sidewalks, terrace and grounds
and all labor, materials, and other costs incidental to the
above work:
From General Revenue Fund....................... $650,000
Section 15. The following amount, or so much of this
amount as may be necessary, is appropriated to the Office of
the Secretary of State for plans, specifications, and
continuation of work pursuant to the report and
recommendations of the architectural, structural, and
mechanical surveys of the State Capitol Building. This is for
the continuation of the rehabilitation of the Capitol
Building:
From Capital Development Fund................... $1,500,000
[April 7, 2000] 162
Section 20. The following amounts, or so much of these
amounts as may be necessary, is appropriated to the office of
the Secretary of State for the following purposes:
For annual equalization grants, per capita and area
grants, and per capita grants to public libraries, under
Section 8 of the Illinois Library Systems Act. This amount is
in addition to any amount otherwise appropriated to the
Office of the Secretary of State:
From General Revenue Fund ...................... $24,284,200
From Live and Learn Fund ....................... $ 9,500,000
Section 25. The following amount, or so much of this
amount as may be necessary, is appropriated to the office of
the Secretary of State for library services for the blind and
physically handicapped:
From General Revenue Fund....................... $2,427,136
From Live and Learn Fund ....................... $ 300,000
Section 30. The following amount, or so much of this
amount as may be necessary, is appropriated to the office of
the Secretary of State for tuition and fees for Illinois
Archival Depository System Interns:
From General Revenue Fund....................... $42,500
Section 35. The following amounts, or so much of these
amounts as may be necessary, respectively, are appropriated
to the office of the Secretary of State for the following
purposes:
For library services under the Federal Library Services
and Construction Act, P.L. 84-597 and P.L. 104-208, as
amended. These amounts are in addition to any amounts
otherwise appropriated to the Office of the Secretary of
State.
From Federal Library Services Fund:
For LSTA Title IA.............................. 8,454,500
For LSCA ..................................... 175,800
Section 40. The following amount, or so much of this
amount as may be necessary, is appropriated to the Office of
the Secretary of State for support and expansion of the
Literacy Programs administered by education agencies,
libraries, volunteers, or community based organizations or a
coalition of any of the above:
From General Revenue Fund....................... $5,000,000
Section 45. The amount of $286,000, or so much thereof
as may be necessary, and remains unexpended on June 30, 1999,
from appropriations heretofore made for such purposes in
Section 45 of Article 10 of Public Act 90-585, is
reappropriated from the Capital Development Fund to the
Secretary of State, as State Librarian, for the purpose of
making grants to the Brainerd Branch Public Library for
construction and renovation as provided in Section 8 of the
Illinois Library Systems Act.
Section 50. The amount of $10,000, or so much of this
amount as may be necessary, is appropriated from the General
Revenue Fund to the Office of the Secretary of State for
nonsalaried expenses used in furtherance of investigative and
enforcement activities under the Illinois Securities Act of
1953, and which have been approved for reimbursement by any
entity, governmental or nongovernmental, making funds
available for such purposes.
Section 55. The amount of $128,000, or so much of this
amount as may be necessary, is appropriated from the Office
of the Secretary of State Grant Fund to the Office of the
Secretary of State to be expended in accordance with the
terms and conditions upon which such funds were received.
Section 60. The following amount, or so much of this
amount as may be necessary, is appropriated to the Office of
the Secretary of State for the following purposes:
163 [April 7, 2000]
For annual per capita grants to all school districts of
the state for the establishment and operation of qualified
school libraries or the additional support of existing
qualified school libraries under Section 8.4 of the Illinois
Library Systems Act. This amount is in addition to any amount
otherwise appropriated to the Office of the Secretary of
State.
From General Revenue Fund ...................... $425,000
From Live and Learn Fund ....................... $1,000,000
Section 65. The amount of $76,000, or so much of this
amount as may be necessary, is appropriated to the Office of
the Secretary of State from the Securities Investors
Education Fund for nonsalaried expenses used to promote
public awareness of the dangers of securities fraud.
Section 70. The amount of $4,700, or so much thereof as
may be necessary, and remains unexpended on June 30, 1999,
from appropriations heretofore made for such purposes in
Section 70 of Article 10 of Public Act 90-585, is
reappropriated from the Illinois Civic Center Bond Fund to
the Secretary of State for a grant under the amended
Metropolitan Civic Center Support Act to the Chicago Public
Library for all cost associated with the planning,
specifications, and continuations of renovations or new
construction, including furnishings and equipment for the
following capital projects:
For completion of capital projects begun under the Build
Illinois Program in Fiscal Year 1990 ............ $4,700
Including the following projects:
Clearing Branch
Near West Branch
North Pulaski/Humboldt Branch Consolidation
Auburn/Hamilton Park Branch Consolidation
McKinley Park Branch
Walker Branch
North Austin Branch
South Chicago Branch
Pullman Branch
Section 75. The following amount, or so much of this
amount as may be necessary, is appropriated to the office of
the Secretary of State for support and expansion of the
Workplace Literacy Programs administered by business.
From General Revenue Fund ...................... $1,000,000
Section 80. The amount of $100,000, or so much of this
amount as may be necessary, is appropriated to the Secretary
of State from the Secretary of State Evidence Fund for the
purchase of evidence, for the employment of persons to obtain
evidence, and for the payment for any goods or services
related to obtaining evidence.
Section 85. The following amounts, or so much of these
amounts as may be necessary, are appropriated to the
Secretary of State for grants to library systems for library
computers and new technologies to promote and improve
interlibrary cooperation and resource sharing programs among
Illinois libraries.
From Live and Learn Fund........................ $2,000,000
Section 90. The following amounts, or so much of these
amounts as may be necessary, respectively, are appropriated
to the Office of the Secretary of State for support and
expansion of Family Literacy Programs. This amount is in
addition to any amount otherwise appropriated to the Office
of the Secretary of State.
From Live and Learn Fund ....................... $ 500,000
From Secretary of State Special
Services Fund.................................. 1,000,000
From General Revenue Fund ...................... 400,000
[April 7, 2000] 164
Section 95. The following amount, or so much of this
amount as may be necessary, is appropriated to the Secretary
of State from the Live and Learn Fund for the purpose of
making grants to libraries for construction and renovation as
provided in Section 8 of the Illinois Library Systems Act.
This amount is in addition to any amount otherwise
appropriated to the Office of the Secretary of State.
From Live and Learn Fund ....................... $4,900,000
Section 100. The following amount, or so much of this
amount as may be necessary, is appropriated to the Secretary
of State from the Live and Learn Fund for the purpose of
promotion of organ and tissue donations.
From Live and Learn Fund ....................... $2,000,000
Section 105. The amount of $5,454,032, or so much
thereof as may be necessary, and remains unexpended on June
30, 1999, from appropriations heretofore made for such
purposes in Section 95 and Section 105 of Article 10 of
Public Act 90-585, is reappropriated from Live and Learn Fund
to the Office of the Secretary of State for the purpose of
making grants to libraries for construction and renovation as
provided by Section 8 of the Illinois Library Systems Act.
Section 110. The amount of $100,000, or so much thereof
as may be necessary, and remains unexpended on June 30, 1999,
from appropriations heretofore made for such purposes in
Section 110 of Article 10 of Public Act 90-585, is
reappropriated from Capital Development Fund to the Secretary
of State for making grants to the Chicago Library System for
land acquisition, planning, construction, reconstruction,
rehabilitation, and all necessary cost associated with the
establishment of a regional library.
Section 115. The amount of $50,000, or so much of this
amount as may be necessary is appropriated from the Road Fund
to the Office of the Secretary of State for expenses incurred
in the furtherance of enforcement activities for the Breath
Alcohol Ignition Interlock Device pilot program set forth in
P.A. 88-238, and which have been approved by any governmental
entity making funds available for such purposes.
Section 120. The amount of $8,000,000, or so much
thereof as may be necessary, is appropriated from the
Secretary of State Special Services Fund to the Office of the
Secretary of State for office automation and technology.
Section 125. The following amounts, or so much of these
amounts as may be necessary, are appropriated to the Office
of the Secretary of State for annual library technology
grants and for direct purchase of equipment and services that
support library development and technology advancement in
libraries statewide.
From Secretary of State Special
Services Fund.................................. $4,000,000
From Live and Learn Fund ....................... 700,000
From General Revenue Fund ...................... 814,117
Total $5,514,117
Section 135. The sum of $7,000,000, or so much of this amount as
may be necessary, respectively, is appropriated to the Office of the
Secretary of State for expenses associated with assuring that all
computer applications, both hardware and software, as well as the
office embedded systems will be Y2K compliant and capable of meeting
all requirements generated by the year 2000.
ARTICLE 8
Section 5. The following named amounts, or so much thereof as may
be necessary, respectively, for the objects and purposes hereinafter
named, are appropriated to meet the ordinary and contingent expenses of
the following divisions of the State Comptroller for the Fiscal Year
ending June 30, 2000:
Administration
For Personal Services........................... $3,431,800
165 [April 7, 2000]
For Employee Retirement Contributions
Paid by the Employer........................ 137,300
For State Contribution to State
Employees' Retirement System................ 336,300
For State Contribution to
Social Security............................. 262,500
For Contractual Services........................ 1,657,900
For Travel...................................... 53,100
For Commodities................................. 66,700
For Printing.................................... 71,000
For Equipment................................... 12,800
For Telecommunications.......................... 287,300
For Electronic Data Processing.................. 31,000
For Operation of Auto
Equipment..................................... 17,700
Total $6,748,000
Statewide Fiscal Operations
For Personal Services........................... $4,183,500
For Employee Retirement Contributions
Paid by the Employer.......................... 167,300
For State Contribution to State
Employees' Retirement System.................. 410,000
For State Contribution to
Social Security............................... 320,100
For Contractual Services........................ 355,800
For Travel...................................... 8,800
For Commodities................................. 43,200
For Printing.................................... 0
For Equipment................................... 1,000
For Electronic Data Processing.................. 0
Total $5,653,600
Electronic Data Processing
For Personal Services........................... $4,065,500
For Employee Retirement Contributions
Paid by the Employer.......................... 162,600
For State Contribution to State
Employees' Retirement System.................. 398,400
For State Contribution to
Social Security............................... 311,000
For Contractual Services........................ 2,715,900
For Travel...................................... 4,000
For Commodities................................. 209,900
For Printing.................................... 401,000
For Equipment................................... 0
For Telecommunications.......................... 0
For Electronic Data
Processing.................................... 1,839,500
Total $10,762,900
Special Audits
For Personal Services........................... $1,722,100
For Employee Retirement Contributions
Paid by the Employer.......................... 68,900
For State Contribution to State
Employees' Retirement System.................. 168,800
For State Contribution to
Social Security............................... 131,700
For Contractual Services........................ 35,600
For Travel...................................... 78,500
For Commodities................................. 3,000
For Printing.................................... 0
For Equipment................................... 0
For Electronic Data Processing.................. 0
For Expenses of Local Government
Officials Training............................ 12,500
For Contractual Services for auditing
local governments............................. 19,500
[April 7, 2000] 166
Total $2,240,600
Merit Commission
For Merit Commission Expenses.........................$74,800
Section 7. The sum of $1,323,500, or so much thereof as
may be necessary, is appropriated to the State Comptroller
from the Comptroller's Administrative Fund for the discharge
of duties of the office, pursuant to Public Act 89-511.
Section 10. The amount of $50,300, or so much thereof as
may be necessary, is appropriated to the State Comptroller
from the State Lottery Fund for expenses in connection with
the State Lottery.
Section 15. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the State Comptroller to pay the elected State officers of
the Executive Branch of the State Government, at various
rates prescribed by law:
For the Governor................................ $ 140,200
For the Lieutenant Governor..................... 107,200
For the Secretary of State...................... 123,700
For the Attorney General........................ 123,700
For the Comptroller............................. 107,200
For the State Treasurer......................... 107,200
Total $709,200
Section 20. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the State Comptroller to pay certain appointed officers of
the Executive Branch of the State Government, at the various
rates prescribed by law:
From General Revenue Fund
Department on Aging
For the Director................................ $ 82,500
Department of Agriculture
For the Director................................ 99,000
For the Assistant Director...................... 82,500
Department of Central Management Services
For the Director................................ 103,100
For two Assistant Directors..................... 173,200
Department of Children and Family Services
For the Director................................ 104,700
Department of Corrections
For the Director................................ 115,600
For two Assistant Directors..................... 164,900
Department of Commerce and Community Affairs
For the Director................................ 99,000
For the Assistant Director...................... 82,500
Environmental Protection Agency
For the Director................................ 99,000
Department of Financial Institutions
For the Director................................ 82,500
For the Assistant Director...................... 70,900
Department of Human Services
For the Secretary............................... 115,600
For 2 Assistant Secretaries..................... 181,400
Department of Insurance
For the Director................................ 90,700
For the Assistant Director...................... 74,200
Department of Labor
For the Director................................ 90,700
For the Assistant Director...................... 74,200
For the Chief Factory Inspector................. 41,300
For the Superintendent of Safety Inspection
and Education................................. 45,400
Department of State Police
For the Director................................ 99,000
For the Assistant Director...................... 82,500
Department of Military Affairs
167 [April 7, 2000]
For the Adjutant General........................ 80,000
For two Chief Assistants to the
Adjutant General.............................. 141,800
Department of Natural Resources
For the Director................................ 99,000
For the Assistant Director...................... 82,500
For six Mine Officers........................... 74,200
For four Miners' Examining Officers............. 40,800
Department of Nuclear Safety
For the Director................................ 85,800
Illinois Labor Relations Board
For the Chairman................................ 82,500
For two State Labor Relations Board
members....................................... 148,400
For two Local Labor Relations Board
members....................................... 148,400
Department of Public Aid
For the Director................................ 107,200
For the Assistant Director...................... 90,700
Department of Public Health
For the Director................................ 107,200
For the Assistant Director...................... 90,700
Department of Professional Regulation
For the Director................................ 90,700
Department of Revenue
For the Director................................ 107,200
For the Assistant Director...................... 90,700
Property Tax Appeal Board
For the Chairman................................ 49,200
For four members ............................... 160,100
Department of Veterans' Affairs
For the Director................................ 80,000
For the Assistant Director...................... 70,900
Civil Service Commission
For the Chairman................................ 19,100
For two members................................. 29,700
Commerce Commission
For the Chairman................................ 102,800
For four members................................ 362,700
Court of Claims
For the Chief Judge............................. 52,300
For the six Judges.............................. 284,000
State Board of Elections
For the Chairman................................ 46,200
For the Vice-Chairman........................... 38,000
For six members................................. 173,500
Illinois Emergency Management Agency
For the Director................................ 80,000
Department of Human Rights
For the Director................................ 85,800
Human Rights Commission
For the Chairman................................ 39,700
For twelve members.............................. 439,400
Industrial Commission
For the Chairman................................ 99,000
For six members................................. 557,000
Liquor Control Commission
For the Chairman................................ 23,000
For four members................................ 77,600
For the Secretary............................... 29,700
For the Chairman and one member as
designated by law, $100 per diem
for work on a license appeal
commission.................................... 6,800
Pollution Control Board
For the Chairman................................ 95,700
[April 7, 2000] 168
For six members................................. 554,700
Prisoner Review Board
For the Chairman................................ 72,800
For eleven members of the
Prisoner Review Board......................... 725,200
Secretary of State Merit Commission
For the Chairman................................ 13,600
For four members................................ 39,600
State Sanitary District Observer
For the State Sanitary District Observer........ 24,800
Educational Labor Relations Board
For the Chairman................................ 82,500
For four members................................ 291,000
Department of State Police
For five members of the State Police
Merit Board, $181 or $188 per diem,
whichever is applicable in accordance
with law, for a maximum of 100
days each..................................... 92,600
Department of Transportation
For the Secretary............................... 107,200
For the Assistant Secretary..................... 90,700
Total, General Revenue Fund $9,019,100
Office of the State Fire Marshal
For the State Fire Marshal:
From Fire Prevention Fund............................80,000
Illinois Racing Board
For nine members of the Illinois
Racing Board, $300 per diem to a
maximum of $9,894 as prescribed
by law:
From Agricultural Premium Fund.........................86,800
Department of the Lottery
For the Director:
From State Lottery Fund..............................90,700
Commissioner of Banks and Trust Companies
Payable from Bank and Trust Company Fund:
For the Commissioner............................ 102,600
For the First Deputy Commissioner............... 94,700
For two Deputy Commissioners.................... 173,600
Total, Bank and Trust Company Fund.......... $370,900
Department of Employment Security
Payable from Title III Social Security
and Employment Service Fund:
For the Director................................ 107,200
For five members of the Board
of Review..................................... 75,000
Total $182,200
Subtotals:
General Revenue............................... $ 9,019,100
Fire Prevention............................... 80,000
Agricultural Premium.......................... 86,800
State Lottery................................. 90,700
Bank and Trust Company Fund................... 370,900
Title III Social Security and
Employment Service Fund...................... 182,200
Total $9,829,700
Section 25. The following named amounts, or so much thereof as may
be necessary, respectively, are appropriated to the State Comptroller
to pay certain officers of the Legislative Branch of the State
Government, at the various rates prescribed by law:
Office of Auditor General
For the Auditor General......................... $ 104,700
For two Deputy Auditor Generals................. 194,600
Total $299,300
Officers and Members of General Assembly
169 [April 7, 2000]
For salaries of the 118 members
of the House of Representatives................. $ 6,429,800
For salaries of the 59 members of the Senate.... 3,229,000
Total $9,658,800
For additional amounts, as prescribed
by law, for party leaders in both
chambers as follows:
For the Speaker of the House,
the President of the Senate and
Minority Leaders of both Chambers............. $ 87,000
For the Majority Leader of the House............ 18,400
For the eleven assistant majority and
minority leaders in the Senate................ 179,500
For the twelve assistant majority
and minority leaders in the House............. 171,300
For the majority and minority
caucus chairmen in the Senate................. 32,700
For the majority and minority
conference chairmen in the House.............. 28,600
For the two Deputy Majority and the two
Deputy Minority leaders in the House.......... 62,600
For chairmen and minority spokesmen of
standing committees in the Senate
except the Rules Committee, the Committee
on Committees and the Committee on the
Assignment of Bills............................. 277,400
For chairmen and minority
spokesmen of standing and select
committees in the House....................... 717,900
Total $1,575,400
For per diem allowances for the
members of the Senate, as
provided by law............................... $ 401,400
For per diem allowances for the
members of the House, as
provided by law............................... 802,800
For mileage for all members of the
General Assembly, as provided
by law........................................ 420,000
Total $1,624,200
Section 30. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated to the State
Comptroller in connection with the payment of salaries for
officers of the Executive and Legislative Branches of State
Government:
For State Contribution to State Employees'
Retirement System:
From General Revenue Fund.................... $ 913,300
From Agricultural Premium Fund............... 8,600
From Fire Prevention Fund.................... 7,900
From State Lottery Fund...................... 8,900
From Bank and Trust Company Fund............. 36,400
From Title III Social Security
and Employment Service Fund................. 17,900
Total $993,000
For State Contribution to Social Security:
From General Revenue Fund..................... $ 886,100
From Agricultural Premium Fund................ 6,700
From Fire Prevention Fund..................... 6,200
From State Lottery Fund....................... 7,000
From Bank and Trust Company Fund.............. 28,400
From Title III Social Security
and Employment Service Fund.................. 14,000
Total $948,400
For Group Insurance:
[April 7, 2000] 170
From Fire Prevention Fund..................... $ 5,800
From State Lottery Fund....................... 5,800
From Bank and Trust Company Fund.............. 23,200
From Title III Social Security and
Employment Service Fund...................... 34,800
Total $69,600
Section 35. The amount of $50,000, or so much thereof as
may be necessary, is appropriated to the State Comptroller
for contingencies in the event that any amounts appropriated
in Sections 15 through 30 are insufficient.
Section 40. The amount of $4,259,000, or so much thereof
as may be necessary, is appropriated to the State Comptroller
for grants to certain public radio and television stations
and related administrative expenses, pursuant to the Public
Radio and Television Grant Act.
Section 999. Effective date. This Act takes effect July 1, 1999.".
AMENDMENT NO. 02. Amend House Bill 1534, in the Senate, on page 1,
by deleting everything after the enacting clause and inserting in lieu
thereof the following:
"ARTICLE 1
Section 1. "AN ACT regarding appropriations and reappropriations,"
Public Act 91-20, approved June 7, 1999, is amended by changing Section
6 of Article 13 as follows:
(P.A. 91-20, Art. 13, Sec. 6)
Sec. 6. The following named amounts, or so much thereof as may be
necessary, respectively, are appropriated for the ordinary and
contingent expenses of the Department on Aging:
DISTRIBUTIVE ITEMS
GRANTS-IN-AID
Payable from General Revenue Fund:
For the purchase of Illinois Community
Care Program homemaker and Senior
Companion Services ............ $159,377,000 $162,377,000
For other services provided by the
Illinois Act on the Aging ..... 386,000
For Case Coordination
Units ......................... 20,767,000 17,767,000
For Grants for distribution to the 13 Area
Agencies on Aging for costs for home
delivered meals and mobile food equipment ... 5,418,500
Grants for Community Based Services
including information and referral
services, transportation and delivered
meals ....................................... 3,107,200
For Grants for Adult Day Care Services ....... 10,255,100
For Purchase of Services in connection with
Alzheimer's Initiative and Related
Programs .................................... 107,100
For Grants for Retired Senior
Volunteer Program ........................... 800,000
For Planning and Service Grants to
Area Agencies on Aging ...................... 2,293,300
For Grants for the Foster
Grandparent Program ......................... 350,000
For Expenses to the Area Agencies
on Aging for Long-Term Care Systems
Development ................................. 282,400
For Grants for Suburban Area Agency
on Aging for the Red
Tape Cutter Program ......................... 232,500
For Grants for Chicago Department on Aging
for the Red Tape Cutter Program ............. 542,500
For the Ombudsman Program .................... 400,000
Total $204,318,600
171 [April 7, 2000]
Payable from Services for Older Americans Fund:
For Grants for Social Services ............... $ 18,330,100
For Grants for Nutrition Services ............ 27,380,400
For Grants for Employment Services ........... 3,383,700
For Grants for USDA Adult Day Care ........... 1,000,000
Total $50,094,200
Section 2. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Sections 11A and 17 of Article 14 as
follows:
(P.A. 91-20, Art. 14, Sec. 11A)
Sec. 11A. The following named amounts, or so much
thereof as may be necessary, are appropriated to the
Department of Agriculture for:
BUREAU OF STATE FAIR
Payable from the Illinois State Fair Fund:
For Operations of the
1999 State Fair ............... $2,245,500 $2,200,000
For Entertainment at the 1999
State Fair .................................. 1,000,000
Total $3,245,500 $3,200,000
(P.A. 91-20, Art. 14, Sec. 17)
Sec. 17. The following named amounts, or so much thereof
as may be necessary, are appropriated to the Department of
Agriculture for:
ILLINOIS STATE FAIR PROGRAMS
Payable from the General Revenue Fund:
For Awards to Livestock Breeders at
rates provided by law ....................... $ 172,400
For Awards and Premiums at the
Illinois State Fair ......................... 319,000
For Awards and Premiums for Grand
Circuit Horse Racing at the
Illinois State Fairgrounds .................. 148,100
Total $639,500
Payable from the Illinois State Fair Fund:
For Awards to Livestock Breeders at
rates provided by law ......... $ 69,900 $ 57,400
For Awards and Premiums at the
Illinois State Fair ........... 215,200 173,200
For Awards and Premiums for Grand
Circuit Horse Racing at the
Illinois State Fairgrounds .................. 49,400
Total $334,500 $280,000
Section 3. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 4 of Article 15 as follows:
(P.A. 91-20, Art. 15, Sec. 4)
Sec. 4. The following named amounts, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named are appropriated to the Department
of Central Management Services:
BUREAU OF BENEFITS
PAYABLE FROM GENERAL REVENUE FUND
For Personal Services ........................ $ 528,600
For Employee Retirement Contributions
Paid by Employer ............................ 21,200
For State Contributions to State
Employees' Retirement System ................ 51,900
For State Contributions to Social
Security .................................... 40,500
For Group Insurance ............ 589,085,600 524,085,600
For Contractual Services ..................... 107,200
For Travel ................................... 8,600
For Commodities............................... 9,900
For Printing ................................. 4,300
[April 7, 2000] 172
For Equipment ................................ 1,700
For Telecommunications Services .............. 14,900
For Operation of Auto Equipment .............. 900
For payment of claims under the
Representation and Indemnification
in Civil Law Suits Act ...................... 2,447,200
For payment of Workers' Compensation
Act claims and contractual services in
connection with said claims
payments .................................... 17,703,000
For auto liability, adjusting and administration
of claims, loss control and prevention
services, and auto
liability claims .............. 3,402,900 1,752,900
Total 613,428,400 $546,778,400
PAYABLE FROM LOCAL GOVERNMENT HEALTH INSURANCE RESERVE FUND
For Personal Services ........................ $ 473,100
For Employee Retirement Contributions
Paid by Employer ............................ 19,000
For State Contributions to State
Employees' Retirement System ................ 46,400
For State Contributions to Social
Security .................................... 36,200
For Group Insurance .......................... 69,600
For Contractual Services ..................... 180,000
For Travel ................................... 13,000
For Commodities............................... 10,000
For Printing ................................. 140,000
For Equipment ................................ 17,700
For Electronic Data Processing ............... 47,000
For Telecommunications Services .............. 18,400
For Operation of Auto Equipment .............. 2,000
Total $1,072,400
For the Local Governments Contribution
Under Program of Group Life, Dental, Hospital,
And Surgical And Medical Insurance For
Persons Serving Local Governments ...........$ 84,111,400
PAYABLE FROM ROAD FUND
For Group Insurance ..........................$ 73,418,000
For payment of claims and claims
administration under the
Workers' Compensation Act ...................$ 4,405,500
PAYABLE FROM GROUP INSURANCE PREMIUM FUND
For expenses of Cost Containment Program ........$ 288,000
For Life Insurance Coverage As Elected By Members Per
The State Employees Group Insurance Act .....$ 74,712,000
PAYABLE FROM HEALTH INSURANCE RESERVE FUND
For Expenses of a Cost Containment Program ......$ 158,900
For Provisions of Health Care Coverage as Elected by
Eligible Members Per State Employees Group Insurance
Act ..............................$927,841,100 $862,841,100
PAYABLE FROM WORKERS' COMPENSATION REVOLVING FUND
For administrative costs of claims services
and payment of temporary total
disability claims of any state agency
or university employee .........................$ 600,000
Expenditures from appropriations for treatment and
expense may be made after the Department of Central
Management Services has certified that the injured person was
employed and that the nature of the injury is compensable in
accordance with the provisions of the Workers' Compensation
Act or the Workers' Occupational Diseases Act, and then has
determined the amount of such compensation to be paid to the
injured person.
173 [April 7, 2000]
Expenditures for this purpose may be made by the
Department of Central Management Services without regard to
the fiscal year in which benefit or services was rendered or
cost incurred as allowable or provided by the Workers'
Compensation Act or the Workers' Occupational Diseases Act.
PAYABLE FROM STATE EMPLOYEES DEFERRED COMPENSATION FUND
For expenses related to the administration
of the State Employees Deferred
Compensation Plan.............................$ 1,856,900
Section 4. "AN ACT regarding appropriations," Public Act
91-23, approved June 9, 1999, is amended by changing Section
13 of Article 10 as follows:
(P.A. 91-23, Art. 10, Sec. 13)
Sec. 13. The following named amounts, or so much thereof
as may be necessary, respectively, for payments for care of
children served by the Department of Children and Family
Services:
GRANTS-IN-AID
REGIONAL OFFICES
PAYABLE FROM GENERAL REVENUE FUND
For Foster Homes and Specialized
Foster Care
and Prevention ................ $268,192,900 $283,192,900
For Counseling Services ...................... 21,766,800
For Homemaker Services ....................... 7,665,800
For Institution and Group Home Care and
Prevention .................................. 144,027,200
For Services Associated with the Foster
Care Initiative ............................. 6,525,300
For Purchase of Adoption and
Guardianship Services ......... $124,933,700 109,933,700
For Health Care Network ...................... 4,521,700
For Cash Assistance and Housing
Locator Service to Families in the
Class Defined in the Norman Consent Order ... 3,461,400
For Youth in Transition Program .............. 698,000
For Children's Personal and
Physical Maintenance ........................ 6,519,000
For MCO Technical Assistance and
Program Development ......................... 1,693,300
For Pre Admission/Post Discharge
Psychiatric Screening ....................... 8,016,100
For Counties to Assist in the Development
of Children's Advocacy Centers .............. 1,395,900
For Psychological Assessments
including Operations and
Administrative Expenses ..................... 5,605,400
For Payments for Services to Children
in the Class Defined in the David B.
