STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
131ST LEGISLATIVE DAY
THURSDAY, NOVEMBER 30, 2000
10:00 O'CLOCK A.M.
NO. 131
[November 30. 2000] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 131st Legislative Day Action Page(s) Adjournment........................................ Change of Sponsorship.............................. Committee on Rules Referrals....................... Home Rule Impact Note Supplied..................... Quorum Roll Call................................... State Mandate Note Supplied........................ Temporary Committee Assignments.................... Bill Number Legislative Action Page(s) HB 0050 Senate Message - Passage w/ SA..................... HB 0557 Committee Report................................... HB 0851 Senate Message - Passage w/ SA..................... HB 1284 Committee Report................................... HB 1284 Concurrence in Senate Amendment/s.................. HB 1284 Motion Submitted................................... HB 1284 Senate Message - Passage w/ SA..................... HB 1511 Senate Message - Passage w/ SA..................... HB 1580 Committee Report................................... HB 1580 Refuse to Concur in Senate Amendment/s............. HB 1581 Committee Report................................... HB 1581 Motion Submitted................................... HB 1581 Refuse to Concur in Senate Amendment/s............. HB 1582 Committee Report................................... HB 1582 Concurrence in Senate Amendment/s.................. HB 1582 Motion Submitted................................... HB 1582 Senate Message - Passage w/ SA..................... HB 1598 Committee Report................................... HB 1598 Motion Submitted................................... HB 1598 Refuse to Concur in Senate Amendment/s............. HB 3612 Senate Message - Passage w/ SA..................... HJR 0019 Concurrence in S/A................................. HJR 0079 Resolution......................................... HR 0942 Resolution......................................... HR 0945 Resolution......................................... HR 0946 Resolution......................................... HR 0947 Resolution......................................... HR 0948 Resolution......................................... HR 0949 Resolution......................................... HR 0950 Resolution......................................... HR 0951 Resolution......................................... HR 0952 Resolution......................................... HR 0953 Resolution......................................... HR 0954 Resolution......................................... HR 0955 Resolution......................................... HR 0956 Resolution......................................... HR 0957 Resolution......................................... HR 0958 Resolution......................................... HR 0959 Resolution......................................... HR 0970 Resolution......................................... SB 0368 Committee Report-Floor Amendment/s................. SB 0368 Second Reading - Amendment/s....................... SB 0368 Third Reading...................................... SB 1867 Action on Motion................................... SB 1867 Motion Submitted................................... SB 1975 Committee Report-Floor Amendment/s................. SB 1975 Second Reading - Amendment/s.......................
3 [November 30. 2000] Bill Number Legislative Action Page(s) SB 1975 Third Reading...................................... SJR 0074 Adoption........................................... SJR 0074 Committee Report................................... SJR 0077 Senate Message..................................... SJR 0078 Adoption...........................................
[November 30. 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 Hartke 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: 116 present. (ROLL CALL 1) By unanimous consent, Representatives Eileen Lyons and Sharp were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Saviano replaced Representative Parke in the Committee on Environment & Energy on November 28, 2000. Representative Cross replaced Representative Ryder in the Committee on Rules on November 29, 2000. Representative Righter replaced Representative Meyer, Representative Berns replaced Representative Mathias, and Representative Winkel replaced Representative Wait in the Committee on Judiciary I - Civil Law on November 29, 2000. Representative McGuire replaced Representative Crotty in the Committee on Elementary & Secondary Education on November 28, 2000. Representative Schoenberg replaced Representative Dart in the Committee on Judiciary I - Civil Law on November 29, 2000. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 368. Amendment No. 2 to SENATE BILL 1975. That the resolution be reported "be adopted" and be placed on the House Calendar on the order of Resolutions: SENATE JOINT RESOLUTION 74. That the bill be reported "approved for consideration" and be placed on the Calendar on the order of Conference Committee Reports: FIRST CONFERENCE COMMITTEE TO HOUSE BILL 557. 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 JOINT RESOLUTION 19; Motion to Concur in Senate Amendment No. 2 to HOUSE BILL 1284; Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 1582. That the bill be reported "approved for consideration" and be placed on the Calendar on the order of Concurrence: HOUSE BILLS 1580, 1581 and 1598. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse Y Turner, Art COMMITTEE ON RULES REFERRALS
5 [November 30. 2000] 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 JOINT RESOLUTION 74; FIRST CONFERENCE COMMITTEE REPORT TO HOUSE BILL 557. 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. JOINT ACTION MOTIONS SUBMITTED Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1581. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1598. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 1582. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 2 to HOUSE BILL 1284. STATE MANDATE NOTE SUPPLIED A State Mandate Note has been supplied for SENATE BILL 1276, as amended. HOME RULE IMPACT NOTE SUPPLIED A Home Rule Impact Note has been supplied for SENATE BILL 1276, 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 concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 50 A bill for AN ACT to amend the Public Utilities Act by changing Section 16-108.
