STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
130TH LEGISLATIVE DAY
WEDNESDAY, NOVEMBER 29, 2000
11:OO O'CLOCK A.M.
NO. 130
[November 29, 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 130th Legislative Day Action Page(s) Adjournment........................................ 66 Committee on Rules Referrals....................... 4 Correctional Budget and Impact Note Supplied....... 6 Fiscal Note Requested.............................. 5 Fiscal Note Supplied............................... 5 Home Rule Note Requested........................... 5 Housing Affordability Impact Note Requested........ 5 Housing Affordability Impact Note Supplied......... 5 Introduction and First Reading - HB4766............ 17 Judicial Note Supplied............................. 6 Pension Note Supplied.............................. 6 Quorum Roll Call................................... 4 Recess............................................. 33 Report from the Committee On Rules................. 4 State Debt Impact Note Requested................... 5 State Debt Impact Note Supplied.................... 5 State Mandate Note Requested....................... 5 Bill Number Legislative Action Page(s) HB 0557 Conference Committee Report Submitted - First...... 9 HB 3617 Committee Report - Concur in SA.................... 8 HB 3617 Concurrence in Senate Amendment/s.................. 30 HB 3617 Motion Submitted................................... 5 HB 4267 Motion Submitted................................... 5 HB 4279 Motion Submitted................................... 5 HJR 0019 Senate Message - Passage w/ SA..................... 7 HJR 0077 Committee Report................................... 4 HJR 0077 Resolution......................................... 33 HJR 0078 Committee Report................................... 4 HJR 0078 Resolution......................................... 34 HR 0879 Adoption........................................... 33 HR 0883 Adoption........................................... 33 HR 0887 Adoption........................................... 33 HR 0911 Adoption........................................... 33 HR 0912 Adoption........................................... 33 HR 0913 Adoption........................................... 33 HR 0914 Adoption........................................... 33 HR 0915 Adoption........................................... 33 HR 0917 Adoption........................................... 33 HR 0918 Adoption........................................... 33 HR 0919 Adoption........................................... 33 HR 0920 Adoption........................................... 33 HR 0925 Adoption........................................... 33 HR 0926 Adoption........................................... 33 HR 0927 Adoption........................................... 33 HR 0927 Resolution......................................... 17 HR 0928 Adoption........................................... 33 HR 0928 Resolution......................................... 18 HR 0929 Adoption........................................... 33 HR 0929 Resolution......................................... 18 HR 0930 Adoption........................................... 33 HR 0930 Resolution......................................... 19 HR 0931 Adoption........................................... 33 HR 0931 Resolution......................................... 20 HR 0932 Adoption........................................... 33 HR 0932 Resolution......................................... 21
3 [November 29, 2000] Bill Number Legislative Action Page(s) HR 0933 Adoption........................................... 33 HR 0933 Resolution......................................... 21 HR 0934 Adoption........................................... 33 HR 0934 Resolution......................................... 22 HR 0935 Adoption........................................... 33 HR 0935 Resolution......................................... 23 HR 0936 Adoption........................................... 33 HR 0936 Resolution......................................... 24 HR 0937 Adoption........................................... 33 HR 0937 Resolution......................................... 24 HR 0938 Adoption........................................... 33 HR 0938 Resolution......................................... 25 HR 0939 Adoption........................................... 33 HR 0939 Resolution......................................... 26 HR 0940 Adoption........................................... 33 HR 0940 Resolution......................................... 26 HR 0941 Adoption........................................... 33 HR 0941 Resolution......................................... 27 HR 0943 Adoption........................................... 33 HR 0943 Resolution......................................... 28 HR 0944 Adoption........................................... 33 HR 0944 Resolution......................................... 28 SB 0368 Recall............................................. 33 SB 0487 Conference Committee Report Submitted - Second..... 10 SB 0575 Committee Report-Floor Amendment/s................. 8 SB 0575 Second Reading - Amendment/s....................... 35 SB 1276 Committee Report................................... 8 SB 1276 Second Reading - Amendment/s....................... 30 SB 1382 Amendatory Veto.................................... 30 SB 1382 Committee Report................................... 4 SB 1382 Committee Report................................... 4 SB 1404 Amendatory Veto.................................... 29 SB 1867 Motion Submitted................................... 4 SB 1975 Committee Report................................... 8 SB 1975 Second Reading - Amendment/s....................... 30 SJR 0074 Senate Message..................................... 7
[November 29, 2000] 4 The House met pursuant to adjournment. The Speaker in the Chair. Prayer by LeeArthur Crawford, Assistant Pastor with the Victory Temple Church in Springfield, Illinois. Representative O'Brien led the House in the Pledge of Allegiance. By direction of the Speaker, a roll call was taken to ascertain the attendance of Members, as follows: 115 present. (ROLL CALL 1) By unanimous consent, Representatives Eileen Lyons and Sharp were excused from attendance. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson of the Committee on Rules, reported that the following Legislative Measure has been approved for consideration - Compliance: Motion to Concur in Amendatory Veto on SENATE BILL 1382. Representative Currie, Chairperson of the Committee on Rules, reported that the following Legislative Measure has been approved for consideration - Compliance: Motion to Concur in Amendatory Veto on SENATE BILL 1382. The committee roll call vote on the foregoing legislative measure is as follows: 3, Yeas; 2, Nays; 0, Answering Present. Y Currie, Chair N Ryder (Cross) Y Hannig N Tenhouse Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTIONS 77 and 78. The committee roll call vote on HOUSE JOINT RESOLUTIONS 77 and 78 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse A Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Executive: House Amendment 3 to SENATE BILL 575 and the Motion to Concur in Senate Amendment 1 to HOUSE BILL 3617. MOTIONS SUBMITTED Representative Tenhouse 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 1867 and advance to the order of Second Reading - Standard Debate.
5 [November 29, 2000] JOINT ACTION MOTIONS SUBMITTED Speaker Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 3617. Representative Myers submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 4267. Representative John Turner submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 4279. Representative Howard submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE JOINT RESOLUTION 19. REQUEST FOR FISCAL NOTE Representative Black requested that Fiscal Notes have been supplied for SENATE BILLS 575, as amended, and 1276, as amended. FISCAL NOTE SUPPLIED A Fiscal Note has been supplied for SENATE BILL 1276, as amended. REQUEST FOR STATE MANDATE NOTE Representative Black requested that State Mandate Notes be supplied for SENATE BILLS 575, as amended, and 1276, as amended. REQUEST FOR HOME RULE NOTE Representative Black requested that a Home Rule Note be supplied for SENATE BILLS 575, as amended, and 1276, as amended. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Black requested that a Housing Affordability Impact Note be supplied for SENATE BILL 575, as amended. HOUSING AFFORDABILITY IMPACT NOTE SUPPLIED A Housing Affordability Impact Note has been supplied for SENATE BILL 575, as amended. REQUEST FOR STATE DEBT IMPACT NOTE Representative Black requested that a State Debt Impact Note be supplied for SENATE BILL 575, as amended. STATE DEBT IMPACT NOTE SUPPLIED
[November 29, 2000] 6 A State Debt Impact Note has been supplied for SENATE BILL 575, as amended. PENSION NOTE SUPPLIED A Pension Note has been supplied for SENATE BILL 575, as amended. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 575, as amended. CORRECTIONAL BUDGET AND IMPACT NOTE SUPPLIED A Correctional Budget and Impact Note has been supplied for SENATE BILL 575, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a Second Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 487 A bill for AN ACT to amend the Illinois Roofing Industry Licensing Act by changing Sections 2 and 3, by adding Sections 3.5, 4.5, and 5.5, and by repealing Section 4. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Syverson, Radagno, Burzynski; Hendon and Munoz. Action taken by the Senate, November 29, 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 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 NO. 74 WHEREAS, The State Board of Education has filed its Report on Waiver of School Code Mandates, dated October 1, 2000, with the Senate, the House of Representatives, and the Secretary of State of Illinois as required by Section 2-3.25g of the School Code; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, That the request made by Medinah SD 11 - DuPage with respect to
7 [November 29, 2000] parent-teacher conferences, identified in the report filed by the State Board of Education as request WM100-1546 is disapproved; and be it further RESOLVED, That the request made by Robein SD 85 - Tazewell with respect to school improvement/inservice training, identified in the report filed by the State Board of Education as request WM100-1621, is disapproved; and be it further RESOLVED, That the request made by North Pekin - Marquette Heights SD 102 - Tazewell with respect to non-resident tuition, identified in the report filed by the State Board of Education as request WM100-1460, is disapproved. Adopted by the Senate, November 29, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 74 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of the following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 19 Together with the attached amendment thereto, in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE JOINT RESOLUTION NO. 19 Passed by the Senate, as amended, November 29, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Joint Resolution 19 on page 2, lines 6 and 9, by replacing "1999" each time it appears with "2001". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE JOINT RESOLUTION 19 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 in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 1281 A bill for AN ACT to amend the Agricultural Fair Act. House Amendment No. 1 to SENATE BILL NO. 1281. House Amendment No. 2 to SENATE BILL NO. 1281.
[November 29, 2000] 8 Action taken by the Senate, November 29, 2000. Jim Harry, Secretary of the Senate REPORTS FROM STANDING COMMITTEES Representative Dart, Chairperson, from the Committee on Judiciary I-Civil Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1975. The committee roll call vote on SENATE BILL 1975 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Dart, Chair (Schoenberg) Y Lang Y Brosnahan Y Mathias (Berns) Y Hamos Y Meyer (Righter) Y Hoffman Y Scott, V-Chair Y Klingler Y Turner, John, Spkpn Y Wait (Winkel) Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass, as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 1276. That the Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 575. That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 3617. The committee roll call vote on SENATE BILLS 1276 and the Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3617 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y Lopez Y Bradley Y Pankau Y Bugielski Y Poe, Spkpn Y Capparelli Y Rutherford Y Tenhouse The committee roll call vote on Amendment No. 3 to SENATE BILL 575 is as follows: 8, Yeas; 7, Nays; 0, Answering Present. Y Burke, Chair Y Fritchey, V-Chair Y Acevedo N Hassert N Beaubien Y Jones, Lou N Biggins Y Lopez Y Bradley N Pankau Y Bugielski N Poe, Spkpn Y Capparelli N Rutherford
9 [November 29, 2000] N Tenhouse CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Joseph Lyons submitted the following First Conference Committee Report on HOUSE BILL 557 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 557 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 557, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 557 be amended as follows: by replacing the title with the following: "AN ACT to amend the Metropolitan Water Reclamation District Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Metropolitan Water Reclamation District Act is amended by adding Section 283 as follows: (70 ILCS 2605/283 new) Sec. 283. 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: Parcel 1: The Northwest 1/4 of the Northeast 1/4 of Section 15, Township 35 North, Range 14, East of the Third Principal Meridian (except the South 66 feet thereof conveyed to Chicago District Pipeline Company, a corporation by deed recorded as document 14832873 and except the North 49.50 feet of the South 115.5 of the East 660.0 feet thereof, conveyed to Chicago District Pipeline Company, a corporation, by deed recorded on September 3, 1958 as document 17306418). Parcel 2: The South 66 feet of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 35 North, Range 14 East of the Third Principal Meridian in Cook County, Illinois. Parcel 3: The South 66 feet of the Northeast 1/4 of the Northeast 1/4 of Section 15, Township 35 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois. Parcel 4: That part of the Northeast quarter of the Northeast quarter of Section 15, Township 35 North, Range 14 East of the Third Principal Meridian, Cook County, Illinois, described as follows: commencing at the Northeast corner of said Northeast quarter; thence South 89 degrees 11 minutes 17 seconds West along the North line of said Northeast quarter a distance of 604.04 feet to the point of beginning; thence South 00 degrees 58 minutes 21 seconds East a distance of 1209.86 feet to an iron rod on the North line of the South 115.50 feet of the North East quarter of the Northeast
[November 29, 2000] 10 quarter of said Section 15; thence South 89 degrees 13 minutes 25 seconds West along last said North line a distance of 720.22 feet to an iron rod on the West line of the Northeast quarter of the Northeast quarter of said Section 15; thence North 00 degrees 58 minutes 21 seconds West along last said West line a distance of 1209.41 feet to an iron rod being the Northwest corner of the Northeast quarter of the Northeast quarter of said Section 15; thence North 89 degrees 11 minutes 17 seconds East along the North line of said Northeast quarter a distance of 720.22 feet to the point of beginning, containing 20.00 acres. Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on November 29, 2000. s/Sen. Walter Dudycz s/Rep. Joseph Lyons s/Sen. Kirk Dillard s/Rep. Calvin L. Giles Sen. Thomas Walsh s/Rep. Barbara Flynn Currie s/Sen. Lawrence Walsh s/Rep. Art Tenhouse s/Sen. William Shaw s/Rep. William B. Black Committee for the Senate Committee for the House Representative Flowers submitted the following Second Conference Committee Report on SENATE BILL 487 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY SECOND CONFERENCE COMMITTEE REPORT ON SENATE BILL 487 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 487, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 487 be amended by replacing the title with the following: "AN ACT to amend the Illinois Roofing Industry Licensing Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Roofing Industry Licensing Act is amended by changing Sections 2, 3, 9, 9.2, 9.4, 9.5, 9.10, 9.14, 10, and 11.5 and adding Sections 3.2, 3.5, 4.5, and 5.5 as follows: (225 ILCS 335/2) (from Ch. 111, par. 7502) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires: (a) "Licensure" means the act of obtaining or holding a license issued by the Department as provided in this Act. (b) "Department" means the Department of Professional Regulation. (c) "Director" means the Director of Professional Regulation. (d) "Person" means any individual, partnership, corporation, business trust, limited liability company, or other legal entity. (e) "Roofing contractor" is one whose services are unlimited in the roofing trade and who has the experience, knowledge and skill to
11 [November 29, 2000] construct, reconstruct, alter, maintain and repair roofs and use materials and items used in the construction, reconstruction, alteration, maintenance and repair of all kinds of roofing and waterproofing, all in such manner to comply with all plans, specifications, codes, laws, and regulations applicable thereto, but does not include such contractor's employees to the extent the requirements of Section 3 of this Act apply and extend to such employees. (f) "Board" means the Roofing Advisory Board. (g) "Qualifying party" means the individual filing as a sole proprietor, partner of a partnership, officer of a corporation, trustee of a business trust, or party of another legal entity, who is legally qualified to act for the business organization in all matters connected with its roofing contracting business, has the authority to supervise roofing installation operations, and is actively engaged in day to day activities of the business organization. "Qualifying party" does not apply to a seller of roofing materials or services when the construction, reconstruction, alteration, maintenance, or repair of roofing or waterproofing is to be performed by a person other than the seller or the seller's employees. (h) "Limited roofing license" means a license made available to contractors whose roofing business is limited to residential roofing, including residential properties consisting of 8 units or less. (i) "Unlimited roofing license" means a license made available to contractors whose roofing business is unlimited in nature and includes roofing on residential, commercial, and industrial properties. (Source: P.A. 89-387, eff. 1-1-96; 89-594, eff. 8-1-96; 90-55, eff. 1-1-98.) (225 ILCS 335/3) (from Ch. 111, par. 7503) Sec. 3. Application for license. (1) To obtain a license, an applicant must indicate if the license is sought for a sole proprietorship, partnership, corporation, business trust, or other legal entity and whether the application is for a limited or unlimited roofing license. If the license is sought for a sole proprietorship, the license shall be issued to the proprietor who shall also be designated as the qualifying party. If the license is sought for a partnership, corporation, business trust, or other legal entity, the license shall be issued in the company name. A company must designate one individual who will serve as a qualifying party. The qualifying party is the individual who must take the examination required under Section 3.5. The company shall submit an application in writing to the Department on a form containing the information prescribed by the Department and accompanied by the fee fixed by the Department. The application shall include, but shall not be limited to: (a) the name and address of the person designated as the qualifying party responsible for the practice of professional roofing in Illinois; (b) the name of the proprietorship and its proprietor, the name of the partnership and its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members; (c) evidence of compliance with any statutory requirements pertaining to such legal entity, including compliance with any laws pertaining to the use of fictitious names, if a fictitious name is used; if the business is a sole proprietorship and doing business under a name other than that of the individual proprietor, the individual proprietor must list all business names used for that proprietorship.