Consent Order ............................... 5,150,000
Total $611,991,800
PAYABLE FROM DCFS CHILDREN'S SERVICES FUND
For Foster Homes and Specialized
Foster Care and Prevention .................. $190,263,800
For Counseling Services ...................... 10,529,000
For Homemaker Services ....................... 2,828,700
For Institution and Group Home Care and
Prevention .................................. 120,730,800
For Services Associated with the Foster
Care Initiative ............................. 2,657,500
For Purchase of Adoption and
Guardianship Services ....................... 42,016,100
For Family Preservation Services.............. 22,504,200
For Purchase of Children's Services........... 705,100
For Family Centered Services Initiative ...... 11,000,000
Total $402,945,800
[April 7, 2000] 174
Section 5. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
as amended, is amended by changing Sections 13, 72, 119, 185,
261, 276, 285, 357, 358, 359, 360, 362, 366, 433, 443, 476,
570, 599, 607, 614, 696, 701, 809, 820, 897, 972, 1017, 1126,
1250, 1281, 1282, 1283, 1284 and 1300 of Article 16, as
amended by P.A. 91-687, approved March 8, 2000,as follows:
(P.A. 91-20, Art. 16, Sec. 13)
Sec. 13. The sum of $9,313,100 $9,293,000, or so much
thereof as may be necessary, is appropriated from the General
Revenue Fund to the Department of Commerce and Community
Affairs for the State's Share of State's Attorneys' and
Assistant State's Attorneys' salaries, including prior year
costs.
(P.A. 91-20, Art. 16, Sec. 72, as amended)
Sec. 72. The sum of $1,000,000 $500,000, or so much
thereof as may be necessary, is appropriated from the General
Revenue Fund to the Department of Commerce and Community
Affairs for a grant to the National Conference of State
Legislatures - Chicago 2000.
(P.A. 91-20, Art. 16, Sec. 119)
Sec. 119. The sum of $100,000, or so much thereof as may
be necessary and as remains unexpended at the close of
business on June 30, 1999, from appropriations heretofore
made for such purpose in Article 74, Section 198 of Public
Act 90-0585, is reappropriated from the General Revenue Fund
to the Department of Commerce and Community Affairs for the
purpose of a grant to the Village of Chatham for recreation
and play equipment. a teen center.
(P.A. 91-20, Art. 16, Sec. 185)
Sec. 185. The amount of $50,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the City of LaSalle for the purpose of all
costs associated with the construction of a new library.
reconstruction of the wading/baby pool at Hegler Park.
(P.A. 91-20, Art. 16, Sec. 261)
Sec. 261. The amount of $5,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Hyde Park Chamber of Commerce for the
purpose of general operating expenses, including, but not
limited to, program expenses, salaries, and miscellaneous
purchases. all costs associated with establishing and
operating a trolley link with the Museum of Science and
Industry.
(P.A. 91-20, Art. 16, Sec. 276)
Sec. 276. The amount of $5,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Williamson County for infrastructure
improvements in the Village of Crab Orchard for the purpose
of infrastructure improvements.
(P.A. 91-20, Art. 16, Sec. 285)
Sec. 285. The amount of $10,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Alexander County for infrastructure
improvements in the Village of Olive Branch for the purpose
of infrastructure improvements.
(P.A. 91-20, Art. 16, Sec. 357)
Sec. 357. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a one-time grant to the Village of Hazel Crest Park
District for all costs associated with the CORPS Program.
175 [April 7, 2000]
(P.A. 91-20, Art. 16, Sec. 358)
Sec. 358. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a one-time grant to the Village of Dolton Park District
for all costs associated with the CORPS Program.
(P.A. 91-20, Art. 16, Sec. 359)
Sec. 359. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a one-time grant to the Village of Robbins Park District
for all costs associated with the CORPS Program.
(P.A. 91-20, Art. 16, Sec. 360)
Sec. 360. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the City of Country Club Hills Park District
for all costs associated with the CORPS Program.
(P.A. 91-20, Art. 16, Sec. 362)
Sec. 362. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Village of Phoenix Park District for all
costs associated with the CORPS Program.
(P.A. 91-20, Art. 16, Sec. 366)
Sec. 366. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the City of Markham Park District for all
costs associated with the CORPS Program.
(P.A. 91-20, Art. 16, Sec. 433)
Sec. 433. The amount of $110,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Department of Commerce and Community
Affairs for a grant to the Glen Carbon Fire Protection
District for the construction of a new facility. Department
for the purpose of renovating and upgrading the fire station.
(P.A. 91-20, Art. 16, Sec. 443)
Sec. 443. The amount of $100,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Duncan YMCA for signage, landscaping,
equipment, operational and programmatic expenses. all costs
associated with building expansion.
(P.A. 91-20, Art. 16, Sec. 476)
Sec. 476. The amount of $50,000 $50,00, or so much
thereof as may be necessary, is appropriated from the Fund
for Illinois' Future to the Department of Commerce and
Community Affairs for a one-time grant to the Guatemala
Chamber of Commerce.
(P.A. 91-20, Art. 16, Sec. 570)
Sec. 570. The amount of $100,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Village of Tamms Volunteer Fire District
for the purpose of all costs associated with a fire truck and
equipment.
(P.A. 91-20, Art. 16, Sec. 599)
Sec. 599. The amount of $130,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Village of Woodstock for the purpose of
intersection improvements, including, but not limited to
cross walk installation and the purchase and installation of
two pedestrian crossing signs. constructing a stoplight at
Marion Catholic High School.
[April 7, 2000] 176
(P.A. 91-20, Art. 16, Sec. 607)
Sec. 607. The amount of $24,000, or so much thereof as
may be necessary, is appropriated from the Fund for
Illinois' Future to the Department of Commerce and Community
Affairs for a grant to the Village of McCullom Lake for the
purpose of purchasing computers for squad cars and/or
equipment. computers for police cars.
(P.A. 91-20, Art. 16, Sec. 614)
Sec. 614. The amount of $25,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Village of Richmond for the purpose of
street improvements, median installation, and purchase and
installation of lighting. all costs associated with lighting
on Broadway Street.
(P.A. 91-20, Art. 16, Sec. 696, as amended)
Sec. 696. The amount of $350,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Department of Commerce and Community
Affairs for a grant to the Mt. Olive Fire Protection District
for the purpose of a firehouse.
(P.A. 91-20, Art. 16, Sec. 701)
Sec. 701. The amount of $100,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Roseland Little League Baseball Association
9th Ward City of Chicago for all costs associated with
constructing and/or repairing the purpose of a little league
baseball field at 125th Place and Michigan Avenue.
(P.A. 91-20, Art. 16, Sec. 809)
Sec. 809. The amount of $75,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Western Egyptian Economic Opportunity
Council Waterloo Senior Citizens Center for expenses related
to building improvements.
(P.A. 91-20, Art. 16, Sec. 820)
Sec. 820. The amount of $2,500, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Shawnee College for the Happy Hearts Senior
Citizens. Massac City.
(P.A. 91-20, Art. 16, Sec. 897)
Sec. 897. The amount of $50,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Cornerstone for the purpose of modifying
heating, air conditioning, and sprinkler systems.
(P.A. 91-20, Art. 16, Sec. 972, as amended)
Sec. 972. The amount of $25,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the YMCA YWCA of Lake County. Waukegan.
(P.A. 91-20, Art. 16, Sec. 1017)
Sec. 1017. The amount of $80,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to Lawrence Hall Youth Services the Department of
Children and Family Services for all costs associated with
rehabilitating group homes in Rogers Park.
(P.A. 91-20, Art. 16, Sec. 1126)
Sec. 1126. The sum of $200,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for a grant to the Chatham Business Association for various
expenses of the organization. for the Small Organization.
177 [April 7, 2000]
(P.A. 91-20, Art. 16, Sec. 1250, as amended)
Sec. 1250. The sum of $600,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Department of Commerce and Community
Affairs for a grant to the Spring Garden Township Rend Lake
Conservancy District for construction of a water distribution
system.
(P.A. 91-20, Art. 16, Sec. 1281)
Sec. 1281. The sum of $1,008,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for grants to units of local government and not-for-profit
organizations for infrastructure improvements including but
not limited to planning, construction, reconstruction,
renovation, equipment, vehicles for senior citizen services,
and for all costs associated with economic development
programs, educational training and programs, community
services, public health programs and public safety programs.
and vehicles for senior citizen services.
(P.A. 91-20, Art. 16, Sec. 1282)
Sec. 1282. The sum of $2,532,700, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for grants to units of local government and not-for-profit
organizations for infrastructure improvements including but
not limited to planning, construction, reconstruction,
renovation, equipment, supplies and all costs associated with
economic development programs, educational training and
programs, community services, public health programs, and
public safety programs. and supplies.
(P.A. 91-20, Art. 16, Sec. 1283, as amended)
Sec. 1283. The sum of $20,217,200, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for grants to units of local government, educational
facilities and not-for-profit organizations for municipal,
recreational, educational, and public safety infrastructure
improvements and for other expenses, including but not
limited to training, planning, construction, reconstruction,
renovation, utilities, and equipment, and all costs
associated with economic development programs, educational
training and programs, community services, public health
programs, and public safety programs. and equipment.
(P.A. 91-20, Art. 16, Sec. 1284)
Sec. 1284. The sum of $4,900,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for grants to units of local government, educational
facilities and not-for-profit organizations for
infrastructure improvements including, but not limited to
salaries, miscellaneous operational expenses, program
expenses, and material and printing costs, and planning,
construction, reconstruction, renovation, utilities and
equipment.
(P.A. 91-20, Art. 16, Sec. 1300, as amended)
Sec. 1300. The sum of $9,834,100, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Department of Commerce and Community Affairs
for grants to units of local government, educational
facilities and not-for-profit organizations for education and
training, infrastructure improvements and other capital
projects, including but not limited to planning,
construction, reconstruction, equipment, utilities and
vehicles, and all costs associated with economic development
programs, community service programs, public health programs,
public safety programs, and other programs and activities.
[April 7, 2000] 178
Section 6. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 2 of Article 17 as follows:
(P.A. 91-20, Art. 17, Sec. 2)
Sec. 2. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Corrections for:
ADULT FIELD SERVICES
For Personal Services .......... $ 25,159,200 $ 24,718,100
For Employee Retirement Contributions
Paid by Employer .............. 1,383,800 1,359,500
For Student, Member and Inmate
Compensation .................. 130,400
For State Contributions to State
Employees' Retirement
System ........................ 2,444,000 2,401,200
For State Contributions to
Social Security ............... 1,879,200 1,845,500
For Contractual Services ....... 20,854,400 20,761,400
For Travel ..................... 322,000
For Commodities ................ 758,900 689,300
For Printing ................... 22,000
For Equipment .................. 3,998,900 1,842,500
For Telecommunications
Services ...................... 1,936,900 1,913,400
For Operation of Auto Equipment . 406,000
Total $59,295,700 $56,411,300
Section 7. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Sections 1, 5, 6.3, 11, 11.1, 12, 16,
17, 18.1, 21, 22, 25, 26, and 28 of Article 19 as follows:
(P.A. 91-20, Art. 19, Sec. 1)
Sec. 1. The following named amounts, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named are appropriated to the Department
of Human Services for income assistance and related
distributive purposes, including such Federal funds as are
made available by the Federal Government for the following
purposes:
DISTRIBUTIVE ITEMS
OPERATIONS
Payable from the Special Purposes Trust Fund:
For Personal Services ...................... $ 334,500
For Employee Retirement Contributions
Paid by Employer .......................... 13,400
For Retirement Contributions ............... 32,800
For State Contributions to
Social Security ........................... 25,600
For Group Insurance ........................ 40,600
For Contractual Services ................... 26,000
For Travel ................................. 31,500
For Commodities ............................ 9,000
For Printing ............................... 1,000
For Equipment .............................. 6,000
Total $520,400
DISTRIBUTIVE ITEMS
GRANTS-IN-AID
Payable from General Revenue Fund:
For Aid to Aged, Blind or Disabled
under Article III ......................... $ 27,505,400
For Temporary Assistance for Needy
Families under Article IV
and other social services ................. 384,628,000
For Grants Associated with Child Care
Services, Including Operating and
Administrative Costs .......... 186,079,900 146,079,900
179 [April 7, 2000]
For Emergency Assistance for
Families with Dependent Children ............ 2,000,000
For Funeral and Burial Expenses under
Articles III, IV, and V ..................... 5,637,000
For Refugees ................................. 2,994,500
For State Family and Children
Assistance .................................. 1,390,000
For State Transitional Assistance ............ 10,860,700
For Services to Non-Citizens pursuant
to 305 ILCS 5/12-4.34 ....................... 2,000,000
Total $583,095,500
The Department, with the consent in writing from the
Governor, may reapportion not more than ten percent of the
total appropriation of General Revenue Funds in Section 1
above "For Income Assistance and Related Distributive
Purposes" among the various purposes therein enumerated,
excluding Emergency Assistance for Families with Dependent
Children.
The Department, with the consent in writing from the
Governor, may reapportion not more than six percent of the
appropriation "For Temporary Assistance for Needy Families
under Article IV" representing savings attributable to not
increasing grants due to the births of additional children to
the appropriation from the General Revenue Fund in Section
39.1 in this article for Employability Development Services.
(P.A. 91-20, Art. 19, Sec. 5)
Sec. 5. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenses of the
Department of Human Services:
TINLEY PARK MENTAL HEALTH CENTER
For Personal Services .......... $17,394,600 $17,575,900
For Employee Retirement Contributions
Paid by Employer .............. 674,700 682,000
For Retirement Contributions ... 1,686,500 1,704,300
For State Contributions to Social
Security ...................... 1,330,700 1,344,500
For Contractual Services ..................... 1,071,000
For Travel ................................... 33,400
For Commodities .............................. 2,468,000
For Printing ................................. 4,300
For Equipment ................................ 77,800
For Telecommunications Services .............. 186,400
For Operation of Auto Equipment .............. 33,300
For Expenses Related to Living
Skills Program .............................. 21,400
For Costs Associated with Behavorial
Health Services - Tinley Park Network ....... 182,500
Total $25,384,800
(P.A. 91-20, Art. 19, Sec. 6.3)
Sec. 6.3. The following named sums, or so much thereof
as may be necessary, are appropriated from the General
Revenue Fund to the Department of Human Services for repairs
and maintenance, roof repairs and/or replacements and
miscellaneous at the Department's various facilities and are
to include capital improvements including construction,
reconstruction, improvements, repairs and installation of
capital facilities, cost of planning, supplies, materials,
and all other expenses required for roof and other types of
repairs and maintenance, capital improvements and demolition.
No contract shall be entered into or obligations incurred
for any expenditures from appropriations made in this Section
of the Article until after the purposes and amounts have been
approved in writing by the Governor.
[April 7, 2000] 180
For Repair, Maintenance and
other Capital Improvements
at various facilities .......... $ 1,623,900 $ 2,123,900
For Miscellaneous Permanent Improvements ...... 265,100
Total $2,389,000
(P.A. 91-20, Art. 19, Sec. 11)
Sec. 11. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Human Services:
HOME SERVICES PROGRAM
Payable from General Revenue Fund:
For Personal Services .......... $ 4,409,800 $ 4,559,800
For Employee Retirement Contributions
Paid by Employer .............. 173,300 179,300
For Retirement Contributions ... 430,000 444,700
For State Contribution to
Social Security ............... 337,300 348,800
For Contractual Services ..................... 138,800
For Travel ................................... 127,700
For Commodities .............................. 1,900
For Printing ................................. 3,700
For Equipment ................................ 1,000
For Telecommunications Services .............. 30,100
For Operation of Auto Equipment .............. 500
Total $5,836,300
(P.A. 91-20, Art. 19, Sec. 11.1)
Sec. 11.1. The following named amount, or so much
thereof as may be necessary, is appropriated to the
Department of Human Services:
HOME SERVICES PROGRAM
GRANTS-IN-AID
For Purchase of Services of the
Home Services Program, pursuant to 20 ILCS 2405/3:
Payable from General
Revenue Fund ................ $161,261,800 $161,307,900
(P.A. 91-20, Art. 19, Sec. 12)
Sec. 12. The following named sums, or so much thereof as
may be necessary, respectively, for the purposes hereinafter
named, are appropriated to the Department of Human Services
for Grants-In-Aid and Purchased Care in its various regions
pursuant to Sections 3 and 4 of the Community Services Act
and the Community Mental Health Act:
MENTAL HEALTH/DEVELOPMENTAL DISABILITIES
GRANTS-IN-AID AND PURCHASED CARE
For Community Service Grant Programs for
Persons with Mental Illness:
Payable from General Revenue Fund .......... $155,393,300
Payable from Community Mental Health
Services Block Grant Fund..... 9,827,400 8,068,200
Payable from the DHS Federal
Projects Fund .............................. 10,000,000
For Community Integrated Living
Arrangements for Persons with
Mental Illness:
Payable from General Revenue Fund........... 33,774,300
For Medicaid Services for Persons with
Mental Illness/and KidCare Clients:
Payable from General Revenue Fund........... 49,089,000
For Emergency Psychiatric Services:
Payable from General Revenue Fund .......... 9,776,300
For Community Service Grant Programs for
Children and Adolescents with
Mental Illness:
Payable from General Revenue Fund .......... 21,885,000
Payable from Community Mental Health
Services Block Grant Fund .... 3,371,400 2,730,600
181 [April 7, 2000]
For Purchase of Care for Children and
Adolescents with Mental Illness
approved through the Individual
Care Grant Program:
Payable from General Revenue Fund .......... 20,465,200
For Costs Associated with Children and
Adolescent Mental Health Programs:
Payable from General Revenue Fund ........... 10,771,500
For Teen Suicide Prevention Including
Provisions Established in Public Act
85-0928:
Payable from Community Mental Health
Services Block Grant Fund .................. 206,400
For Grants for Mental Health Research:
Payable from Mental Health Research
Fund ....................................... 150,000
Total $322,309,800
For Community Service Grant Programs for
Persons with Developmental Disabilities:
Payable from General Revenue Fund: ......... $94,486,300
For Community Integrated Living
Arrangements for the Persons with
Developmental Disabilities:
Payable from General Revenue Fund .......... 209,300,300
For Purchase of Care for Persons with
Developmental Disabilities:
Payable from General Revenue Fund .......... 80,658,700
Payable from the Mental Health Fund ........ 9,965,600
For Medicaid Services for Persons with
Developmental Disabilities:
Payable from General Revenue Fund ............ 13,790,800
For costs associated with the provision
of Specialized Services to Persons with
Developmental Disabilities,
Payable from General Revenue Fund ............ 9,880,000
Total $418,081,700
(P.A. 91-20, Art. 19, Sec. 16)
Sec. 16. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenditures of the
Department of Human Services:
LINCOLN DEVELOPMENTAL CENTER
For Personal Services .......... $23,227,900 $23,022,000
For Employee Retirement Contributions
Paid by Employer .............. 901,600 893,400
For Retirement Contributions ... 2,265,400 2,245,200
For State Contributions to Social
Security ...................... 1,776,900 1,761,200
For Contractual Services ..................... 1,397,700
For Travel ................................... 13,300
For Commodities .............................. 1,555,900
For Printing ................................. 13,000
For Equipment ................................ 129,000
For Telecommunications Services .............. 75,500
For Operation of Auto Equipment .............. 44,300
For Expenses Related to Living
Skills Program .............................. 9,000
Total $31,159,500
(P.A. 91-20, Art. 19, Sec. 17)
Sec. 17. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenditures of the
Department of Human Services:
CLYDE L. CHOATE MENTAL HEALTH AND DEVELOPMENTAL CENTER
[April 7, 2000] 182
For Personal Services .......... $22,002,700 $21,627,100
For Employee Retirement Contributions
Paid by Employer .............. 854,400 839,400
For Retirement Contributions ... 2,118,600 2,081,800
For State Contributions to Social
Security ...................... 1,683,100 1,654,400
For Contractual Services ..................... 1,536,900
For Travel ................................... 24,800
For Commodities .............................. 1,200,100
For Printing ................................. 14,500
For Equipment ................................ 113,800
For Telecommunications Services .............. 154,500
For Operation of Auto Equipment .............. 49,800
For Expenses Related to Living
Skills Program .............................. 38,800
For Costs Associated with Behavioral
Health Services - Choate Network ............ 43,300
Total $29,379,200
(P.A. 91-20, Art. 19, Sec. 18.1)
Sec. 18.1. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Human Services:
REHABILITATION SERVICES BUREAUS
GRANTS-IN-AID
For Case Services to Individuals:
Payable from General Revenue Fund ............ $ 8,660,000
Payable from Illinois Veterans'
Rehabilitation Fund ......................... 2,413,700
Payable from DORS State Projects Fund ........ 100,000
Payable from Vocational Rehabilitation Fund .. 46,110,700
For Implementation of Title VI, Part C of the
Vocational Rehabilitation Act of 1973 as
Amended--Supported Employment:
Payable from General Revenue Fund ............ 2,222,200
Payable from Vocational Rehabilitation Fund .. 1,900,000
For Small Business Enterprise Program:
Payable from Vocational Rehabilitation Fund .. 3,619,100
For Case Services to Migrant Workers:
Payable from General Revenue Fund ............ 20,000
Payable from Vocational Rehabilitation Fund .. 210,000
For Grants to Independent Living Centers:
Payable from General Revenue Fund ............ 3,834,600
Payable from Vocational Rehabilitation Fund... 2,000,000
For the Illinois Coalition for Citizens
with Disabilities:
Payable from General Revenue Fund............. 122,800
Payable from Vocational Rehabilitation Fund... 77,200
For the Establishment of Scandinavian
Lekotek Play Libraries:
Payable from General Revenue Fund............. 646,200
For Independent Living Older Blind Grant:
Payable from the Vocational
Rehabilitation Fund ......................... 245,500
Payable from General
Revenue Fund .................. 68,000 21,900
For Technology Related Assistance
Project for Individuals of All Ages with
Disabilities:
Payable from the Vocational
Rehabilitation Fund ......................... 1,050,000
Total $73,253,900
(P.A. 91-20, Art. 19, Sec. 21)
Sec. 21. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenses of the
183 [April 7, 2000]
Department of Human Services:
CHICAGO-READ MENTAL HEALTH CENTER
For Personal Services .......... $25,341,000 $25,600,500
For Employee Retirement Contributions
Paid by Employer .............. 983,100 993,400
For Retirement Contributions ... 2,462,000 2,487,400
For State Contributions to
Social Security ............... 1,938,500 1,958,400
For Contractual Services ..................... 2,498,600
For Travel ................................... 39,700
For Commodities .............................. 740,600
For Printing ................................. 15,100
For Equipment ................................ 99,700
For Telecommunications Services .............. 192,200
For Operation of Auto Equipment............... 44,300
For Costs Associated with Behavioral
Health Services - Chicago-Read
Network ..................................... 387,900
Total $35,057,800
(P.A. 91-20, Art. 19, Sec. 22)
Sec. 22. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated to meet the ordinary and
contingent expenditures of the Department of Human Services:
PROGRAM ADMINISTRATION - DISABILITIES AND BEHAVIORAL HEALTH
Payable from General Revenue Fund:
For Personal Services ........................ $ 11,077,300
For Employee Retirement Contributions Paid
by Employer ................................. 435,500
For Retirement Contributions ................. 1,080,600
For State Contributions to Social Security ... 847,500
For Contractual Services ..................... 2,086,700
For Travel ................................... 420,300
For Commodities ................ 15,021,600 14,521,600
For Printing ................................. 40,600
For Equipment ................................ 579,500
For Telecommunications Services .............. 274,200
For Operation of Auto Equipment .............. 3,500
For Contractual Services:
For Private Hospitals for
Recipients of State Facilities .............. 1,273,900
Total $32,641,200
Payable from the Prevention/Treatment -
Alcoholism and Substance Abuse Block
Grant Fund:
For Personal Services ........................ $ 1,303,600
For Employee Retirement Contributions Paid
by Employer ................................. 52,100
For Retirement Contributions ................. 127,800
For State Contributions to Social Security ... 99,700
For Group Insurance .......................... 168,200
For Contractual Services ..................... 1,375,300
For Travel ................................... 133,600
For Commodities .............................. 53,800
For Printing ................................. 80,200
For Equipment ................................ 5,300
For Electronic Data Processing ............... 400,000
For Telecommunications Services .............. 117,800
For Operation of Auto Equipment .............. 2,100
For Expenses Associated with the
Administration of the Alcohol and
Substance Abuse Prevention and
Treatment Programs .......................... 128,100
For Deposit into the Group Home
Loan Revolving Fund ......................... 100,000
Total $4,147,600
[April 7, 2000] 184
Payable from the Vocational Rehabilitation Fund:
For Personal Services ........................ $ 600,900
For Employee Retirement Contributions Paid
by Employer ................................. 24,000
For Retirement Contributions ................. 58,900
For State Contributions to Social Security ... 45,900
For Group Insurance .......................... 72,500
For Contractual Services ..................... 60,200
For Travel ................................... 15,100
For Commodities .............................. 300
For Equipment ................................ 40,000
For Telecommunications Services .............. 16,900
Total $934,700
Payable from the Drunk and Drugged
Driving Prevention Fund:
For Personal Services ........................ $ 219,000
For Employee Retirement Contributions Paid
by Employer ................................. 8,800
For Retirement Contributions ................. 21,500
For State Contributions to Social Security ... 16,700
For Group Insurance .......................... 23,200
Total $289,200
Payable from the Alcohol and Substance Abuse Fund:
For Personal Services ........................ $ 379,800
For Employee Retirement Contributions Paid
by Employer ................................. 15,200
For Retirement Contributions ................. 37,200
For State Contributions to Social Security ... 29,000
For Group Insurance .......................... 46,400
For Contractual Services ..................... 1,879,400
For Travel ................................... 24,400
For Commodities .............................. 6,400
For Printing ................................. 19,000
For Equipment ................................ 10,500
For Electronic Data Processing ............... 451,300
For Telecommunications Services .............. 5,100
For Expenses Associated with the
Administration of the Alcohol and
Substance Abuse Prevention and
Treatment Programs .......................... 222,200
Total $3,125,900
Payable from the Community Mental Health Services
Block Grant Fund:
For Personal Services ........................ $ 422,400
For Employee Retirement Contributions Paid
by Employer ................................. 16,900
For Retirement Contributions ................. 41,400
For State Contributions to Social Security ... 32,100
For Group Insurance .......................... 58,000
For Contractual Services ....... 128,100 18,100
For Travel ................................... 2,000
Total $590,900
Payable from the DHS Federal Projects Fund:
For Federally Assisted Programs .............. $ 7,299,200
Payable from the Mental Health Fund:
For Costs Related to Provision of Support
Services Provided to Departmental
and Non-Departmental
Organizations ................... $3,720,400 $2,220,400
Payable from the Youth Alcoholism and Substance
Abuse Prevention Fund:
For Deposit into the Fund Which Receives All
Payments Under Section 5-3 of Act for
Alcoholic Liquors ........................... $ 150,000
185 [April 7, 2000]
(P.A. 91-20, Art. 19, Sec. 25)
Sec. 25. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenditures of the
Department of Human Services:
ANN M. KILEY DEVELOPMENTAL CENTER
For Personal Services .......... $14,807,100 $15,301,900
For Employee Retirement Contributions
Paid by Employer .............. 574,100 593,900
For Retirement Contributions ... 1,431,100 1,478,600
For State Contributions to Social
Security ...................... 1,132,700 1,170,600
For Contractual Services ..................... 1,858,800
For Travel ................................... 26,800
For Commodities .............................. 713,000
For Printing ................................. 21,200
For Equipment ................................ 48,600
For Telecommunications Services .............. 66,500
For Operation of Auto Equipment .............. 54,700
For Expenses Related to Living
Skills Program .............................. 14,000
For Expenses Related to the
Kiley Transition ............................ 3,520,000
Total $24,868,600
(P.A. 91-20, Art. 19, Sec. 26)
Sec. 26. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Human Services:
ILLINOIS SCHOOL FOR THE DEAF
Payable from General Revenue Fund:
For Personal Services .......... $ 10,025,900 $ 9,867,300
For Student, Member or
Inmate Compensation ........... 14,000
For Employee Retirement Contributions
Paid by Employer .............. 389,200 382,900
For Retirement Contributions ... 642,700 632,500
For State Contributions to Social
Security ...................... 761,900 754,800
For Contractual Services ..................... 1,365,300
For Travel ................................... 17,000
For Commodities .............................. 486,000
For Printing ................................. 1,000
For Equipment ................................ 61,100
For Telecommunications Services .............. 126,200
For Operation of Auto Equipment .............. 26,900
For Maintenance/Travel for Aided
Persons ..................................... 38,600
Total $13,773,600
Payable from Vocational Rehabilitation Fund:
For Secondary Transitional Experience
Program ......................................... $ 50,000
(P.A. 91-20, Art. 19, Sec. 28)
Sec. 28. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue
Fund to meet the ordinary and contingent expenses of the
Department of Human Services:
JOHN J. MADDEN MENTAL HEALTH CENTER
For Personal Services .......... $18,556,100 $18,720,800
For Employee Retirement Contributions
Paid by Employer .............. 719,900 726,500
For Retirement Contributions ... 1,796,200 1,812,400
For State Contributions to Social
Security ...................... 1,419,500 1,432,100
For Contractual Services ..................... 1,674,200
[April 7, 2000] 186
For Travel ................................... 28,400
For Commodities .............................. 502,400
For Printing ................................. 19,400
For Equipment ................................ 63,200
For Telecommunications Services .............. 148,100
For Operation of Auto Equipment .............. 16,600
For Expenses Related to Living
Skills Program .............................. 19,900
For Costs Associated with Behavioral Health
Services - Madden Network ................... 150,000
Total $25,314,000
Section 8. "AN ACT regarding appropriations," Public Act
91-22, approved June 9, 1999, is amended by changing Sections
1, 2, 6 and 7 of Article 13 as follows:
(P.A. 91-22, Art. 13, Sec. 1)
Sec. 1. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated to meet the ordinary and
contingent expenses of the Department of Insurance:
ADMINISTRATIVE AND SUPPORT DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 747,700
For Employee Retirement Contributions
Paid by Employer ............................ 29,900
For State Contributions to the State
Employees' Retirement System ................ 73,300
For State Contributions to
Social Security ............................. 56,600
For Group Insurance .......................... 127,600
For Contractual Services ....... 848,300 838,300
For Travel ..................... 2,000
For Commodities ................ 49,500
For Printing ................... 69,800 59,800
For Equipment .................. 139,800 109,800
For Telecommunications Services . 15,400
For Operation of Auto Equipment . 10,600
Total 2,170,500 $2,120,500
Payable from Insurance Financial Regulation Fund:
For Personal Services......................... $ 654,100
For Employee Retirement Contributions
Paid by Employer ............................ 26,200
For State Contributions to the State
Employees' Retirement System................. 64,100
For State Contributions to
Social Security.............................. 49,300
For Group Insurance........................... 116,000
For Contractual Services...................... 1,022,000
For Travel.................................... 2,000
For Commodities .............................. 59,500
For Printing.................................. 46,500
For Equipment ................................ 48,600
For Telecommunications Services............... 10,900
For Operation of Auto Equipment............... 7,100
Total $2,106,300
(P.A. 91-22, Art. 13, Sec. 2)
Sec. 2. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated to meet the ordinary and
contingent expenses of the Department of Insurance:
CONSUMER DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services .......... $ 4,781,000 $ 4,733,000
For Employee Retirement Contributions
Paid by Employer .............. 191,200 189,300
187 [April 7, 2000]
For State Contributions to the State
Employees' Retirement System .. 468,500 463,800
For State Contributions to
Social Security ............... 362,200 358,500
For Group Insurance ............ 738,400 719,200
For Travel ..................... 286,200
For Telecommunications Services . 72,900
For Refunds .................... 75,000
Total 6,975,400 $6,897,900
Payable from Insurance Financial Regulation Fund:
For Personal Services ........................ $ 363,600
For Employee Retirement Contributions
Paid by Employer ............................ 14,500
For Retirement ............................... 35,600
For State Contributions to
Social Security ............................. 27,400
For Group Insurance .......................... 52,200
For Travel ................................... 31,100
For Telecommunications Services .............. 9,000
Total $533,400
(P.A. 91-22, Art. 13, Sec. 6)
Sec. 6. The following named sums, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated to meet the ordinary and
contingent expenses of the Department of Insurance:
ELECTRONIC DATA PROCESSING DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 469,700
For Employee Retirement Contributions
Paid by Employer ............................ 18,800
For State Contributions to the State
Employees' Retirement System ................ 46,000
For State Contributions to
Social Security ............................. 35,700
For Group Insurance .......................... 52,200
For Contractual Services ....... 247,200 215,200
For Travel ................................... 8,500
For Commodities .............................. 6,500
For Printing ................................. 6,500
For Equipment ................................ 137,500
For Telecommunications Services .............. 70,200
Total 1,098,800 $1,066,800
Payable From Insurance Financial Regulation Fund:
For Personal Services ........................ $ 670,700
For Employee Retirement Contributions
Paid by Employer ............................ 26,800
For State Contributions to the State
Employees' Retirement System................. 65,700
For State Contributions to
Social Security ............................. 50,600
For Group Insurance .......................... 87,000
For Contractual Services ..................... 252,400
For Travel ................................... 8,500
For Commodities .............................. 8,500
For Printing ................................. 3,500
For Equipment ................................ 155,500
For Telecommunications Services .............. 59,000
Total $1,388,200
(P.A. 91-22, Art. 13, Sec. 7)
Sec. 7. The following named sums, or so much thereof as
may be necessary, are appropriated to the Department of
Insurance for the administration of the Senior Health
Insurance Program:
Payable from the Insurance Producer
Administration Fund .......................... $ 323,500
[April 7, 2000] 188
Payable from the Senior Health
Insurance Program Fund ......... 600,000 500,000
Total $923,500 $823,500
Section 9. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Sections 170 and 259 and adding new
Section 295 to Article 20 as follows:
(P.A. 91-20, Art. 20, Sec. 170)
Sec. 170. The sum of $25,000, or so much thereof as may
be necessary and as remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made in Article 51, Section 202 of Public Act 90-0585, is
reappropriated from the General Revenue Fund to the
Department of Natural Resources for a grant to the Memorial
Bellwood Park District for the purchase of equipment.