[November 30. 2000] 6 Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 50. Passed the Senate, as amended, November 30, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 50 by replacing the title with the following: "An Act to amend the Energy Assistance Act of 1989 by changing Section 6."; and by replacing everything after the enacting clause with the following: "Section 5. The Energy Assistance Act of 1989 is amended by changing Section 6 as follows: (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406) Sec. 6. Eligibility, Conditions of Participation, and Energy Assistance. (a) Any person who is a resident of the State of Illinois and whose household income is not greater than an amount determined annually by the Department, in consultation with the Policy Advisory Council,
7 [November 30. 2000] appropriate source of public energy assistance; and (ii) sign a waiver permitting the Department to receive income information from any public or private agency providing income or energy assistance and from any employer, whether public or private. (e) Any qualified applicant pursuant to this Section may receive or have paid on such applicant's behalf an emergency assistance payment to enable such applicant to obtain access to winter energy services. Any such payments shall be made in accordance with regulations of the Department. (Source: P.A. 87-14; 88-391.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 50 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 851 A bill for AN ACT to amend the State Treasurer Act by adding Section 16.5. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 851. Passed the Senate, as amended, November 30, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 851 by replacing the title with the following: "AN ACT to amend the State Treasurer Act by amending Section 16.5."; and by replacing everything after the enacting clause with the following: "Section 5. The State Treasurer Act is amended by changing Section 16.5 as follows: (15 ILCS 505/16.5) Sec. 16.5. College Savings Pool. The State Treasurer may establish and administer a College Savings Pool to supplement and enhance the investment opportunities otherwise available to persons seeking to finance the costs of higher education. The State Treasurer, in administering the College Savings Pool, may receive moneys paid into the pool by a participant and may serve as the fiscal agent of that participant for the purpose of holding and investing those moneys. "Participant", as used in this Section, means any person that makes investments in the pool. "Designated beneficiary", as used in this Section, means any person on whose behalf an account is established in the College Savings Pool by a participant. Both in-state and out-of-state persons may be participants and designated beneficiaries in the College Savings Pool. New accounts in the College Savings Pool shall be processed through participating financial institutions. "Participating financial institution", as used in this Section, means any financial institution
[November 30. 2000] 8 insured by the Federal Deposit Insurance Corporation and lawfully doing business in the State of Illinois and any credit union approved by the State Treasurer and lawfully doing business in the State of Illinois that agrees to process new accounts in the College Savings Pool. Participating financial institutions may charge a processing fee to participants to open an account in the pool that shall not exceed $30 until the year 2001. Beginning in 2001 and every year thereafter, the maximum fee limit shall be adjusted by the Treasurer based on the Consumer Price Index for the North Central Region as published by the United States Department of Labor, Bureau of Labor Statistics for the immediately preceding calendar year. Every contribution received by a financial institution for investment in the College Savings Pool shall be transferred from the financial institution to a location selected by the State Treasurer within one business day following the day that the funds must be made available in accordance with federal law. All communications from the State Treasurer to participants shall reference the participating financial institution at which the account was processed. The Treasurer may invest the moneys in the College Savings Pool in the same manner, in the same types of investments, and subject to the same limitations provided for the investment of moneys by the Illinois State Board of Investment. To enhance the safety and liquidity of the College Savings Pool, to ensure the diversification of the investment portfolio of the pool, and in an effort to keep investment dollars in the State of Illinois, the State Treasurer shall make a percentage of each account available for investment in participating financial institutions doing business in the State. The State Treasurer shall deposit with the participating financial institution at which the account was processed the following percentage of each account at a prevailing rate offered by the institution, provided that the deposit is federally insured or fully collateralized and the institution accepts the deposit: 10% of the total amount of each account for which the current age of the beneficiary is less than 7 years of age, 20% of the total amount of each account for which the beneficiary is at least 7 years of age and less than 12 years of age, and 50% of the total amount of each account for which the current age of the beneficiary is