[November 29, 2000] 12 (1.5) A certificate issued by the Department before the effective date of this amendatory Act of the 91st General Assembly shall be deemed a license for the purposes of this Act.
13 [November 29, 2000] applicant for limited licenses shall designate a qualifying party who shall take an examination, the technical portion of which shall cover residential roofing practices. Each applicant for an unlimited license shall designate a qualifying party who shall take an examination, the technical portion of which shall cover residential, commercial, and industrial roofing practices. (b) An applicant for a limited license or an unlimited license or a qualifying party designated by an applicant for a limited license or unlimited license shall pay, either to the Department or the designated testing service, a fee established by the Department to cover the cost of providing the examination. Failure of the individual scheduled to appear for the examination on the scheduled date at the time and place specified after his or her application for examination has been received and acknowledged by the Department or the designated testing service shall result in forfeiture of the examination fee. (c) A person who has a license as described in subsection (1.5) of Section 3 is exempt from the examination requirement of this Section, so long as (1) the license continues to be valid and is renewed before expiration and (2) the person is not newly designated as a qualifying party after July 1, 2003. The qualifying party for an applicant for a new license must have passed an examination authorized by the Department before the Department may issue a license. An applicant has 3 years after the date of his or her application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. (225 ILCS 335/4.5 new) Sec. 4.5. Duties of qualifying party; replacement. While engaged as or named as a qualifying party for a licensee, no person may be the named qualifying party for any other licensee. However, the person may act in the capacity of the qualifying party for one additional licensee of the same type of licensure if one of the following conditions exists: (1) There is a common ownership of at least 25% of each licensed entity for which the person acts as a qualifying party. (2) The same person acts as a qualifying party for one licensed entity and its licensed subsidiary. "Subsidiary" as used in this Section means a corporation of which at least 25% is owned by another licensee. In the event that a qualifying party is terminated or terminating his or her status as qualifying party of a licensee, the qualifying party and the licensee shall notify the Department of that fact in writing. Thereafter, the licensee shall notify the Department of the name and address of the newly designated qualifying party. The newly designated qualifying party must take the examination prescribed in Section 3.5 of this Act. These requirements shall be met in a timely manner as established by rule of the Department. (225 ILCS 335/5.5 new) Sec. 5.5. Contracts. A roofing contractor, when signing a contract, must provide a land-based phone number and a street address other than a post office box at which he or she may be contacted. (225 ILCS 335/9) (from Ch. 111, par. 7509) Sec. 9. Licensure requirement. (1) It is unlawful for any person to engage in the business or act in the capacity of or hold himself or herself out in any manner as a roofing contractor without having been duly licensed under the provisions of this Act. (2) No work involving the construction, reconstruction, alteration, maintenance or repair of any kind of roofing or
[November 29, 2000] 14 waterproofing may be done except by a roofing contractor licensed under this Act. (3) Sellers of roofing services may subcontract the provision of those roofing services only to roofing contractors licensed under this Act. (Source: P.A. 89-387, eff. 1-1-96; 90-55, eff. 1-1-98.) (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2) Sec. 9.2. Stenographer; record of proceedings. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings initiated pursuant to this Act, the rules for the administration of this Act, or any other Act or rules relating to this Act and proceedings for restoration of any license issued under this Act. The notice of hearing, complaint, answer, and all other documents in the nature of pleadings and written motions and responses filed in the proceedings, the transcript of the testimony, all exhibits admitted into evidence, the report of the hearing officer, the Board's findings of fact, conclusions of law, and recommendations to the Director, and the order shall be the record of the proceedings. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required under Section 2105-115 of the Department of Professional Regulation Law (20 ILCS 2105/2105-115).
15 [November 29, 2000] Director by the date of the Board's second meeting following the Board's receipt of the hearing officer's report. A copy of the findings of fact, conclusions of law, and recommendations to the Director shall be served upon the accused person, either personally or by registered or certified mail. Within 20 days after service, the accused person may present to the Department a written motion for a rehearing, which shall state the particular grounds therefor. If the accused person orders and pays for a transcript pursuant to Section 9.2, the time elapsing thereafter and before the transcript is ready for delivery to him or her shall not be counted as part of the 20 days. The Director shall issue an order based on the findings of fact, conclusions of law, and recommendations to the Director. If the Director disagrees in any regard with the findings of fact, conclusions of law, and recommendations to the Director, he may issue an order in contravention of the findings of fact, conclusions of law, and recommendations to the Director. If the Director issues an order in contravention of the findings of fact, conclusions of law, and recommendations to the Director, the Director shall notify the Board in writing with an explanation for any deviation from the Board's findings of fact, conclusions of law, and recommendations to the Director within 30 days of the Director's entry of the order.
[November 29, 2000] 16 Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome. (Source: P.A. 90-55, eff. 1-1-98.) (225 ILCS 335/9.14) (from Ch. 111, par. 7509.14) Sec. 9.14. The Director has the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any action for refusal to issue or renew a license, for
17 [November 29, 2000] shall represent a statewide association representing home builders and another of the 7 licensed roofing contractors shall represent an association predominately representing retailers. The public member shall not be licensed under this Act or any other Act the Department administers. Each member shall be appointed by the Director. Members shall be appointed who reasonably represent the different geographic areas of the State. Members of the Roofing Advisory Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Roofing Advisory Board, unless the conduct that gave rise to the suit was willful and wanton misconduct.
[November 29, 2000] 18 The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 927 Offered by Representative Dart: WHEREAS, The members of the Illinois House of Representatives are honored to announce acts of heroism by citizens of the State of Illinois; and WHEREAS, Navy Seaman Kenya McCarter of Calumet Park, Illinois, was aboard the United States Navy Destroyer, the USS Cole, when it was bombed by terrorists in the Yemeni Port of Aden in October, 2000; and WHEREAS, Despite being injured, Mr. McCarter went beyond the ranks of duty to rescue other injured sailors who were injured on the USS Cole; and WHEREAS, Navy Seaman Kenya McCarter displayed acts of bravery and courage during one of the most devastating acts of terrorism against the United States; his acts of heroism are not only noted by the State of Illinois, but also by the rest of the country; and WHEREAS, Navy Seaman Kenya McCarter is supported by his loving and proud family in Calumet Park, Illinois; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we honor Navy Seaman Kenya McCarter who displayed acts of heroism during the attack on the United States Navy Destroyer, the USS Cole; and be it further RESOLVED, That a suitable copy of this resolution be presented to Navy Seaman Kenya McCarter as an expression of our esteem. HOUSE RESOLUTION 928 Offered by Representative Hoffman: WHEREAS, The members of the Illinois House of Representatives are pleased to honor The Edwardsville High School soccer team, the Tigers, on winning the Class AA State championship; and WHEREAS, On November 4, 2000, the Tigers entered Norris Stadium in St. Charles, prepared to do battle against New Lenox-Lincolnway at the Downers Grove South Tournament; the battle ended with a 4-1 victory over their opposition and their first State championship; and WHEREAS, The Tigers ended the season with the best record in their history, 25 wins, 3 losses, and 1 tie; and WHEREAS, 3,500 fans gathered to watch Edwardsville take home the title; coach Mark Heiderscheid and his team are to be commended for their hard work and impressive win; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Edwardsville Tigers soccer team on their great season and their first State championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to coach Mark Heiderscheid and the Tigers of Edwardsville High School. HOUSE RESOLUTION 929 Offered by Representative Giles: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Colette Lynn Atkins, who recently passed away; and WHEREAS, Colette Lynn Atkins was born on February 7, 1953; she was educated at Jacob Beidler Elementary School, Providence High School and Saint Catherine of Sienna High School; and WHEREAS, Colette Lynn Atkins graduated from the Cook County School
19 [November 29, 2000] of Nursing in 1973; she received her Bachelor of Science Degree from The College of Saint Francis of August in 1993; and WHEREAS, Colette Lynn Atkins accepted Jesus Christ as her Savior and joined Original Providence Baptist Church in 1973; she served as a member of the Young Adult Choir and the Sanctuary Choir; and WHEREAS, Colette Lynn Atkins was employed at Provident Hospital; and WHEREAS, The passing of Colette Lynn Atkins will be deeply felt by all who knew and loved her, especially her husband, Louis; her parents, William and Roberta Carothers; her daughter, Dolores Anne; her brothers, Isaac (wife, Sharron), William, Jr., and Anthony (wife, Kathie); her three aunts; her uncle; her great aunts, Mattie Thomas (husband, Sam), and Narcissus Moore; her three nieces; her two nephews; her mother-in-law, Josephine Atkins; her seven sisters-in-law; her brother-in-law; and many cousins and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew her, the death of Colette Lynn Atkins; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Colette Lynn Atkins. HOUSE RESOLUTION 930 Offered by Representative Howard: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Ramon Bertell Price, Chief Curator of the DuSable Museum of African American History in Chicago, Illinois; and WHEREAS, Ramon Price was born in Chicago on July 18, 1930; his parents were Ernest Oliver and Bertha Josephine Price; he became interested in art while learning at the South Side Community Art Center and while he was a student at DuSable High School, where he was influenced by the teaching of Dr. Margaret Goss Burroughs; and WHEREAS, Ramon Price was a veteran of the United States Marine Corps; he earned his Bachelor's degree in Art Education from the School of the Art Institute; he received his Master's degree at Indiana University; he was working towards a Ph.D in Art History at the time of his passing; and WHEREAS, Before joining the DuSable Museum, Mr. Price taught at DuSable High School, where he served as Art Department Chairman and Human Relations Coordinator; he was the Art Program Director for American Friends Service Committee Summer Institute; he served as the Program Director at the South Side Community Arts Center; he taught at George Williams College, where he introduced a course in African and African-American Art History; he taught Art History at Indiana University and was guest curator at the University of Illinois at Chicago; and WHEREAS, In 1973 Ramon Price arrived at the DuSable Museum to begin his career as Chief Curator; he was co-founder of the Afro-American Artist Round-Table (AVAR); he was co-founder of The Artists for Senhora Vadete's Settlement House in Salvador de Behai, Brazil; he was a member of the Illinois Arts Council; he was a member of the Chicago Public Library's Harold Washington Archives and Collections Committee; and he was a board member of the Harold Washington Institute for Research and Public Policy; and WHEREAS, Ramon Price received the Simon Ludwigh Award for portraiture while he was an undergraduate student at the School of the Art Institute; his works can be viewed at the State of Illinois collection in Springfield, Illinois, at Indiana University at Bloomington, at the South Side Community Art Center, and the Hilton and
[November 29, 2000] 20 Towers in downtown Chicago; and WHEREAS, Ramon Price was commissioned to do a portrait of Congressman Harold Washington in 1980; "Monument to Black Pride," a bronze work in celebration of the election of three Black Congressional Representatives was commissioned by the Chicago Caucus and a part of the collection at DuSable Museum was also completed by Mr. Price; "Spirit of DuSable", commissioned by the City of Chicago, was also a work by Mr. Price; and WHEREAS, Mr. Price illustrated the children's book, "Singing Black"; he also wrote "A Salute to Margaret Burroughs: We Salute", "Five Works, Four Artists", "Black Art", "Folklore as Source for African-American Art", and a prize winning work for the Negro Digest entitled "Sue"; and WHEREAS, Mr. Price traveled for the DuSable Museum, including a recent trip to the Festival del Caribe in Santiago, Cuba; he traveled to Bahia, Brazil and Africa as a part of his work; and WHEREAS, Ramon Price leaves an important mark on the City of Chicago and on the DuSable Museum and will be greatly missed; he was preceded in death by his brother, the late Mayor Harold Washington; and WHEREAS, He leaves behind to mourn him Gwendolyn Price, Elaine Lake, Patricia Price-Tillmon, Geneva Washington-Watson, and many nieces, nephews, and other family members and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew and were touched by this man, the death of Ramon Bertell Price; and be it further RESOLVED, That a suitable copy of this resolution be presented to the DuSable Museum. HOUSE RESOLUTION 931 Offered by Representative Howard: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of John H. Lehmann, who recently passed away; and WHEREAS, John H. Lehmann was born in Waterproof, Louisiana on March 8, 1932; after the tragic death of his parents he was raised by his maternal grandmother, Gertrude Johnson; after his graduation from grammar school he moved to Chicago and attended Wendell Phillips High School; and WHEREAS, John H. Lehmann entered the United States Army at the age of eighteen, and was sent to Germany where he learned bridge building; after his discharge he went to work for Sterling Wholesale and Hardware; he went on to pass the high school equivalency examination and enrolled in the Institute for Practical Engineering and Trade; and WHEREAS, John H. Lehmann went to work at Mercury Parcel Delivery after finishing his education; he then started his own delivery service, where he was awarded a contract to deliver mail for the U.S. Postal Service; and WHEREAS, John H. Lehmann enjoyed working in his community; he was the founder and president of the Veterans Evening Out Service Club; he was the past commander of the defunct Veteran Bridge Commanders in America; he was an officer in Chapter 6 of the Disabled American Veterans, where he was also a past membership chairman and a delegate to the annual national convention; he also co-chaired the Forget Me Not Tag Day and the Special Events Committee and was transportation coordinator and liaison between Chapter 6 and the Women's Auxiliary; Mr. Lehmann was very proud of his work with the Disabled American Veterans; and WHEREAS, John H. Lehmann worked in his community in the areas of