(P.A. 91-20, Art. 20, Sec. 259)
Sec. 259. The sum of $5,000,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Department of Natural Resources for a
grant to the Forest Preserve District of DuPage County for
all costs associated with Oak Meadows and Maple Meadows and
Green Meadows.
(P.A. 91-20, Art. 20, Sec. 295 new)
Sec. 295. The sum of $250,000, or so much thereof as may
be necessary, is appropriated from the General Revenue Fund
to the Department of Natural Resources for support of Bass
Masters in Chicago, for purposes including but not limited to
showcasing Chicago and Illinois' fishing and aquatic
resources, tourism promotion, kids' fishing classic, sports
show and Super Bowl classic events.
Section 10. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Sections 1, 2 and 8 of Article 21 as
follows:
(P.A. 91-20, Art. 21, Sec. 1)
Sec. 1. The following named sums, or so much thereof as
may be necessary, respectively, are appropriated to the
Department of Public Aid for the purposes hereinafter named:
PROGRAM ADMINISTRATION
Payable from General Revenue Fund:
For Personal Services ...................... $ 22,298,100
For Employee Retirement Contributions
Paid by Employer .......................... 891,900
For State Contributions to State
Employees' Retirement System .............. 2,185,200
For State Contributions to
Social Security ........................... 1,661,200
For Contractual Services ................... 17,753,500
For Travel ................................. 238,300
For Commodities ............................ 801,700
For Printing ............................... 1,153,000
For Equipment .............................. 1,288,700
For Telecommunications Services ............ 1,179,000
For Operation of Auto Equipment ............ 83,700
Total $49,534,300
OFFICE OF INSPECTOR GENERAL
Payable from General Revenue Fund:
For Personal Services ...................... $ 13,785,100
For Employee Retirement Contributions
Paid by Employer .......................... 551,400
For State Contributions to State
Employees' Retirement System .............. 1,351,000
For State Contributions to
Social Security ........................... 1,027,000
For Contractual Services ................... 2,439,000
For Travel ................................. 405,900
189 [April 7, 2000]
For Equipment .............................. 43,500
Total $19,602,900
Payable from Long Term Care Provider Fund:
For Administrative Expenses ....................$ 149,000
CHILD SUPPORT ENFORCEMENT
Payable from Child Support Enforcement Trust Fund:
For Personal Services ...................... 44,790,500
For Employee Retirement Contributions
Paid by Employer .......................... 1,791,600
For State Contributions to State
Employees' Retirement System .............. 4,389,400
For State Contributions to
Social Security ........................... 3,336,900
For Group Insurance ........................ 7,109,900
For Contractual Services ... 95,735,300 75,785,300
For Travel ................................. 838,300
For Commodities ............................ 921,100
For Printing ............................... 551,100
For Equipment .............................. 1,800,800
For Telecommunications Services ............ 4,036,300
For Administrative Costs Related to
Enhanced Collection Efforts including
Paternity Adjudication Demonstration ...... 14,328,800
For Child Support Enforcement
Demonstration Projects .................... 1,500,000
Total $178,880,000 $161,180,000
The amount of $31,800,000 $16,500,000, or so much thereof
as may be necessary, is appropriated to the Department of
Public Aid from the General Revenue Fund for deposit into the
Child Support Enforcement Trust Fund.
The amount of $200,000, or so much thereof as may be
necessary, is appropriated to the Department of Public Aid
from the DPA Special Purpose Trust Fund for deposit into the
Child Support Enforcement Trust Fund.
ATTORNEY GENERAL REPRESENTATION
Payable from General Revenue Fund:
For Personal Services ...................... $ 1,459,500
For Employee Retirement Contributions
Paid by Employer .......................... 58,400
For State Contributions to State
Employees' Retirement System .............. 143,000
For State Contributions to
Social Security ........................... 108,700
For Contractual Services ................... 168,600
For Travel ................................. 11,400
For Equipment .............................. 20,600
Total $1,970,200
MEDICAL
Payable from General Revenue Fund:
For Personal Services ...................... $ 22,339,700
For Employee Retirement Contributions
Paid by Employer .......................... 893,600
For State Contributions to State
Employees' Retirement System .............. 2,189,300
For State Contributions to
Social Security ........................... 1,664,300
For Contractual Services ................... 4,953,600
For Travel ................................. 606,000
For Equipment .............................. 77,700
For Telecommunications Services ............ 1,766,200
For Purchase of Medical Management
Services .................................. 9,091,900
For Purchase of Services Relating to
and costs associated with the develop-
ment and implementation of an
electronic Medicaid client eligibility
[April 7, 2000] 190
verification system ....................... 3,635,800
For Costs Associated with the
Development, Implementation and
Operation of a Medical Data
Warehouse ................................. 3,000,000
For Refunds of Premium Payments
Received Pursuant to Section 25(a)(2)
of the Children's Health Insurance
Program Act ............................... 100,000
Total $50,318,100
Payable from Provider Inquiry Trust Fund:
For expenses associated with
providing access and utilization
of IDPA eligibility files ..................$ 7,500,000
The amount of $14,290,157, or so much thereof as may be
necessary and remains unexpended at the close of business on
June 30, 1999, from appropriations heretofore made in Article
38, Section 1, of Public Act 90-585, approved June 4, 1998,
is reappropriated from the General Revenue Fund to the
Department of Public Aid for costs associated with the
development, implementation and operation of a Medical Data
Warehouse.
PUBLIC AID RECOVERIES
Payable from Public Aid Recoveries Trust Fund:
For Personal Services ...................... $ 3,375,300
For Employee Retirement Contributions
Paid by Employer .......................... 135,000
For State Contributions to State
Employees' Retirement System .............. 330,800
For State Contributions to
Social Security ........................... 251,500
For Group Insurance ........................ 487,900
For Contractual Services ................... 7,645,200
For Travel ................................. 127,400
For Commodities ............................ 37,800
For Printing ............................... 23,300
For Equipment .............................. 458,000
For Telecommunications Services ............ 49,500
Total $12,921,700
(P.A. 91-20, Art. 21, Sec. 2)
Sec. 2. In addition to any amounts heretofore
appropriated, the following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Public Aid for Medical Assistance:
FOR MEDICAL ASSISTANCE UNDER THE ILLINOIS PUBLIC AID CODE
AND THE CHILDREN'S HEALTH INSURANCE PROGRAM ACT
Payable from General Revenue Fund:
For Physicians.............. $354,378,700 $336,395,400
For Dentists................ 59,271,400
For Optometrists............ 7,530,600 7,421,300
For Podiatrists............. 2,701,500
For Chiropractors........... 1,152,200
For Hospital In-Patient and
Disproportionate Share .... 1,241,147,500 1,221,038,800
For Hospital
Ambulatory Care............ 329,273,500
For Prescribed Drugs ....... 784,655,800 757,689,400
For Skilled, Intermediate,
and Other Related Long
Term Care Services ........ 1,248,650,900 1,151,183,700
For Community Health
Centers.................... 80,110,300 75,685,700
For Hospice Care ........... 17,950,600 17,831,000
For Independent
Laboratories............... 12,338,400
For Home Health Care........ 54,248,200
191 [April 7, 2000]
For Appliances.............. 34,543,600 31,028,100
For Transportation.......... 59,663,400 53,624,700
For Other Related Medical
Services and for develop-
ment, implementation, and
operation of the managed
care and children's health
insurance programs including
operating and administrative
costs and related distributive
purposes .................. 68,541,100 67,038,500
For Medicare Part
A Premiums................. 12,594,200
For Medicare Part
B Premiums................. 85,337,000 84,010,200
For Medicare Part B
Premiums for Qualified
Individuals under the
Federal Balanced
Budget Act of 1997 ........ 3,095,400 2,658,100
For Health Maintenance
Organizations and
Managed Care Entities ..... 180,048,000
Total $4,637,232,300 $4,457,232,300
The following named amounts, or so much thereof as may be
necessary, are appropriated to the Department of Public Aid
for the purposes hereinafter named:
FOR MEDICAL ASSISTANCE
Payable from General Revenue Fund:
For Grants for Medical Care for Persons
Suffering from Chronic Renal Disease ...... $ 2,200,000
For Grants for Medical Care for Persons
Suffering from Hemophilia ................. 3,600,000
For Grants for Medical Care for Sexual
Assault Victims ........................... 550,000
Total $6,350,000
The Department, with the consent in writing from the
Governor, may reapportion not more than two percent of the
total appropriations in Section 2 above among the various
purposes therein enumerated.
In addition to any amounts heretofore appropriated, the
amount of $11,750,000, or so much thereof as may be
necessary, is appropriated to the Department of Public Aid
from the General Revenue Fund for expenses relating to the
Children's Health Insurance Program Act, including payments
under Section 25 (a)(1) of that Act, and related operating
and administrative costs.
The following named amounts, or so much thereof as may be
necessary and remain unexpended at the close of business on
June 30, 1999, from appropriations heretofore made for such
purposes in Article 38, Section 2 of Public Act 90-0585,
approved June 4, 1998, respectively are reappropriated from
the General Revenue Fund to the Department of Public Aid for
Medical Assistance, including such Federal funds as are made
available by the Federal Government for the following
purposes:
FOR MEDICAL ASSISTANCE UNDER ARTICLES V, VI, VII,
AND SECTION 12-4.35 AND THE
CHILDREN'S HEALTH INSURANCE PROGRAM ACT
For Health Maintenance Organizations
and Managed Care Entities ...................$ 41,000,000
(P.A. 91-20, Art. 21, Sec. 8)
Sec. 8. In addition to any amounts heretofore
appropriated, the following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Public Aid for Medical Assistance and
[April 7, 2000] 192
Administrative Expenditures:
FOR MEDICAL ASSISTANCE UNDER THE ILLINOIS PUBLIC AID CODE
AND THE CHILDREN'S HEALTH INSURANCE PROGRAM ACT
Payable from County Provider Trust Fund:
For Distributive
Hospitals ................. $1,229,619,000 $963,619,000
For Administrative
Expenditures .............. 500,000
Total $1,230,119,000 $964,119,000
Section 11. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 6 of Article 23 as follows:
(P.A. 91-20, Art. 23, Sec. 6)
Sec. 6. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated to the
Department of Revenue for:
Payable from the Motor Fuel Tax Fund:
For Reimbursement to International
Fuel Tax Agreement Member
States........................................$ 53,000,000
TAX OPERATIONS REFUNDS
For Refunds and Repayment to persons
as provided by law:
Payable from Motor Fuel
Tax Fund ....................$ 18,000,000 $ 12,000,000
For Refund of certain taxes in lieu of
credit memoranda, where such refunds are
authorized by law:
Payable from General Revenue Fund .............$ 35,000,000
For Refunds provided for in Section 13a.8 of
the Motor Fuel Tax Act:
Payable from the Underground
Storage Tank Fund ...............................$ 100,000
Section 12. "AN ACT regarding appropriations," Public
Act 91-19, approved June 7, 1999, is amended by adding new
Section 10 to Article 2 as follows:
(P.A. 91-19, Art. 2, Sec. 10, new)
Sec. 10. In addition to any other amount appropriated,
the sum of $5,321,500, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to
the Department of State Police for the purchase of new
vehicles and accessories.
Section 13. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
as amended, is amended by changing Sections 95 and 97 of
Article 24a, as amended by P.A. 91-687, approved March 8,
2000, as follows:
(P.A. 91-20, Art. 24a, Sec. 95, as amended)
Sec. 95. In addition to any other funds that may be
available, the sum of $1,832,000, or so much thereof as may
be necessary, is appropriated to the Department of
Transportation from the Capital Development Fund for the
contract or intergovernmental agreement costs associated with
the projects described below and having the estimated costs
as follows:
For a pedestrian overpass and other
transportation related activities
on Weiland Road in the Village of
Buffalo Grove ............................... 632,000
For improvements to St. Clair Avenue and
drainage improvements in Granite City ....... 450,000
For improvements to streets, sewers and
sidewalks in Washington Park ................ 450,000
For traffic signal intersection improvements at
Manhattan Road, Route 52 and Foxford
Drive in Village of Manhattan ............... 150,000
193 [April 7, 2000]
For improvements to Matherville Road in
Mercer County ............................... 150,000
(P.A. 91-20, Art. 24a, Sec. 97, as amended)
Sec. 97. The sum of $1,400,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Department of Transportation for a
grant to McLean County the Village of Towanda for all costs
associated with the resurfacing, reconstruction, and
replacement of the Towanda-Barnes Road and its related
infrastructure.
Section 14. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 1C of Article 25 as follows:
(P.A. 91-20, Art. 25, Sec. 1C)
Sec. 1C. The following named sums, or so much thereof as
may be necessary, are appropriated to the Department of
Veterans' Affairs for the objects and purposes and in the
amounts set forth as follows:
GRANTS-IN-AID
For Bonus Payments to War Veterans and Peacetime
Crisis Survivors ............................ $ 124,000
For Providing Educational Opportunities for
Children of Certain Veterans, as provided
by law....................................... 153,500
For Specially Adapted Housing for
Veterans..................................... 129,000
For Cartage and Erection of Veterans'
Headstones..................... 737,900 342,900
For Cartage and Erection of Veterans'
Headstones/Prior
Years Claims .................. 300,000 15,000
Total $1,444,400 $764,400
Section 15. "AN ACT making appropriations," Public Act
91-31, approved June 9, 1999, is amended by changing Section
5 as follows:
(P.A. 91-31, Sec. 5)
Sec. 5. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated from the
Appraisal Administration Fund to the Office of Banks and Real
Estate to meet the ordinary and contingent expenses of the
Office of Banks and Real Estate and the Appraisal
Administration and Disciplinary Board in the Office of Banks
and Real Estate:
For Personal Services .......... $ 318,600 $ 270,100
For Personal Services:
Per Diem ...................... 30,000
For Employee Retirement Contributions
Paid by Employer .............. 12,700 10,800
For State Contributions to State
Employees' Retirement System .. 30,900 26,200
For State Contributions to
Social Security ............... 23,100 19,400
For Group Insurance .......................... 40,600
For Contractual Services ..................... 188,300
For Travel ................................... 25,100
For Commodities .............................. 84,900
For Printing ................................. 8,000
For Equipment ................................ 3,100
For Electronic Data Processing ............... 76,400
For Telecommunications Services .............. 12,200
For forwarding real estate appraisal fees
to the federal government ................... 230,000
For Refunds .................................. 3,000
Total $1,086,900 $1,028,100
[April 7, 2000] 194
Section 16. "AN ACT regarding appropriations," Public
Act 91-23, approved June 9, 1999, is amended by changing
Section 1 of Article 11 as follows:
(P.A. 91-31, Art. 11, Sec. 1)
Sec. 1. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated for the
objects and purposes hereinafter named, to meet the ordinary
and contingent expenses of the Illinois Health Care Cost
Containment Council:
Payable from the General Revenue Fund:
For Personal Services .......... $ 652,200 $ 616,500
For Employee Retirement Contributions
Paid by Employer .............. 25,800 24,400
For State Contributions to the State
Employees' Retirement System .. 63,500 60,000
For State Contributions to Social
Security ...................... 48,900 46,100
For Contractual Services ..................... 66,000
For Travel ................................... 15,000
For Commodities .............................. 9,000
For Printing ................................. 18,000
For Equipment ................................ 9,400
For Electronic Data Processing ............... 9,000
For Telecommunications Services .............. 45,000
For Hospital Reimbursements .................. 2,300
Total $964,100 $920,700
Section 17. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 34 of Article 27 as follows:
(P.A. 91-31, Art. 27, Sec. 34)
Sec. 34. The sum of $300,000, or so much thereof as may
be necessary, is appropriated from the Capital Development
Fund to the Capital Development Board for a grant to
Cumberland County the Village of Toledo for courthouse
improvements.
Section 18. "AN ACT regarding appropriations," Public
Act 91-23, approved June 9, 1999, is amended by changing
Section 1 of Article 8 as follows:
(P.A. 91-31, Art. 8, Sec. 1)
Sec. 1. The following named amounts, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated from the General
Revenue Fund to the Industrial Commission:
GENERAL OFFICE
For Personal Services:
Regular Positions ............. $ 3,568,700 $ 3,483,700
Arbitrators ................... 2,524,800
Court Reporters ............... 889,600
For Employee Retirement Contributions
Paid by Employer .............. 297,600 294,200
For State Contributions to State
Employees' Retirement System .. 349,500 341,400
For Arbitrators' Retirement System . 247,400
For Court Reporters' Retirement System . 87,200
For State Contributions to
Social Security ............... 528,800 523,200
For Contractual Services ..................... 440,800
For Travel ................................... 132,500
For Commodities .............................. 37,000
For Printing ................................. 38,000
For Equipment ................................ 30,200
For Telecommunications Services .............. 82,900
Total $9,152,900
ELECTRONIC DATA PROCESSING
For Personal Services ........................ $ 456,100
For State Contributions to State
195 [April 7, 2000]
Employees' Retirement System ................ 44,700
For State Contributions to
Social Security ............................. 34,900
For Contractual Services ..................... 234,200
For Travel ................................... 2,500
For Commodities .............................. 1,000
For Equipment ................................ 100
For Printing ................................. 3,000
For Telecommunications Services .............. 40,000
Total $816,500
Section 19. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 130, and adding new Section
420 to Article 10 as follows:
(P.A. 91-20, Art. 10, Sec. 130)
Sec. 130. The sum of $250,000, or so much thereof as may
be necessary, is appropriated from the General Revenue Fund
Fund for Illinois' Future to the Secretary Of State for the
Penny Severns Summer Family Literacy Grants for obligations
incurred after January 1, 1999.
(P.A. 91-20, Art. 10, Sec. 420, new)
Sec. 420. The amount of $6,000,000, or so much of this
amount as may be necessary, is appropriated from the Capital
Development Fund to the Office of the Secretary of State for
the following work pursuant to the rehabilitation of the
State Capitol Building:
Roof Replacement;
House and Senate Chambers Ceilings Repair;
Window replacements or repairs to existing windows.
This also includes other related costs incident to above
work.
Section 20. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Sections 15 and 25 of Article 12 as
follows:
(P.A. 91-20, Art. 12, Sec. 15)
Sec. 15. The amount of $7,750,000 $6,000,000, or so much
of that amount as may be necessary, is appropriated to the
State Treasurer for the purpose of making refunds of
overpayments of estate tax and accrued interest on those
overpayments, if any, and payment of certain statutory costs
of assessment.
(P.A. 91-20, Art. 12, Sec. 25)
Sec. 25. The amount of $18,300,000 $18,000,000, or so
much of that amount as may be necessary, is appropriated to
the State Treasurer from the Transfer Tax Collection
Distributive Fund for the purpose of making payments to
counties pursuant to Section 13b of the Illinois Estate and
Generation-Skipping Transfer Tax Act.
Section 21. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 55 of Article 3 as follows:
(P.A. 91-20, Art. 3, Sec. 55)
Sec. 55. The following named amounts, or so much thereof
as may be necessary, respectively, are appropriated for the
objects and purposes hereinafter named to meet the ordinary
and contingent expenses of the Illinois Legislative Research
Unit:
For Personal Services........................... $ 850,300
For Employee Retirement Contributions
Paid by Employer.............................. 39,850
For State Contribution to State Employees'
Retirement System............................. 83,150
For State Contribution to Social
Security...................................... 67,800
For Contractual Services.......... 43,900 68,900
[April 7, 2000] 196
For Travel...................................... 5,150
For Commodities................................. 11,300
For Printing.................................... 13,950
For Equipment..................... 92,550 67,550
For Telecommunications Services................. 24,750
For New Member Conference....................... 30,000
Total $1,262,700
Section 22. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 2-122 of Article 40 as
follows:
(P.A. 91-20, Art. 40, Sec. 2-122)
Sec. 2-122. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Build Illinois
Bond Fund to the Department of Transportation for a grant to
the City of Bloomington for widening and resurfacing Airport
Road improvements.
Section 23. "AN ACT regarding appropriations and
reappropriations," Public Act 91-8, approved June 2, 1999, is
amended by changing Sections 160 and 790 of Article 14 as
follows:
(P.A. 91-8, Art. 14, Sec. 160)
Sec. 160. The sum of $52,000,000 $50,000,000, or so much
thereof as may be necessary, is appropriated from the School
Infrastructure Fund to the State Board of Education for
grants to elementary and secondary schools for maintenance
projects pursuant to 105 ILCS 230/5-100 of the School
Construction Law.
(P.A. 91-8, Art. 14, Sec. 790)
Sec. 790. The amount of $5,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Illinois State Board of Education for a grant
to the City of Chicago School District 299 for the purpose of
program development of the Chicago Academic Games by the Hyde
Park Kenwood Community Conference.