at least 12 years of age. The State Treasurer shall adjust each account at least annually to ensure compliance with this Section. The Treasurer shall develop, publish, and implement an investment policy covering the investment of the moneys in the College Savings Pool. The policy shall be published (i) at least once each year in at least one newspaper of general circulation in both Springfield and Chicago and (ii) each year as part of the audit of the College Savings Pool by the Auditor General, which shall be distributed to all participants. The Treasurer shall notify all participants in writing, and the Treasurer shall publish in a newspaper of general circulation in both Chicago and Springfield, any changes to the previously published investment policy at least 30 calendar days before implementing the policy. Any investment policy adopted by the Treasurer shall be reviewed and updated if necessary within 90 days following the date that the State Treasurer takes office. Participants shall be required to use moneys distributed from the College Savings Pool for qualified expenses at eligible educational institutions. "Qualified expenses", as used in this Section, means the following: (i) tuition, fees, and the costs of books, supplies, and equipment required for enrollment or attendance at an eligible educational institution and (ii) certain room and board expenses incurred while attending an eligible educational institution at least half-time. "Eligible educational institutions", as used in this Section, means public and private colleges, junior colleges, graduate schools, and certain vocational institutions that are described in Section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088) and that are eligible to participate in Department of Education student aid programs. A student shall be considered to be enrolled at least half-time if the student is enrolled for at least half the full-time academic work load for the course of study the student is pursuing as
9 [November 30. 2000] determined under the standards of the institution at which the student is enrolled. Distributions made from the pool for qualified expenses shall be made directly to the eligible educational institution, directly to a vendor,
[November 30. 2000] 10 account in the pool at least annually that documents the account balance and investment earnings. Notice of any proposed amendments to the rules and regulations shall be provided to all participants prior to adoption. Amendments to rules and regulations shall apply only to contributions made after the adoption of the amendment. Upon creating the College Savings Pool, the State Treasurer shall give bond with 2 or more sufficient sureties, payable to and for the benefit of the participants in the College Savings Pool, in the penal sum of $1,000,000, conditioned upon the faithful discharge of his or her duties in relation to the College Savings Pool. (Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; revised 7-3-00.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 851 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1284 A bill for AN ACT to amend the Illinois Sports Facilities Authority Act by changing Section 22. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 1284. Passed the Senate, as amended, November 30, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 1284 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: "Section 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 and adding Section 7.8 as follows: (70 ILCS 3205/1) (from Ch. 85, par. 6001) Sec. 1. Short title. This Act
11 [November 30. 2000] (3) "Facility" also means the following types of property if that property is
[November 30. 2000] 12 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
13 [November 30. 2000] regarding potential means for providing increased economic opportunities to minorities and women produced indirectly or directly from the reconstruction, renovation, remodeling, extension, or improvement of a facility in connection with which the Authority is providing financial assistance pursuant to an assistance agreement under this Act. (2) Work with the Authority and the Chicago Park District to find candidates for building trades apprenticeships, for employment in the hospitality industry, and to identify job training programs. (3) Work with the Authority and the Chicago Park District to implement this Section in the reconstruction, renovation, remodeling, extension, or improvement of a facility in connection with which the Authority is providing financial assistance pursuant to an assistance agreement under this Act, including the Authority's goal of awarding not less than 25% and 5% of the annual dollar value of contracts to minority and female owned businesses, the outreach program for minorities and women, and the mentor/protege program for providing assistance to minority and female owned businesses. (e) Notwithstanding the provisions of subsection (b), the Advisory Board is dissolved (i) on January 1, 2004 or (ii) 6 months after 90 days after the first professional football game is played in the facility in connection with which the Authority provided financial assistance pursuant to an assistance agreement under this Act, whichever is later. (70 ILCS 3205/8) (from Ch. 85, par. 6008) Sec. 8. Powers. In addition to the powers set forth elsewhere in this Act, the Authority may: (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 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