21 [November 29, 2000] health care, social services, and with schools; he mentored young people and teenage parents and set an example to the young people around him; he was a member of Trinity United Church of Christ, and was supportive of the programs of the church; and WHEREAS, John H. Lehmann was the president and festival coordinator of the Old Timers of Lilydale Community Organization; he was also very proud of his work with the Lilydale and Roseland communities; Mr. Lehmann was an avid morning golfer, a checkers player, and a storyteller, who shared tales of the Army and his experiences; and WHEREAS, John H. Lehmann is survived by his wife, Augustine "Augie"; his daughters, Carol (Joseph) Bilunas, Janice (Howard) Salmon, and Gail Susan Lehmann; his grandchildren, Alexandria, Brianna, and Susan Rachel; the twins that he watched over, Shakeza and Lanita Dalton; his sister, Martha; his nieces, nephews, and cousins; and his many friends and people that were touched by his life; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all that knew and were touched by him, the death of John H. Lehmann; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of John H. Lehmann. HOUSE RESOLUTION 932 Offered by Representative Howard: WHEREAS, The Chicago Crusader newspaper was started in 1940 by the team of Balm L. Leavell and Joseph H. Jefferson; the newspaper was an organ of the Negro Labor Relations League with the intent to fight employment discrimination in the City of Chicago; and WHEREAS, In 1961 Dorothy Leavell, the current editor of the Chicago Crusader, joined forces with the founding crusaders; she began her career as an intern at the newspaper in the summer of 1961 and seven years later became publisher after the death of Balm Leavell; and WHEREAS, The Chicago Crusader newspaper celebrated sixty years of committed service to the City of Chicago on June 9, 2000; this day also marked thirty-nine years of dedicated service from Dorothy Leavell; and WHEREAS, The Chicago Crusader is recognized as one of the City of Chicago's leading institutions and is one of the oldest and most successful Black-owned businesses in the nation; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dorothy Leavell, the dedicated staff, and the many readers of the Chicago Crusader, as together they celebrate the newspaper's sixtieth anniversary; we wish Dorothy Leavell and the staff continued success as they go into the next sixty years, serving as a vital part of the City of Chicago; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dorothy Leavell, editor of the Chicago Crusader. HOUSE RESOLUTION 933 Offered by Representative Howard: WHEREAS, The members of the Illinois House wish to express their sincere condolences to the family and friends of James D. "Jim" Johnson, Jr. of West Union, Illinois, who passed away on October 25, 2000; and WHEREAS, James D. Johnson, Jr. was born on October 31, 1950 in Waukegan, Illinois to James and Nathalie Johnson; and WHEREAS, James D. Johnson, Jr. attended St. Francis DePaul Elementary School and Chicago Vocational High School in Chicago and
[November 29, 2000] 22 Illinois State University in Normal; and WHEREAS, James D. Johnson, Jr. served in the United States Navy on the USS Jouette Battleship Missile Destroyer for one tour in Vietnam; and WHEREAS, James D. Johnson, Jr. was a carpenter for nearly 25 years; he held several positions at various companies, including Inland Steel Company in Chicago, Schwulst Building Construction in Bloomington, and Robinson Marathon Ashland Petroleum Refinery in Robinson, where he was employed at the time of his death; and WHEREAS, James D. Johnson, Jr. was a member of the Carpenter's Union-Local 63; and WHEREAS, The passing of James D. Johnson, Jr. will be deeply felt by all who knew him, especially his mother, Nathalie Johnson; his sister, Angela B. Morris; his brother and sister-in-law, John E. and Alexis Patterson; his nieces, Angel Danielle and Rekia; his nephews, Zachary, David, and Joshua; his great nieces, Angel and Imani; his uncle, Harry Tyner; his cousins, Harry Jr., Larry, Edward, and Denise; and a host of other relatives, friends and neighbors; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of James D. Johnson, Jr. of West Union, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of James D. Johnson, Jr. HOUSE RESOLUTION 934 Offered by Representative Kosel: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestones in the lives of citizens of the State of Illinois; and WHEREAS, Harold Hoyt will be honored as New Lenox citizen of the year by the New Lenox Chamber of Commerce at its annual recognition dinner on December 5, 2000; and WHEREAS, Harold Hoyt was a New Lenox volunteer firefighter for more than 20 years; he has been active in the New Lenox United Methodist Church; and he has performed many small tasks for the community, such as plowing snow for senior citizens during the winter and helping with events like the Relay for Life, which pays tribute to cancer survivors; and WHEREAS, Harold Hoyt worked as a butcher and later as a manager of the former Dee and Ed's Grocery Store; in 1971 he created an ice cream and sandwich shop, Frosties, as a hobby, but the store quickly blossomed into a popular gathering place for New Lenox families and members of youth athletic teams; he can often be found working at the shop where he has created about 100 jobs over the years for many young people; and WHEREAS, A resident of New Lenox since he was a boy, Mr. Hoyt has sponsored numerous youth teams and local programs over the years; the Boy Scouts, the Girl Scouts, New Lenox Park District programs and other organizations have either taken tours through the shop or have gone on field trips to Frosties; and WHEREAS, Harold Hoyt is supported by his loving and proud family which include his wife, Teri; his sons, Douglas and David; and his mother, Margaret; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Harold Hoyt for being honored as New Lenox Citizen of the year by the New Lenox Chamber of Commerce for his dedicated service to the families of New Lenox; and be it further
23 [November 29, 2000] RESOLVED, That a suitable copy of this resolution be presented to Harold Hoyt as an expression of our esteem. HOUSE RESOLUTION 935 Offered by Representative Kosel: WHEREAS, The Members of the House of Representatives are pleased to honor milestone dates in the history of education in the state of Illinois; and WHEREAS, Lincoln-Way Community High School, District 210, will be commemorating its 50-year anniversary which will take place in 2001; and WHEREAS, The Lincoln-Way Community High School was organized in 1951 by the voters residing in the ninety-square mile area; prior to 1951, this area did not have a local high school district; and WHEREAS, In June 1952, another election provided for the approval and construction of the present seventy-acre campus in New Lenox; construction started in March, 1953, and Lincoln-Way opened its doors to students for the first time on September 7, 1954; and WHEREAS, In 1964 the Board of Education purchased a site located in Frankfort; in December 1974, the voters passed a bond issue to develop the new freshman-sophomore building on the Frankfort site; this facility opened it doors in the fall of 1977 to house the freshman and sophomores from the east side of the district; and WHEREAS, site purchases and building programs have been an essential part of Lincoln-Way's history because of continuous growth; Lincoln-Way's enrollment has increased from 304 original students to approximately 4,898 students during the school's existence; in November 1992, voters agreed to double the size of the East Campus in Frankfort to accommodate growth; facilities that were added included a 48 classroom academic wing, a field house and an auditorium to the East Campus and a field house for the Central Campus; this expansion was completed in March 1955; in 1993 the Board of Education purchased 80 acres in Manhattan Township for a future high school site; and WHEREAS, starting with the 1996 school year, students from the Cherry Hill section of New Lenox Township were annexed to Lincoln-Way High School; also in 1996, the District 210 School Board purchased an additional 76 acres for a future high school at 191st and Harlem Avenue; annexation of Jackson Township in 1999 added the entire Manhattan elementary district to Lincoln-Way School District 210 making the current school boundaries encompass 105 square miles; and WHEREAS, In 1998, citizens of District 210 approved a 60 million dollar building bond referendum to split the existing high school into two separate four year high schools, to add an academic wing with 50 classrooms to each of the existing two schools, to put a fine arts auditorium and music classrooms at Central and to build a swimming pool at each campus; and WHEREAS, the Lincoln-Way Community High School District was nationally recognized for academic excellence and their high level of community support when recognized by "Money Magazine" as one of the nation's top 155 high schools and "Redbook Magazine" as part of its America's Best Schools Project in the category of excellence in Parenting/Community Involvement; and WHEREAS, in the fall of 2001, Lincoln-Way Community High School will split into two four-year schools, named Lincoln-Way Central High School and Lincoln-Way East High School; Lincoln-Way Central High School will remain the "Knights" with their colors of red and black while Lincoln-Way East School will become the "Griffins" and their colors will be cobalt blue, black and white; and WHEREAS, on January 7, 2001, Lincoln-Way High School will have a
[November 29, 2000] 24 dedication ceremony in the School Auditorium at 2:00 p.m. to commemorate an extended celebration of the 50 years existence for Lincoln-Way Community High School District #210, therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Lincoln-Way Community High School on its 50th anniversary of service to the communities of Frankfort, Frankfort Square, Manhattan, Mokena, New Lenox and parts of Joliet and Tinley Park; and be it further RESOLVED, that a suitable copy of this resolution be presented to the Board of Education, Lawrence A. Wyllie, the Superintendent of Lincoln-Way Community High School District #210, and to the principals of Lincoln-Way East and Lincoln-Way Central High Schools as an expression of our esteem. HOUSE RESOLUTION 936 Offered by Representative Feigenholtz - Erwin - Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Ben A. Borenstein, who recently passed away; and WHEREAS, Ben A. Borenstein was the founder and retired chairman of the board of BABCO Construction Company in Evanston, and the president of Ben A. Borenstein Consulting Co. Ltd; and WHEREAS, Ben A. Borenstein was past chairman of the board and past general chairman of the State of Israel Bonds Organization; he served on the boards of the Jewish National Fund, the Friends of Israel Defense Forces, the American Jewish Committee, the Chicago Loop Synagogue, the National Conference of Christians and Jews, the Lake Shore Drive Synagogue, the Cook County Hate Crimes Commission, and the State of Illinois Department of Professional Regulation/Real Estate Administration and Disciplinary Board; he was also a Silver Circle member of the Jewish United Fund; and WHEREAS, Ben A. Borenstein was the recipient of the Civic Leadership Award of the American Jewish Committee and the State of Israel Bonds Prime Minister's Medal; and WHEREAS, Ben A. Borenstein was an advisory board member of the Academy of Performing and Visual Arts; he was a member of the Builders Association of Chicago, the Associated General Contractors of America, the Carpenters' Union, Decalogue Lodge No. 160 of the Masons, the Medinah Shrine Temple, and the Standard Club; and WHEREAS, The passing of Ben A. Borenstein will be felt by who knew him, especially his wife, Lee; his children, Barbara Jean Johnson and Robin Blake Ettinger; his stepchildren, Jeffrey, Todd, and Robert Jacobs; and his friends and colleagues; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Ben A. Borenstein of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Ben A. Borenstein. HOUSE RESOLUTION 937 Offered by Representative Cowlishaw: WHEREAS, It has come to our attention that Delores Newman, M.S. will be retiring on December 31, 2000 from her position of Associate Secretary for the Department of Human Services; and WHEREAS, On May 10, 1999, Ms. Newman, M.S., was appointed by the Governor of Illinois, to the position of Associate Secretary, for the Department of Human Services; and
25 [November 29, 2000] WHEREAS, Prior to this appointment, in 1995, Ms. Newman was appointed to the position of Facility Director/Network Manager at the Tinley Park Mental Health Center making her responsible for the Counties of Will, Grundy, Kankakee, South Suburban and South Cook; during her tenure as Network Manager, many positive changes occured in the overall structure and operation of this network; she has served the Department for 34 years in various capacities; and WHEREAS, Delores Newman, M.S. began her career as a Child Care Aide at the Illinois Pediatric Institute; over the years she acquired in-service training and experience which resulted in advancing to the following classifications: Mental Health Specialist, Labor Relations Administrator, Administrative Assistant, Mental Health Administrator and Community Systems Liaison; and WHEREAS, Delores Newman, M.S. received her B.A. Degree from Chicago State University and completed her Master's Degree in Health Management; she served as the Executive Assistant to five facility directors at Madden Mental Health Center for over 16 years; prior to joining the staff at Tinley Park Mental Health Center, she served as the Assistant Facility Director at Chicago-Read Mental Health Center; and WHEREAS, The distinguished honors and awards that Delores Newman, M.S. has received over the years include: Who's Who in Government Services, Outstanding Life Experience Achievement Award from Chicago State University, Honor Award in the Study of Coiffure Designing, Certificate of Appreciation for Outstanding Services and Contribution to Volunteer Clergy, Certificate of Special Recognition from Community Mental Health Council, a nomination by the Will County Health Department for the Robert Wood Johnson Community Health Leadership Program 1998 Award, Faculty Appointment to the University of Chicago's Department of Psychiatry as a Lecturer in 1998, Women of Excellence Award in 1998, and a nomination for "Women at the Top of the Game" in October, 1999; and WHEREAS, Delores Newman's, M.S. publications include: "A Valuable Resource for a Restricted Health Care Economy", "Analyzing Employees' Attitudes in Regards to the Performance Appraisal Process", and "A View into a Modern State Operated Mental Health Facility - The Madden Zone Center"; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we commend Delores Newman, M.S. for her dedicated service in the field of Mental Health Services and on her retirement from the Department of Human Services; and be it further RESOLVED, That a suitable copy of this resolution be presented to Delores Newman, M.S. as an expression of our esteem. HOUSE RESOLUTION 938 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois of Representatives have received word that Bob Hogue, village manager of Glencoe, Illinois, will retire on December 1, 2000; and WHEREAS, Mr. Hogue joined the staff in Glencoe in 1989, where he served as director of public works until 1995; in July of 1995 he took the position of village manager; and WHEREAS, Mr. Hogue is a veteran of the Vietnam War, where he served as a captain in the United States Army Corp of Engineers; he received a Purple Heart and a bronze star during his time of service; and WHEREAS, Mr. Hogue has a degree in civil engineering from the University of Missouri and a Master's degree in engineering management from the University of Tulsa; and