Section 24. "AN ACT regarding appropriations and
reappropriations," Public Act 91-20, approved June 7, 1999,
is amended by changing Section 5 of Article 38 as follows:
(P.A. 91-20, Art. 38, Sec. 5)
Sec. 5. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
to the State Board of Elections for its ordinary and
contingent expenses as follows:
The Board
For Contractual Services........................ $19,200
For Travel...................................... 13,600
For Equipment................................... 1,725
Total $34,525
Administration
For Personal Services........................... 499,804
For Employee Retirement Contributions
Paid By Employer............................ 19,992
For State Contributions to State Employees'
Retirement System........................... 48,981
For State Contributions to
Social Security............................. 38,235
For Contractual Services........................ 346,600
For Travel...................................... 12,000
For Commodities................................. 17,000
For Printing.................................... 11,000
For Equipment................................... 1,000
For Telecommunications.......................... 88,500
Operation of Automotive Equipment............... 2,900
Total $1,086,012
Elections
For Personal Services........................... 1,255,964
197 [April 7, 2000]
For Employee Retirement Contributions
Paid By Employer............................ 50,239
For State Contributions to State
Employees' Retirement System................ 123,084
For State Contributions to
Social Security............................. 96,081
For Contractual Services........................ 26,886
For Travel...................................... 44,931
For Printing.................................... 27,700
For Equipment................................... 2,500
For Purchase of Election Codes.................. 15,000
For Uniform Data File Format for
Registration Records........................ 550,000
For Technical Design Development
for the Statewide Voter
Registration System........... 140,000 230,000
For completion of Phase II of the
Census 2000 Redistricting
Program pursuant to Public
Law 94-171.................. 140,000 50,000
Total $2,472,385
General Counsel
For Personal Services........................... 221,348
For Employee Retirement Contributions
Paid By Employer............................ 8,854
For State Contributions to State
Employees' Retirement System................ 21,692
For State Contributions to
Social Security............................. 16,933
For Contractual Services........................ 45,900
For Travel...................................... 4,000
For Equipment................................... 1,000
Total $319,727
Campaign Financing
For Personal Services........................... 643,712
For Employee Retirement Contributions
Paid By Employer............................ 25,749
For State Contributions to State
Employees' Retirement System................ 63,084
For State Contributions to
Social Security............................. 49,244
For Contractual Services........................ 9,860
For Travel...................................... 12,250
For Printing.................................... 14,400
For Equipment................................... 8,800
Total $827,099
EDP
For Personal Services........................... 256,287
For Employee Retirement Contributions
Paid By Employer............................ 10,252
For State Contributions to State
Employees' Retirement System................ 25,116
For State Contributions to
Social Security............................. 19,606
For Contractual Services........................ 532,700
For Travel...................................... 10,900
For Commodities................................. 14,610
For Printing.................................... 2,300
For Equipment................................... 161,000
Total $1,122,771
The sum of $50,000, or so much thereof as may be
necessary and remains unexpended at the close of business on
June 30, 1999, from an appropriation heretofore made in
Section 5 of Article 12 of Public Act 90-0585, as amended, is
reappropriated from the General Revenue Fund to the State
Board of Elections for completion of Phase II of the Census
[April 7, 2000] 198
2000 Redistricting Program pursuant to Public Law 94-171.
(Total, this Section $5,912,519)
ARTICLE 2
Section 1. In addition to any amounts previously appropriated for
such purposes, the amount of $7,000,000, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to the Court
of Claims to pay claims under the Crime Victims Compensation Act.
Section 2. The following named amounts are appropriated from the
General Revenue Fund to the Court of Claims to pay claims in conformity
with awards and recommendations made by the Court of Claims as follows:
No. 84-CC-0090, Foster G. McGaw Hospital.
Medical Vendor, against the Department of Public
Aid............................................. $26,208.69
No. 89-CC-0830, Billy E. Johnson. Back
Salary, against the Department of Corrections... $56,835.50
No. 89-CC-3435, Judith A. Moroz. Personal
Injury, against the Department of State Police.. $33,491.67
No. 90-CC-0124, Metropolitan Water
Reclamation District of Greater Chicago. Debt,
against the Department of Central Management
Services........................................ $22,244.00
No. 91-CC-3439, Walter Jones. Personal
Injury, against the Department of Corrections... $75,000.00
No. 92-CC-2996, SIU at Carbondale. Debt,
against the Illinois Student Assistance
Commission...................................... $24,456.07
No. 93-CC-2300, Darryl Whitehead. Personal
Injury, against the Department of Corrections... $10,000.00
No. 93-CC-3412, Patricia Kipping. Personal
Injury, against the Department of Employment
Security........................................ $12,000.00
No. 94-CC-0468, Craig Niemiec. Personal
Injury, against Illinois State University....... $75,000.00
No. 94-CC-0811, Harold Stojentin. Personal
Injury, against the Department of Transportation. $8,935.00
No. 95-CC-0554, Evelyn Starr and Albert
Starr. Personal Injury, against the Department
of Transportation............................... $150,000.00
No. 95-CC-1398, Swedish American Hospital.
Medical Vendor, against the Department of Public
Aid............................................. $17,021.89
No. 95-CC-1615, William King. Personal
Injury, against the Department of Corrections... $12,000.00
No. 96-CC-1393, DuPage County Health
Department. Debt, against the Department of
Human Services.................................. $13,835.11
No. 96-CC-3336, Joseph L. Gannon. Lost
Warrant, against the Office of the Comptroller.. $65,460.66
No. 96-CC-4318, Elroy Seay. Personal Injury,
against the Department of Corrections........... $11,500.00
No. 96-CC-4350, Nathaniel Williams.
Personal Injury, against the Department of
Children and Family Services.................... $6,000.00
No. 97-CC-0172, Board of Education of the
City of St. Louis. Debt, against the Department
of Children and Family Services................. $78,897.77
No. 97-CC-0686, Catholic Charities
Archdiocese of Chicago. Debt, against the DCFS.. $81,787.72
No. 97-CC-0794, University of Illinois at
Chicago, Board of Trustees. Debt, against the
Illinois Student Assistance Commission.......... $26,349.17
No. 97-CC-1030, U of I at Chicago. Debt,
against the Illinois Student Assistance
Commission...................................... $10,029.79
199 [April 7, 2000]
No. 97-CC-1031, U of I at Chicago. Debt,
against the Illinois Student Assistance
Commission...................................... $14,798.65
No. 97-CC-3285, Century Healthcare Corp.
Debt, against the DCFS.......................... $33,829.81
No. 97-CC-3805, Creative Child Care Kiddy
Kabby. Debt, against the Department of Children
and Family Services............................. $93,066.00
No. 98-CC-0392, Larkin Center. Debt, against
the DCFS........................................ $31,433.77
No. 98-CC-0603, Aunt Martha's Youth Service
Center. Debt, against the DCFS.................. $22,722.13
No. 98-CC-1511, St. Joseph's Carondolet
Child Center. Debt, against the DCFS............ $16,698.24
No. 98-CC-2617 and 98-CC-2619, Fillmore
Center for Human Services. Debt, against the
DCFS............................................ $11,432.63
No. 98-CC-3468, Dr. Robert John Zagar. Debt,
against the Department of Children and Family
Services........................................ $123,349.10
No. 98-CC-3585, Allendale Association. Debt,
against the Department of Human Services........ $18,732.80
No. 98-CC-3932, Southeast Alcohol & Drug
Abuse Center. Debt, against the Department of
Children and Family Services.................... $14,305.90
No. 98-CC-4432, Central Baptist Children's
Home. Debt, against the DCFS.................... $16,442.31
No. 98-CC-4598, 98-CC-5072, 99-CC-0200,
99-CC-4600 and 99-CC- 0199, Gateway Foundation,
Inc. Debt, against the Department of Human
Services........................................ $81,869.80
No. 98-CC-4601, Illinois Primary Health Care
Association. Debt, against the Department of
Human Services.................................. $24,040.12
No. 98-CC-4602, Illinois Primary Health Care
Association. Debt, against the Department of
Human Services.................................. $31,500.00
No. 98-CC-4685, OSF Healthcare System. Debt,
against the Department of Human Services........ $41,824.79
No. 99-CC-0070, Wllowglen Academy. Debt,
against the DCFS................................ $67,298.16
No. 99-CC-0122, Charter Manatee Palms CBHS.
Debt, against the DCFS.......................... $56,358.51
No. 99-CC-0181, Center for Family Services.
Debt, against the DCFS.......................... $11,997.84
No. 99-CC-0276, Clarinda Academy. Debt,
against the DCFS................................ $23,596.00
No. 99-CC-0279, Clarinda Academy. Debt,
against the DCFS................................ $26,160.00
No. 99-CC-0315 & 99-CC-0317 through
99-CC-0319, Debt, against the DCFS.............. $47,596.27
No. 99-CC-0440, Lutheran Social Services of
Illinois. Debt, against the DCFS................ $30,924.00
No. 99-CC-0569, Roche Biomedical
Laboratories, Inc. Debt, against the DCFS....... $12,196.00
No. 99-CC-0609, Encyclopedia Brittanica,
Inc. Debt, against the IDHS & the IDPA.......... $30,173.00
No. 99-CC-0612, Peoria Association for
Retarded Citizens. Debt, against the IDHS....... $17,575.69
No. 99-CC-0732, Loyola University Chicago.
Debt, against the Illinois Student Assistance
Commission...................................... $58,710.00
No. 99-CC-0734, Computerland. Debt, against
the IDPA........................................ $17,607.30
No. 99-CC-0781, Carle Clinic Association.
Debt, against the Department of Corrections..... $25,961.71
[April 7, 2000] 200
No. 99-CC-1013, Lutheran Child & Family
Services of Illinois. Debt, against the
Department of Children and Family Services...... $32,062.58
No. 99-CC-1186, Cagnoni Development. Debt,
against the Secretary of State.................. $15,187.29
No. 99-CC-1367, IBM Corporation. Debt,
against the Illinois Department of Human
Services........................................ $185,199.50
No. 99-CC-1479, Will County Health
Department. Debt, against the IDHS: Public
Health.......................................... $23,961.39
No. 99-CC-1516, Joe Hotze Ford, Inc. Debt,
against the Illinois Department of Human
Services........................................ $19,688.00
No. 99-CC-1531, Franklin-Williamson
Bi-County Health Department. Debt, against the
Illinois Department of Human Services........... $12,248.26
No. 99-CC-1591, University of Illinois at
Chicago. Debt, against the Department of Human
Services........................................ $83,888.05
No. 99-CC-1597, Robert Young Center for
Community Mental Health. Debt, against the
Department of Human Services.................... $79,297.65
No. 99-CC-1620, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $13,911.84
No. 99-CC-1622, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $16,363.20
No. 99-CC-1822, Children's Place
Association. Debt, against the Department of
Children and Family Services.................... $42,317.28
No. 99-CC-1914, Pike County Health
Department. Debt, against the Illinois
Department of Human Services.................... $13,549.05
No. 99-CC-1921, ILHOP, Inc. DBA Chicago
Staffing Service. Debt, against the DCFS........ $11,809.67
No. 99-CC-2127, Brown County Mental Health
Center. Debt, against the IDHS.................. $12,180.00
No. 99-CC-2208, Vermilion County Health
Department. Debt, against the IDHS.............. $13,054.47
No. 99-CC-2245, CDS Office Technologies.
Debt, against the IDHS.......................... $18,706.00
No. 99-CC-2478, Youth Service Bureau. Debt,
against the IDHS................................ $14,419.97
No. 99-CC-2648, Jane Addams, Inc. Debt,
against the IDHS................................ $27,356.85
No. 99-CC-2825, Meridell Achievement Center.
Debt, against the DCFS.......................... $39,868.50
No. 99-CC-2939, Joe Hotze Ford, Inc. Debt,
against the Illinois Department of Human
Services........................................ $19,688.00
No. 99-CC-2940, Joe Hotze Ford, Inc. Debt,
against the Illinois Department of Human
Services........................................ $19,688.00
No. 99-CC-2942, Joe Hotze Ford, Inc. Debt,
against the Illinois Department of Natural
Resources....................................... $18,377.00
No. 99-CC-3004, L. G. E. Energy Marketing.
Debt, against the Illinois Department of Human
Services........................................ $22,260.48
No. 99-CC-3086, Concurrent Computer
Corporation. Debt, against the IDPA............. $10,410.61
No. 99-CC-3257, Drake Scruggs Equipment
Company. Debt, against the Department of
Corrections..................................... $28,019.00
201 [April 7, 2000]
No. 99-CC-3662, Legal Assistance Foundation
of Chicago. Debt, against the Illinois
Department of Human Services.................... $53,895.72
No. 99-CC-3702, Gateway Foundation, Inc.
Debt, against the Illinois Department of
Corrections..................................... $23,754.85
No. 99-CC-3794, GE Capital ITS. Debt,
against the Department of Public Aid............ $42,762.00
No. 99-CC-3811, Clinicare Corporation. Debt,
against the Illinois Department of Human
Services........................................ $11,997.30
No. 99-CC-3831, Community Family Serv &
Mental Health Assoc. Debt, against the Illinois
Department of Human Services.................... $12,294.45
No. 99-CC-3881, John Deere Company. Debt,
against the Illinois Department of Natural
Resources....................................... $28,180.00
No. 99-CC-4050, Midwest Center for Youth &
Families. Debt, against the Illinois Department
of Human Services............................... $27,262.50
No. 99-CC-4077, Ewing, Lundberg &
Associates. Debt, against the Illinois
Department of Human Services.................... $21,391.42
No. 99-CC-4140, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $18,158.90
No. 99-CC-4143, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $21,609.90
No. 99-CC-4144, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $35,390.25
No. 99-CC-4145, Correctional Industries.
Debt, against the Illinois Department of Human
Services........................................ $14,490.00
No. 99-CC-4151, Best Western Grant Park
Hotel. Debt, against the DCFS................... $10,916.37
No. 99-CC-4201, Kale Uniforms, Inc. Debt,
against the Department of Corrections........... $21,840.00
No. 99-CC-4360, Lake County Health
Department. Debt, against the Illinois
Department of Human Services.................... $151,350.29
No. 99-CC-4495, Bethpage. Debt, against the
Illinois Department of Human Services........... $82,063.83
No. 99-CC-4502, Gateway Foundation. Debt,
against the Department of Corrections........... $40,678.86
No. 99-CC-4535, Blare House, Inc. Debt,
against the DCFS................................ $29,852.62
No. 99-CC-4568, Oconomowoc Developmental TC
#1366. Debt, against the Illinois Department of
Human Services.................................. $43,818.78
No. 99-CC-4587, Ashley's Quality Care, Inc.
Debt, against the Illinois Department of Human
Services........................................ $19,035.44
No. 99-CC-4737, Ingalls Hospital. Debt,
against the IDHS: DMHDD......................... $13,020.05
No. 99-CC-4751, Ingalls Hospital. Debt,
against the IDHS: DMHDD......................... $23,502.80
No. 99-CC-4821, Ericsson Inc. Debt, against
the Department of State Police.................. $122,742.17
No. 99-CC-4900, Donald J. Wooters. Personal
Injury, against Southern Illinois University
Carbondale...................................... $30,000.00
No. 99-CC-4906, Countryside Association for
the Handicapped. Debt, against the IDHS: DMHDD.. $12,993.62
[April 7, 2000] 202
No. 00-CC-0064, Thompson Electric. Debt,
against the Department of Corrections........... $34,862.00
No. 00-CC-0336, Community Counseling Centers
of Chicago. Debt, against the Department of
Human Services.................................. $29,806.48
No. 00-CC-0342, Interventions. Debt, against
the Department of Corrections................... $42,151.76
No. 00-CC-0368, Misericordia Home. Debt,
against the Department of Human Services........ $70,220.12
No. 00-CC-0644, Village of Orland Park.
Debt, against the Department of Natural
Resources....................................... $25,746.00
No. 00-CC-0673, Janet Wattles Center, Inc.
Debt, against the Department of Human Services.. $152,567.18
No. 00-CC-0695, Correctional Physician
Services, Inc. Debt, against the Department of
Corrections..................................... $224,204.20
No. 00-CC-1329, Anthony Porter. Illegal
Incarceration, against the Department of
Corrections..................................... $145,875.29
No. 00-CC-1730, Devereux Foundation #1393.
Debt, against the Department of Human Services.. $143,055.62
No. 00-CC-2289, Bancroft School. Debt,
against the Department of Human Services........ $131,528.70
Section 3. The following named amounts are appropriated
to the Court of Claims from the Education Assistance Fund
007, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-1094, John Wood Community College.
Debt, against the Student Assistance Commission. $500.00
No. 00-CC-1655, Community College District
508. Debt, against the Student Assistance
Commission...................................... $250.00
Section 4. The following named amounts are appropriated
to the Court of Claims from State Fund 011, Road Fund, to pay
claims in conformity with awards and recommendations made by
the Court of Claims as follows:
No. 89-CC-0332, S.J. Groves & Sons Co.
Contract, against the Department of
Transportation.................................. $1,730,829.62
No. 88-CC-3466, Joseph Spinnato. Back
Salary, against the Department of Transportation. $22,921.41
Section 5. The following named amounts are appropriated
to the Court of Claims from State Fund 012, Motor Fuel Tax
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-1674, Esquire Deposition Services.
Debt, against Department of Revenue............. $115.00
No. 00-CC-1675, Esquire Deposition Services.
Debt, against Department of Revenue............. $85.00
Section 6. The following named amounts are appropriated
to the Court of Claims from State Fund 013, Alcoholism and
Substance Abuse Block Grant Fund, to pay claims in conformity
with awards and recommendations made by the Court of Claims
as follows:
No. 99-CC-4095, Alexian Bros Bonaventure
House. Debt, against the DHS:DASA............... $50,975.00
No. 99-CC-4254, Xerox Corp. Debt, against
Department of Human Services.................... $1,184.11
No. 99-CC-4255, Xerox Corp. Debt, against
Department of Human Services.................... $825.67
No. 99-CC-4256, Xerox Corp. Debt, against
Department of Human Services.................... $1,605.23
No. 99-CC-4257, Xerox Corp. Debt, against
Department of Human Services.................... $2,221.58
203 [April 7, 2000]
No. 99-CC-4258, Xerox Corp. Debt, against
Department of Human Services.................... $355.00
No. 99-CC-4259, Xerox Corp. Debt, against
Department of Human Services.................... $1,272.20
No. 99-CC-4375, Richard A. Nance. Debt,
against Department of Human Services............ $257.00
Section 7. The following named amounts are appropriated
to the Court of Claims from State Fund 014, Food and Drug
Safety Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-4409, GE Capital. Debt, against
Department of Public Health..................... $3,413.00
No. 00-CC-1458, CTG, Inc. of Illinois. Debt,
against Department of Public Health............. $81,012.50
Section 8. The following named amounts are appropriated
to the Court of Claims from State Fund 021, Financial
Institution Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0797, Illinois Correctional
Industries. Debt, against Department of
Financial Institutions.......................... $770.00
No. 00-CC-0798, Illinois Correctional
Industries. Debt, against Department of
Financial Institutions.......................... $770.00
Section 9. The following named amounts are appropriated
to the Court of Claims from State Fund 037, Northeastern
Illinois University Income Fund, to pay claims in conformity
with awards and recommendations made by the Court of Claims
as follows:
No. 96-CC-3431, Micronet Systems #9029.
Debt, against Northeastern Illinois University.. $5,785.00
Section 10. The following named amounts are appropriated
to the Court of Claims from State Fund 041, Wildlife and Fish
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-4800, Nextlink Interactive, Inc.
Debt, against the Department of Natural
Resources....................................... $10,093.50
No. 00-CC-0969, America Ambulance Service,
Inc. Debt, against the Department of Natural
Resources....................................... $450.00
Section 11. The following named amounts are appropriated
to the Court of Claims from State Fund 045, Agricultural
Premium Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 90-CC-3332, Emery Worldwide. Debt,
against the Illinois Racing Board............... $720.52
No. 96-CC-1845, Unique Office Service. Debt,
against the Department of Agriculture........... $696.50
No. 96-CC-1846, Unique Office Service. Debt,
against the Department of Agriculture........... $278.00
No. 98-CC-3576, Identix, Inc. Debt, against
the Department of Agriculture................... $1,300.00
No. 99-CC-2963, Steve's Mobil, Inc. Debt,
against the Department of Agriculture........... $88.45
No. 99-CC-4397, GE Capital. Debt, against
the Department of Agriculture................... $380.00
No. 99-CC-4398, GE Capital. Debt, against
the Department of Agriculture................... $40.00
No. 00-CC-0634, Associates Capital Bank.
Debt, against Illinois Racing Board............. $46.85
No. 00-CC-0790, Illinois Correctional
Industries. Debt, against the Department of
Agriculture..................................... $976.00
[April 7, 2000] 204
No. 00-CC-0794, Illinois Correctional
Industries. Debt, against the Department of
Agriculture..................................... $300.00
Section 12. The following named amounts are appropriated
to the Court of Claims from State Fund 050, Mental Health
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0368, Misericordia Home. Debt,
against the Department of Human Services........ $13,994.26
No. 00-CC-0536, Sertoma Center, Inc. Debt,
against the Department of Human Services,....... $3,586.70
No. 00-CC-0544, St. Coletta of Wisconsin.
Debt, against the Department of Human Services.. $20,571.06
Section 13. The following named amounts are appropriated
to the Court of Claims from Federal Fund 052, Title III
Social Security and Employment Service Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 97-CC-2057, 657 W. Lake Street
Associates. Debt, against the Department of
Employment Security,............................ $1,448.22
No. 00-CC-0127, Xerox Corp. Debt, against
the Department of Employment Security,.......... $483.77
No. 00-CC-0639, Maxine B. Norris. Debt,
against the Department of Employment Security... $582.02
No. 00-CC-0709, IL Department of Employment
Security. Debt, against the Department of
Employment Security,............................ $49.60
No. 00-CC-0901, Susan M. Geltner. Debt,
against the Department of Employment Security,.. $169.50
No. 00-CC-0903, Mark Miceli. Debt, against
the Department of Employment Security,.......... $39.37
No. 00-CC-0904, Collier Rutledge. Debt,
against the Department of Employment Security,.. $297.85
No. 00-CC-0905, Kathleen Caruso. Debt,
against the Department of Employment Security,.. $399.90
No. 00-CC-0906, Christine Garrett. Debt,
against the Department of Employment Security,.. $274.50
No. 00-CC-0920, Michael Hutchcraft. Debt,
against the Department of Employment Security,.. $135.99
No. 00-CC-0926, Mary Thompson. Debt, against
the Department of Employment Security,.......... $257.10
No. 00-CC-0941, Susan M. Geltner. Debt,
against the Department of Employment Security,.. $133.98
No. 00-CC-1117, Alfred Mossner Co. Debt,
against the Department of Employment Security,.. $30.00
No. 00-CC-1266, Veodis I. Johnson, Debt,
against the Department of Employment Security,.. $81.47
No. 00-CC-1369, Weber Management. Debt,
against the Department of Employment Security,.. $12,959.25
No. 00-CC-1887, Coyne American Institute.
Debt, against the Department of Employment
Security,....................................... $981.70
Section 14. The following named amounts are appropriated
to the Court of Claims from State Fund 054, State Pensions
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0783, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $2,169.00
No. 00-CC-0784, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $580.00
No. 00-CC-0785, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $770.00
205 [April 7, 2000]
No. 00-CC-0795, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $1,270.50
No. 00-CC-0796, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $2,293.50
No. 00-CC-0953, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $225.00
No. 00-CC-0954, IL Correctional Industries.
Debt, against the Department of Financial
Institutions,................................... $1,182.50
Section 15. The following named amounts are appropriated
to the Court of Claims from State Fund 057, Illinois State
Pharmacy Disciplinary Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-1212, Associates Capital Bank.
Debt, against the Department of Professional
Regulation...................................... $11.26
Section 16. The following named amounts are appropriated
to the Court of Claims from State Fund 059, Public Utility
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-2755, Glass Specialty Co., Inc.
Debt, against the Commerce Commission........... $85.89
No. 00-CC-0314, JDC Investment LLC. Debt,
against the Commerce Commission................. $903.00
Section 17. The following named amounts are appropriated
to the Court of Claims from Federal Fund 063, Public Health
Services Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 96-CC-4381, University of Chicago. Debt,
against the Department of Public Health......... $14,257.63
No. 99-CC-1533, Coles County Public Health
Department. Debt, against the Department of
Public Health................................... $3,492.52
No. 99-CC-4260, Clay County Health Dept.
Debt, against the Department of Public Health... $3,000.00
No. 99-CC-4621, Children's Memorial
Hospital. Debt, against the Department of Public
Health.......................................... $23,829.69
No. 99-CC-4712, Public Health & Safety, Inc.
Debt, against the Department of Public Health... $42,545.50
No. 99-CC-4813, United Airlines, Inc. Debt,
against the Department of Public Health......... $226.00
No. 00-CC-0071, SIU School of Medicine,
Debt, against the Department of Human Services.. $7,172.00
No. 00-CC-1550, Rock Island County Health
Dept., against the Department of Public Health.. $7,157.33
Section 18. The following named amounts are appropriated
to the Court of Claims from Federal Fund 065, Environmental
Protection Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 91-CC-0102, Forms World Stock Products.
Debt, against the Environmental Protection
Agency.......................................... $426.00
No. 99-CC-0936, Gerald Willman. Debt,
against the Environmental Protection Agency..... $22.50
No. 00-CC-2092, The Ross Agency, Inc. Debt,
against the Environmental Protection Agency..... $1,227.20
Section 19. The following named amounts are appropriated
to the Court of Claims from State Fund 067, Radiation
Protection Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
[April 7, 2000] 206
No. 99-CC-4322, Phillips 66 Company. Debt,
against the Department of Nuclear Safety........ $186.69
Section 20. The following named amounts are appropriated
to the Court of Claims from State Fund 071, Firearm Owners
Notification Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 99-CC-2963, Steve's Mobil, Inc. Debt,
against the Department of State Police.......... $108.54
Section 21. The following named amounts are appropriated
to the Court of Claims from Federal Fund 081, Vocational
Rehabilitation Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 91-CC-0107, Forms World Stock Products.
Debt, against the Department of Human
Services/DORS................................... $296.77
No. 00-CC-0327, Illinois Correctional
Industries. Debt, against the Department of
Human Services.................................. $429.00
Section 22. The following named amounts are appropriated
to the Court of Claims from State Fund 085, Illinois Gaming
Law Enforcement Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 98-CC-2952, Henry W. Lahmeyer, M.D.
Debt, against the Attorney General.............. $18.96
Section 23. The following named amounts are appropriated
to the Court of Claims from State Fund 163, Weights and
Measures Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0883, Associates Capital Bank.
Debt, against the Department of Agriculture..... $309.70
Section 24. The following named amounts are appropriated
to the Court of Claims from State Fund 218, Professional
Indirect Cost Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 00-CC-0662, Rush Behavioral Health.
Debt, against the Department of Professional
Regulation...................................... $2,760.00
No. 00-CC-0674, T.J. Bowman Court Reporting.
Debt, against the Department of Professional
Regulation...................................... $1,398.40
No. 00-CC-0722, Daniel O'Sullivan. Debt,
against the Department of Professional
Regulation...................................... $2,483.00
Section 25. The following named amounts are appropriated
to the Court of Claims from State Fund 231, Correctional
Recoveries Trust Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 98-CC-1294, JCM Uniforms, Inc. Debt,
against the Office of Banks and Real Estate..... $171.00
Section 26. The following named amounts are appropriated
to the Court of Claims from State Fund 253, Horse Racing Tax
Allocation Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0793, IL Correctional Industries.
Debt, against the Department of Agriculture..... $11,324.72
Section 27. The following named amounts are appropriated
to the Court of Claims from State Fund 259, Optometric
Licensing and Disciplinary Committee Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 97-CC-3677, Bill Donohue c/o Department
of Professional Regulation. Debt, against the
Department of Professional Regulation........... $30.00
207 [April 7, 2000]
Section 28. The following named amounts are appropriated
to the Court of Claims from State Fund 262, Mandatory
Arbitration Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-1446, Mary A. Mazurk. Debt,
against the Administrative Office of the
Illinois Courts................................. $150.00
No. 00-CC-2267, Michael J. Kane, Esq. Debt,
against the Administrative Office of the
Illinois Courts................................. $150.00
Section 29. The following named amounts are appropriated
to the Court of Claims from State Fund 270, Water Pollution
Control Revolving Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 00-CC-0919, North Shore Sanitary
District. Debt, against the Environmental
Protection Agency............................... $1,681.98
Section 30. The following named amounts are appropriated
to the Court of Claims from State Fund 276, Drunk and Drugged
Driving Prevention Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-3966, Professional Consultations,
Debt, against the Department of Human Services.. $1,298.50
Section 31. The following named amounts are appropriated
to the Court of Claims from State Fund 288, Community Water
Supply Laboratory Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 98-CC-4281, Ultra Scientific, Inc. Debt,
against the Environmental Protection Agency..... $7.00
No. 98-CC-4576, VWR Scientific Products.