[November 30. 2000] 14 concessions, advertising, radio and television and other sources; (iii) provisions obligating the Authority to make payments to the tenant with respect to expenses of routine maintenance and operation of any facility and operating expenses of the tenant with respect to use of the facility; (iv) provisions requiring the Authority to pay liquidated damages to the tenant for failure of timely completion of construction of any new facility; (v) provisions permitting the Authority to grant rent-free occupancy of an existing facility pending completion of construction of any new facility and requiring the Authority to pay certain incremental costs of maintenance, repair, replacement and operation of an existing facility in the event of failure of timely completion of construction of any new facility; (vi) provisions requiring the Authority to reimburse the tenant for certain State and local taxes and provisions permitting reductions of payments due the Authority by the tenant or reimbursement of the tenant by the Authority in the event of imposition of certain new State and local taxes, or
15 [November 30. 2000] 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, (B) the right to name or place advertising in all or any part of a facility, or (C) any intangible personal property rights, including intellectual property rights, appurtenant to any facility, the proceeds of which are used for the purpose of carrying out the powers granted by the Act; (19) Adopt such rules as are necessary to carry out those powers conferred and perform those duties required by this Act; (20)
[November 30. 2000] 16
17 [November 30. 2000] written report and findings of the Authority with respect to the proposed management agreement or assistance agreement
[November 30. 2000] 18 agreement provides; (vi)
19 [November 30. 2000] 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
[November 30. 2000] 20 facility or that governmental owner's tenant shall
21 [November 30. 2000] 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 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
[November 30. 2000] 22 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. 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,
23 [November 30. 2000] $5,000,000
[November 30. 2000] 24 amended, and all moneys deposited with respect to the $5,000,000 deposit, but not the additional $8,000,000 advance applicable before July 1, 2001, or the Advance Amount applicable on and after that date, pursuant to Section 6 of "The Hotel Operators' Occupation Tax Act", as amended, into the Illinois Sports Facilities Fund shall be credited to the Subsidy Account within the Fund. All moneys deposited with respect to the additional $8,000,000 advance applicable before July 1, 2001, or the Advance Amount applicable on and after that date, but not the $5,000,000 deposit, pursuant to Section 6 of "The Hotel Operators' Occupation Tax Act", as amended, into the Illinois Sports Facilities 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
25 [November 30. 2000] beginning with July 1, 1988 and thereafter continuing on the first day of each month during each fiscal year through and including fiscal year 2001, 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 $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 12. The State Revenue Sharing Act is amended by changing Section 2 as follows: (30 ILCS 115/2) (from Ch. 85, par. 612) Sec. 2. Allocation and Disbursement. As soon as may be after the first day of each month, the Department of Revenue shall allocate among the several municipalities and counties of this State the amount available in the Local Government Distributive Fund and in the Income Tax Surcharge Local Government Distributive Fund, determined as provided in Sections 1 and 1a above. Except as provided in Sections 13 and 13.1 of this Act, the Department shall then certify such allocations to the State Comptroller, who shall pay over to the several municipalities and counties the respective amounts allocated to them. The amount of such Funds allocable to each such municipality and county shall be in proportion to the number of individual residents of such municipality or county to the total population of the State, determined in each case on the basis of the latest census of the State, municipality or county conducted by the Federal government and certified by the Secretary of State and for annexations to municipalities, the latest Federal, State or municipal census of the annexed area which has been certified by the Department of Revenue. Allocations to the City of Chicago under this Section are subject to Section 6 of the Hotel Operators' Occupation Tax Act. For the purpose of this Section, the number of individual residents of a county shall be reduced by the number of individuals residing therein in municipalities, but the number of individual residents of the State, county and municipality shall reflect the latest census of any of them. The amounts transferred into the Local Government Distributive Fund pursuant to Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of
[November 30. 2000] 26 the Retailers' Occupation Tax Act, each as now or hereafter amended, pursuant to the amendments of such Sections by Public Act 85-1135, shall be distributed as provided in said Sections. (Source: P.A. 91-51, eff. 6-30-99.) Section 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 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,