[November 29, 2000] 26 WHEREAS, Projects he worked on as village manager include the Dundee Road project, the East Diversion Ditch project, Green Bay Road, the Public Works Garage renovation, the Five-year Comprehensive Plan, and the Five-year Financial Plan; and WHEREAS, Bob Hogue and his wife, Cathy, reside in Libertyville, Illinois; they have two sons, Rob and Jim; and one grandson, Nicholas; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Bob Hogue on his retirement as the village manager of Glencoe, Illinois and commend him for his hard work and dedication; and be it further RESOLVED, That a suitable copy of this resolution be presented to Bob Hogue. HOUSE RESOLUTION 939 Offered by Representative Schoenberg: WHEREAS, The institution of marriage is one of the cornerstones upon which our society is built, and a marriage that has achieved a notable longevity is truly a model for the people of the State of Illinois; and WHEREAS, It has come to our attention that Mr. and Mrs. Richard Sullivan of Wilmette, Illinois, will celebrate the fiftieth anniversary of their marriage; and WHEREAS, Richard C. Sullivan and Mary Patricia Sullivan were united in holy matrimony on October 7, 1950; and WHEREAS, They are the loving parents of Rick, Tom, Tim, Liz, Bill, Steve, Mike, Pete, and John; and the grandparents of Kate, Stephanie, Charlotte, Michelle, Amy, Claire, Sandra, Danny, Paige, Jill, and Maggie; and WHEREAS, The respect for marriage reaches one of its highest plateaus when a couple such as Richard and Mary celebrate their golden wedding anniversary; and WHEREAS, Richard and Mary stand as examples of the best of our society, and their love and devotion to each other and to their family and friends serve as a reminder to all that hard work, dedication, and love can make a difference in today's world; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Richard and Mary Sullivan on the occasion of their fiftieth wedding anniversary; that we commend them for achieving a long and happy marriage, blessed with children and grandchildren and rich in friendships; and that we wish them happiness and good health in the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to them as an expression of our respect and esteem. HOUSE RESOLUTION 940 Offered by Representative Schoenberg: WHEREAS, The members of the Illinois House of Representatives wish to express their sincere condolences to the family and friends of Norman Amaker, who passed away June 7, 2000; and WHEREAS, Norman Amaker was a Loyola University law professor whose experience during the heyday of the civil rights movement provided a living link between modern law students and such civil rights luminaries as Martin Luther King, Jr. and United States Supreme Court Justice Thurgood Marshall; and WHEREAS, In 1965, Norman C. Amaker was among the few staff attorneys dispatched by the NAACP Legal Defense Fund to represent those
27 [November 29, 2000] injured and arrested; two years prior, when the group of civil rights lawyers numbered 35, he was faced with the daunting task of advocating for some 10,000 or more demonstrators arrested throughout the South; when Rev. Martin Luther King, Jr. drafted his "Letter from a Birmingham Jail" the same year, it was Mr. Amaker who took it from him, carried it out of the jail and placed the manuscript into the waiting hands of the printer; and WHEREAS, Mr. Amaker had been hired into the Legal Defense Fund by soon-to-be United States Supreme Court Justice Thurgood Marshall, and in 10 years with the group, Mr. Amaker argued or had a hand in a number of cases that ultimately would be decided before the nation's high court; he had a front row seat to many events of the civil rights movement, and in any case was intimately familiar with the personalities and the legal issues interweaving them; and WHEREAS, At Loyola University, Mr. Amaker's influence in civil rights circles helped attract numbers of famous speakers to the university; he was considered an expert on civil rights law and federal civil procedures; his writings, which include the critical 1987 book "Civil Rights and the Regan Administration" lent a moral perspective to the body of law that deals with civil rights; and WHEREAS, Mr. Amaker was a person motivated by a deep-seated sense of fairness; he had a reputation for being a compassionate counselor in private; and WHEREAS, Growing up in Harlem, Mr. Amaker had been involved in politics since he was a teen, passing out leaflets and working with his father on social issues through the neighborhood church; he was influenced by the community activism of the late Harlem minister and New York congressman, Adam Clayton Powell; he attended Columbia University Law School after graduating from Amherst College in 1956; he earned his law degree three years later and was almost immediately swept up in the civil rights movement; and WHEREAS, Those experiences led to Norman Amaker's involvement in the Neighbborhood Legal Services Program in Washington, D.C., where he was executive director beginning in 1971; two years later, he served briefly as general counsel for the National Committee Against Discrimination in Housing; he joined the faculty at Loyola University in 1976, after previously teaching in the law schools of the University of Maryland and Rutgers University; and WHEREAS, Norman Amaker co-founded the Midwestern People of Color Legal Scholarship Conference in the early 1990's, which was designed to provide both mentoring and academic feedback to the scholarly writings of minority law professors; throughout his career, he mentored both students and junior faculty members; and WHEREAS, The passing of Norman Amaker will be deeply felt by all who knew and loved him, especially his wife, Mattie Amaker; his daughters, Alicia and Alana, and his son, Arthur; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Norman C. Amaker of Skokie, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Norman C. Amaker. HOUSE RESOLUTION 941 Offered by Representative Schoenberg: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that Adam Rubenstein and Mack Reynolds recently won the tennis doubles State championship; and WHEREAS, Adam and Mack are sophomores at New Trier High School;
[November 29, 2000] 28 Adam became the seventh player in Illinois State High School Association history to win a State crown with more than one partner; and WHEREAS, New Trier Coach Tim Kajifez and his team also had a fourth place finish in singles by Paul Rose, five victories for the doubles team of Yusuke Amamoto and Brett Karzen, and four wins in singles for Joe Smeeton; and WHEREAS, The win marked New Trier's fourth State title in five years and the seventeenth in the school's history; and WHEREAS, The tennis players of New Trier High School are to be commended for their hard work and their determination to win; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Adam Rubenstein, Mack Reynolds, Paul Rose, Yusuke Amamoto, Brett Karzen, Joe Smeeton, and Coach Tim Kajifez on their winning season; and be it further RESOLVED, That a suitable copy of this resolution be presented to the New Trier Tennis team and Coach Tim Kajifez. HOUSE RESOLUTION 943 Offered by Representative Mautino: WHEREAS, The members of the Illinois House of Representatives are pleased to honor milestone dates in the history of organizations in the State of Illinois; and WHEREAS, The Benevolent Protective Order of Elks, Lodge 588 of Ottawa, Illinois, was chartered on June 1, 1900, and is celebrating its 100th Anniversary; and WHEREAS, For 100 years the members of the Benevolent Protective Order of Elks, Lodge 588, have raised and disbursed funds to charitable causes including the Illinois Elks Crippled Children Corps, the Elks National Foundation, and other local charitable events; and WHEREAS, The amount contributed to these charities for the betterment of our youth by Lodge 588 in Ottawa is among the highest per capita of service organizations in the State of Illinois; and WHEREAS, The members of Lodge 588 in Ottawa contribute thousands of hours annually for charitable causes; and WHEREAS, The current officers of Elks Lodge 588 in Ottawa are Vince Pitstick, Exalted Ruler; Don Leipold, Leading Knight; Bill Sipula, Loyal Knight; Kelly Magoonaugh, Lecturing Knight; Jean Peterson, Secretary; and Don Grubaugh, Treasurer; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize and congratulate Lodge 588 of the Benevolent Protective Order of Elks on their 100th Anniversary of their Charter; and be it further RESOLVED, That a suitable copy of this resolution be presented to the members of the Benevolent Protective Order of Elks, Lodge 588. HOUSE RESOLUTION 944 Offered by Representative Howard: WHEREAS, The Illinois House of Representatives are pleased to announce outstanding academic achievements in the State of Illinois; and WHEREAS, George Washington High School's Mock Trial Program has achieved an outstanding record of success since its establishment in 1988; and WHEREAS, Washington High School's impressive Law and Government Program emphasizes skill in the trial phase of litigation; students
29 [November 29, 2000] apply their classroom knowledge of procedure and evidence, and act as attorneys and witnesses in fictitious case scenarios; the exercise approximates the realities of courtroom practice; and WHEREAS, Involvement in mock trials also provides an introduction to the legal or political community, through contact with the practicing attorneys and judges who oversee the sessions; outstanding performances can be impressive to colleges as well as future employers; and WHEREAS, Washington High School's Law and Government Program has competed in mock trials sponsored by the Illinois State Bar Association, CCLRE, and the CRFC since 1988, and has compiled an impressive and continuous record of victories in its 12 year existence; and WHEREAS, Many students from Washington High School who have participated in the mock trial program have earned national recognition and college scholarships based on their performances; and WHEREAS, Washington High School's Mock Trial Team is coached by instructor, Rod Sellers and by attorney volunteer coach, George L. Tamvakis; together they have coached their team to extensive victories in the program's 12 year existence; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Washington High School on its achievement and success in the Mock Trial Program; and be it further RESOLVED, That a suitable copy of this resolution be presented to George Washington High School and the coaches of Washington High School's Mock Trial program, Rod Sellers and George L. Tamvakis. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 11:15 o'clock a.m. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Burke moved that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 1404, by adoption of the following amendment: AMENDMENT TO SENATE BILL 1404 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1404 as follows: on page 4, by deleting lines 18 and 19; and on page 4, below line 23, by inserting the following: "(c) Audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act are exempt from licensure under this Act, but are otherwise subject to the practices and provisions of this Act.". And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) The motion, having received the votes of three-fifths of the Members elected, prevailed and the House concurred with the Senate in the adoption of the Governor's Specific Recommendations for Change. Ordered that the Clerk inform the Senate.
[November 29, 2000] 30 CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 3617, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3617. Ordered that the Clerk inform the Senate. ACTION ON VETO MOTIONS Pursuant to the Motion submitted previously, Representative Schoenberg moved that the House concur with the Senate in the acceptance of the Governor's Specific Recommendations for Change to SENATE BILL 1382, by adoption of the following amendment: AMENDMENT TO SENATE BILL 1382 IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS Amend Senate Bill 1382 on page 1, by replacing line 28 with the following: "property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred". And on that motion, a vote was taken resulting as follows: 109, Yeas; 5, Nays; 1, Answering Present. (ROLL CALL 4) The motion, having received the votes of a constitutional majority of the Members elected, prevailed and the House concurred with the Senate in the adoption of the Governor's Specific Recommendations for Change. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1975. Having been printed, was taken up and read by title a second time. Floor Amendment No. 1 remained in the Committee on Rules. There being no further amendments, the bill was ordered held on the order of Second Reading. SENATE BILL 1276. Having been printed, was taken up and read by title a second time. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1276 AMENDMENT NO. 1. Amend Senate Bill 1276 by replacing the title with the following: "AN ACT in relation to taxation."; and by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Section
31 [November 29, 2000] 9-45 and adding Sections 10-231, 10-232, 10-233, 10-233.5, 10-233.6, and 10-234 as follows: (35 ILCS 200/9-45) Sec. 9-45. Property index number system. The county clerk in counties of 3,000,000 or more inhabitants and, subject to the approval of the county board, the chief county assessment officer or recorder, in counties of less than 3,000,000 inhabitants, may establish a property index number system under which property may be listed for purposes of assessment, collection of taxes or automation of the office of the recorder. The system may be adopted in addition to, or instead of, the method of listing by legal description as provided in Section 9-40. The system shall describe property by township, section, block, and parcel or lot, and may cross-reference the street or post office address, if any, and street code number, if any. The county clerk, county treasurer, chief county assessment officer or recorder may establish and maintain cross indexes of numbers assigned under the system with the complete legal description of the properties to which the numbers relate. Index numbers shall be assigned by the county clerk in counties of 3,000,000 or more inhabitants, and, at the direction of the county board in counties with less than 3,000,000 inhabitants, shall be assigned by the chief county assessment officer or recorder. Tax maps of the county clerk, county treasurer or chief county assessment officer shall carry those numbers. The indexes shall be open to public inspection and be made available to the public. Any property index number system established prior to the effective date of this Code shall remain valid. However, in counties with less than 3,000,000 inhabitants, the system may be transferred to another authority upon the approval of the county board. Any real property used for a power generating or automotive manufacturing facility located within a county of less than 1,000,000 inhabitants, as to which litigation with respect to its assessed valuation or taxation is pending or was pending as of January 1, 1993, may be the subject of a real property tax assessment settlement agreement among the taxpayer and taxing districts in which it is situated. Other appropriate authorities, which may include county and State boards or officials, may also be parties to such an agreement. Such an agreement may include the assessment of the facility for any years in dispute as well as for up to 10 years in the future. Such an agreement may provide for the settlement of issues relating to the assessed value of the facility and may provide for related payments, refunds, claims, credits against taxes and liabilities in respect to past and future taxes of taxing districts, including any fund created under Section 20-35 of this Act, all implementing the settlement agreement. Any such agreement may provide that parties thereto agree not to challenge assessments as provided in the agreement. An agreement entered into on or after January 1, 1993 may provide for the classification of property that is the subject of the agreement as real or personal during the term of the agreement and thereafter. It may also provide that taxing districts agree to reimburse the taxpayer for amounts paid by the taxpayer in respect to taxes for the real property which is the subject of the agreement to the extent levied by those respective districts, over and above amounts which would be due if the facility were to be assessed as provided in the agreement. Such reimbursement may be provided in the agreement to be made by credit against taxes of the taxpayer. No credits shall be applied against taxes levied with respect to debt service or lease payments of a taxing district. No referendum approval or appropriation shall be required for such an agreement or such credits and any such obligation shall not constitute indebtedness of the taxing district for purposes of any statutory limitation. The county collector shall treat credited