Debt, against the Environmental Protection
Agency.......................................... $3,610.48
No. 99-CC-0603, Novell, Inc. Debt, against
the Environmental Protection Agency............. $50.00
No. 99-CC-2379, Old Dominion Freight Line.
Debt, against the Environmental Protection
Agency.......................................... $55.76
No. 00-CC-0264, Biovir Laboratories, Inc.
Debt, against the Environmental Protection
Agency.......................................... $280.00
Section 32. The following named amounts are appropriated
to the Court of Claims from State Fund 294, Used Tire
Management Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 96-CC-2952, John P. Leen. Debt, against
the Environmental Protection Agency............. $79.00
Section 33. The following named amounts are appropriated
to the Court of Claims from State Fund 301, Working Capital
Revolving Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-4152, Advance Uniform Company.
Debt, against the Department of Corrections..... $38,878.40
No. 00-CC-0556, Windsor Woods, Inc. Debt,
against the Department of Corrections........... $24,996.00
Section 34. The following named amounts are appropriated
to the Court of Claims from State Fund 304, Statistical
Services Revolving Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-4553, Progressive Electric. Debt,
against CMS..................................... $945.13
No. 99-CC-4592, Solar Turbines, Inc. Debt,
against CMS..................................... $2,353.00
[April 7, 2000] 208
No. 99-CC-4728, Barnes & Noble, Inc. Debt,
against CMS..................................... $41.75
Section 35. The following named amounts are appropriated
to the Court of Claims from State Fund 312, Communications
Revolving Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 89-CC-3447, Telecomm Management, Inc.
Debt, against CMS............................... $70.00
No. 98-CC-0615, AT&T Language Line. Debt,
against CMS..................................... $125.00
No. 98-CC-4711, Economy Mechanical
Industries. Debt, against CMS................... $736.05
No. 99-CC-0002, Ameritech. Debt, against CMS. $1,155.37
No. 99-CC-2901, Milgo Solutions, Inc. Debt,
against CMS..................................... $2,716.00
No. 99-CC-4037, Friend & Assoc Consultants,
Inc. Debt, against CMS.......................... $2,162.25
No. 99-CC-4278, Xerox Corp. Debt, against
CMS............................................. $248.65
No. 99-CC-4483, Segno Communications. Debt,
against CMS..................................... $28.95
No. 99-CC-4755, GTE North. Debt, against CMS. $2,273.10
No. 99-CC-4756, GTE North. Debt, against CMS. $309.12
No. 00-CC-0130, United Airlines, Inc. Debt,
against CMS..................................... $223.00
Section 36. The following named amounts are appropriated
to the Court of Claims from State Fund 360, Lead Poisoning,
Screening, Prevention and Abatement Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 99-CC-2084, Medical Technical
Placements. Debt, against the Department of
Public Health................................... $1,443.00
Section 37. The following named amounts are appropriated
to the Court of Claims from State Fund 386, Appraisal
Administration Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 99-CC-4776, Cunningham, Inc. Debt,
against Office of Banks and Real Estate......... $500.00
Section 38. The following named amounts are appropriated
to the Court of Claims from Federal Fund 410, SBE Federal
Department of Agricultural Fund, to pay claims in conformity
with awards and recommendations made by the Court of Claims
as follows:
No. 00-CC-0835, Gateway. Debt, against State
Board of Education.............................. $28,470.00
Section 39. The following named amounts are appropriated
to the Court of Claims from State Fund 421, Public Assistance
Recoveries Trust Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-4015, Correctional Industries.
Debt, against the Department of Public Aid...... $2,349.60
No. 99-CC-4022, Correctional Industries.
Debt, against the Department of Public Aid...... $350.00
No. 99-CC-4030, Correctional Industries.
Debt, against the Department of Public Aid...... $700.00
No. 99-CC-4035, Correctional Industries.
Debt, against the Department of Public Aid...... $381.46
No. 99-CC-4142, Illinois Correctional
Industries. Debt, against the Department of
Public Aid...................................... $649.00
No. 99-CC-4185, Savin Processing Center.
Debt, against the Department of Public Aid...... $459.81
209 [April 7, 2000]
Section 40. The following named amounts are appropriated
to the Court of Claims from State Fund 438, Illinois State
Fair Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0804, National City. Debt, against
the Department of Agriculture................... $4,296.78
No. 00-CC-1099, Watts Copy Systems, Inc.
Debt, against the Department of Agriculture..... $150.28
Section 41. The following named amounts are appropriated
to the Court of Claims from State Fund 462, Commercial
Consolidation Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 97-CC-4423, Adams County Mental Health
Center. Debt, against the Department of Human
Services........................................ $3,392.05
Section 42. The following named amounts are appropriated
to the Court of Claims from Federal Fund 476, Wholesome Meat
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-0635, Associates Capital Bank.
Debt, against the Department of Agriculture..... $65.46
No. 00-CC-2137, Bob Ridings, Inc. Debt,
against the Department of Agriculture........... $14,085.00
Section 43. The following named amounts are appropriated
to the Court of Claims from State Fund 483, SOS Special
Services Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-2366, AV Networks, Inc. Debt,
against the Secretary of State.................. $17,230.95
No. 00-CC-2367, AV Networks, Inc. Debt,
against the Secretary of State.................. $15,477.00
Section 44. The following named amounts are appropriated
to the Court of Claims from Federal Fund 488, Criminal
Justice Trust Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 99-CC-4695, Sara Naureckas, MD. Debt,
against the Criminal Justice Information
Authority....................................... $569.44
Section 45. The following named amounts are appropriated
to the Court of Claims from Federal Fund 495, Old Age
Survivors Insurance Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 95-CC-0156, St. Therese Radiology Assoc.
Debt, against the DHS: DORS..................... $17.00
No. 96-CC-2682, Irwin K. Carson, M.D. Debt,
against the DHS................................. $76.00
No. 96-CC-3351, Edward Mann, MD. Debt,
against the DHS: DORS........................... $45.00
No. 96-CC-3890, Delnor-Community Hospital.
Debt, against the DHS: DORS..................... $27.00
No. 96-CC-4297, South Shore Hospital. Debt,
against the DHS: DORS........................... $60.00
No. 96-CC-4425, Good Samaritan Regional
Health Center. Debt, against the DHS:DORS....... $60.00
No. 98-CC-0613, Nagpal & Arora Assoc. Debt,
against the DHS: DORS........................... $105.00
No. 99-CC-0140, Northwest Orthopaedic Assoc,
LTD. Debt, against the DHS: DORS................ $249.00
No. 99-CC-2289, Lincoln Medical Center.
Debt, against the DHS: DORS..................... $45.00
No. 99-CC-2451, Chicago Consulting
Physicians. Debt, against the DHS: DORS......... $1,524.00
No. 99-CC-2459, Chicago Consulting
Physicians. Debt, against the DHS: DORS......... $15,571.50
[April 7, 2000] 210
No. 99-CC-2460, Chicago Consulting
Physicians. Debt, against the DHS: DORS......... $14,156.50
No. 99-CC-3044, Richland Radiology. Debt,
against the DHS: DORS........................... $45.00
No. 99-CC-3245, IL Masonic Medical Center.
Debt, against the DHS: DORS..................... $22.00
No. 99-CC-3246, IL Masonic Medical Center.
Debt, against the DHS: DORS..................... $343.00
No. 99-CC-3247, IL Masonic Medical Center.
Debt, against the DHS: DORS..................... $54.00
No. 99-CC-3248, IL Masonic Medical Center.
Debt, against the DHS: DORS..................... $155.00
No. 99-CC-4045, University Neurologists.
Debt, against the DHS: DORS..................... $110.00
No. 99-CC-4075, Kishwaukee Community
Hospital. Debt, against the DHS: DORS........... $36.00
No. 99-CC-4117, Sucharita Arora. Debt,
against the DHS: DORS........................... $60.00
No. 99-CC-4403, GE Capital. Debt, against
the DHS: DORS................................... $4,269.25
No. 99-CC-4416, Christie Clinic Association.
Debt, against the DHS: DORS..................... $20.00
No. 99-CC-4552, Carolyn L. Owens
Psychological Services. Debt, against the
DHS:DORS........................................ $2,100.00
No. 99-CC-4879, Linda D. Cornell. Debt,
against the DHS: DORS........................... $17.36
No. 99-CC-4894, Chicago Hearing Society.
Debt, against the DHS: DORS..................... $74.00
No. 99-CC-4916, Crusader Central Clinic
Association. Debt, against the DHS: DORS........ $20.00
No. 00-CC-0005, AIMS Services, Inc. Debt,
against the DHS: DORS........................... $140.00
No. 00-CC-0118, Xerox Corporation. Debt,
against the DHS: DORS........................... $347.36
No. 00-CC-1028, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
No. 00-CC-1029, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
No. 00-CC-1030, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
No. 00-CC-1031, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
No. 00-CC-1032, Metro Consultants. Debt,
against the DHS: DORS........................... $121.00
No. 00-CC-1033, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
No. 00-CC-1034, Metro Consultants. Debt,
against the DHS: DORS........................... $121.00
No. 00-CC-1035, Metro Consultants. Debt,
against the DHS: DORS........................... $105.00
Section 46. The following named amounts are appropriated
to the Court of Claims from State Fund 542, Attorney General
Court Order and Voluntary Compliance Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 00-CC-1395, Lamantia Creative, LTD.
Debt, against the Attorney General.............. $10,000.00
Section 47. The following named amounts are appropriated
to the Court of Claims from Federal Fund 561, SBE Federal
Department of Education Fund, to pay claims in conformity
with awards and recommendations made by the Court of Claims
as follows:
No. 99-CC-4090, Leyden Area Special
Education Cooperative. Debt, against the State
Board of Education.............................. $953.10
211 [April 7, 2000]
No. 99-CC-4369, Charles L. Aschenbrenner.
Debt, against the State Board of Education...... $833.33
No. 99-CC-4534, Darryl Calhoun. Debt,
against the State Board of Education............ $150.00
No. 00-CC-0043, Valley View Public Schools.
Debt, against the State Board of Education...... $1,027.13
No. 00-CC-1077, Millvinia Stiff. Debt,
against the State Board of Education............ $300.00
No. 00-CC-1088, Teri Paulin. Debt, against
the State Board of Education.................... $100.00
No. 00-CC-1095, Sarah Alhassan. Debt,
against the State Board of Education............ $125.00
No. 00-CC-1097, Mattoon Community Unit
School Dist #2. Debt, against the State Board of
Education....................................... $525.00
Section 48. The following named amounts are appropriated
to the Court of Claims from Federal Fund 566, DCFS Federal
Projects Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-2783, Lakeshore Learning
Materials. Debt, against the Department of
Children and Family Services.................... $3,890.54
Section 49. The following named amounts are appropriated
to the Court of Claims from Federal Fund 607, Special
Projects Division Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 96-CC-3025, IBM Corporation. Debt,
against the Human Rights Commission............. $70.00
Section 50. The following named amounts are appropriated
to the Court of Claims from State Fund 676, Student
Assistance Commission Student Loan Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 00-CC-2140, Bob Ridings, Inc. Debt,
against the Student Assistance Commission....... $14,085.00
Section 51. The following named amounts are appropriated
to the Court of Claims from Federal Fund 700, USDA Women,
Infants and Children Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 98-CC-0673, Currency Food and Liquor.
Debt, against the DHS: Public Health............ $8,025.69
No. 99-CC-0647, Livingston County Health
Department. Debt, against the DHS:Public Health. $1,236.72
Section 52. The following named amounts are appropriated
to the Court of Claims from State Fund 708, Illinois
Standardbred Breeders Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 00-CC-0630, Associates Capital Bank.
Debt, against the Department of Agriculture..... $14.09
Section 53. The following named amounts are appropriated
to the Court of Claims from State Fund 711, State Lottery
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 00-CC-1179, Associates Capital Bank.
Debt, against the Department of Lottery......... $28.81
No. 00-CC-1180, Associates Capital Bank.
Debt, against the Department of Lottery......... $14.17
No. 00-CC-2029, Associates Capital Bank.
Debt, against the Department of Lottery......... $16.05
Section 54. The following named amounts are appropriated
to the Court of Claims from State Fund 762, Local Initiative
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
[April 7, 2000] 212
No. 98-CC-0709, Aunt Martha's Youth Service
Center. Debt, against the Department of Human
Services........................................ $1,519.16
No. 99-CC-3616, Clearbrook. Debt, against
the Department of Human Services................ $1,958.84
No. 99-CC-3829, Alternatives, Inc. Debt,
against the Department of Human Services........ $1,656.29
No. 99-CC-4081, Youth Service Bureau of Rock
Island County. Debt, against the Department of
Human Services.................................. $1,305.08
No. 99-CC-4476, Senior Citizens Services,
Inc. Debt, against the Department of Human
Services........................................ $285.26
Section 55. The following named amounts are appropriated
to the Court of Claims from State Fund 763, Tourism
Promotion Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-0607, Novell, Inc. Debt, against
the Department of Commerce and Community Affairs. $62.00
Section 56. The following named amounts are appropriated
to the Court of Claims from State Fund 795, Bank and Trust
Company Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-2620, Michael D. Rolnik. Debt,
against the Office of Banks and Real Estate..... $126.00
No. 99-CC-4342, SCS Trips, DBA A-1 Travel.
Debt, against the Office of Banks and Real
Estate.......................................... $662.10
No. 00-CC-2131, Theresa Renik. Debt, against
the Office of Banks and Real Estate............. $590.16
No. 00-CC-2446, Shell Oil Company. Debt,
against the Office of Banks and Real Estate..... $46.14
Section 57. The following named amounts are appropriated
to the Court of Claims from State Fund 796, Nuclear Safety
Emergency Preparedness Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-4283, Xerox Corporation. Debt,
against the Department of Nuclear Safety........ $400.00
Section 58. The following named amounts are appropriated
to the Court of Claims from State Fund 821, Dram Shop Fund,
to pay claims in conformity with awards and recommendations
made by the Court of Claims as follows:
No. 00-CC-0514, Leonard L. Branson. Debt,
against the Liquor Control Commission........... $118.35
No. 00-CC-2032, Associates Capital Bank.
Debt, against the Liquor Control Commission..... $14.71
Section 59. The following named amounts are appropriated
to the Court of Claims from State Fund 844, Continuing Legal
Education Trust Fund, to pay claims in conformity with awards
and recommendations made by the Court of Claims as follows:
No. 00-CC-1708, Northfield Inn and Suites.
Debt, against the State's Attorneys Appellate
Prosecutor...................................... $12,554.60
Section 60. The following named amounts are appropriated
to the Court of Claims from State Fund 845, Environmental
Protection Trust Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 95-CC-2490, Village of Keyesport. Debt,
against the Environmental Protection Agency..... $250.00
No. 96-CC-3028, IBM Corporation. Debt,
against the Pollution Control Board............. $129.10
Section 61. The following named amounts are appropriated
to the Court of Claims from State Fund 850, Real Estate
License Administration Fund, to pay claims in conformity with
213 [April 7, 2000]
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-4445, Phillips 66 Company. Debt,
against the Office of Banks and Real Estate..... $10.33
No. 99-CC-4772, Computer Associates
International. Debt, against the Office of Banks
and Real Estate................................. $720.00
No. 00-CC-2138, Bob Ridings, Inc. Debt,
against the Office of Banks and Real Estate..... $14,445.00
No. 00-CC-2088, Association of Real Estate
License Law Officials. Debt, against the Office
of Banks and Real Estate........................ $174.00
Section 62. The following named amounts are appropriated
to the Court of Claims from State Fund 865, Domestic Violence
Shelter and Service Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 00-CC-1760, Starved Rock Lodge and
Conference Center. Debt, against the Department
of Human Services............................... $1,328.62
Section 63. The following named amounts are appropriated
to the Court of Claims from Federal Fund 872, Maternal and
Child Health Services Block Grant Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 99-CC-1527, Sound & Stagecraft, Inc.
Debt, against the DHS:Public Health............. $86.80
No. 99-CC-2227, Cook County Dept of Public
Health. Debt, against the DHS:Public Health..... $736,954.00
No. 99-CC-2913, RC Kerr and Associates.
Debt, against the DHS:Public Health............. $329.70
No. 99-CC-4124, Family Focus. Debt, against
the DHS:Public Health........................... $14,271.76
No. 99-CC-4721, Kelly Services, Inc. Debt,
against the DHS:Public Health................... $516.89
No. 00-CC-0315, Hancock County Health
Department. Debt, against the DHS:Public Health. $1,711.51
Section 64. The following named amounts are appropriated
to the Court of Claims from State Fund 888, Design
Professionals Administration and Investigation Fund, to pay
claims in conformity with awards and recommendations made by
the Court of Claims as follows:
No. 99-CC-4519, Associates Capital Bank.
Debt, against the Department of Professional
Regulation...................................... $31.78
Section 65. The following named amounts are appropriated
to the Court of Claims from Federal Fund 900, Petroleum
Violation Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-4591, Architectural Energy
Corporation. Debt, against the Department of
Commerce and Community Affairs.................. $2,500.00
Section 66. The following named amounts are appropriated
to the Court of Claims from State Fund 906, State Police
Services Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-1458, Mobil Credit Finance Corp.
Debt, payable to the State Police Federal
Projects Fund................................... $204.94
Section 67. The following named amounts are appropriated
to the Court of Claims from State Fund 907, Health Insurance
Reserve Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 99-CC-2931, Adams County Health
Department. Debt, against the Department of
Central Management Services..................... $2,710.00
[April 7, 2000] 214
Section 68. The following named amounts are appropriated
to the Court of Claims from State Fund 955, Technology
Innovation and Commercialization Fund, to pay claims in
conformity with awards and recommendations made by the Court
of Claims as follows:
No. 98-CC-3949, Community College District
#508. Debt, against the Department of Commerce
and Community Affairs........................... $14,456.45
Section 69. The following named amounts are appropriated
to the Court of Claims from State Fund 957, Child Support
Enforcement Trust Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-2349, Eastman Kodak Company. Debt,
against the Department of Public Aid............ $34,627.00
No. 99-CC-2358, Connie Bonnell-Pierce. Debt,
against the Department of Public Aid............ $303.36
No. 99-CC-3958, ARC Electric. Debt, against
the Department of Public Aid.................... $1,566.92
No. 99-CC-4012, Correctional Industries.
Debt, against the Department of Public Aid...... $332.00
No. 99-CC-4013, Correctional Industries.
Debt, against the Department of Public Aid...... $4,227.30
No. 99-CC-4014, Correctional Industries.
Debt, against the Department of Public Aid...... $875.00
No. 99-CC-4017, Correctional Industries.
Debt, against the Department of Public Aid...... $7,756.00
No. 99-CC-4018, Correctional Industries.
Debt, against the Department of Public Aid...... $332.00
No. 99-CC-4020, Correctional Industries.
Debt, against the Department of Public Aid...... $838.20
No. 99-CC-4031, Correctional Industries.
Debt, against the Department of Public Aid...... $325.00
No. 99-CC-4032, Correctional Industries.
Debt, against the Department of Public Aid...... $3,850.00
No. 99-CC-4033, Correctional Industries.
Debt, against the Department of Public Aid...... $3,023.90
No. 99-CC-4076, Ewing Lunberg and
Associates. Debt, against the Department of
Public Aid...................................... $807.84
No. 99-CC-4185, Savin Processing Center.
Debt, against the Department of Public Aid...... $345.08
No. 00-CC-0891, Clerk of the Circuit Court
of Cook County. Debt, against the Department of
Public Aid...................................... $190.00
No. 00-CC-0917, Ron Dziubek. Debt, against
the Department of Public Aid.................... $492.78
No. 00-CC-1024, Thomas Zimmerman. Debt,
against the Department of Public Aid............ $315.17
Section 70. The following named amounts are appropriated
to the Court of Claims from State Fund 980, Manteno Veterans'
Home Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 96-CC-3247, St. Mary's Hospital. Debt,
against the Department of Veterans' Affairs..... $572.90
No. 96-CC-3359, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $1,560.00
No. 96-CC-3361, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $486.00
No. 96-CC-3362, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $36.00
215 [April 7, 2000]
No. 96-CC-3363, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $216.00
No. 96-CC-3364, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $36.00
No. 96-CC-3365, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $234.00
No. 96-CC-3366, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $234.00
No. 96-CC-3367, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $36.00
No. 96-CC-3368, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $378.00
No. 96-CC-3369, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $108.00
No. 96-CC-3370, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $354.00
No. 96-CC-3371, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $744.00
No. 96-CC-3372, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $390.00
No. 96-CC-3373, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $666.00
No. 96-CC-3374, Comprehensive
Rehabilitation, Inc. Debt, against the
Department of Veterans' Affairs................. $36.00
Section 71. The following named amounts are appropriated
to the Court of Claims from State Fund 991, Abandoned Mines
Fund, to pay claims in conformity with awards and
recommendations made by the Court of Claims as follows:
No. 93-CC-2145, Boyd Brothers, Inc. Debt,
against the Abandoned Mined Lands Reclamation
Council/Department of Natural Resources......... $16,997.86
Section 72. The following named amounts are appropriated
to the Court of Claims from State Fund 997, Insurance
Financial Regulation Fund, to pay claims in conformity with
awards and recommendations made by the Court of Claims as
follows:
No. 99-CC-3251, US Office Products. Debt,
against the Department of Insurance............. $38.40
No. 99-CC-4822, Evare, LLC. Debt, against
the Department of Insurance..................... $15,000.00
Section 99. Effective Date. This Act takes effect immediately upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1534 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
[April 7, 2000] 216
passage of a bill of the following title to-wit:
HOUSE BILL 1853
A bill for AN ACT concerning courts, amending named Acts.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1853.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1853 as follows:
on page 7, after line 6, by inserting the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1853 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 1854
A bill for AN ACT to amend the Judicial Vacancies Act by changing
Section 2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1854.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1854 as follows:
on page 4, after line 15, by inserting the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1854 was placed on the Calendar on the order of
Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
217 [April 7, 2000]
HOUSE BILL 2884
A bill for AN ACT in relation to gambling, amending certain named
Acts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2884.
Senate Amendment No. 2 to HOUSE BILL NO. 2884.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2884 on page 4, by inserting the
following after line 22:
"Section 15. The Bingo License and Tax Act is amended by changing
Section 2 as follows:
(230 ILCS 25/2) (from Ch. 120, par. 1102)
Sec. 2. The conducting of bingo is subject to the following
restrictions:
(1) The entire net proceeds from bingo play must be exclusively
devoted to the lawful purposes of the organization permitted to conduct
that game.
(2) (Blank). No person except a bona fide member of the sponsoring
organization or a bona fide member of an auxiliary organization,
substantially all of whose members are spouses of members of the
sponsoring organization may participate in the management or operation
of the game.
(3) No person may receive any remuneration or profit for
participating in the management or operation of the game, except that
if an organization licensed under this Act is associated with a school
or other educational institution, that school or institution may reduce
tuition or fees for a designated pupil based on participation in the
management or operation of the game by any member of the organization.
The extent to which tuition and fees are reduced shall relate
proportionately to the amount of time volunteered by the member, as
determined by the school or other educational institution.
(4) The aggregate retail value of all prizes or merchandise
awarded in any single day of bingo may not exceed $2,250, except that
in adjoining counties having 200,000 to 275,000 inhabitants each, and
in counties which are adjacent to either of such adjoining counties and
are adjacent to a total of not more than 2 counties in this State, and
in any municipality having 2,500 or more inhabitants and within one
mile of such adjoining and adjacent counties having less than 25,000
inhabitants, 2 additional bingo games may be conducted after the $2,250
limit has been reached. The prize awarded for any one game, including
any game conducted after reaching the $2,250 limit as authorized in
this paragraph (4), may not exceed $500 cash or its equivalent.
(5) The number of games may not exceed 25 in any one day including
regular and special games, except that this restriction on the number
of games shall not apply to bingo conducted at the Illinois State Fair
or any county fair held in Illinois.
(6) The price paid for a single card under the license may not
exceed $1 and such card is valid for all regular games on that day of
bingo. A maximum of 5 special games may be held on each bingo day,
except that this restriction on the number of special games shall not
apply to bingo conducted at the Illinois State Fair or any county fair
held in Illinois. The price for a single special game card may not
exceed 50 cents.
(7) The number of bingo days conducted by a licensee under this
[April 7, 2000] 218
Act is limited to one per week, except as follows:
(i) Bingo may be conducted in accordance with the terms of a
special operator's permit or limited license issued under
subdivision (3) of Section 1.
(ii) Bingo may be conducted at the Illinois State Fair or any
county fair held in Illinois under subdivision (3) of Section 1.
(iii) A licensee which cancels a day of bingo because of
inclement weather or because the day is a holiday or the eve of a
holiday may, after giving notice to the Department, conduct bingo
on an additional date which falls on a day of the week other than
the day authorized under the license. As used in this subdivision
(iii), "holiday" means any of the holidays listed in Section 17 of
the Promissory Note and Bank Holiday Act.
(8) A licensee may rent a premises on which to conduct bingo only
from an organization which is licensed as a provider of premises or
exempt from license requirements under this Act. If the organization
providing the premises is a metropolitan exposition, auditorium, and
office building authority created by State law, a licensee may enter
into a rental agreement with the organization authorizing the licensee
and the organization to share the gross proceeds of bingo games;
however, the organization shall not receive more than 50% of the gross
proceeds.
(9) No person under the age of 18 years may play or participate in
the conducting of bingo. Any person under the age of 18 years may be
within the area where bingo is being played only when accompanied by
his parent or guardian.
(10) The promoter of bingo games must have a proprietary interest
in the game promoted.
(11) Raffles or other forms of gambling prohibited by law shall
not be conducted on the premises where bingo is being conducted, except
that pull tabs and jar games conducted under the Illinois Pull Tabs and
Jar Games Act may be conducted on the premises where bingo is being
conducted. Prizes awarded in pull tabs and jar games shall not be
included in the bingo prize limitation.
(12) An organization holding a special operator's permit or a
limited license may, as one of the occasions allowed by such permit or
license, conduct bingo for a maximum of 2 consecutive days, during each
day of which the number of games may exceed 25, and regular game cards
need not be valid for all regular games. If only noncash prizes are
awarded during such occasions, the prize limits stated in paragraph (4)
of this Section shall not apply, provided that the retail value of
noncash prizes for any single game shall not exceed $150.
(Source: P.A. 87-220; 87-1175; 88-53.)".
AMENDMENT NO. 2. Amend House Bill 2884, AS AMENDED, in the title,
by deleting ", amending certain named Acts"; and
by replacing everything after the enacting clause with the following:
"Section 5. The Bingo License and Tax Act is amended by changing
Section 2 as follows:
(230 ILCS 25/2) (from Ch. 120, par. 1102)
Sec. 2. The conducting of bingo is subject to the following
restrictions:
(1) The entire net proceeds from bingo play must be exclusively
devoted to the lawful purposes of the organization permitted to conduct
that game.
(2) (Blank). No person except a bona fide member of the sponsoring
organization or a bona fide member of an auxiliary organization,
substantially all of whose members are spouses of members of the
sponsoring organization may participate in the management or operation
of the game.
(3) No person may receive any remuneration or profit for
participating in the management or operation of the game, except that
if an organization licensed under this Act is associated with a school
or other educational institution, that school or institution may reduce
tuition or fees for a designated pupil based on participation in the
management or operation of the game by any member of the organization.
219 [April 7, 2000]
The extent to which tuition and fees are reduced shall relate
proportionately to the amount of time volunteered by the member, as
determined by the school or other educational institution.
(4) The aggregate retail value of all prizes or merchandise
awarded in any single day of bingo may not exceed $2,250, except that
in adjoining counties having 200,000 to 275,000 inhabitants each, and
in counties which are adjacent to either of such adjoining counties and
are adjacent to a total of not more than 2 counties in this State, and
in any municipality having 2,500 or more inhabitants and within one
mile of such adjoining and adjacent counties having less than 25,000
inhabitants, 2 additional bingo games may be conducted after the $2,250
limit has been reached. The prize awarded for any one game, including
any game conducted after reaching the $2,250 limit as authorized in
this paragraph (4), may not exceed $500 cash or its equivalent.
(5) The number of games may not exceed 25 in any one day including
regular and special games, except that this restriction on the number
of games shall not apply to bingo conducted at the Illinois State Fair
or any county fair held in Illinois.