27 [November 30. 2000] 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 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 30. 2000] 28 Section 3 shall be deposited into the Build Illinois Fund in the State Treasury. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the operator's last State income tax return. If the total receipts of the business as reported in the State income tax return do not agree with the gross receipts reported to the Department for the same period, the operator shall attach to his annual information return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The operator's annual information return to the Department shall also disclose pay roll information of the operator's business during the year covered by such return and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual tax returns by such operator as hereinbefore provided for in this Section. If the annual information return required by this Section is not filed when and as required the taxpayer shall be liable for a penalty in an amount determined in accordance with Section 3-4 of the Uniform Penalty and Interest Act until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to an operator who is not required to file an income tax return with the United States Government. (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00; 91-604, eff. 8-16-99; revised 10-27-99.) Section 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
29 [November 30. 2000] 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 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 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,
[November 30. 2000] 30 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
31 [November 30. 2000] defined in the Illinois Sports Facilities Authority Act. (d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means. &t(e) "Head of the public body" means the president, mayor, 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 40. The Illinois State Auditing Act is amended by changing Section 3-1 as follows: (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) Sec. 3-1. Jurisdiction of Auditor General. The Auditor General has jurisdiction over all State agencies to make post audits and investigations authorized by or under this Act or the Constitution. The Auditor General has jurisdiction over local government agencies and private agencies only: (a) to make such post audits authorized by or under this Act as are necessary and incidental to a post audit of a State agency or of a program administered by a State agency involving public funds of the State, but this jurisdiction does not include any authority to review local governmental agencies in the obligation, receipt, expenditure or use of public funds of the State that are granted without limitation or condition imposed by law, other than the general limitation that such funds be used for public purposes; (b) to make investigations authorized by or under this Act or the Constitution; and (c) to make audits of the records of local government agencies to verify actual costs of state-mandated programs when directed to do so by the Legislative Audit Commission at the request of the State Board of Appeals under the State Mandates Act. In addition to the foregoing, the Auditor General may conduct an audit of the Metropolitan Pier and Exposition Authority, the Regional Transportation Authority, the Suburban Bus Division, the Commuter Rail Division and the Chicago Transit Authority and any other subsidized carrier when authorized by the Legislative Audit Commission. Such audit may be a financial, management or program audit, or any combination thereof. The audit shall determine whether they are operating in accordance with all applicable laws and regulations. Subject to the limitations of this Act, the Legislative Audit Commission may by resolution specify additional determinations to be included in the scope of the audit. In addition to the foregoing, the Auditor General must also conduct a financial audit 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,
[November 30. 2000] 32 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.) Section 99. Effective date. This Act takes effect on June 1, 2001.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1284 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1511 A bill for AN ACT to amend the Code of Criminal Procedure of 1963 by changing Section 110-6.3. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1511. Senate Amendment No. 2 to HOUSE BILL NO. 1511. Senate Amendment No. 3 to HOUSE BILL NO. 1511. Passed the Senate, as amended, November 30, 2000. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1511 by replacing the title with the following: "AN ACT in relation to criminal sentencing."; and by replacing everything after the enacting clause with the following: "Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 111-3 as follows: (725 ILCS 5/111-3) (from Ch. 38, par. 111-3) Sec. 111-3. Form of charge. (a) A charge shall be in writing and allege the commission of an offense by: (1) Stating the name of the offense; (2) Citing the statutory provision alleged to have been violated; (3) Setting forth the nature and elements of the offense charged; (4) Stating the date and county of the offense as definitely as can be done; and (5) Stating the name of the accused, if known, and if not known, designate the accused by any name or description by which he can be identified with reasonable certainty.