[November 29, 2000] 32 amounts as if they had been received by the collector as taxes paid by the taxpayer and as if remitted to the district. A county treasurer who is a party to such an agreement may agree to hold amounts paid in escrow as provided in the agreement for possible use for paying taxes until conditions of the agreement are met and then to apply these amounts as provided in the agreement. No such settlement agreement shall be effective unless it shall have been approved by the court in which such litigation is pending. Any such agreement which has been entered into prior to adoption of this amendatory Act of 1988 and which is contingent upon enactment of authorizing legislation shall be binding and enforceable. (Source: P.A. 88-455; 88-535; 88-670, eff. 12-2-94.) (35 ILCS 200/10-231 new) Sec. 10-231. Definitions. As used in this Division, unless the context otherwise requires: "Electric generating station" means a station constructed and designed to generate electricity and that was owned, as of November 1, 1997, by an electric utility as defined in Section 16-102 of the Public Utilities Act. "Non-nuclear electric generating station" means an electric generating station other than an electric generating station that generates electricity using the fission of uranium. "Transition period" means the period beginning on January 1, 2001 and ending on December 31, 2005. (35 ILCS 200/10-232 new) Sec. 10-232. Assessment of electric generating stations. During the transition period, the real property assessment with respect to a non-nuclear electric generating station is as follows: (1) if there is a settlement agreement entered into under Section 9-45 that provides for the assessment of the non-nuclear electric generating station's real property for that year, the assessment provided for in the agreement; or (2) if there is no settlement agreement entered into under Section 9-45 that provides for the assessment of the non-nuclear electric generating station's real property for that year, then 33 1/3% of the fair cash value of the real property, but in no event shall (i) the assessment for assessment year 2001 increase over or decrease from the assessment for assessment year 1999 by more than 20% or (ii) the assessment for assessment years 2002 through 2005 increase over or decrease from the assessment for the prior assessment year by more than 20%. (35 ILCS 200/10-233 new) Sec. 10-233. Assessment during and after the transition period. (a) During the transition period, the assessed valuation of a non-nuclear electric generating station's real property is not subject to application of any equalization factor set by the Department of Revenue or local assessment officers. During this period, the equalized assessed valuation of the real property of a non-nuclear electric generating station shall be the same as its assessed valuation. (b) For the 2006 assessment year and thereafter, the property of all non-nuclear electric generating stations shall be assessed based upon its fair cash value and without regard to Section 10-232 or subsection (a) of this Section. (35 ILCS 200/10-233.5 new) Sec. 10-233.5. Exclusions. The provisions of Sections 10-231, 10-232, 10-233, and 10-233.6 do not apply to non-nuclear electric generating stations in counties with a population of more than 3,000,000 inhabitants. (35 ILCS 200/10-233.6 new)
33 [November 29, 2000] Sec. 10-233.6. Applicability. To the extent that Sections 10-231, 10-232, and 10-233 are in conflict with other provisions of the Property Tax Code, the provisions of Sections 10-231, 10-232, and 10-233 control. (35 ILCS 200/10-234 new) Sec. 10-234. Inseverability. The provisions of this amendatory Act of the 91st General Assembly are mutually dependent and inseverable. If any provision is held invalid other than as applied to a particular person or circumstance, then this entire amendatory Act is invalid. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was held on the order of Second Reading. RECALLS By unanimous consent, on motion of Representative Saviano, SENATE BILL 368 was recalled from the order of Third Reading to the order of Second Reading and held on that order. RESOLUTIONS HOUSE RESOLUTION 928 was taken up for consideration. Representative Hoffman moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 879 was taken up for consideration. Representative Woolard moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 887 was taken up for consideration. Representative Andrea Moore moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 883 was taken up for consideration. Representative Hoffman moved the adoption of the resolution. The motion prevailed and the Resolution was adopted, as amended. HOUSE RESOLUTIONS 911, 912, 913, 914, 915, 917, 918, 919, 920, 925, 926, 927, 929, 930, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941, 943 and 944 wew taken up for consideration. Representative Currie moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. RECESS At the hour of 12:46 o'clock p.m., Representative Currie moved that the House do now take a recess until 3:00 o'clock p.m. The motion prevailed. At the hour of 3:04 o'clock p.m., the House resumed its session. Representative Speaker in the Chair. RESOLUTION
[November 29, 2000] 34 The following resolutions were offered and placed in the Committee on Rules. HOUSE JOINT RESOLUTION 77 Offered by Representative Woolard: WHEREAS, The State Board of Education has filed its report, dated September 29, 2000, with the Senate, the House of Representatives, and the Secretary of State of Illinois as required by Section 2-3.25g of the School Code; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the request made by North Pekin-Marquette Heights SD 102-Tazewell with respect to non-resident tuition, identified in the report filed by the State Board of Education as request WM100-1460, is disapproved. HOUSE JOINT RESOLUTION 78 Offered by Representative Delgado: WHEREAS, The State Board of Education has filed its report, dated September 29, 2000, with the Senate, the House of Representatives, and the Secretary of State of Illinois as required by Section 2-3.25g of the School Code; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the request made by Danville CCSD 118-Vermillion with respect to physical education, identified in the report filed by the State Board of Education as request WM300-1512, is disapproved; and be it further RESOLVED, That the request made by Ewing-Northern CCD 115-Franklin with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1543, is disapproved; and be it further RESOLVED, That the request made by Westville CUSD 2-Vermillion with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1547, is disapproved; and be it further RESOLVED, That the request made by Worth SD 127-Cook with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1563, is disapproved; and be it further RESOLVED, That the request made by Ridgeview CUSD 19-McLean with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1568-2, is disapproved; and be it further RESOLVED, That the request made by Casey-Westfield CUSD 4C-Clark with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1581-3, is disapproved; and be it further RESOLVED, That the request made by Millstadt CCSD 160-St. Clair with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1587, is disapproved; and be it further RESOLVED, That the request made by Tuscola CUSD 301-Douglas with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1593-1, is disapproved; and be it further RESOLVED, That the request made by Woodland CCSD 50-Lake with respect to physical education, identified in the report filed by the
35 [November 29, 2000] State Board of Education as request WM100-1612, is disapproved; and be it further RESOLVED, That the request made by Indian Prairie CUSD 204-DuPage with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1618, is disapproved; and be it further RESOLVED, That the request made by Chicago Ridge SD 127-5-Cook with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1619, is disapproved; and be it further RESOLVED, That the request made by Wilmington CUSD 209U-Will with respect to physical education, identified in the report filed by the State Board of Education as request WM100-1632, is disapproved. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 3:06 o'clock p.m. SENATE BILLS ON SECOND READING SENATE BILL 575. Having been recalled on May 7, 1999, and held on the order of Second Reading, the same was again taken up. Committee Amendment No. 1 remains in the Committee on Local Government. Floor Amendment No. 2 remains in the Committee on Rules. Representative Art Turner offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 575 AMENDMENT NO. 3. Amend Senate Bill 575 by replacing the title with the following: "AN ACT in relation to sports facilities."; and by replacing everything after the enacting clause with the following: "ARTICLE 5. Section 5-1. Short title. This Act may be cited as the Metro-East Sports Facilities Authority Law. References in this Article to "this Law" mean this Article. Section 5-5. Definitions. In this Act: "Authority" means the Metro-East Sports Facilities Authority. "Facility" means any of the following: (1) Stadiums, arenas, or other structures for the holding of athletic contests or events, including baseball, football, and automobile racing; musical, dramatic, and other artistic, or social events. (2) Practice fields, or other areas where professional sports teams may practice or perform. "Facility" also means the following types of property if that property is directly related to an item listed in paragraphs (1) or (2) of this definition: (i) Offices, parking lots and garages, access roads, transportation facilities, restaurants, and stores. (ii) Other recreation areas. (iii) Other property or structures, including all fixtures, furnishings, and appurtenances normally associated with such facilities.
[November 29, 2000] 36 "Loan agreement" means a legally binding contract between the Authority and an owner of a facility, pursuant to which the Authority agrees to make loans to the owner for the purpose of (i) constructing, acquiring, operating, repairing, rehabilitating, or managing a facility and the site on which a facility is or is to be located, which facility or site must be located in Madison or St. Clair County, and (ii) infrastructure improvements related to the facility. Section 5-10. Legislative finding and declaration. The General Assembly finds that as a result of deteriorating infrastructure and sports facilities in the metropolitan area including and surrounding Madison and St. Clair counties, there is a shortage of sports facilities suitable for use by professional sports teams and other musical, theatrical, and other social organizations. It is further found that as a result of the costs to repair or replace the infrastructure and facilities, and as a result of current high financing costs, the private sector, without the assistance contemplated in this Act, is unable to construct feasibly adequate sports facilities. It is further found that the creation of modern sports facilities and the other results contemplated by this Act would stimulate economic activity in the State of Illinois, including the creation and maintenance of jobs, the creation of new and lasting infrastructure and other improvements, and the retention of sports and entertainment events that generate economic activity. It is further found that professional sports facilities can be magnets for substantial interstate tourism resulting in increased retail sales, hotel and restaurant sales, and entertainment industry sales, all of which increase jobs and economic growth. Section 5-15. Authority and Board created. (a) The Metro-East Sports Facilities Authority is created as a political subdivision, unit of local government, body politic, and municipal corporation. (b) The governing and administrative powers of the Authority shall be vested in a body known as the Metro-East Sports Facilities Authority Board. The Board shall consist of 8 members: (1) A Chair, who shall be appointed by the Governor subject to the approval of the Chair of the Madison County Board and the Chair of the St. Clair County Board. (2) Three additional members appointed by the Governor. (3) Two members appointed by the Chair of the Madison County Board. (4) Two members appointed by the Chair of the St. Clair County Board. All gubernatorial appointments, including the Chair, shall be subject to the advice and consent of the Senate, except in the case of temporary appointments as provided in Section 5-20. No member shall be employed by the State or any political subdivision of the State or by any department or agency of the State or any political subdivision of the State. Section 5-20. Terms of appointments. (a) On the effective date of this Act: (1) The Governor shall appoint the Chair for an initial term expiring July 1, 2004, and 3 other members of the Board for initial terms expiring July 1 of the years 2002, 2003, and 2004, respectively. (2) The Chair of the Madison County Board shall appoint 2 members of the Board for initial terms expiring July 1 of the years 2002 and 2003, respectively. (3) The Chair of the St. Clair County Board shall appoint 2 members of the Board for initial terms expiring July 1 of the years
37 [November 29, 2000] 2002 and 2003, respectively. (b) At the expiration of the term of any member appointed by the Governor, the Governor shall appoint the member's successor in the same manner, and at the expiration of the term of any member appointed by the Chair of the Madison County Board or the Chair of the St. Clair County Board, the appointing Chair shall appoint the member's successor in the same manner, as appointments for the initial terms. All successors shall hold office for a term of 3 years from the first day of July of the year in which they are appointed, except in the case of an appointment to fill a vacancy. Each member, including the Chair, shall hold office until the expiration of the member's term and until the member's successor is appointed and qualified. Nothing shall preclude a member or a Chair from serving consecutive terms. (c) Vacancies for members and for the Chair shall be filled in the same manner as original appointments for the balance of the unexpired term. Section 5-25. Actions of the Authority. (a) Six members of the Authority constitute a quorum for the purpose of conducting business. Actions of the Authority must receive the affirmative vote of at least 6 members. The Authority shall determine the times and places of its meetings. The members of the Authority shall serve without compensation for service as a member but are entitled to reimbursement of reasonable expenses incurred in the performance of their official duties. (b) The Authority shall annually elect a secretary and a treasurer. (c) An executive committee made up of 4 members, comprised of the Chair, one other member who was appointed by the Governor, one member who was appointed by the Chair of the Madison County Board, and one member who was appointed by the Chair of the St. Clair County Board, have the authority to operate the Authority on a day-to-day basis, with the powers and duties determined by the bylaws of the Authority. Section 5-30. Executive Director. The Authority shall appoint an Executive Director, who is the chief executive officer of the Authority. In addition to any other duties set forth in this Act, the Executive Director shall do the following: (1) Direct and supervise the administrative affairs and activities of the Authority, in accordance with its rules, regulations, and policies. (2) Attend meetings of the Authority. (3) Keep minutes of all proceedings of the Authority. (4) Approve all accounts for salaries, per diem payments, and allowable expenses of the Authority and its employees and consultants and approve all expenses incidental to the operation of the Authority. (5) Report and make recommendations to the Authority on the merits and status of any proposed facility. (6) Perform any other duty that the Authority requires for carrying out the provisions of this Act. Section 5-35. Powers. (a) In addition to the powers set forth elsewhere in this Act, the Authority may do the following: (1) Adopt and alter an official seal. (2) Sue and be sued, plead and be impleaded, all in its own name, and agree to binding arbitration of any dispute to which it is a party. (3) Adopt bylaws, rules, and regulations to carry out the provisions of this Act. (4) Maintain an office or offices at the place the Authority may designate.