(6) The price paid for a single card under the license may not
exceed $1 and such card is valid for all regular games on that day of
bingo. A maximum of 5 special games may be held on each bingo day,
except that this restriction on the number of special games shall not
apply to bingo conducted at the Illinois State Fair or any county fair
held in Illinois. The price for a single special game card may not
exceed 50 cents.
(7) The number of bingo days conducted by a licensee under this
Act is limited to one per week, except as follows:
(i) Bingo may be conducted in accordance with the terms of a
special operator's permit or limited license issued under
subdivision (3) of Section 1.
(ii) Bingo may be conducted at the Illinois State Fair or any
county fair held in Illinois under subdivision (3) of Section 1.
(iii) A licensee which cancels a day of bingo because of
inclement weather or because the day is a holiday or the eve of a
holiday may, after giving notice to the Department, conduct bingo
on an additional date which falls on a day of the week other than
the day authorized under the license. As used in this subdivision
(iii), "holiday" means any of the holidays listed in Section 17 of
the Promissory Note and Bank Holiday Act.
(8) A licensee may rent a premises on which to conduct bingo only
from an organization which is licensed as a provider of premises or
exempt from license requirements under this Act. If the organization
providing the premises is a metropolitan exposition, auditorium, and
office building authority created by State law, a licensee may enter
into a rental agreement with the organization authorizing the licensee
and the organization to share the gross proceeds of bingo games;
however, the organization shall not receive more than 50% of the gross
proceeds.
(9) No person under the age of 18 years may play or participate in
the conducting of bingo. Any person under the age of 18 years may be
within the area where bingo is being played only when accompanied by
his parent or guardian.
(10) The promoter of bingo games must have a proprietary interest
in the game promoted.
(11) Raffles or other forms of gambling prohibited by law shall
not be conducted on the premises where bingo is being conducted, except
that pull tabs and jar games conducted under the Illinois Pull Tabs and
Jar Games Act may be conducted on the premises where bingo is being
conducted. Prizes awarded in pull tabs and jar games shall not be
included in the bingo prize limitation.
(12) An organization holding a special operator's permit or a
limited license may, as one of the occasions allowed by such permit or
license, conduct bingo for a maximum of 2 consecutive days, during each
day of which the number of games may exceed 25, and regular game cards
need not be valid for all regular games. If only noncash prizes are
awarded during such occasions, the prize limits stated in paragraph (4)
[April 7, 2000] 220
of this Section shall not apply, provided that the retail value of
noncash prizes for any single game shall not exceed $150.
(Source: P.A. 87-220; 87-1175; 88-53.)".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2884 was placed on the Calendar on the
order of Concurrenc.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of Representatives
that the Senate has concurred with the House of Representatives in the
passage of a bill of the following title to-wit:
HOUSE BILL 4022
A bill for AN ACT to amend the Civil Administrative Code of
Illinois.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 4022.
Passed the Senate, as amended, April 7, 2000.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 4022 on page 1, by replacing
line 12 with the following:
"Director of Commerce and Community Affairs Governor with the advice
and consent of the Senate. Of those"; and
on page 1, line 17, by replacing "Governor" with "Director Governor";
and
on page 1, line 29, by replacing "quarterly" with "annually quarterly";
and
on page 2, by replacing lines 14 and 15 with the following:
"Lieutenant Governor shall employ and fix the salary of a Statewide
coordinator who, to the extent possible, shall"; and
on page 2, line 18, by replacing "Board" with "Department Board"; and
on page 2, line 18, by changing "by the" to "by the"; and
on page 2, by replacing lines 19 through 21 with the following:
"Board of local governments and community organizations. The guidelines
shall be approved by a majority of the members of the Board."; and
on page 2, lines 22 and 24, by replacing "Statewide coordinator" each
time it appears with "Department Statewide coordinator"; and
on page 2, by replacing lines 27 through 33 with the following:
"The Statewide coordinator shall submit proposed programs to the
Board. The Board shall approve program proposals by a majority vote of
the quorum present. In no event shall the Board veto a program by a
vote of fewer than 4 members. A vetoed proposal may be resubmitted to
the Board by the Statewide coordinator after necessary changes in the
proposal have been made.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 4022 was placed on the Calendar on the order of
Concurrenc.
REPORTS FROM STANDING COMMITTEES
221 [April 7, 2000]
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":
Amendments numbered 8 and 9 to SENATE BILL 677.
The committee roll call vote on Amendments numbered 8 and 9 to
SENATE BILL 677 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Feigenholtz, Chair Y Kosel, Spkpn
Y Bellock Y Myers, Richard
Y Coulson Y Pugh (Hannig)
Y Flowers Y Schoenberg, V-Chair
A Howard Y Sharp (Joseph Lyons)
Y Kenner (Hamos) Y Winters
Y Wirsing
Representative Pugh, Chairperson, from the Committee on Revenue to
which the following were referred, action taken earlier today, and
reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 1707.
The committee roll call vote on Amendment No. 3 to SENATE BILL 1707
is as follows:
5, Yeas; 0, Nays; 0, Answering Present.
A Pugh, Chair A Currie
Y Beaubien A Granberg
A Biggins Y Mautino, V-Chair
Y Cross (Hassert) Y Moore, Andrea, Spkpn
Y Turner, Art (Hoffman)
SENATE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Bellock, SENATE BILL 1780 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:
117, 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.
On motion of Representative Meyer, SENATE BILL 1426 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
On motion of Representative Monique Davis, SENATE BILL 730 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:
[April 7, 2000] 222
111, Yeas; 6, Nays; 0, Answering Present.
(ROLL CALL 4)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
On motion of Representative Boland, SENATE BILL 1249 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:
117, 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.
On motion of Representative Burke, SENATE BILL 1404 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:
95, Yeas; 21, Nays; 0, Answering Present.
(ROLL CALL 6)
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.
On motion of Representative Currie, SENATE BILL 747 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; 43, Nays; 8, Answering Present.
(ROLL CALL 7)
This bill, as amended, having received the votes of a
constitutional majority of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their concurrence
in the House amendment/s adopted.
SENATE BILLS ON SECOND READING
Having been read by title a second time on April 6, 2000 and held,
the following bill was taken up and advanced to the order of Third
Reading: SENATE BILL 1281.
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 Hannig, SENATE BILL 1851 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate.
On motion of Representative Feigenholtz, SENATE BILL 1690 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
223 [April 7, 2000]
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 9)
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.
On motion of Representative O'Connor, SENATE BILL 1307 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
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.
On motion of Representative Kenner, SENATE BILL 1871 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 11)
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.
On motion of Representative Rutherford, SENATE BILL 1541 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:
103, Yeas; 6, Nays; 8, Answering Present.
(ROLL CALL 12)
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.
On motion of Representative Art Turner, SENATE BILL 1425 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; 0, Answering Present.
(ROLL CALL 13)
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.
On motion of Representative Beaubien, SENATE BILL 1453 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 14)
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.
On motion of Representative Sommer, SENATE BILL 1451 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
[April 7, 2000] 224
the affirmative by the following vote:
116, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 15)
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 Black, SENATE
BILL 1281 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 bills and any amendments adopted thereto were printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Leitch, SENATE BILL 1660 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:
115, Yeas; 1, Nays; 1, Answering Present.
(ROLL CALL 16)
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.
On motion of Representative Hannig, SENATE BILL 1377 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:
117, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 17)
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 807. 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 amendments were offered in the Committee on Human
Services, adopted and printed.
AMENDMENT NO. 1 TO SENATE BILL 807
AMENDMENT NO. 1. Amend Senate Bill 807 on page 4, line 30, after
"4.1,", by inserting "4.2,"; and
on page 18, immediately below line 11, by inserting the following:
"(20 ILCS 3960/4.2 new)
Sec. 4.2. Ex parte communications. Notwithstanding any law to the
contrary, the provisions of Section 10-60 of the Illinois
Administrative Procedure Act, as modified by this Section, apply to
State Board proceedings. The provisions of Section 10-60 of the
Illinois Administrative Procedure Act do not apply, however, to
communications between State Board employees who are engaged in
investigatory, prosecutorial, or advocacy functions and other parties
to the proceeding, provided that those State Board employees are still
225 [April 7, 2000]
prohibited from communicating on an ex parte basis, as designated in
Section 10-60 of the Illinois Administrative Procedure Act, directly or
indirectly, with members of the State Board, any hearing examiner in
the proceeding, or any State Board employee who is or may reasonably be
expected to be involved in the decisional process of the proceeding.
Any State Board member, hearing examiner, or other State Board
employee who is or may reasonably be expected to be involved in the
decisional process of a proceeding who receives, or who makes or
knowingly causes to be made, a communication prohibited by Section
10-60 of the Illinois Administrative Procedure Act, as modified by this
Section, must place on the public record of the proceeding (i) all such
written communications, (ii) memoranda stating the substance of all
such oral communications, and (iii) all written responses and memoranda
stating the substance of all oral responses to the materials described
in items (i) and (ii).
The State Board, or any State Board member or hearing examiner
presiding over the proceeding, in the event of a violation of this
Section, must take whatever action is necessary to ensure that the
violation does not prejudice any party of adversely affect the fairness
of the proceedings.".
AMENDMENT NO. 2 TO SENATE BILL 807
AMENDMENT NO. 2. Amend Senate Bill 807 on page 18, line 10,
immediately after "Act.", by inserting the following:
"Whenever the State Board, pursuant to the Open Meetings Act, closes
any meeting, or portion of any meeting, it shall arrange for all
discussions, deliberations, and meetings so closed to be transcribed
verbatim by a stenographer, certified court reporter, or similar means.
The State Board must review and approve the transcripts within 30 days
after the date of the closed meeting, and when, in its judgment, the
exception of the Open Meetings Act relied upon for authorizing the
closing of the meeting, as recorded pursuant to Section 2a of the Open
Meetings Act, is no longer applicable, the transcripts must be made
available to the public. Any party to a State Board proceeding must be
given access to the transcript of any closed meeting pertaining to that
proceeding before the expiration of the time within which his or her
application for rehearing must be field, upon the signing of an
appropriate protective agreement.".
Committee Amendment No. 3 lost in the Committee on Human Services.
Committee Amendment No. 4 was withdrawn in the Committee on Human
Services.
Floor Amendment No. 6 remained in the Committee on Rules.
Floor Amendment No. 7 remained in the Committee on Human Services.
Floor Amendment No. 8 remained in the Committee on Rules.
Representative Smith offered the following amendment and moved its
adoption:
AMENDMENT NO. 9 TO SENATE BILL 807
AMENDMENT NO. 9. Amend Senate Bill 807, AS AMENDED, by replacing
the title with the following:
"AN ACT in relation to health facilities."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Open Meetings Act is amended by changing Section
1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum of the
members commissioners of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive, administrative
[April 7, 2000] 226
or advisory bodies of the State, counties, townships, cities, villages,
incorporated towns, school districts and all other municipal
corporations, boards, bureaus, committees or commissions of this State,
and any subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported in whole or
in part by tax revenue, or which expend tax revenue, except the General
Assembly and committees or commissions thereof. "Public body" includes
tourism boards and convention or civic center boards located in
counties that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body" includes the
Health Facilities Planning Board. "Public body" does not include a
child death review team established under the Child Death Review Team
Act or an ethics commission, ethics officer, or ultimate jurisdictional
authority acting under the State Gift Ban Act as provided by Section 80
of that Act.
(Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99; revised
11-8-99.)
Section 10. The State Gift Ban Act is amended by changing Section
5 as follows:
(5 ILCS 425/5)
Sec. 5. Definitions. As used in this Act:
"Commission" means an ethics commission created by this Act.
"Employee" means all full-time, part-time, and contractual
employees, appointed and elected officials, and directors of a
governmental entity.
"Gift" means any gratuity, discount, entertainment, hospitality,
loan, forbearance, or other tangible or intangible item having monetary
value including, but not limited to, cash, food and drink, and
honoraria for speaking engagements related to or attributable to
government employment or the official position of an employee, member,
officer, or judge.
"Governmental entity" means each office, board, commission, agency,
department, authority, institution, university, body politic and
corporate, administrative unit, and corporate outgrowth of the
executive, legislative, and judicial branches of State government,
whether created by the Illinois Constitution, by or in accordance with
statute, or by executive order of the Governor. "Governmental entity"
includes the Health Facilities Planning Board.
"Judge" means judges and associate judges of the Supreme Court,
Appellate Courts, and Circuit Courts.
"Member" means a member of the General Assembly.
"Officer" means a State constitutional officer.
"Political organization" means a party, committee, association,
fund, or other organization (whether or not incorporated) organized and
operated primarily for the purpose of directly or indirectly accepting
contributions or making expenditures, or both, for the function of
influencing or attempting to influence the selection, nomination,
election, or appointment of any individual to any federal, state, or
local public office or office in a political organization, or the
election of Presidential or Vice-Presidential electors, whether or not
the individual or electors are selected, nominated, elected, or
appointed. The term includes the making of expenditures relating to an
office described in the preceding sentence that, if incurred by the
individual, would be allowable as a federal income tax deduction for
trade or business expenses.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member, officer, or
judge or (ii) in the case of an employee, by the employee or by the
member, officer, judge, governmental entity, or other employee
directing the employee;
(2) does business or seeks to do business (i) with the
member, officer, or judge or (ii) in the case of an employee, with
the employee or with the member, officer, judge, governmental
entity, or other employee directing the employee;
(3) conducts activities regulated (i) by the member, officer,
or judge or (ii) in the case of an employee, by the employee or by
227 [April 7, 2000]
the member, officer, judge, governmental entity, or other employee
directing the employee;
(4) has interests that may be substantially affected by the
performance or non-performance of the official duties of the
member, officer, employee, or judge; or
(5) is registered or required to be registered with the
Secretary of State under the Lobbyist Registration Act.
"Ultimate jurisdictional authority" means the following:
(1) For members, partisan staff, and their secretaries, the
appropriate legislative leader: President of the Senate, Minority
Leader of the Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1), the Senate
Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered under
item (1), the Speaker of the House of Representatives.
(4) For State employees who are employees of the legislative
support services agencies, the Joint Committee on Legislative
Support Services.
(5) For judges, the Chief Justice of the Supreme Court.
(6) For State employees of the judicial branch, the
Administrative Office of the Illinois Courts.
(7) For State employees of an executive branch constitutional
officer, the appropriate executive branch constitutional officer.
(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the Governor.
(9) For officers, the General Assembly.
(Source: P.A. 90-737, eff. 1-1-99.)
Section 15. The Illinois Health Facilities Planning Act is amended
by changing Sections 3, 4, and 5 and by adding Sections 4.1, 4.2, 5.2,
5.3, 19.5, and 19.6 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Text of Section before amendment by P.A. 91-656)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center Act;
2. An institution, place, building, or agency required to be
licensed pursuant to the Hospital Licensing Act;
3. Any institution required to be licensed pursuant to the
Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit; and.
6. An institution, place, building, or room used for the
performance of outpatient surgical procedures that is leased,
owned, or operated by or on behalf of an out-of-state facility.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or spiritual
means.
No facility licensed under the Supportive Residences Licensing Act
shall be subject to the provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to the
provisions of this Act.
This Act does not apply to facilities granted waivers under Section
3-102.2 of the Nursing Home Care Act. However, if a demonstration
project under that Act applies for a certificate of need to convert to
a nursing facility, it shall meet the licensure and certificate of need
requirements in effect as of the date of application.
[April 7, 2000] 228
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician or
other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians or
other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility under
contract with such health care facility by a physician or by other
licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of such
contracted portion which is subject to facility licensing requirements,
irrespective of the party responsible for such action or attendant
financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or ever
has been a member of the immediate family of the person defined by (a),
(b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health care
facility, or the purchase or acquisition by or through a health care
facility of equipment or service for diagnostic or therapeutic purposes
or for facility administration or operation, or any capital expenditure
made by or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure made by
or on behalf of a health care facility for the construction or
modification of a facility licensed under the Assisted Living and
Shared Housing Act shall be excluded from any obligations under this
Act.
"Establish" means the construction of a health care facility or the
replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used for
the provision of medical and other health services and which costs in
excess of the capital expenditure minimum, except that such term does
not include medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a hospital and it
has been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section 1861(s) of
such Act. In determining whether medical equipment has a value in
excess of the capital expenditure minimum, the value of studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment shall be
included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in this
Act); and (B) which under generally accepted accounting principles is
not properly chargeable as an expense of operation and maintenance, or
is made to obtain by lease or comparable arrangement any facility or
part thereof or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
229 [April 7, 2000]
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
review.
"Capital expenditure minimum" means $6,000,000, which shall be
annually adjusted to reflect the increase in construction costs due to
inflation, $1,000,000 for major medical equipment and $2,000,000 for
all other capital expenditures; provided, however, that when a capital
expenditure is for the construction or modification of a health and
fitness center, "capital expenditure minimum" means the capital
expenditure minimum for all other capital expenditures in effect on
March 1, 2000, which shall be annually adjusted to reflect the increase
in construction costs due to inflation, both of which shall be annually
adjusted to reflect the increase in construction costs due to
inflation.
"Non-clinical service area" means an area (i) for the benefit of
the patients, visitors, staff, or employees of a health care facility
and (ii) not directly related to the diagnosis, treatment, or
rehabilitation of persons receiving services from the health care
facility. "Non-clinical service areas" include, but are not limited
to, chapels; gift shops; news stands; computer systems; tunnels,
walkways, and elevators; telephone systems; projects to comply with
life safety codes; educational facilities; student housing; patient,
employee, staff, and visitor dining areas; administration and volunteer
offices; modernization of structural components (such as roof
replacement and masonry work); boiler repair or replacement; vehicle
maintenance and storage facilities; parking facilities; mechanical
systems for heating, ventilation, and air conditioning; loading docks;
and repair or replacement of carpeting, tile, wall coverings, window
coverings or treatments, or furniture. Solely for the purpose of this
definition, "non-clinical service area" does not include health and
fitness centers.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used synonymously
with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used synonymously
with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any successor
agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance with
the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of the
State of Illinois.
"Director" means the Director of the Illinois Department of Public
Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
[April 7, 2000] 230
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i) licensed as
a hospital or as an ambulatory surgery center under the laws of another
State or that qualifies as a hospital or an ambulatory surgery center
under regulations adopted pursuant to the Social Security Act and (ii)
not licensed under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state facilities.
Affiliates of Illinois licensed health care facilities 100% owned by an
Illinois licensed health care facility, its parent, or Illinois
physicians licensed to practice medicine in all its branches shall not
be considered out-of-state facilities. Nothing in this definition
shall be construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in Illinois
that is not required to be licensed under the Ambulatory Surgical
Treatment Center Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff.
7-1-97.)
(Text of Section after amendment by P.A. 91-656)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center Act;
2. An institution, place, building, or agency required to be
licensed pursuant to the Hospital Licensing Act;
3. Skilled and intermediate long term care facilities
licensed under the Nursing Home Care Act;
3. Skilled and intermediate long term care facilities
licensed under the Nursing Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit; and.
6. An institution, place, building, or room used for the
performance of outpatient surgical procedures that is leased,
owned, or operated by or on behalf of an out-of-state facility.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or spiritual
means.
No facility licensed under the Supportive Residences Licensing Act
or the Assisted Living and Shared Housing Act shall be subject to the
provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under Section
5-5.01a of the Illinois Public Aid Code shall not be subject to the
provisions of this Act.
This Act does not apply to facilities granted waivers under Section
3-102.2 of the Nursing Home Care Act. However, if a demonstration
project under that Act applies for a certificate of need to convert to
a nursing facility, it shall meet the licensure and certificate of need
requirements in effect as of the date of application.
This Act shall not apply to the closure of an entity or a portion
of an entity licensed under the Nursing Home Care Act that elects to
convert, in whole or in part, to an assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing
Establishment Act.
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician or
231 [April 7, 2000]
other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians or
other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility under
contract with such health care facility by a physician or by other
licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of such
contracted portion which is subject to facility licensing requirements,
irrespective of the party responsible for such action or attendant
financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or ever
has been a member of the immediate family of the person defined by (a),
(b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
extension, discontinuation, change of ownership, of or by a health care
facility, or the purchase or acquisition by or through a health care
facility of equipment or service for diagnostic or therapeutic purposes
or for facility administration or operation, or any capital expenditure
made by or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure made by
or on behalf of a health care facility for the construction or
modification of a facility licensed under the Assisted Living and
Shared Housing Act shall be excluded from any obligations under this
Act.
"Establish" means the construction of a health care facility or the
replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used for
the provision of medical and other health services and which costs in
excess of the capital expenditure minimum, except that such term does
not include medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services if the clinical
laboratory is independent of a physician's office and a hospital and it
has been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section 1861(s) of
such Act. In determining whether medical equipment has a value in
excess of the capital expenditure minimum, the value of studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition of such equipment shall be
included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in this
Act); and (B) which under generally accepted accounting principles is
not properly chargeable as an expense of operation and maintenance, or
is made to obtain by lease or comparable arrangement any facility or
part thereof or any equipment for a facility or part; and which exceeds
the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
[April 7, 2000] 232
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
review.
"Capital expenditure minimum" means $6,000,000, which shall be
annually adjusted to reflect the increase in construction costs due to
inflation, $1,000,000 for major medical equipment and $2,000,000 for
all other capital expenditures; provided, however, that when a capital
expenditure is for the construction or modification of a health and
fitness center, "capital expenditure minimum" means the capital
expenditure minimum for all other capital expenditures in effect on
March 1, 2000, which shall be annually adjusted to reflect the increase
in construction costs due to inflation, both of which shall be annually
adjusted to reflect the increase in construction costs due to
inflation.
"Non-clinical service area" means an area (i) for the benefit of
the patients, visitors, staff, or employees of a health care facility
and (ii) not directly related to the diagnosis, treatment, or
rehabilitation of persons receiving services from the health care
facility. "Non-clinical service areas" include, but are not limited to,
chapels; gift shops; news stands; computer systems; tunnels, walkways,
and elevators; telephone systems; projects to comply with life safety
codes; educational facilities; student housing; patient, employee,
staff, and visitor dining areas; administration and volunteer offices;
modernization of structural components (such as roof replacement and
masonry work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for heating,
ventilation, and air conditioning; loading docks; and repair or
replacement of carpeting, tile, wall coverings, window coverings or
treatments, or furniture. Solely for the purpose of this definition,
"non-clinical service area" does not include health and fitness
centers.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used synonymously
with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used synonymously
with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any successor
agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance with
the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of the
State of Illinois.
"Director" means the Director of the Illinois Department of Public
Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
233 [April 7, 2000]
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i) licensed as
a hospital or as an ambulatory surgery center under the laws of another
State or that qualifies as a hospital or an ambulatory surgery center
under regulations adopted pursuant to the Social Security Act and (ii)
not licensed under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state facilities.
Affiliates of Illinois licensed health care facilities 100% owned by an
Illinois licensed health care facility, its parent, or Illinois
physicians licensed to practice medicine in all its branches shall not
be considered out-of-state facilities. Nothing in this definition
shall be construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in Illinois
that is not required to be licensed under the Ambulatory Surgical
Treatment Center Act.
(Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01.)
(20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
Sec. 4. There is created the Health Facilities Planning Board,
which shall perform such functions as hereinafter described in this
Act.
The State Board shall consist of 15 voting members, including: 8
consumer members; one member representing the commercial health
insurance industry in Illinois; one member representing proprietary
hospitals in Illinois; one member who is actively engaged in the field
of hospital management; one member who is a professional nurse
registered in Illinois; one member who is a physician in active private
practice licensed in Illinois to practice medicine in all of its
branches; one member who is actively engaged in the field of skilled
nursing or intermediate care facility management; and one member who is
actively engaged in the administration of an ambulatory surgical
treatment center licensed under the Ambulatory Surgical Treatment
Center Act.
The State Board shall be appointed by the Governor, with the advice
and consent of the Senate. In making the appointments, the Governor
shall give consideration to recommendations made by (1) the
professional organizations concerned with hospital management for the
hospital management appointment, (2) professional organizations
concerned with long term care facility management for the long term
care facility management appointment, (3) professional medical
organizations for the physician appointment, (4) professional nursing
organizations for the nurse appointment, and (5) professional
organizations concerned with ambulatory surgical treatment centers for
the ambulatory surgical treatment center appointment, and shall appoint
as consumer members individuals familiar with community health needs
but whose interest in the operation, construction or utilization of
health care facilities are derived from factors other than those
related to his profession, business, or economic gain, and who
represent, so far as possible, different geographic areas of the State.
Not more than 8 of the appointments shall be of the same political
party.
The Secretary of Human Services, the Director of Public Aid, and
the Director of Public Health, or their designated representatives,
shall serve as ex-officio, non-voting members of the State Board.
Of those appointed by the Governor as voting members, each member
shall hold office for a term of 3 years: provided, that any member
appointed to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed for the
remainder of such term and the term of office of each successor shall
commence on July 1 of the year in which his predecessor's term expires.
In making original appointments to the State Board, the Governor shall
appoint 5 members for a term of one year, 5 for a term of 2 years, and
3 for a term of 3 years, and each of these terms of office shall
commence on July 1, 1974. The initial term of office for the members
[April 7, 2000] 234
appointed under this amendatory Act of 1996 shall begin on July 1, 1996
and shall last for 2 years, and each subsequent appointment shall be
for a term of 3 years. Each member shall hold office until his
successor is appointed and qualified.
State Board members, while serving on business of the State Board,
shall receive actual and necessary travel and subsistence expenses
while so serving away from their places of residence. In addition,
while serving on business of the State Board, each member shall receive
compensation of $150 per day, except that such compensation shall not
exceed $7,500 in any one year for any member.
The State Board shall provide for its own organization and
procedures, including the selection of a Chairman and such other
officers as deemed necessary. The Director, with concurrence of the
State Board, shall name as full-time Executive Secretary of the State
Board, a person qualified in health care facility planning and in
administration. The Agency shall provide administrative and staff
support for the State Board. The State Board shall advise the Director
of its budgetary and staff needs and consult with the Director on
annual budget preparation.
The State Board shall meet at least once each quarter, or as often
as the Chairman of the State Board deems necessary, or upon the request
of a majority of the members.
Eight members of the State Board shall constitute a quorum. The
affirmative vote of 8 of the members of the State Board shall be
necessary for any action requiring a vote to be taken by the State
Board. A vacancy in the membership of the State Board shall not impair
the right of a quorum to exercise all the rights and perform all the
duties of the State Board as provided by this Act.
(Source: P.A. 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
(20 ILCS 3960/4.1 new)
Sec. 4.1. Ethics laws.
(a) All State Board meetings are subject to the Open Meetings Act.
(b) The State Board is subject to the State Gift Ban Act.
(20 ILCS 3960/4.2 new)
Sec. 4.2. Ex parte communications.
(a) Except in the disposition of matters that agencies are
authorized by law to entertain or dispose of on an ex parte basis
including, but not limited to rule making, the State Board, any State
Board member, employee, or a hearing officer shall not engage in ex
parte communication, after an application for a permit is received, in
connection with the substance of any application for a permit with any
person or party or the representative of any party.
(b) A State Board member or employee may communicate with other
members or employees and any State Board member or hearing officer may
have the aid and advice of one or more personal assistants.
(c) An ex parte communication received by the State Board, any
State Board member, employee, or a hearing officer shall be made a part
of the record of the pending matter, including all written
communications, all written responses to the communications, and a
memorandum stating the substance of all oral communications and all
responses made and the identity of each person from whom the ex parte
communication was received.
(d) "Ex parte communication" means a communication between a
person who is not a State Board member or employee and State Board
member or employee that reflects on the substance of a pending State
Board proceeding and that takes place outside the record of the
proceeding. Communications regarding matters of procedure and
practice, such as the format of pleading, number of copies required,
manner of service, and status of proceedings, are not considered ex
parte communications. Technical assistance with respect to an
application, not intended to influence any decision on the application,
may be provided by employees to the applicant. Any assistance shall
be documented in writing by the applicant and employees within 10
business days after the assistance is provided.
(e) For purposes of this Section, "employee" means a person the
State Board or the Agency employs on a full-time, part-time, contract,
235 [April 7, 2000]
or intern basis.
(f) The State Board, State Board member, or hearing examiner
presiding over the proceeding, in the event of a violation of this
Section, must take whatever action is necessary to ensure that the
violation does not prejudice any party or adversely affect the fairness
of the proceedings.
(g) Nothing in this Section shall be construed to prevent the
State Board or any member of the State Board from consulting with the
attorney for the State Board.
(20 ILCS 3960/5) (from Ch. 111 1/2, par. 1155)
Sec. 5. After effective dates set by the State Board, no person
shall construct, modify or establish a health care facility or acquire
major medical equipment without first obtaining a permit or exemption
from the State Board. The State Board shall not delegate to the
Executive Secretary of the State Board or any other person or entity
the authority to grant permits or exemptions whenever the Executive
Secretary or other person or entity would be required to exercise any
discretion affecting the decision to grant a permit or exemption. The
State Board shall set effective dates applicable to all or to each
classification or category of health care facilities and applicable to
all or each type of transaction for which a permit is required. Varying
effective dates may be set, providing the date or dates so set shall
apply uniformly statewide.
Notwithstanding any effective dates established by this Act or by
the State Board, no person shall be required to obtain a permit for any
purpose under this Act until the State health facilities plan referred
to in paragraph (4) of Section 12 of this Act has been approved and
adopted by the State Board subsequent to public hearings having been
held thereon.
A permit or exemption shall be obtained prior to the acquisition of
major medical equipment or to the construction or modification of a
health care facility which:
(a) requires a total capital expenditure in excess of the
capital expenditure minimum; or
(b) substantially changes the scope or changes the functional
operation of the facility; or
(c) changes the bed capacity of a health care facility by
increasing the total number of beds or by distributing beds among
various categories of service or by relocating beds from one
physical facility or site to another by more than 10 beds or more
than 10% of total bed capacity as defined by the State Board,
whichever is less, over a 2 year period.
A permit shall be valid only for the defined construction or
modifications, site, amount and person named in the application for
such permit and shall not be transferable or assignable. A permit shall
be valid until such time as the project has been completed, provided
that (a) obligation of the project occurs within 12 months following
issuance of the permit except for major construction projects such
obligation must occur within 18 months following issuance of the
permit; and (b) the project commences and proceeds to completion with
due diligence. Major construction projects, for the purposes of this
Act, shall include but are not limited to: projects for the
construction of new buildings; additions to existing facilities;
modernization projects whose cost is in excess of $1,000,000 or 10% of
the facilities' operating revenue, whichever is less; and such other
projects as the State Board shall define and prescribe pursuant to this
Act. The State Board may extend the obligation period upon a showing of
good cause by the permit holder. Permits for projects that have not
been obligated within the prescribed obligation period shall expire on
the last day of that period.
Persons who otherwise would be required to obtain a permit shall be
exempt from such requirement if the State Board finds that with respect
to establishing a new facility or construction of new buildings or
additions or modifications to an existing facility, final plans and
specifications for such work have prior to October 1, 1974, been
submitted to and approved by the Department of Public Health in
[April 7, 2000] 236
accordance with the requirements of applicable laws. Such exemptions
shall be null and void after December 31, 1979 unless binding
construction contracts were signed prior to December 1, 1979 and unless
construction has commenced prior to December 31, 1979. Such exemptions
shall be valid until such time as the project has been completed
provided that the project proceeds to completion with due diligence.
The acquisition by any person of major medical equipment that will
not be owned by or located in a health care facility and that will not
be used to provide services to inpatients of a health care facility
shall be exempt from review provided that a notice is filed in
accordance with exemption requirements.
Notwithstanding any other provision of this Act, no permit or
exemption is required for the construction or modification of a
non-clinical service area of a health care facility.
(Source: P.A. 88-18.)
(20 ILCS 3960/5.2 new)
Sec. 5.2. After the effective date of this amendatory Act of the
91st General Assembly, no person shall establish, construct, or modify
an institution, place, building, or room used for the performance of
outpatient surgical procedures that is leased, owned, or operated by or
on behalf of an out-of-state facility without first obtaining a permit
from the State Board.
(20 ILCS 3960/5.3 new)
Sec. 5.3. In addition to the State Board's authority to require
reports, the State Board shall require each health care facility to
submit an annual report of all capital expenditures in excess of
$200,000 (which shall be annually adjusted to reflect the increase in
construction costs due to inflation) made by the health care facility
during the most recent year. This annual report shall consist of a
brief description of the capital expenditure, the amount and method of
financing the capital expenditure, the certificate of need project
number if the project was reviewed, and the total amount of capital
expenditures obligated for the year.
(20 ILCS 3960/19.5 new)
Sec. 19.5. Audit. Upon the effective date of this amendatory Act
of the 91st General Assembly, the Auditor General must commence an
audit of the State Board to determine:
(1) whether the State Board can demonstrate that the
certificate of need process is successful in controlling health
care costs, allowing public access to necessary health services,
and guaranteeing the availability of quality health care to the
general public;
(2) whether the State Board is following its adopted rules and
procedures;
(3) whether the State Board is consistent in awarding and
denying certificates of need; and
(4) whether the State Board's annual reports reflect a cost
savings to the State.
The Auditor General must report on the results of the audit to the
General Assembly.
This Section is repealed when the Auditor General files his or her
report with the General Assembly.
(20 ILCS 3960/19.6 new)
Sec. 19.6. Repeal. This Act is repealed on July 1, 2003.
Section 20. The Illinois State Auditing Act is amended by changing
Section 3-1 as follows:
(30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
Sec. 3-1. Jurisdiction of Auditor General. The Auditor General has
jurisdiction over all State agencies to make post audits and
investigations authorized by or under this Act or the Constitution.
The Auditor General has jurisdiction over local government agencies
and private agencies only:
(a) to make such post audits authorized by or under this Act
as are necessary and incidental to a post audit of a State agency
or of a program administered by a State agency involving public
funds of the State, but this jurisdiction does not include any
237 [April 7, 2000]
authority to review local governmental agencies in the obligation,
receipt, expenditure or use of public funds of the State that are
granted without limitation or condition imposed by law, other than
the general limitation that such funds be used for public purposes;
(b) to make investigations authorized by or under this Act or
the Constitution; and
(c) to make audits of the records of local government
agencies to verify actual costs of state-mandated programs when
directed to do so by the Legislative Audit Commission at the
request of the State Board of Appeals under the State Mandates Act.
In addition to the foregoing, the Auditor General may conduct an
audit of the Metropolitan Pier and Exposition Authority, the Regional
Transportation Authority, the Suburban Bus Division, the Commuter Rail
Division and the Chicago Transit Authority and any other subsidized
carrier when authorized by the Legislative Audit Commission. Such
audit may be a financial, management or program audit, or any
combination thereof.
The audit shall determine whether they are operating in accordance
with all applicable laws and regulations. Subject to the limitations of
this Act, the Legislative Audit Commission may by resolution specify
additional determinations to be included in the scope of the audit.
The Auditor General may also conduct an audit, when authorized by
the Legislative Audit Commission, of any hospital which receives 10% or
more of its gross revenues from payments from the State of Illinois,
Department of Public Aid, Medical Assistance Program.
The Auditor General is authorized to conduct financial and
compliance audits of the Illinois Distance Learning Foundation and the
Illinois Conservation Foundation.
As soon as practical after the effective date of this amendatory
Act of 1995, the Auditor General shall conduct a compliance and
management audit of the City of Chicago and any other entity with
regard to the operation of Chicago O'Hare International Airport,
Chicago Midway Airport and Merrill C. Meigs Field. The audit shall
include, but not be limited to, an examination of revenues, expenses,
and transfers of funds; purchasing and contracting policies and
practices; staffing levels; and hiring practices and procedures. When
completed, the audit required by this paragraph shall be distributed in
accordance with Section 3-14.
The Auditor General shall conduct a financial and compliance and
program audit of distributions from the Municipal Economic Development
Fund during the immediately preceding calendar year pursuant to Section
8-403.1 of the Public Utilities Act at no cost to the city, village, or
incorporated town that received the distributions.
The Auditor General must conduct an audit of the Health Facilities
Planning Board pursuant to Section 19.5 of the Illinois Health
Facilities Planning Act.
(Source: P.A. 89-386, eff. 8-18-95; 90-813, eff. 1-29-99.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text that is
not yet or no longer in effect (for example, a Section represented by
multiple versions), the use of that text does not accelerate or delay
the taking effect of (i) the changes made by this Act or (ii)
provisions derived from any other Public Act.
Section 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, 2 and 9 were adopted and the bill, as amended, was advanced
to the order of Third Reading.
SENATE BILL 1881. 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.
[April 7, 2000] 238
Representative Kosel offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO SENATE BILL 1881
AMENDMENT NO. 1. Amend Senate Bill 1881 on page 1, by replacing
lines 1 and 2 with the following:
"AN ACT concerning sanitary districts."; and
on page 1, immediately below line 4, by inserting the following:
"Section 3. The Metropolitan Water Reclamation District Act is
amended by changing Section 7a as follows:
(70 ILCS 2605/7a) (from Ch. 42, par. 326a)
Sec. 7a. Discharge into sewers of a sanitary district.
(a) The terms used in this Section are defined as follows:
"Board of Commissioners" means the Board of Commissioners of the
sanitary district.
"Sewage" means water-carried human wastes or a combination of
water-carried wastes from residences, buildings, businesses, industrial
establishments, institutions, or other places together with any ground,
surface, storm, or other water that may be present.
"Industrial Wastes" means all solids, liquids, or gaseous wastes
resulting from any commercial, industrial, manufacturing, agricultural,
trade, or business operation or process, or from the development,
recovery, or processing of natural resources.
"Other Wastes" means decayed wood, sawdust, shavings, bark, lime,
refuse, ashes, garbage, offal, oil, tar, chemicals, and all other
substances except sewage and industrial wastes.
"Person" means any individual, firm, association, joint venture,
sole proprietorship, company, partnership, estate copartnership,
corporation, joint stock company, trust, school district, unit of local
government, or private corporation organized or existing under the laws
of this or any other state or country.
"General Superintendent" means the general superintendent of the
sanitary district.
(b) It shall be unlawful for any person to discharge sewage,
industrial waste, or other wastes into the sewerage system of a
sanitary district or into any sewer connected therewith, except upon
the terms and conditions that the sanitary district might reasonably
impose by way of ordinance, permit, or otherwise.
Any sanitary district, in addition to all other powers vested in it
and in the interest of public health and safety, or as authorized by
subsections (b) and (c) of Section 46 of the Environmental Protection
Act, is hereby empowered to pass all ordinances, rules, or regulations
necessary to implement this Section, including but not limited to, the
imposition of charges based on factors that influence the cost of
treatment, including strength and volume, and including the right of
access during reasonable hours to the premises of a person for
enforcement of adopted ordinances, rules, or regulations.
(c) Whenever the sanitary district acting through the general
superintendent determines that sewage, industrial wastes, or other
wastes are being discharged into the sewerage system and when, in the
opinion of the general superintendent the discharge is in violation of
an ordinance, rules, or regulations adopted by the Board of
Commissioners under this Section governing industrial wastes or other
wastes, the general superintendent shall order the offending party to
cease and desist. The order shall be served by certified mail or
personally on the owner, officer, registered agent, or individual
designated by permit.
In the event the offending party fails or refuses to discontinue
the discharge within 90 days after notification of the cease and
desist order, the general superintendent may order the offending party
to show cause before the Board of Commissioners of the sanitary
district why the discharge should not be discontinued. A notice shall
be served on the offending party directing him, her, or it to show
cause before the Board of Commissioners why an order should not be
239 [April 7, 2000]
entered directing the discontinuance of the discharge. The notice
shall specify the time and place where a hearing will be held and shall
be served personally or by registered or certified mail at least 10
days before the hearing; and in the case of a unit of local government
or a corporation the service shall be upon an officer or agent thereof.
After reviewing the evidence, the Board of Commissioners may issue an
order to the party responsible for the discharge, directing that within
a specified period of time the discharge be discontinued. The Board of
Commissioners may also order the party responsible for the discharge to
pay a civil penalty in an amount specified by the Board of
Commissioners that is not less than $100 nor more than $2,000 per day
for each day of discharge of effluent in violation of this Act as
provided in subsection (d). The Board of Commissioners may also order
the party responsible for the violation to pay court reporter costs and
hearing officer fees in a total amount not exceeding $3,000.
(d) The Board of Commissioners shall establish procedures for
assessing civil penalties and issuing orders under subsection (c) as
follows:
(1) In making its orders and determinations, the Board of
Commissioners shall take into consideration all the facts and
circumstances bearing on the activities involved and the assessment
of civil penalties as shown by the record produced at the hearing.
(2) The Board of Commissioners shall establish a panel of
independent hearing officers to conduct all hearings on the
assessment of civil penalties and issuance of orders under
subsection (c). The hearing officers shall be attorneys licensed
to practice law in this State.
(3) The Board of Commissioners shall promulgate procedural
rules governing the proceedings, the assessment of civil penalties,
and the issuance of orders.
(4) All hearings shall be on the record, and testimony taken
must be under oath and recorded stenographically. Transcripts so
recorded must be made available to any member of the public or any
party to the hearing upon payment of the usual charges for
transcripts. At the hearing, the hearing officer may issue, in the
name of the Board of Commissioners, notices of hearing requesting
the attendance and testimony of witnesses and the production of
evidence relevant to any matter involved in the hearing and may
examine witnesses.
(5) The hearing officer shall conduct a full and impartial
hearing on the record, with an opportunity for the presentation of
evidence and cross-examination of the witnesses. The hearing
officer shall issue findings of fact, conclusions of law, a
recommended civil penalty, and an order based solely on the record.
The hearing officer may also recommend, as part of the order, that
the discharge of industrial waste be discontinued within a
specified time.
(6) The findings of fact, conclusions of law, recommended
civil penalty, and order shall be transmitted to the Board of
Commissioners along with a complete record of the hearing.
(7) The Board of Commissioners shall either approve or
disapprove the findings of fact, conclusions of law, recommended
civil penalty, and order. If the findings of fact, conclusions of
law, recommended civil penalty, or order are rejected, the Board of
Commissioners shall remand the matter to the hearing officer for
further proceedings. If the order is accepted by the Board of
Commissioners, it shall constitute the final order of the Board of
Commissioners.
(8) (Blank). The Administrative Review Law, and the rules
adopted under that Law, shall govern all proceedings for the
judicial review of final orders of the Board of Commissioners
issued under this subsection.
(9) The civil penalty specified by the Board of Commissioners
shall be paid within 35 days after the party on whom it is imposed
receives a written copy of the order of the Board of Commissioners,
unless the person or persons to whom the order is issued seeks
[April 7, 2000] 240
judicial review under paragraph (8).
(10) If the respondent seeks judicial review of the order
assessing civil penalties, the respondent shall, within 35 days
after the date of the final order, pay the amount of the civil
penalties into an escrow account maintained by the district for
that purpose or file a bond guaranteeing payment of the civil
penalties if the civil penalties are upheld on review.
(11) Civil penalties not paid by the times specified above
shall be delinquent and subject to a lien recorded against the
property of the person ordered to pay the penalty. The foregoing
provisions for asserting liens against real estate by the sanitary
district shall be in addition to and not in derogation of any other
remedy or right of recovery, in law or equity, that the sanitary
district may have with respect to the collection or recovery of
penalties and charges imposed by the sanitary district. Judgment
in a civil action brought by the sanitary district to recover or
collect the charges shall not operate as a release and waiver of
the lien upon the real estate for the amount of the judgment. Only
satisfaction of the judgment or the filing of a release or
satisfaction of lien shall release the lien.
(e) The general superintendent may order a person to cease the
discharge of industrial waste upon a finding by the general
superintendent that the final order of the Board of Commissioners
entered after a hearing to show cause has been violated. The general
superintendent shall serve the person with a copy of his or her order
either by certified mail or personally by serving the owner, officer,
registered agent, or individual designated by permit. The order of the
general superintendent shall also schedule an expedited hearing before
a hearing officer designated by the Board of Commissioners for the
purpose of determining whether the company has violated the final order
of the Board of Commissioners. The Board of Commissioners shall adopt
rules of procedure governing expedited hearings. In no event shall the
hearing be conducted less than 7 days after receipt by the person of
the general superintendent's order.
At the conclusion of the expedited hearing, the hearing officer
shall prepare a report with his or her findings and recommendations and
transmit it to the Board of Commissioners. If the Board of
Commissioners, after reviewing the findings and recommendations, and
the record produced at the hearings, determines that the person has
violated the Board of Commissioner's final order, the Board of
Commissioners may authorize the plugging of the sewer. The general
superintendent shall give not less than 10 days written notice of the
Board of Commissioner's order to the owner, officer, registered agent,
or individual designated by permit, as well as the owner of record of
the real estate and other parties known to be affected, that the sewer
will be plugged. The Administrative Review Law, and the rules adopted
under that Law, shall govern all proceedings for the judicial review of
final orders of the Board of Commissioners issued under this
subsection.
The foregoing provision for plugging a sewer shall be in addition
to and not in derogation of any other remedy, in law or in equity, that
the district may have to prevent violation of its ordinances and orders
of its Board of Commissioners.
(f) A violation of the final order of the Board of Commissioners
shall be considered a nuisance. If any person discharges sewage,
industrial wastes, or other wastes into any waters contrary to the
final order of the Board of Commissioners, the sanitary district acting
through the general superintendent has the power to commence an action
or proceeding in the circuit court in and for the county in which the
sanitary district is located for the purpose of having the discharge
stopped either by mandamus or injunction, or to remedy the violation in
any manner provided for in this Section.
The court shall specify a time, not exceeding 20 days after the
service of the copy of the complaint, in which the party complained of
must plead to the complaint, and in the meantime, the party may be
restrained. In case of default or after pleading, the court shall
241 [April 7, 2000]
immediately inquire into the facts and circumstances of the case and
enter an appropriate judgment in respect to the matters complained of.
Appeals may be taken as in other civil cases.
(g) The sanitary district, acting through the general
superintendent, has the power to commence an action or proceeding for
mandamus or injunction in the circuit court ordering a person to cease
its discharge, when, in the opinion of the general superintendent, the
person's discharge presents an imminent danger to the public health,
welfare, or safety, presents or may present an endangerment to the
environment, or threatens to interfere with the operation of the
sewerage system or a water reclamation plant under the jurisdiction of
the sanitary district. The initiation of a show cause hearing is not a
prerequisite to the commencement by the sanitary district of an action
or proceeding for mandamus or injunction in the circuit court. The
court shall specify a time, not exceeding 20 days after the service of
a copy of the petition, in which the party complained of must answer
the petition, and in the meantime, the party may be restrained. In
case of default in answer or after answer, the court shall immediately
inquire into the facts and circumstances of the case and enter an
appropriate judgment order in respect to the matters complained of. An
appeal may be taken from the final judgment in the same manner and with
the same effect as appeals are taken from judgment of the circuit court
in other actions for mandamus or injunction.
(h) Whenever the sanitary district commences an action under
subsection (f) of this Section, the court shall assess a civil penalty
of not less than $1,000 nor more than $10,000 for each day the person
violates a Board order. Whenever the sanitary district commences an
action under subsection (g) of this Section, the court shall assess a
civil penalty of not less than $1,000 nor more than $10,000 for each
day the person violates the ordinance. Each day's continuance of the
violation is a separate offense. The penalties provided in this
Section plus interest at the rate set forth in the Interest Act on
unpaid penalties, costs, and fees, imposed by the Board of
Commissioners under subsection (d), the reasonable costs to the
sanitary district of removal or other remedial action caused by
discharges in violation of this Act, reasonable attorney's fees, court
costs, and other expenses of litigation together with costs for
inspection, sampling, analysis, and administration related to the
enforcement action against the offending party are recoverable by the
sanitary district in a civil action.
(i) The Board of Commissioners may establish fees for late filing
of reports with the sanitary district required by an ordinance
governing discharges. The sanitary district shall provide by certified
mail a written notice of the fee assessment that states the person has
30 days after the receipt of the notice to request a conference with
the general superintendent's designee to discuss or dispute the
appropriateness of the assessed fee. Unless a person objects to paying
the fee for filing a report late by timely requesting in writing a
conference with a designee of the general superintendent, that person
waives his or her right to a conference and the sanitary district may
impose a lien recorded against the property of the person for the
amount of the unpaid fee.
If a person requests a conference and the matter is not resolved at
the conference, the person subject to the fee may request an
administrative hearing before an impartial hearing officer appointed
under subsection (d) to determine the person's liability for and the
amount of the fee.
If the hearing officer finds that the late filing fees are owed to
the sanitary district, the sanitary district shall notify the
responsible person or persons of the hearing officer's decision. If
payment is not made within 30 days after the notice, the sanitary
district may impose a lien on the property of the person or persons.
Any liens filed under this subsection shall apply only to the
property to which the late filing fees are related. A claim for lien
shall be filed in the office of the recorder of the county in which the
property is located. The filing of a claim for lien by the district
[April 7, 2000] 242
does not prevent the sanitary district from pursuing other means for
collecting late filing fees. If a claim for lien is filed, the
sanitary district shall notify the person whose property is subject to
the lien, and the person may challenge the lien by filing an action in
the circuit court. The action shall be filed within 90 days after the
person receives the notice of the filing of the claim for lien. The
court shall hear evidence concerning the underlying reasons for the
lien only if an administrative hearing has not been held under this
subsection.
(j) If the provisions of any paragraph of this Section are
declared unconstitutional or invalid by the final decision of any court
of competent jurisdiction, the provisions of the remaining paragraphs
continue in effect.
(k) Nothing in this Section eliminates any of the powers now
granted to municipalities having a population of 500,000 or more as to
design, preparation of plans, and construction, maintenance, and
operation of sewers and sewerage systems, or for the control and
elimination or prevention of the pollution of their waters or
waterways, in the Illinois Municipal Code or any other Act of the State
of Illinois.
(l) The provisions of the Administrative Review Law and all
amendments and rules adopted pursuant to that Law apply to and govern
all proceedings for the judicial review of final administrative
decisions of the Board of Commissioners in the enforcement of any
ordinance, rule, or regulation adopted under this Act.
(Source: P.A. 90-354, eff. 8-8-97.)".
AMENDMENT NO. 2 TO SENATE BILL 1881
AMENDMENT NO. 2. Amend Senate Bill 1881, AS AMENDED, in the
introductory clause of Section 3, after "Section 7a", by inserting "and
adding Section 277"; and
in Section 3, after the end of Sec. 7a, by inserting the following:
"(70 ILCS 2605/277 new)
Sec. 277. District enlarged. Upon the effective date of this
amendatory Act of the 91st General Assembly, the corporate limits of
the Metropolitan Water Reclamation District are extended to include
within those limits the following described tracts of land that are
annexed to the District:
(a) SUBJECT PARCEL:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS:
ORIGINAL PARCEL 1:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING EASTERLY OF THE EASTERLY RIGHT OF WAY LINE OF RELOCATED
BARRINGTON ROAD, AS DEDICATED BY DOCUMENT NUMBER 11234368, AND
LYING SOUTH OF LOT 1 IN ROSE PACKING COMPANY SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SAID SECTION 35,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1987, AS DOCUMENT
87172901;
-LESS AND EXCEPTING THEREFROM-
ANY PART THEREOF PREVIOUSLY CONVEYED IN FEE TO THE ILLINOIS STATE
TOLL HIGHWAY COMMISSION BY WARRANTY DEED RECORDED AS DOCUMENT
16947360;
-LESS AND EXCEPTING THEREFROM-
THE FOLLOWING PART THEREOF TAKEN IN CASE NO 88L51441, CIRCUIT COURT
OF COOK COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE ON AN
ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST,
ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET TO THE POINT
OF BEGINNING, BEING ALSO A POINT IN THE NORTHERLY LINE OF A
PERPETUAL EASEMENT GRANTED TO THE ILLINOIS STATE TOLL HIGHWAY
COMMISSION PER CONVEYANCE RECORDED FEBRUARY 21, 1957, AS DOCUMENT
16831935; THENCE CONTINUING NORTH 00 DEGREES 14 MINUTES 15 SECONDS
243 [April 7, 2000]
EAST, ALONG SAID EAST LINE, 371.20 FEET TO THE SOUTHEAST CORNER OF
THE AFORESAID LOT 1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE
NORTH 88 DEGREES 30 MINUTES 52 SECONDS WEST, ALONG THE SOUTH LINE
OF SAID LOT 1, A DISTANCE OF 71.02 FEET; THENCE SOUTH 00 DEGREES 14
MINUTES 15 SECONDS WEST, 333.80 FEET TO A POINT IN THE NORTHERLY
LINE OF A PERPETUAL EASEMENT GRANTED TO ILLINOIS STATE TOLL HIGHWAY
COMMISSION PER CONVEYANCE RECORDED JULY 2, 1957, AS DOCUMENT
16947360; THENCE SOUTH 57 DEGREES 45 MINUTES 35 SECONDS EAST, ALONG
SAID NORTHERLY LINE, 63.91 FEET TO AN INTERSECTION WITH THE
AFOREMENTIONED PERPETUAL EASEMENT LINE, EXTENDED WESTERLY; THENCE
SOUTH 72 DEGREES 56 MINUTES 57 SECONDS EAST, ALONG SAID EXTENDED
LINE, 17.55 FEET TO THE POINT OF BEGINNING;
-TOGETHER WITH-
ORIGINAL PARCEL 2:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, AND, DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 35,
THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14 MINUTES 15
SECOND EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4, 288.04 FEET
TO A POINT IN THE NORTHERLY LINE OF A PERPETUAL EASEMENT GRANTED TO
THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED
FEBRUARY 21, 1957 AS DOCUMENT NO. 16831935; THENCE NORTH 72 DEGREES
56 MINUTES 57 SECONDS WEST ALONG SAID NORTHERLY LINE (EXTENDED
WESTERLY) 17.55 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
A PERPETUAL EASEMENT (SINCE RELEASED PER QUITCLAIM DEED RECORDED
APRIL 16, 1996 AS DOCUMENT # 96283771) GRANTED TO THE ILLINOIS
STATE TOLL HIGHWAY COMMISSION PER CONVEYANCE RECORDED JULY 2, 1957
AS DOCUMENT NO. 16947360; THENCE NORTH 57 DEGREES 45 MINUTES 35
SECONDS WEST ALONG SAID NORTHERLY LINE, 63.91 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 57 DEGREES 45 MINUTES 35 SECONDS
WEST ALONG SAID NORTHERLY LINE 387.69 FEET; THENCE CONTINUING NORTH
78 DEGREES 15 MINUTES 45 SECONDS WEST ALONG SAID NORTHERLY LINE
430.00 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED
JULY 2, 1957 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28
FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS SOUTH
75 DEGREES 29 MINUTES 00 SECONDS EAST FROM SAID POINT; THENCE
SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE, 100.20 FEET
THROUGH A CENTRAL ANGLE OF 03 DEGREES 40 MINUTES 29 SECONDS TO THE
SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS
DOCUMENT #16947360; THENCE SOUTH 78 DEGREES 07 MINUTES 48 SECONDS
EAST ALONG SAID SOUTHERLY LINE 192.00 FEET; THENCE CONTINUING SOUTH
68 DEGREES 07 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY LINE
425.64 FEET; THENCE CONTINUING SOUTH 57 DEGREES 38 MINUTES 13
SECONDS EAST ALONG SAID SOUTHERLY LINE 222.02 FEET; THENCE NORTH 00
DEGREES 14 MINUTES 15 SECONDS EAST 120.40 FEET TO THE POINT OF
BEGINNING;
EXCEPTION FROM ORIGINAL PARCEL 1 AND ORIGINAL PARCEL 2
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 35, THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14
MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4,
660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING
COMPANY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST
1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 1, 1987, AS DOCUMENT 87172901; THENCE NORTH 88 DEGREES 30
MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 805.52
FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
1957 AS DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT
RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID
CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD BEARING SOUTH 13
DEGREES 47 MINUTES 57 SECONDS WEST) TO THE SOUTHERLY LINE OF
PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360;
THENCE SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID
SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07
SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET;
[April 7, 2000] 244
THENCE SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING ALONG
SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION WITH A LINE
BEING PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 35 TO A POINT OF BEGINNING FOR THIS LEGAL DESCRIPTION;
THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST
DESCRIBED PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE
BEING PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE PACKING
COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30 MINUTES 56 SECONDS
EAST, 139.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF
RELOCATED CENTRAL ROAD PER CONDEMNATION CASE NO 88L51440; THENCE
SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG SAID LAST
DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86 FEET TO
THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS
DOCUMENT #16947360; THENCE NORTH 57 DEGREES 37 MINUTES 56 SECONDS
WEST ALONG SAID LAST DESCRIBED SOUTHERLY LINE OF PERPETUAL
EASEMENT, 164.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
ALSO KNOWN AS:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14
MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4,
660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING
COMPANY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST
1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 1, 1987, AS DOCUMENT 87172901; THENCE NORTH 88 DEGREES 30
MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A
DISTANCE OF 71.02 FEET TO THE POINT OF BEGINNING FOR THIS LEGAL
DESCRIPTION; THENCE NORTH 88 DEGREES 30 MINUTES 56 SECONDS WEST
CONTINUING ALONG THE SOUTH LINE OF SAID LOT 1, 734.50 FEET TO THE
WESTERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS
DOCUMENT #16947360, BEING ALSO A POINT ON A 1562.28 FOOT RADIUS
CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID CURVE,
161.08 FEET (CHORD=161.00 FEET, CHORD BEARING SOUTH 13 DEGREES 47
MINUTES 51 SECONDS WEST) TO THE SOUTHERLY LINE OF PERPETUAL
EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT #16947360; THENCE SOUTH
78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE,
192.40 FEET; THENCE SOUTH 68 DEGREES 07 MINUTES 07 SECONDS EAST
CONTINUING ALONG SAID SOUTHERLY LINE, 425.61 FEET; THENCE SOUTH 57
DEGREES 37 MINUTES 56 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY
LINE, 57.88 FEET TO AN INTERSECTION WITH A LINE BEING PARALLEL WITH
THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 35; THENCE NORTH
00 DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED
PARALLEL LINE, 297.59 FEET TO AN INTERSECTION WITH A LINE BEING
PARALLEL WITH SAID SOUTH LINE OF LOT 1 IN ROSE PACKING COMPANY
SUBDIVISION; THENCE SOUTH 88 DEGREES 30 MINUTES 56 SECONDS EAST,
139.03 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF RELOCATED
CENTRAL ROAD PER CONDEMNATION CASE NO. 88L51440; THENCE NORTH 00
DEGREES 14 MINUTES 15 SECONDS EAST ALONG SAID LAST DESCRIBED
WESTERLY LINE OF RELOCATED CENTRAL ROAD, 72.44 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
(b) THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 9, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID
SECTION 35; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 14
MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST 1/4,
660.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN ROSE PACKING
COMPANY SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST
1/4 OF SAID SECTION 35, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 1, 1987 AS DOCUMENT NUMBER 87172901; THENCE NORTH 88 DEGREES
30 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1,
805.52 FEET TO THE WESTERLY LINE OF PERPETUAL EASEMENT RECORDED
JULY 2, 1957 AS DOCUMENT NUMBER 16947360, BEING ALSO A POINT ON A
1562.28 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID WESTERLY
LINE AND SAID CURVE, 161.08 FEET (CHORD=161.00 FEET, CHORD BEARING
245 [April 7, 2000]
SOUTH 13 DEGREES 47 MINUTES 51 SECONDS WEST) TO THE SOUTHERLY LINE
OF PERPETUAL EASEMENT RECORDED JULY 2, 1957 AS DOCUMENT NUMBER
16947360; THENCE SOUTH 78 DEGREES 09 MINUTES 21 SECONDS EAST ALONG
SAID SOUTHERLY LINE, 192.40 FEET; THENCE SOUTH 68 DEGREES 07
MINUTES 07 SECONDS EAST CONTINUING ALONG SAID SOUTHERLY LINE,
425.61 FEET; THENCE SOUTH 57 DEGREES 37 MINUTES 56 SECONDS EAST
CONTINUING ALONG SAID SOUTHERLY LINE, 57.88 FEET TO AN INTERSECTION
WITH A LINE BEING PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 35 TO A POINT OF BEGINNING FOR THIS LEGAL
DESCRIPTION; THENCE NORTH 00 DEGREES 14 MINUTES 15 SECONDS EAST
ALONG SAID LAST DESCRIBED PARALLEL LINE, 297.59 FEET TO AN
INTERSECTION WITH A LINE BEING PARALLEL WITH SAID SOUTH LINE OF LOT
1 IN ROSE PACKING COMPANY SUBDIVISION; THENCE SOUTH 88 DEGREES 30
MINUTES 56 SECONDS EAST, 139.03 FEET TO AN INTERSECTION WITH THE
WESTERLY LINE OF RELOCATED CENTRAL ROAD PER CONDEMNATION CASE NO.