[November 29, 2000] 38 (5) Employ, either as regular employees or independent contractors, consultants, engineers, architects, accountants, attorneys, financial experts, construction experts and personnel, superintendents, managers and other professional personnel, and such other personnel as may be necessary in the judgment of the Authority, and fix their compensation. (6) Acquire, hold, lease, use, encumber, transfer, or dispose of real and personal property, including the alteration of or demolition of improvements to real estate. (7) Enter into contracts of any kind. (8) Enter into one or more loan agreements with an owner of a facility that conform to the requirements of this Act and that may contain provisions as the Authority shall determine, including, without limit: (i) provisions granting the owner the right and option to extend the term of the loan agreement; (ii) provisions creating an assignment and pledge by the Authority of certain of the Authority's revenues and receipts to be received under this Act for the benefit of the owner of the facility as further security for performance by the Authority of its obligations under the loan agreement; and (iii) provisions requiring the establishment of reserves by the Authority or by the owner, or both, as further security for the performance of their respective obligations under the loan agreement. (9) Borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds, or interest, and to mortgage, pledge or otherwise encumber the property or funds of the Authority and to contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letters of credit, or insurers and enter into reimbursement agreements with this person which may be secured as if money were borrowed from the person. (10) Receive and accept from any private or public source, contributions, gifts, or grants of money or property. (11) Make loans from proceeds or funds otherwise available to the extent necessary or appropriate to accomplish the purposes of the Authority. (12) Provide for the insurance of any property, operations, officers, agents, or employees of the Authority against any risk or hazard and provide for the indemnification of its members, employees, contractors, or agents against any and all risks. (13) Provide relocation assistance and compensation for landowners and tenants displaced by any land acquisition by the owner who has entered into a loan agreement, including the acquisition of land and construction of replacement housing on that land as the Authority shall determine. (14) Exercise all the corporate powers granted Illinois corporations under the Business Corporation Act of 1983, except to the extent that powers are inconsistent with those of a body politic and corporate of the State. (15) Do all things necessary or convenient to carry out the powers granted by this Act. (b) The Authority may not construct or enter into a contract to construct a facility. (c) The Authority may adopt rules pursuant to the Illinois Administrative Procedure Act as are necessary to carry out those powers and duties conferred by this Act. The Authority may initially adopt, by January 1, 2002, such rules as emergency rules in accordance with the provisions of Section 5-45 of the Illinois Administrative Procedure Act. For purposes of the Illinois Administrative Procedure Act, the adoption of the initial rules shall be deemed to be an emergency and
39 [November 29, 2000] necessary for the public interest, safety, and welfare. Section 5-40. Duties. (a) In addition to the powers set forth elsewhere in this Act, subject to the terms of any agreements with the holders of the Authority's evidences of indebtedness, the Authority shall do the following: (1) Comply with all zoning, building, and land use controls of the municipality within which it owns any property. (2) Enter into a loan agreement with an owner of a facility to finance the acquisition, construction, maintenance, or rehabilitation of the facility. The agreement shall contain appropriate and reasonable provisions with respect to termination, default, and legal remedies. The loan may be at below-market interest rates. (3) Create and maintain a financial reserve for repair and replacement of capital assets. (b) In a loan agreement for the construction of a new facility, in connection with prequalification of general contractors for construction of the facility, the Authority shall require that the owner of the facility require submission of a commitment detailing how the general contractor will expend 25% or more of the dollar value of the general contract with one or more minority business enterprises and 5% or more of the dollar value with one or more female business enterprises. This commitment may be met by contractor's status as a minority business enterprise or female business enterprise, by a joint venture, or by subcontracting a portion of the work with or by purchasing materials for the work from one or more such enterprises, or by any combination thereof. Any contract with the general contractor for construction of the new facility shall require the general contractor to meet the foregoing obligations and shall require monthly reporting to the Authority with respect to the status of the implementation of the contractor's affirmative action plan and compliance with that plan. This report shall be filed with the General Assembly. The Authority shall require that the facility owner establish and maintain an affirmative action program designed to promote equal employment opportunity and that specifies the goals and methods for increasing participation by minorities and women in a representative mix of job classifications required to perform the respective contracts. The Authority shall file a report before March 1 of each year with the General Assembly detailing its implementation of this subsection. The terms "minority business enterprise" and "female business enterprise" have the meanings provided in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Section 5-45. Reporting. Promptly following entering into a loan agreement involving a new facility or facility site, the Authority shall submit a detailed written report and findings of the Authority with respect to the proposed loan agreement to the General Assembly. The report and findings of the Authority shall include the following: (1) A detailed plan of the method of funding the loan agreement. (2) An evaluation of the economic consequences of the proposed loan agreement. (3) An analysis of the reasons for acquiring a site for constructing a new facility. Section 5-50. Territory. The territory of the Authority is coterminous with the boundaries of the counties of Madison and St. Clair. Section 5-55. Acquisition of property. The Authority may acquire in its own name, by gift or purchase, any real or personal property, or interests in real or personal property, necessary or convenient to
[November 29, 2000] 40 carry out its corporate purposes. Section 5-60. Tax exemption. The Authority shall not be required to pay property taxes on any property it owns. During the term of a loan agreement made under this Act, the owner of a facility that is the subject of the agreement shall not be required to pay property taxes on the facility or facility site. Section 5-65. Conflicts of interest; generally. (a) No members or employees of the Authority shall be employed by, be an officer or director of, or have any ownership interest in any corporation or entity that is a party to a loan agreement with the Authority under this Act. (b) No moneys of the Authority shall be deposited in any financial institution in which any officer, director, or holder of a substantial proprietary interest is also a member or employee of the Authority. (c) No real estate to which a member or employee of the Authority holds legal title or in which such a person has any beneficial interest, including any interest in a land trust, shall be purchased by the Authority, nor shall any such property be purchased by a corporation or entity for a facility to be financed under this Act. Every member and employee of the Authority shall file annually with the Authority a record of all real estate in this State to which the person holds legal title or in which the person has any beneficial interest, including any interest in a land trust. In the event it is later disclosed that the Authority or other entity has purchased real estate in which a member or employee had an interest, the purchase shall be voidable by the Authority and the member or employee involved shall be disqualified from membership in or employment by the Authority. Section 5-70. Conflicts of interest; contracts. (a) No member of the Authority or officer, agent, or employee of the Authority shall, in his or her own name or in the name of a nominee, be an officer or director of or hold an ownership interest of more than 7.5% in any person, association, trust, corporation, partnership, or other entity that is, in its own name or in the name of a nominee, a party to a contract or agreement upon which the member or officer, agent, or employee may be called upon to act or vote. (b) With respect to any direct or any indirect interest, other than an interest prohibited in subsection (a), in a contract or agreement upon which the member or officer, agent, or employee may be called upon to act or vote, a member of the Authority or officer, agent, or employee of the Authority shall disclose the same to the secretary of the Authority before the taking of final action by the Authority concerning the contract or agreement and shall so disclose the nature and extent of such interest and his or her acquisition thereof, which disclosures shall be publicly acknowledged by the Authority and entered upon the minutes of the Authority. If a member of the Authority or officer, agent, or employee of the Authority holds such an interest, then he or she shall refrain from any further official involvement in regard to the contract or agreement, from voting on any matter pertaining to the contract or agreement, and from communicating with other members of the Authority or its officers, agents, and employees concerning the contract or agreement. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection (b) shall not be void or invalid by reason of the interest described in this subsection, nor shall any person so disclosing the interest and refraining from further official involvement as provided in this subsection be guilty of an offense, be removed from office, or be subject to any other penalty on account of such interest. (c) Any contract or agreement made in violation of subsection (a) or (b) of this Section shall be null and void and give rise to no
41 [November 29, 2000] action against the Authority. Section 5-75. Records and reports of the Authority. The secretary shall keep a record of the proceedings of the Authority. The treasurer of the Authority shall be custodian of all Authority funds and shall be bonded in the amount the other members of the Authority may designate. The accounts and books of the Authority shall be set up and maintained in a manner approved by the Auditor General, and the Authority shall file with the Auditor General a certified annual report within 120 days after the close of its fiscal year. The Authority shall also file with the Governor, the Secretary of the Senate, the Clerk of the House of Representatives, the Chair of the St. Clair County Board, the Chair of the Madison County Board, and the Illinois Economic and Fiscal Commission, by March 1 of each year, a written report covering its activities for the previous fiscal year. So filed, the report shall be a public record and open for inspection at the offices of the Authority during normal business hours. Section 5-80. Tax prohibited. The Authority may not impose any occupation or other tax. Section 5-85. No impairment of loan agreement. The State of Illinois pledges to and agrees with any facility owner under any loan agreement entered into by the Authority with respect to a facility 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 the loan agreement or in any way impair the rights and remedies of the owner so long as the owner is not in default under the loan agreement. In addition, the State pledges to and agrees with the owner that the State will not limit the basis on which State funds are to be allocated, deposited, and paid to the Authority, or the use of those funds, so as to impair the terms of any such loan agreement. The Authority is authorized to include this pledge and agreement of the State in the loan agreement. Section 5-90. Volume cap. Notwithstanding any other provision of law, the Governor may allocate any volume cap available to the State or any of its agencies under the Internal Revenue Code of 1986, including any amounts carried forward by the State or any of its agencies with respect to stadiums, to the Metro-East Sports Facilities Authority, and the Authority may carry forward any amount allocated to it by the Governor or by any home rule unit. Section 5-95. Abolition of Authority. If the Authority has not entered into a loan agreement, pursuant to Section 5-40 of this Act, with or on behalf of a major league professional baseball franchise before one year following the effective date of this Act, the Authority shall be abolished upon the expiration of that one-year period. ARTICLE 10. Section 10-5. The Illinois Sports Facilities Authority Act is amended by changing Sections 1, 2, 3, 8, 9, 10, 11, 13, 15, 16, 17, 19, and 20 as follows: (70 ILCS 3205/1) (from Ch. 85, par. 6001) Sec. 1. Short title. This Act
[November 29, 2000] 42 public meetings; and other public events; and (2) Practice fields, or other areas where professional sports teams and other sports teams may practice or perform. (3) "Facility" also means the following types of property if that property is
43 [November 29, 2000] the form of an intergovernmental agreement. (F) "Financial Assistance" means the use by the Authority, pursuant to an assistance agreement, of its powers under this Act, including, without limitation, the power to borrow money, to issue bonds and notes, to impose an occupation tax as provided in Section 19 of this Act and to receive and expend the proceeds of that tax, to assist a governmental owner or its tenant, or both, with one or more of the following: designing, developing, establishing, constructing, erecting, acquiring, repairing, reconstructing, renovating, remodeling, adding to, extending, improving, equipping, operating, and maintaining a facility owned or to be owned by the governmental owner. (G) "Tenant" means any person with which a governmental owner or the Authority has entered into an agreement for the use by a professional sports team or other sports team of any facility. Such an agreement may be a management agreement or an assistance agreement or may be a lease of or a license, permit, or similar agreement with respect to the use of a facility by such team for such period as shall be agreed upon by the person and the governmental owner or the Authority, as the case may be. (Source: P.A. 85-1034.) (70 ILCS 3205/3) (from Ch. 85, par. 6003) Sec. 3. Legislative Finding and Declaration. It is hereby found that as a result of deteriorating infrastructure and sports facilities in the metropolitan area of Chicago, there is a shortage of
[November 29, 2000] 44 (2) Sue and be sued, plead and be impleaded, all in its own name, and agree to binding arbitration of any dispute to which it is a party; (3) Adopt bylaws, rules, and regulations to carry out the provisions of this Section; (4) Maintain an office or offices at such place as the Authority may designate; (5) Employ, either as regular employees or independent contractors, consultants, engineers, architects, accountants, attorneys, financial experts, construction experts and personnel, superintendents, managers and other professional personnel, and such other personnel as may be necessary in the judgment of the Authority, and fix their compensation; (6) Determine the locations of, develop, design, establish, construct, erect, acquire, own, repair, reconstruct, renovate, remodel, add to, extend, improve, equip, operate, regulate and maintain facilities, and provide financial assistance to governmental owners or their tenants, or both, pursuant to an assistance agreement to do the foregoing, in each case to the extent necessary to accomplish the purposes of the Authority; (7) Acquire, hold, lease as lessor or as lessee, use, encumber, transfer, or dispose of real and personal property, including the alteration of or demolition of improvements to real estate; (8) Enter into contracts of any kind; (9) Regulate the use and operation of facilities that are developed under the provisions of this Act; (10) Enter into one or more management agreements which conform to the requirements of this Act and which may contain such provisions as the Authority shall determine, including, without limitation
45 [November 29, 2000] pledge by the Authority of certain of the Authority's revenues and receipts to be received under Section 19 of this Act for the benefit of the tenant of the facility as further security for performance by the Authority of its obligations under the management agreement; and (x) provisions requiring the establishment of reserves by the Authority or by the tenant, or both, as further security for the performance of their respective obligations under the management agreement; (11) Enter into one or more assistance agreements that conform to the requirements of this Act and that may contain such provisions as the Authority shall determine establishing the rights and obligations of the Authority and the governmental owner or a tenant, or both, with respect to the facility for which the Authority is to provide financial assistance including, without limitation, such provisions as are described in paragraph (10) of this Section; (12) Borrow money from any source for any corporate purpose, including working capital for its operations, reserve funds, or interest, and to mortgage, pledge or otherwise encumber the property or funds of the Authority and to contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letters of credit, or insurers and enter into reimbursement agreements with this person which may be secured as if money were borrowed from the person; (13)
[November 29, 2000] 46 assistance agreements providing for the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of more than one existing facility unless authorized by law.