88L51440; THENCE SOUTH 00 DEGREES 14 MINUTES 15 SECONDS WEST ALONG
SAID LAST DESCRIBED WESTERLY LINE OF RELOCATED CENTRAL ROAD, 381.86
FEET TO THE SOUTHERLY LINE OF PERPETUAL EASEMENT RECORDED JULY 2,
1957 AS DOCUMENT NUMBER 16947360; THENCE NORTH 57 DEGREES 37
MINUTES 56 SECONDS WEST ALONG SAID LAST DESCRIBED SOUTHERLY LINE OF
PERPETUAL EASEMENT, 164.14 FEET TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.".
The motion prevailed and the amendments were adopted and ordered
printed.
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.
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 1330.
SENATE BILL 1513. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on State
Government Administration & Election Reform, adopted and printed:
AMENDMENT NO. 1 TO SENATE BILL 1513
AMENDMENT NO. 1. Amend Senate Bill 1513 on page 2, line 28, by
replacing "$250,000" with "$75,000".
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 1707. Having been read by title a second time on April
6, 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 1707
AMENDMENT NO. 1. Amend Senate Bill 1707 by replacing the title
with the following:
"AN ACT concerning taxes."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Income Tax Act is amended by changing
Sections 201, 203, 405, 803, and 1501 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
[April 7, 2000] 246
(a) In general. A tax measured by net income is hereby imposed on
every individual, corporation, trust and estate for each taxable year
ending after July 31, 1969 on the privilege of earning or receiving
income in or as a resident of this State. Such tax shall be in addition
to all other occupation or privilege taxes imposed by this State or by
any municipal corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this Section shall
be determined as follows, except as adjusted by subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount equal to 2
1/2% of the taxpayer's net income for the taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending after June
30, 1989, an amount equal to the sum of (i) 2 1/2% of the
taxpayer's net income for the period prior to July 1, 1989, as
calculated under Section 202.3, and (ii) 3% of the taxpayer's net
income for the period after June 30, 1989, as calculated under
Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, an amount equal to 3%
of the taxpayer's net income for the taxable year.
(4) (Blank).
(5) (Blank).
(6) In the case of a corporation, for taxable years ending
prior to July 1, 1989, an amount equal to 4% of the taxpayer's net
income for the taxable year.
(7) In the case of a corporation, for taxable years beginning
prior to July 1, 1989 and ending after June 30, 1989, an amount
equal to the sum of (i) 4% of the taxpayer's net income for the
period prior to July 1, 1989, as calculated under Section 202.3,
and (ii) 4.8% of the taxpayer's net income for the period after
June 30, 1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years beginning
after June 30, 1989, an amount equal to 4.8% of the taxpayer's net
income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property Tax
Replacement Income Tax measured by net income on every corporation
(including Subchapter S corporations), partnership and trust, for each
taxable year ending after June 30, 1979. Such taxes are imposed on the
privilege of earning or receiving income in or as a resident of this
State. The Personal Property Tax Replacement Income Tax shall be in
addition to the income tax imposed by subsections (a) and (b) of this
Section and in addition to all other occupation or privilege taxes
imposed by this State or by any municipal corporation or political
subdivision thereof.
(d) Additional Personal Property Tax Replacement Income Tax Rates.
The personal property tax replacement income tax imposed by this
subsection and subsection (c) of this Section in the case of a
corporation, other than a Subchapter S corporation and except as
adjusted by subsection (d-1), shall be an additional amount equal to
2.85% of such taxpayer's net income for the taxable year, except that
beginning on January 1, 1981, and thereafter, the rate of 2.85%
specified in this subsection shall be reduced to 2.5%, and in the case
of a partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income for the
taxable year.
(d-1) Rate reduction for certain foreign insurers. In the case of
a foreign insurer, as defined by Section 35A-5 of the Illinois
Insurance Code, whose state or country of domicile imposes on insurers
domiciled in Illinois a retaliatory tax (excluding any insurer whose
reinsurance premiums assumed are 50% or more of its total insurance
premiums as determined under paragraph (2) of subsection (b) of Section
304, except that for purposes of this determination reinsurance
premiums do not include assumed premiums from inter-affiliate pooling
arrangements), beginning with taxable years ending on or after December
247 [April 7, 2000]
31, 1999 and ending with taxable years ending on or before December 31,
2000, the sum of the rates of tax imposed by subsections (b) and (d)
shall be reduced (but not increased) to the rate at which the total
amount of tax imposed under this Act, net of all credits allowed under
this Act, shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for the
taxable year by such foreign insurer's state or country of domicile if
that net income were subject to all income taxes and taxes measured by
net income imposed by such foreign insurer's state or country of
domicile, net of all credits allowed or (ii) a rate of zero if no such
tax is imposed on such income by the foreign insurer's state of
domicile.
(1) For the purposes of subsection (d-1), in no event shall
the sum of the rates of tax imposed by subsections (b) and (d) be
reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such foreign
insurer under this Act for a taxable year, net of all credits
allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of the
Illinois Insurance Code, the fire insurance company tax
imposed by Section 12 of the Fire Investigation Act, and the
fire department taxes imposed under Section 11-10-1 of the
Illinois Municipal Code,
equals 1.25% of the net taxable premiums written for the taxable
year, as described by subsection (1) of Section 409 of the Illinois
Insurance Code. This paragraph will in no event increase the rates
imposed under subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates imposed by
subsection (b) and only after the tax imposed by subsection (a) net
of all credits allowed under this Section other than the credit
allowed under subsection (i) has been reduced to zero, against the
rates imposed by subsection (d).
(3) The provisions of this subsection (d-1) are effective
only through December 31, 2000 and cease to be effective on January
1, 2001; but this does not affect any claim or obligation based
upon the use or application of this subsection for tax years ending
on December 31, 2000 or earlier.
(e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for investment
in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5% of the
basis of qualified property placed in service during the taxable
year, provided such property is placed in service on or after July
1, 1984. There shall be allowed an additional credit equal to .5%
of the basis of qualified property placed in service during the
taxable year, provided such property is placed in service on or
after July 1, 1986, and the taxpayer's base employment within
Illinois has increased by 1% or more over the preceding year as
determined by the taxpayer's employment records filed with the
Illinois Department of Employment Security. Taxpayers who are new
to Illinois shall be deemed to have met the 1% growth in base
employment for the first year in which they file employment records
with the Illinois Department of Employment Security. The
provisions added to this Section by Public Act 85-1200 (and
restored by Public Act 87-895) shall be construed as declaratory of
existing law and not as a new enactment. If, in any year, the
increase in base employment within Illinois over the preceding year
is less than 1%, the additional credit shall be limited to that
percentage times a fraction, the numerator of which is .5% and the
denominator of which is 1%, but shall not exceed .5%. The
investment credit shall not be allowed to the extent that it would
reduce a taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year other
than the year in which the property was placed in service in
Illinois. For tax years ending on or after December 31, 1987, and
[April 7, 2000] 248
on or before December 31, 1988, the credit shall be allowed for the
tax year in which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that year,
whether it exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit years
if the taxpayer (i) makes investments which cause the creation of a
minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is
located in an enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the Department of
Commerce and Community Affairs as complying with the requirements
specified in clause (i) and (ii) by July 1, 1986. The Department
of Commerce and Community Affairs shall notify the Department of
Revenue of all such certifications immediately. For tax years
ending after December 31, 1988, the credit shall be allowed for the
tax year in which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that year,
whether it exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit years.
The credit shall be applied to the earliest year for which there is
a liability. If there is credit from more than one tax year that is
available to offset a liability, earlier credit shall be applied
first.
(2) The term "qualified property" means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and signs
that are real property, but not including land or improvements
to real property that are not a structural component of a
building such as landscaping, sewer lines, local access roads,
fencing, parking lots, and other appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (e);
(C) is acquired by purchase as defined in Section 179(d)
of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is primarily
engaged in manufacturing, or in mining coal or fluorite, or in
retailing; and
(E) has not previously been used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (e) or subsection (f).
(3) For purposes of this subsection (e), "manufacturing"
means the material staging and production of tangible personal
property by procedures commonly regarded as manufacturing,
processing, fabrication, or assembling which changes some existing
material into new shapes, new qualities, or new combinations. For
purposes of this subsection (e) the term "mining" shall have the
same meaning as the term "mining" in Section 613(c) of the Internal
Revenue Code. For purposes of this subsection (e), the term
"retailing" means the sale of tangible personal property or
services rendered in conjunction with the sale of tangible consumer
goods or commodities.
(4) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(5) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(6) The term "placed in service" shall have the same meaning
as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
249 [April 7, 2000]
after being placed in service, or the situs of any qualified
property is moved outside Illinois within 48 months after being
placed in service, the Personal Property Tax Replacement Income Tax
for such taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which would
have been allowed for the year in which credit for such property
was originally allowed by eliminating such property from such
computation and, (ii) subtracting such recomputed credit from the
amount of credit previously allowed. For the purposes of this
paragraph (7), a reduction of the basis of qualified property
resulting from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent of such
reduction.
(8) Unless the investment credit is extended by law, the
basis of qualified property shall not include costs incurred after
December 31, 2003, except for costs incurred pursuant to a binding
contract entered into on or before December 31, 2003.
(9) Each taxable year ending before December 31, 2000, a
partnership may elect to pass through to its partners the credits
to which the partnership is entitled under this subsection (e) for
the taxable year. A partner may use the credit allocated to him or
her under this paragraph only against the tax imposed in
subsections (c) and (d) of this Section. If the partnership makes
that election, those credits shall be allocated among the partners
in the partnership in accordance with the rules set forth in
Section 704(b) of the Internal Revenue Code, and the rules
promulgated under that Section, and the allocated amount of the
credits shall be allowed to the partners for that taxable year.
The partnership shall make this election on its Personal Property
Tax Replacement Income Tax return for that taxable year. The
election to pass through the credits shall be irrevocable.
For taxable years ending on or after December 31, 2000, a
partner that qualifies its partnership for a subtraction under
subparagraph (I) of paragraph (2) of subsection (d) of Section 203
or a shareholder that qualifies a Subchapter S corporation for a
subtraction under subparagraph (S) of paragraph (2) of subsection
(b) of Section 203 shall be allowed a credit under this subsection
(e) equal to its share of the credit earned under this subsection
(e) during the taxable year by the partnership or Subchapter S
corporation, determined in accordance with the determination of
income and distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. This paragraph is
exempt from the provisions of Section 250.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for investment
in qualified property which is placed in service in an Enterprise
Zone created pursuant to the Illinois Enterprise Zone Act. For
partners, shareholders of Subchapter S corporations, and owners of
limited liability companies, if the liability company is treated as
a partnership for purposes of federal and State income taxation,
there shall be allowed a credit under this subsection (f) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code. The credit shall be .5%
of the basis for such property. The credit shall be available only
in the taxable year in which the property is placed in service in
the Enterprise Zone and shall not be allowed to the extent that it
would reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. For tax
years ending on or after December 31, 1985, the credit shall be
allowed for the tax year in which the property is placed in
service, or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability or the
liability as later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years following the
[April 7, 2000] 250
excess credit year. The credit shall be applied to the earliest
year for which there is a liability. If there is credit from more
than one tax year that is available to offset a liability, the
credit accruing first in time shall be applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (f);
(C) is acquired by purchase as defined in Section 179(d)
of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the taxpayer; and
(E) has not been previously used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (f) or subsection (e).
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in the Enterprise Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the date of
such increase in basis.
(5) The term "placed in service" shall have the same meaning
as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any qualified
property is moved outside the Enterprise Zone within 48 months
after being placed in service, the tax imposed under subsections
(a) and (b) of this Section for such taxable year shall be
increased. Such increase shall be determined by (i) recomputing
the investment credit which would have been allowed for the year in
which credit for such property was originally allowed by
eliminating such property from such computation, and (ii)
subtracting such recomputed credit from the amount of credit
previously allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a disposition
of qualified property to the extent of such reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or
Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by the
Department of Commerce and Community Affairs conducting a trade or
business in a federally designated Foreign Trade Zone or Sub-Zone
shall be allowed a credit against the tax imposed by subsections
(a) and (b) of this Section in the amount of $500 per eligible
employee hired to work in the zone during the taxable year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible employees
to work in an enterprise zone or federally designated Foreign
Trade Zone or Sub-Zone during the taxable year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign Trade Zone or
Sub-Zone must increase by 5 or more full-time employees beyond
the total employed in that zone at the end of the previous tax
year for which a jobs tax credit under this Section was taken,
or beyond the total employed by the taxpayer as of December
31, 1985, whichever is later; and
(C) the eligible employees must be employed 180
consecutive days in order to be deemed hired for purposes of
this subsection.
(3) An "eligible employee" means an employee who is:
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(A) Certified by the Department of Commerce and
Community Affairs as "eligible for services" pursuant to
regulations promulgated in accordance with Title II of the Job
Training Partnership Act, Training Services for the
Disadvantaged or Title III of the Job Training Partnership
Act, Employment and Training Assistance for Dislocated Workers
Program.
(B) Hired after the enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone was designated or
the trade or business was located in that zone, whichever is
later.
(C) Employed in the enterprise zone or Foreign Trade
Zone or Sub-Zone. An employee is employed in an enterprise
zone or federally designated Foreign Trade Zone or Sub-Zone if
his services are rendered there or it is the base of
operations for the services performed.
(D) A full-time employee working 30 or more hours per
week.
(4) For tax years ending on or after December 31, 1985 and
prior to December 31, 1988, the credit shall be allowed for the tax
year in which the eligible employees are hired. For tax years
ending on or after December 31, 1988, the credit shall be allowed
for the tax year immediately following the tax year in which the
eligible employees are hired. If the amount of the credit exceeds
the tax liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5 taxable
years following the excess credit year. The credit shall be
applied to the earliest year for which there is a liability. If
there is credit from more than one tax year that is available to
offset a liability, earlier credit shall be applied first.
(5) The Department of Revenue shall promulgate such rules and
regulations as may be deemed necessary to carry out the purposes of
this subsection (g).
(6) The credit shall be available for eligible employees
hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the Illinois
Enterprise Zone Act, a taxpayer shall be allowed a credit against
the tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in service by a
Department of Commerce and Community Affairs designated High Impact
Business. The credit shall be .5% of the basis for such property.
The credit shall not be available until the minimum investments in
qualified property set forth in Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied and shall not be allowed to
the extent that it would reduce a taxpayer's liability for the tax
imposed by subsections (a) and (b) of this Section to below zero.
The credit applicable to such minimum investments shall be taken in
the taxable year in which such minimum investments have been
completed. The credit for additional investments beyond the
minimum investment by a designated high impact business shall be
available only in the taxable year in which the property is placed
in service and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by subsections
(a) and (b) of this Section to below zero. For tax years ending on
or after December 31, 1987, the credit shall be allowed for the tax
year in which the property is placed in service, or, if the amount
of the credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax liability
of the 5 taxable years following the excess credit year. The
credit shall be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year that is
available to offset a liability, the credit accruing first in time
shall be applied first.
[April 7, 2000] 252
Changes made in this subdivision (h)(1) by Public Act 88-670
restore changes made by Public Act 85-1182 and reflect existing
law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (h);
(C) is acquired by purchase as defined in Section 179(d)
of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone Investment
Credit provided by subsection (f) of this Section.
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in a federally designated Foreign Trade Zone or Sub-Zone
located in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(5) The term "placed in service" shall have the same meaning
as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before December
31, 1996, any property ceases to be qualified property in the hands
of the taxpayer within 48 months after being placed in service, or
the situs of any qualified property is moved outside Illinois
within 48 months after being placed in service, the tax imposed
under subsections (a) and (b) of this Section for such taxable year
shall be increased. Such increase shall be determined by (i)
recomputing the investment credit which would have been allowed for
the year in which credit for such property was originally allowed
by eliminating such property from such computation, and (ii)
subtracting such recomputed credit from the amount of credit
previously allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a disposition
of qualified property to the extent of such reduction.
(7) Beginning with tax years ending after December 31, 1996,
if a taxpayer qualifies for the credit under this subsection (h)
and thereby is granted a tax abatement and the taxpayer relocates
its entire facility in violation of the explicit terms and length
of the contract under Section 18-183 of the Property Tax Code, the
tax imposed under subsections (a) and (b) of this Section shall be
increased for the taxable year in which the taxpayer relocated its
facility by an amount equal to the amount of credit received by the
taxpayer under this subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed by
subsections (c) and (d) of this Section. This credit shall be computed
by multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income allocable
to Illinois and the denominator of which is Illinois base income, and
further multiplying the product by the tax rate imposed by subsections
(a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed because
it exceeds the tax liability imposed by subsections (a) and (b) for
that year (whether it exceeds the original liability or the liability
as later amended) may be carried forward and applied to the tax
liability imposed by subsections (a) and (b) of the 5 taxable years
following the excess credit year. This credit shall be applied first
to the earliest year for which there is a liability. If there is a
credit under this subsection from more than one tax year that is
253 [April 7, 2000]
available to offset a liability the earliest credit arising under this
subsection shall be applied first.
If, during any taxable year ending on or after December 31, 1986,
the tax imposed by subsections (c) and (d) of this Section for which a
taxpayer has claimed a credit under this subsection (i) is reduced, the
amount of credit for such tax shall also be reduced. Such reduction
shall be determined by recomputing the credit to take into account the
reduced tax imposed by subsection (c) and (d). If any portion of the
reduced amount of credit has been carried to a different taxable year,
an amended return shall be filed for such taxable year to reduce the
amount of credit claimed.
(j) Training expense credit. Beginning with tax years ending on
or after December 31, 1986, a taxpayer shall be allowed a credit
against the tax imposed by subsection (a) and (b) under this Section
for all amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside of
Illinois by a taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled fields,
which were deducted from gross income in the computation of taxable
income. The credit against the tax imposed by subsections (a) and (b)
shall be 1.6% of such training expenses. For partners, shareholders of
subchapter S corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for purposes of
federal and State income taxation, there shall be allowed a credit
under this subsection (j) to be determined in accordance with the
determination of income and distributive share of income under Sections
702 and 704 and subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused in the
year the credit is earned may be carried forward to each of the 5
taxable years following the year for which the credit is first computed
until it is used. This credit shall be applied first to the earliest
year for which there is a liability. If there is a credit under this
subsection from more than one tax year that is available to offset a
liability the earliest credit arising under this subsection shall be
applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a taxpayer
shall be allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in this
State. The credit allowed against the tax imposed by subsections (a)
and (b) shall be equal to 6 1/2% of the qualifying expenditures for
increasing research activities in this State. For partners,
shareholders of subchapter S corporations, and owners of limited
liability companies, if the liability company is treated as a
partnership for purposes of federal and State income taxation, there
shall be allowed a credit under this subsection to be determined in
accordance with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the Internal
Revenue Code.
For purposes of this subsection, "qualifying expenditures" means
the qualifying expenditures as defined for the federal credit for
increasing research activities which would be allowable under Section
41 of the Internal Revenue Code and which are conducted in this State,
"qualifying expenditures for increasing research activities in this
State" means the excess of qualifying expenditures for the taxable year
in which incurred over qualifying expenditures for the base period,
"qualifying expenditures for the base period" means the average of the
qualifying expenditures for each year in the base period, and "base
period" means the 3 taxable years immediately preceding the taxable
year for which the determination is being made.
Any credit in excess of the tax liability for the taxable year may
be carried forward. A taxpayer may elect to have the unused credit
shown on its final completed return carried over as a credit against
the tax liability for the following 5 taxable years or until it has
been fully used, whichever occurs first.
If an unused credit is carried forward to a given year from 2 or
[April 7, 2000] 254
more earlier years, that credit arising in the earliest year will be
applied first against the tax liability for the given year. If a tax
liability for the given year still remains, the credit from the next
earliest year will then be applied, and so on, until all credits have
been used or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried forward to the
next following year in which a tax liability is incurred, except that
no credit can be carried forward to a year which is more than 5 years
after the year in which the expense for which the credit is given was
incurred.
Unless extended by law, the credit shall not include costs incurred
after December 31, 2004, except for costs incurred pursuant to a
binding contract entered into on or before December 31, 2004.
No inference shall be drawn from this amendatory Act of the 91st
General Assembly in construing this Section for taxable years beginning
before January 1, 1999.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and on or
before December 31, 2001, a taxpayer shall be allowed a credit
against the tax imposed by subsections (a) and (b) of this Section
for certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of this
Section, "unreimbursed eligible remediation costs" means costs
approved by the Illinois Environmental Protection Agency ("Agency")
under Section 58.14 of the Environmental Protection Act that were
paid in performing environmental remediation at a site for which a
No Further Remediation Letter was issued by the Agency and recorded
under Section 58.10 of the Environmental Protection Act. The
credit must be claimed for the taxable year in which Agency
approval of the eligible remediation costs is granted. The credit
is not available to any taxpayer if the taxpayer or any related
party caused or contributed to, in any material respect, a release
of regulated substances on, in, or under the site that was
identified and addressed by the remedial action pursuant to the
Site Remediation Program of the Environmental Protection Act.
After the Pollution Control Board rules are adopted pursuant to the
Illinois Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental Protection Act,
determinations as to credit availability for purposes of this
Section shall be made consistent with those rules. For purposes of
this Section, "taxpayer" includes a person whose tax attributes the
taxpayer has succeeded to under Section 381 of the Internal Revenue
Code and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of Section
267 of the Internal Revenue Code by virtue of being a related
taxpayer, as well as any of its partners. The credit allowed
against the tax imposed by subsections (a) and (b) shall be equal
to 25% of the unreimbursed eligible remediation costs in excess of
$100,000 per site, except that the $100,000 threshold shall not
apply to any site contained in an enterprise zone as determined by
the Department of Commerce and Community Affairs. The total credit
allowed shall not exceed $40,000 per year with a maximum total of
$150,000 per site. For partners and shareholders of subchapter S
corporations, there shall be allowed a credit under this subsection
to be determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 of
subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is unused in
the year the credit is earned may be carried forward to each of the
5 taxable years following the year for which the credit is first
earned until it is used. The term "unused credit" does not include
any amounts of unreimbursed eligible remediation costs in excess of
the maximum credit per site authorized under paragraph (i). This
credit shall be applied first to the earliest year for which there
is a liability. If there is a credit under this subsection from
more than one tax year that is available to offset a liability, the
255 [April 7, 2000]
earliest credit arising under this subsection shall be applied
first. A credit allowed under this subsection may be sold to a
buyer as part of a sale of all or part of the remediation site for
which the credit was granted. The purchaser of a remediation site
and the tax credit shall succeed to the unused credit and remaining
carry-forward period of the seller. To perfect the transfer, the
assignor shall record the transfer in the chain of title for the
site and provide written notice to the Director of the Illinois
Department of Revenue of the assignor's intent to sell the
remediation site and the amount of the tax credit to be transferred
as a portion of the sale. In no event may a credit be transferred
to any taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site" shall
have the same meaning as under Section 58.2 of the Environmental
Protection Act.
(m) Education expense credit.
Beginning with tax years ending after December 31, 1999, a taxpayer
who is the custodian of one or more qualifying pupils shall be allowed
a credit against the tax imposed by subsections (a) and (b) of this
Section for qualified education expenses incurred on behalf of the
qualifying pupils. The credit shall be equal to 25% of qualified
education expenses, but in no event may the total credit under this
Section claimed by a family that is the custodian of qualifying pupils
exceed $500. In no event shall a credit under this subsection reduce
the taxpayer's liability un