47 [November 29, 2000] female business enterprise, by a joint venture or by subcontracting a portion of the work with or by purchasing materials for the work from one or more such enterprises, or by any combination thereof. Any contract with the general contractor for construction of the new stadium facility and any contract for the reconstruction, renovation, remodeling, adding to, extension or improvement of all or substantially all of an existing facility shall require the general contractor to meet the foregoing obligations and shall require monthly reporting to the Authority with respect to the status of the implementation of the contractor's affirmative action plan and compliance with that plan. This report shall be filed with the General Assembly. The Authority shall establish and maintain an affirmative action program designed to promote equal employment opportunity which specifies the goals and methods for increasing participation by minorities and women in a representative mix of job classifications required to perform the respective contracts. The Authority shall file a report before March 1 of each year with the General Assembly detailing its implementation of this paragraph. The terms "minority business enterprise" and "female business enterprise" shall have the same meanings as "minority owned business" and "female owned business", respectively, as defined
[November 29, 2000] 48 acquiring a site for constructing a new facility. (Source: P.A. 85-1034.) (70 ILCS 3205/11) (from Ch. 85, par. 6011) Sec. 11. Territory. The corporate limits of
49 [November 29, 2000] signatures shall be valid at delivery even for one who has ceased to hold office; and (vii)
[November 29, 2000] 50 refinance any of its bonds then outstanding, including the payment of any redemption premium and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity of the bonds. Refunding or advance refunding bonds may be issued for the public purposes of realizing savings in the effective costs of debt service, directly or through a debt restructuring, for alleviating impending or actual default, or for paying principal of, redemption premium, if any, and interest on bonds as they mature or are subject to redemption, and may be issued in one or more series in an amount in excess of that of the bonds to be refunded. (G) At no time shall the total outstanding bonds and notes of the Authority issued under this Section 13 exceed (i) $150,000,000 in connection with facilities owned by the Authority and (ii) $399,000,000 in connection with facilities owned by a governmental owner other than the Authority. Bonds which are being paid or retired by issuance, sale or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agent or trustee to provide for payment of principal and interest thereon, and any redemption premium, as provided in the authorizing resolution, shall not be considered outstanding for the purposes of this paragraph. (H) The bonds and notes of the Authority shall not be indebtedness of the City of Chicago, of the State, or of any political subdivision of the State other than the Authority. The bonds and notes of the Authority are not general obligations of the State of Illinois or the City of Chicago, or of any other political subdivision of the State other than the Authority, and are not secured by a pledge of the full faith and credit of the State of Illinois or the City of Chicago, or of any other political subdivision of the State other than the Authority, and the holders of bonds and notes of the Authority may not require the levy or imposition by the State or the City of Chicago, or any other political subdivision of the State other than the Authority, of any taxes or, except as provided in this Act, the application of revenues or funds of the State of Illinois or the City of Chicago or any other political subdivision of the State other than the Authority
51 [November 29, 2000] allocated, deposited and 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. (K) It shall be the goal of the Authority that bonds authorized by this Section 13 shall be sold by the Authority to a group of underwriters having not less than 25% participation by one or more minority business enterprises and not less than 5% participation by one or more women business enterprises, as those items are defined in item (5) of Section 9 of this Act. (Source: P.A. 85-1034.) (70 ILCS 3205/15) (from Ch. 85, par. 6015) Sec. 15. Tax Exemption. (A) Neither
[November 29, 2000] 52 or Interests - Effects. (A) In addition to the prohibitions of Section 16 of this Act, no member of the Authority or officer, agent or employee thereof shall, in his or her own name or in the name of a nominee, be an officer, director or hold an ownership interest of more than 7 1/2% in any person, association, trust, corporation, partnership or other entity which is, in its own name or in the name of a nominee, a party to a contract or agreement upon which the member or officer, agent or employee may be called upon to act or vote. (B) With respect to any direct or any indirect interest, other than an interest prohibited in subsection (A) of this Section or Section 16 of this Act, in a contract or agreement upon which the member or officer, agent or employee may be called upon to act or vote, a member of the Authority or officer, agent or employee thereof shall disclose the same to the secretary of the Authority prior to the taking of final action by the Authority concerning such contract or agreement and shall so disclose the nature and extent of such interest and his or her acquisition thereof, which disclosures shall be publicly acknowledged by the Authority and entered upon the minutes of the Authority. If a member of the Authority or officer, agent or employee thereof holds such an interest then he or she shall refrain from any further official involvement in regard to such contract or agreement, from voting on any matter pertaining to such contract or agreement, and from communicating with other members of the Authority or its officers, agents and employees concerning said contract or agreement. Notwithstanding any other provision of law, any contract or agreement entered into in conformity with this subsection (B) shall not be void or invalid by reason of the interest described in this subsection, nor shall any person so disclosing the interest and refraining from further official involvement as provided in this subsection be guilty of an offense, be removed from office or be subject to any other penalty on account of such interest. (C) Any contract or agreement made in violation of subsections (A) or (B) of this Section shall be null and void and give rise to no action against the Authority. (Source: P.A. 85-1034.) (70 ILCS 3205/19) (from Ch. 85, par. 6019) Sec. 19. Tax. The Authority may impose an occupation tax upon all persons engaged in the City of Chicago in the business of renting, leasing or letting rooms in a hotel, as defined in The Hotel Operators' Occupation Tax Act, at a rate not to exceed 2% of the gross rental receipts from the renting, leasing or letting of hotel rooms located within the City of Chicago, excluding, however, from gross rental receipts, the proceeds of such renting, leasing or letting to permanent residents of that hotel and proceeds from the tax imposed under subsection (c) of Section 13 of the Metropolitan Pier and Exposition Authority Act. The tax imposed by the Authority pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue. The certificate of registration which is issued by the Department to a lessor under The Hotel Operators' Occupation Tax Act shall permit such registrant to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section. The Department shall have full power to administer and enforce this Section; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner provided in this Section, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or
53 [November 29, 2000] penalty hereunder. In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in The Hotel Operators' Occupation Tax Act (except where that Act is inconsistent herewith), as the same is now or may hereafter be amended, as fully as if the provisions contained in The Hotel Operators' Occupation Tax Act were set forth herein. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the amounts held by the State Treasurer as trustee for the Authority. Persons subject to any tax imposed pursuant to authority granted by this Section may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax imposed under The Hotel Operators' Occupation Tax Act, the municipal tax imposed under Section 8-3-13 of the Illinois Municipal Code, and the tax imposed under Section 13 of the Metropolitan Pier and Exposition Authority Act. The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee for the Authority, all taxes and penalties collected hereunder for deposit in a trust fund outside the State Treasury. On or before the 25th day of each calendar month, the Department shall certify to the Comptroller the amount to be paid to or on behalf of the Authority from amounts collected hereunder by the Department, and deposited into such trust fund during the second preceding calendar month. The amount to be paid to or on behalf of the Authority shall be the amount (not including credit memoranda) collected hereunder during such second preceding calendar month by the Department, less an amount equal to the amount of refunds authorized during such second preceding calendar month by the Department on behalf of the Authority, and less 4% of such balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing the provisions of this Section, as provided herein. Each such monthly certification by the Department shall also certify to the Comptroller the amount to be so retained by the State Treasurer for payment into the General Revenue Fund of the State Treasury. Within 30 days after the end of each fiscal year of the State beginning with the fiscal year ending June 30, 2002, the Department shall certify the amount, if any, by which the amount paid into the General Revenue Fund of the State Treasury on behalf of the Authority as repayment of the advance amount (as defined in Section 8.25-4 of the State Finance Act) was less than the advance amount with respect to such fiscal year and all preceding fiscal years to the extent that such amount has not been paid to the Local Government Distributive Fund from the tax imposed by the Authority (the "certified deficiency amount"). Each monthly certification by the Department shall certify, of the amount paid to or on behalf of the Authority, (i) the portion to be paid to the Authority,
[November 29, 2000] 54 Distributive Fund which is applicable to municipalities with a population in excess of 500,000 as reimbursement for funds advanced pursuant to subsection (b) of Section 13.1 of the State Revenue Sharing Act. With respect to each State fiscal year, of the total amount to be paid to or on behalf of the Authority, the Department shall certify that payments shall first be made directly to the Authority in an amount equal to any difference between the annual amount certified by the Chairman of the Authority pursuant to Section 8.25-4 of the State Finance Act and the amount appropriated to the Authority from the Illinois Sports Facilities Fund. Next, the Department shall certify that payment shall be made into the General Revenue Fund of the State Treasury in an amount equal to the difference between (i) the lesser of (x) the amount appropriated from the Illinois Sports Facilities Fund to the Authority and (y) the annual amount certified by the Chairman of the Authority pursuant to Section 8.25-4 of the State Finance Act and (ii) $10,000,000. Next, the Department shall certify that payment shall be made into the Local Government Distributive Fund which is applicable to municipalities with a population in excess of 500,000 as reimbursement for funds advanced pursuant to subsection (b) of Section 13.1 of the State Revenue Sharing Act. The Department shall certify that all additional amounts shall be paid to the Authority and used for its corporate purposes. Within 10 days after receipt, by the Comptroller, of the Department's monthly certification of amounts to be paid to or on behalf of the Authority and amounts to be paid into the General Revenue Fund and the Local Government Distributive Fund, the Comptroller shall cause the warrants to be drawn for the respective amounts in accordance with the directions contained in such certification. Amounts collected by the Department and paid to the Authority pursuant to this Section shall be used for the corporate purposes of the Authority. On June 15, 1992 and on each June 15 thereafter, the Authority shall repay to the State Treasurer all amounts paid to it under this Section and otherwise remaining available to the Authority after providing for (i) payment of principal and interest on, and other payments related to, its obligations issued or to be issued under Section 13 of the Act, including any deposits required to reserve funds created under any indenture or resolution authorizing issuance of the obligations and payments to providers of credit enhancement, (ii) payment of obligations under the provisions of any management agreement with respect to a facility or facilities owned by the Authority or of any assistance agreement with respect to any facility for which financial assistance is provided under this Act, and payment of other capital and operating expenses of the Authority, including any deposits required to reserve funds created for repair and replacement of capital assets and to meet the obligations of the Authority under any management agreement or assistance agreement. Amounts repaid by the Authority to the State Treasurer hereunder shall be treated as repayment of amounts deposited into the Illinois Sports Facilities Fund and credited to the Subsidy Account and used for the corporate purposes of the Authority. The State Treasurer shall deposit two-thirds
55 [November 29, 2000] Nothing in this Section shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may not be made the subject of taxation by this State. An ordinance or resolution imposing or discontinuing a tax hereunder or effecting a change in the rate thereof shall be effective on the first day of the second calendar month next following the month in which the ordinance or resolution is passed. If the Authority levies a tax authorized by this Section it shall transmit to the Department of Revenue not later than 5 days after the adoption of the ordinance or resolution a certified copy of the ordinance or resolution imposing such tax whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the Authority. Upon a change in rate of a tax levied hereunder, or upon the discontinuance of the tax, the Authority shall not later than 5 days after the effective date of the ordinance or resolution discontinuing the tax or effecting a change in rate transmit to the Department of Revenue a certified copy of the ordinance or resolution effecting such change or discontinuance. (Source: P.A. 87-733.) (70 ILCS 3205/20) (from Ch. 85, par. 6020) Sec. 20. No Impairment of Management Agreement or Assistance Agreement. The State of Illinois pledges to and agrees with any tenant under any management agreement entered into by the Authority with respect to a
[November 29, 2000] 56 Fund shall be credited to the Advance Account within the Fund. Beginning with fiscal year 1989 and continuing for each fiscal year thereafter through and including fiscal year 2001, no less than 30 days before the beginning of such fiscal year (except as soon as may be practicable after the effective date of this amendatory Act of 1988 with respect to fiscal year 1989) the Chairman of the Illinois Sports Facilities Authority shall certify to the State Comptroller and the State Treasurer, without taking into account any revenues or receipts of the Authority, the lesser of (a) $18,000,000 and (b) the sum of (i) the amount anticipated to be required by the Authority during the fiscal year to pay principal of and interest on, and other payments relating to, its obligations issued or to be issued under Section 13 of the Illinois Sports Facilities Authority Act, including any deposits required to reserve funds created under any indenture or resolution authorizing issuance of the obligations and payments to providers of credit enhancement, (ii) the amount anticipated to be required by the Authority during the fiscal year to pay obligations under the provisions
57 [November 29, 2000] (x) the lesser of $10,000,000 or the amount appropriated for payment to the Authority from amounts credited to the Subsidy Account and (y) the lesser of $8,000,000 or the difference between the amount appropriated for payment to the Authority during the fiscal year and $10,000,000 has been paid from amounts credited to the Advance Account. Subject to sufficient appropriation by the General Assembly, beginning with July 1, 2001, and thereafter continuing on the first day of each month during each fiscal year thereafter, the Comptroller shall order paid and the Treasurer shall pay to the Authority the amount in the Illinois Sports Facilities Fund until (x) the lesser of $10,000,000 or the amount appropriated for payment to the Authority from amounts credited to the Subsidy Account and (y) the lesser of the Advance Amount or the difference between the amount appropriated for payment to the Authority during the fiscal year and $10,000,000 has been paid from amounts credited to the Advance Account. Provided that all amounts deposited in the Illinois Sports Facilities Fund and credited to the Subsidy Account, to the extent requested pursuant to the Chairman's certification, have been paid, on June 30, 1989, and on June 30 of each year thereafter, all amounts remaining in the Subsidy Account of the Illinois Sports Facilities Fund shall be transferred by the State Treasurer one-half to the General Revenue Fund in the State Treasury and one-half to the City Tax Fund. Provided that all amounts appropriated from the Illinois Sports Facilities Fund, to the extent requested pursuant to the Chairman's certification, have been paid, on June 30, 1989, and on June 30 of each year thereafter, all amounts remaining in the Advance Account of the Illinois Sports Facilities Fund shall be transferred by the State Treasurer to the General Revenue Fund in the State Treasury. For purposes of this Section, the term "Advance Amount" means, for fiscal year 2002, $22,179,000, and for subsequent fiscal years through fiscal year 2032, 105.615% of the Advance Amount for the immediately preceding fiscal year, rounded up to the nearest $1,000. (Source: P.A. 85-1034.) Section 10-15. The Hotel Operators' Occupation Tax Act is amended by changing Section 6 as follows: (35 ILCS 145/6) (from Ch. 120, par. 481b.36) Sec. 6. Except as provided hereinafter in this Section, on or before the last day of each calendar month, every person engaged in the business of renting, leasing or letting rooms in a hotel in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the operator; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of renting, leasing or letting rooms in a hotel in this State; 3. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms during such preceding calendar month; 4. Total amount of rental receipts received by him during the preceding calendar month from renting, leasing or letting rooms to permanent residents during such preceding calendar month; 5. Total amount of other exclusions from gross rental receipts allowed by this Act; 6. Gross rental receipts which were received by him during the preceding calendar month and upon the basis of which the tax is imposed; 7. The amount of tax due; 8. Such other reasonable information as the Department may
[November 29, 2000] 58 require. If the operator's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 30 of such year; with the return for April, May and June of a given year being due by July 31 of such year; with the return for July, August and September of a given year being due by October 31 of such year, and with the return for October, November and December of a given year being due by January 31 of the following year. If the operator's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 31 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which an operator may file his return, in the case of any operator who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such operator shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where the same person has more than 1 business registered with the Department under separate registrations under this Act, such person shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In his return, the operator shall determine the value of any consideration other than money received by him in connection with the renting, leasing or letting of rooms in the course of his business and he shall include such value in his return. Such determination shall be subject to review and revision by the Department in the manner hereinafter provided for the correction of returns. Where the operator is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. The person filing the return herein provided for shall, at the time of filing such return, pay to the Department the amount of tax herein imposed. The operator filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% or $25 per calendar year, whichever is greater, which is allowed to reimburse the operator for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. There shall be deposited in the Build Illinois Fund in the State Treasury for each State fiscal year 40% of the amount of total net proceeds from the tax imposed by subsection (a) of Section 3. Of the remaining 60%, $5,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Subsidy Account each fiscal year by making monthly deposits in the amount of 1/8 of $5,000,000 plus cumulative deficiencies in such deposits for prior months, and an additional $8,000,000 shall be deposited in the Illinois Sports Facilities Fund and credited to the Advance Account each fiscal year by making monthly deposits in the amount of 1/8 of $8,000,000 plus any cumulative deficiencies in such deposits for prior months; provided, that for fiscal years ending after June 30, 2001, the amount to be so deposited into the Illinois Sports Facilities Fund and credited to the Advance Account each fiscal year shall be increased from $8,000,000 to the then applicable Advance Amount and the required monthly deposits
59 [November 29, 2000] beginning with July 2001 shall be in the amount of 1/8 of the then applicable Advance Amount plus any cumulative deficiencies in those deposits for prior months. (The deposits of the additional $8,000,000 or the then applicable Advance Amount, as applicable, during each fiscal year shall be treated as advances of funds to the Illinois Sports Facilities Authority for its corporate purposes to the extent paid to the Authority or its trustee and shall be repaid into the General Revenue Fund in the State Treasury by the State Treasurer on behalf of the Authority
[November 29, 2000] 60 penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to an operator who is not required to file an income tax return with the United States Government. (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 91-604, eff. 8-16-99; revised 10-27-99.) Section 10-20. The Chicago Park District Act is amended by adding Section 15d as follows: (70 ILCS 1505/15d new) Sec. 15d. Assistance agreements; facilities; private seat licenses; naming rights. In addition to the powers and authority now possessed by it, the Chicago Park District shall have the power and authority: (1) to enter into and perform its obligations under one or more "assistance agreements" with respect to any "facility" of which the Chicago Park District is the "governmental owner", as each of those terms is defined in the Illinois Sports Facilities Authority Act, and to enter into and perform its obligations under other contracts related thereto, upon such terms and conditions as may be determined by the Chicago Park District; (2) to enter into and perform its obligations under a lease, license, or agreement with a professional sports team or other sports team with respect to a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District; (3) to sell, convey, lease, or grant a permit or license with respect to, or authorize another person on its behalf to sell, convey, lease, or grant a permit or license with respect to: (A) the right to use or the right to purchase tickets to use, or any other interest in, any seat or area within a "facility", as that term is defined in the Illinois Sports Facilities Authority Act, (B) the right to name or place advertising in all or any part of such a facility, or (C) any intangible personal property rights, including intellectual property rights, appurtenant to any such facility; and to enter into and perform its obligations with respect to any contract, understanding, agreement, or arrangement related thereto, upon such terms and conditions as may be determined by the Chicago Park District; (4) to accept the transfer of and assume the obligations under a contract or contracts entered into by the "Authority" or its agent for the design and construction services or design/build services for a "facility", as each such term is defined in the Illinois Sports Facilities Authority Act, and exercise such rights and perform such obligations thereunder without regard to the procedures, regulations and laws which would otherwise have been applicable to the Chicago Park District had the Chicago Park District originally entered into such contract or contracts; and (5) to enter into leases, license agreements, permit agreements or other agreements with respect to parking facilities, concessions, restaurants and other facilities providing goods and services relating to a "facility" of which the Chicago Park
61 [November 29, 2000] District is the "governmental owner", as each such term is defined in the Illinois Sports Facilities Authority Act, upon such terms and conditions as may be determined by the Chicago Park District. Section 10-25. The Prevailing Wage Act is amended by changing Section 2 as follows: (820 ILCS 130/2) (from Ch. 48, par. 39s-2) Sec. 2. This Act applies to the wages of laborers, mechanics and other workers employed in any public works, as hereinafter defined, by any public body and to anyone under contracts for public works. As used in this Act, unless the context indicates otherwise: "Public works" means all fixed works constructed for public use by any public body, other than work done directly by any public utility company, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds. "Public works" as defined herein includes all projects financed in whole or in part with bonds issued under the Industrial Project Revenue Bond Act (Article 11, Division 74 of the Illinois Municipal Code), the Industrial Building Revenue Bond Act, the Illinois Development Finance Authority Act, the Illinois Sports Facilities Authority Act, or the Build Illinois Bond Act, and all projects financed in whole or in part with loans or other funds made available pursuant to the Build Illinois Act. "Construction" means all work on public works involving laborers, workers or mechanics. "Locality" means the county where the physical work upon public works is performed, except (1) that if there is not available in the county a sufficient number of competent skilled laborers, workers and mechanics to construct the public works efficiently and properly, "locality" includes any other county nearest the one in which the work or construction is to be performed and from which such persons may be obtained in sufficient numbers to perform the work and (2) that, with respect to contracts for highway work with the Department of Transportation of this State, "locality" may at the discretion of the Secretary of the Department of Transportation be construed to include two or more adjacent counties from which workers may be accessible for work on such construction. "Public body" means the State or any officer, board or commission of the State or any political subdivision or department thereof, or any institution supported in whole or in part by public funds, authorized by law to construct public works or to enter into any contract for the construction of public works, and includes every county, city, town, village, township, school district, irrigation, utility, reclamation improvement or other district and every other political subdivision, district or municipality of the state whether such political subdivision, municipality or district operates under a special charter or not. The terms "general prevailing rate of hourly wages", "general prevailing rate of wages" or "prevailing rate of wages" when used in this Act mean the hourly cash wages plus fringe benefits for training and apprenticeship programs approved by the U.S. Department of Labor, Bureau of Apprenticeship and Training, health and welfare, insurance, vacations and pensions paid generally, in the locality in which the work is being performed, to employees engaged in work of a similar
[November 29, 2000] 62 colleges, 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. "Public body" does not include a child death review team established under the Child Death Review Team Act. (b) "Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group. (c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public body. "Public records" includes, but is expressly not limited to: (i) administrative manuals, procedural rules, and instructions to staff, unless exempted by Section 7(p) of this Act; (ii) final opinions and orders made in the adjudication of cases, except an educational institution's adjudication of student or employee grievance or disciplinary cases; (iii) substantive rules; (iv) statements and interpretations of policy which have been adopted by a public body; (v) final planning policies, recommendations, and decisions; (vi) factual reports, inspection reports, and studies whether prepared by or for the public body; (vii) all information in any account, voucher, or contract dealing with the receipt or expenditure of public or other funds of public bodies; (viii) the names, salaries, titles, and dates of employment of all employees and officers of public bodies; (ix) materials containing opinions concerning the rights of the state, the public, a subdivision of state or a local government, or of any private persons; (x) the name of every official and the final records of voting in all proceedings of public bodies; (xi) applications for any contract, permit, grant, or agreement except as exempted from disclosure by subsection (g) of Section 7 of this Act; (xii) each report, document, study, or publication prepared by independent consultants or other independent contractors for the public body; (xiii) all other information required by law to be made available for public inspection or copying; (xiv) information relating to any grant or contract made by or between a public body and another public body or private organization; (xv) waiver documents filed with the State Superintendent of Education or the president of the University of Illinois under Section 30-12.5 of the School Code, concerning nominees for General Assembly scholarships under Sections 30-9, 30-10, and 30-11 of the School Code;
63 [November 29, 2000] chairman, presiding officer, director, superintendent, manager, supervisor or individual otherwise holding primary executive and administrative authority for the public body, or such person's duly authorized designee. (f) "News media" means a newspaper or other periodical issued at regular intervals, a news service, a radio station, a television station, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing. (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97; 90-670, eff. 7-31-98.) Section 10-35. The State Revenue Sharing Act is amended by changing Section 13.1 as follows: (30 ILCS 115/13.1) (from Ch. 85, par. 617.1) Sec. 13.1. (a) For the sole purpose of providing funding for the Illinois Sports Facilities Fund, as soon as may be after the first day of each month and subsequent to the effective date of this amendatory Act of 1986, the Department shall first pay directly into the Illinois Sports Facilities Fund to be credited to the Subsidy Account, 1/8 of $5,000,000, plus any cumulative deficiencies in such payments for prior months, from the Local Government Distributive Fund, which is allocable to municipalities with a population in excess of 500,000. In no event shall an amount in excess of $5,000,000 be paid pursuant to this subsection (a)
[November 29, 2000] 64 directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. In addition to the foregoing, the Auditor General may also conduct a special financial audit, when authorized by the Legislative Audit Commission, of the Illinois Sports Facilities Authority's expenditures of public funds in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of any existing "facility", as that term is defined in the Illinois Sports Facilities Authority Act. The Auditor General may also conduct an audit, when authorized by the Legislative Audit Commission, of any hospital which receives 10% or more of its gross revenues from payments from the State of Illinois, Department of Public Aid, Medical Assistance Program. The Auditor General is authorized to conduct financial and compliance audits of the 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. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.) ARTICLE 99. Section 99-99. Effective date. This Act takes effect June 1, 2001.". And on that motion, a vote was taken resulting as follows: 55, Yeas; 58, Nays; 0, Answering Present. (ROLL CALL 5) And the motion on the adoption of the amendment was lost. There being no further amendments, the bill was again held on the order of Second Reading.
65 [November 29, 2000] At the hour of 4:50 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, November 30, 2000, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[November 29, 2000] 66 NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 29, 2000 0 YEAS 0 NAYS 115 PRESENT P ACEVEDO P FLOWERS P LINDNER P REITZ P BASSI P FOWLER P LOPEZ P RIGHTER P BEAUBIEN P FRANKS E LYONS,EILEEN P RUTHERFORD P BELLOCK P FRITCHEY P LYONS,JOSEPH P RYDER P BERNS P GARRETT P MATHIAS P SAVIANO P BIGGINS P GASH P MAUTINO P SCHMITZ P BLACK P GIGLIO P McAULIFFE P SCHOENBERG P BOLAND P GILES P McCARTHY P SCOTT P BOST P GRANBERG P McGUIRE P SCULLY P BRADLEY P HAMOS P McKEON E SHARP P BRADY P HANNIG P MEYER P SILVA P BROSNAHAN P HARRIS P MITCHELL,BILL P SKINNER P BRUNSVOLD P HARTKE P MITCHELL,JERRY P SLONE P BUGIELSKI P HASSERT P MOFFITT P SMITH P BURKE P HOEFT P MOORE P SOMMER P CAPPARELLI P HOFFMAN P MORROW P STEPHENS P COULSON P HOLBROOK P MULLIGAN P STROGER P COWLISHAW P HOWARD P MURPHY P TENHOUSE P CROSS P HULTGREN P MYERS P TURNER,ART P CROTTY P JOHNSON,TOM P NOVAK P TURNER,JOHN P CURRIE P JONES,JOHN P O'BRIEN P WAIT P CURRY P JONES,LOU P O'CONNOR P WINKEL P DANIELS P JONES,SHIRLEY P OSMOND P WINTERS A DART P KENNER P OSTERMAN P WIRSING P DAVIS,MONIQUE P KLINGLER P PANKAU P WOJCIK P DAVIS,STEVE P KOSEL P PARKE P WOOLARD P DELGADO P KRAUSE P PERSICO P YOUNGE P DURKIN P LANG P POE P ZICKUS P ERWIN P LAWFER P PUGH P MR. SPEAKER P FEIGENHOLTZ P LEITCH E - Denotes Excused Absence
67 [November 29, 2000] NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1404 AUDIOLOGISTS-REGULATORY ACTS ACCEPT AMENDATORY VETO PREVAILED THREE-FIFTHS VOTE REQUIRED NOV 29, 2000 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON E SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS A DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL Y PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
[November 29, 2000] 68 NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3617 COUNTY GOVERNMENT-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO.1 CONCURRED NOV 29, 2000 115 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON E SHARP Y BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY Y JOHNSON,TOM Y NOVAK Y TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY Y OSMOND Y WINTERS A DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL Y PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
69 [November 29, 2000] NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1382 CRIM CD-DEFACEMENT-FINES ACCEPT AMENDATORY VETO PREVAILED NOV 29, 2000 109 YEAS 5 NAYS 1 PRESENT Y ACEVEDO Y FLOWERS Y LINDNER Y REITZ Y BASSI Y FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN Y FRANKS E LYONS,EILEEN Y RUTHERFORD Y BELLOCK Y FRITCHEY Y LYONS,JOSEPH Y RYDER Y BERNS Y GARRETT Y MATHIAS Y SAVIANO Y BIGGINS Y GASH Y MAUTINO Y SCHMITZ Y BLACK Y GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT Y BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON E SHARP N BRADY Y HANNIG Y MEYER Y SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL N SKINNER Y BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE Y SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW Y STEPHENS Y COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y CROSS Y HULTGREN Y MYERS Y TURNER,ART Y CROTTY N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRIE Y JONES,JOHN Y O'BRIEN Y WAIT Y CURRY Y JONES,LOU Y O'CONNOR Y WINKEL Y DANIELS Y JONES,SHIRLEY N OSMOND Y WINTERS A DART Y KENNER Y OSTERMAN Y WIRSING P DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL Y PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE Y ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
[November 29, 2000] 70 NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 575 CHICAGO PARK DISTRICT-BONDS SECOND READING - AMENDMENT NO. 3 LOST NOV 29, 2000 55 YEAS 58 NAYS 0 PRESENT Y ACEVEDO Y FLOWERS N LINDNER N REITZ N BASSI N FOWLER Y LOPEZ N RIGHTER N BEAUBIEN N FRANKS E LYONS,EILEEN Y RUTHERFORD N BELLOCK Y FRITCHEY Y LYONS,JOSEPH N RYDER N BERNS Y GARRETT N MATHIAS Y SAVIANO N BIGGINS Y GASH Y MAUTINO N SCHMITZ N BLACK N GIGLIO Y McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY N SCOTT N BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY A HAMOS Y McKEON E SHARP N BRADY Y HANNIG N MEYER A SILVA Y BROSNAHAN Y HARRIS N MITCHELL,BILL N SKINNER Y BRUNSVOLD Y HARTKE N MITCHELL,JERRY Y SLONE Y BUGIELSKI N HASSERT N MOFFITT N SMITH Y BURKE N HOEFT N MOORE N SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW Y STEPHENS N COULSON Y HOLBROOK N MULLIGAN Y STROGER N COWLISHAW Y HOWARD Y MURPHY N TENHOUSE N CROSS N HULTGREN N MYERS Y TURNER,ART N CROTTY N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRIE N JONES,JOHN N O'BRIEN N WAIT N CURRY Y JONES,LOU Y O'CONNOR N WINKEL Y DANIELS Y JONES,SHIRLEY N OSMOND N WINTERS A DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE N KLINGLER N PANKAU N WOJCIK Y DAVIS,STEVE N KOSEL N PARKE N WOOLARD Y DELGADO N KRAUSE N PERSICO Y YOUNGE N DURKIN Y LANG N POE N ZICKUS Y ERWIN N LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ N LEITCH E - Denotes Excused Absence