33 [November 30. 2000] (b) An indictment shall be signed by the foreman of the Grand Jury and an information shall be signed by the State's Attorney and sworn to by him or another. A complaint shall be sworn to and signed by the complainant; Provided, however, that when a citation is issued on a Uniform Traffic Ticket or Uniform Conservation Ticket (in a form prescribed by the Conference of Chief Circuit Judges and filed with the Supreme Court), the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed. (c) When the State seeks an enhanced sentence because of a prior conviction, the charge shall also state the intention to seek an enhanced sentence and shall state such prior conviction so as to give notice to the defendant. However, the fact of such prior conviction and the State's intention to seek an enhanced sentence are not elements of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. For the purposes of this Section, "enhanced sentence" means a sentence which is increased by a prior conviction from one classification of offense to another higher level classification of offense set forth in Section 5-5-1 of the "Unified Code of Corrections", approved July 26, 1972, as amended; it does not include an increase in the sentence applied within the same level of classification of offense. (c-5) Notwithstanding any other provision of law, in all cases in which the imposition of the death penalty is not a possibility, if an alleged fact (other than the fact of a prior conviction) is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact must be included in the charging instrument or otherwise provided to the defendant through a written notification before trial, submitted to a trier of fact as an aggravating factor, and proved beyond a reasonable doubt. Failure to prove the fact beyond a reasonable doubt is not a bar to a conviction for commission of the offense, but is a bar to increasing, based on that fact, the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for that offense. Nothing in this subsection (c-5) requires the imposition of a sentence that increases the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense if the imposition of that sentence is not required by law. (d) At any time prior to trial, the State on motion shall be permitted to amend the charge, whether brought by indictment, information or complaint, to make the charge comply with subsection (c) or (c-5) of this Section. Nothing in Section 103-5 of this Code precludes such an amendment. (e) The provisions of Article 33B of the Criminal Code of 1961, as amended, shall not be affected by this Section. (Source: P.A. 86-964.) Section 10. The Unified Code of Corrections is amended by changing Sections 5-5-3, 5-5-4, 5-8-1, and 5-8-2 as follows: (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3) Sec. 5-5-3. Disposition. (a) Every person convicted of an offense shall be sentenced as provided in this Section. (b) The following options shall be appropriate dispositions, alone or in combination, for all felonies and misdemeanors other than those identified in subsection (c) of this Section: (1) A period of probation. (2) A term of periodic imprisonment. (3) A term of conditional discharge. (4) A term of imprisonment. (5) An order directing the offender to clean up and repair the damage, if the offender was convicted under paragraph (h) of Section 21-1 of the Criminal Code of 1961. (6) A fine. (7) An order directing the offender to make restitution to the victim under Section 5-5-6 of this Code.
[November 30. 2000] 34 (8) A sentence of participation in a county impact incarceration program under Section 5-8-1.2 of this Code. Whenever an individual is sentenced for an offense based upon an arrest for a violation of Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and the professional evaluation recommends remedial or rehabilitative treatment or education, neither the treatment nor the education shall be the sole disposition and either or both may be imposed only in conjunction with another disposition. The court shall monitor compliance with any remedial education or treatment recommendations contained in the professional evaluation. Programs conducting alcohol or other drug evaluation or remedial education must be licensed by the Department of Human Services. However, if the individual is not a resident of Illinois, the court may accept an alcohol or other drug evaluation or remedial education program in the state of such individual's residence. Programs providing treatment must be licensed under existing applicable alcoholism and drug treatment licensure standards. In addition to any other fine or penalty required by law, any individual convicted of a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of local ordinance, whose operation of a motor vehicle while in violation of Section 11-501 or such ordinance proximately caused an incident resulting in an appropriate emergency response, shall be required to make restitution to a public agency for the costs of that emergency response. Such restitution shall not exceed $500 per public agency for each such emergency response. For the purpose of this paragraph, emergency response shall mean any incident requiring a response by: a police officer as defined under Section 1-162 of the Illinois Vehicle Code; a fireman carried on the rolls of a regularly constituted fire department; and an ambulance as defined under Section 4.05 of the Emergency Medical Services (EMS) Systems Act. Neither a fine nor restitution shall be the sole disposition for a felony and either or both may be imposed only in conjunction with another disposition. (c) (1) When a defendant is found guilty of first degree murder the State may either seek a sentence of imprisonment under Section 5-8-1 of this Code, or where appropriate seek a sentence of death under Section 9-1 of the Criminal Code of 1961. (2) A period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for the following offenses. The court shall sentence the offender to not less than the minimum term of imprisonment set forth in this Code for the following offenses, and may order a fine or restitution or both in conjunction with such term of imprisonment: (A) First degree murder where the death penalty is not imposed. (B) Attempted first degree murder. (C) A Class X felony. (D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing cocaine or an analog thereof. (E) A violation of Section 5.1 or 9 of the Cannabis Control Act. (F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony within 10 years of the date on which the offender committed the offense for which he or she is being sentenced, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (G) Residential burglary, except as otherwise provided in Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. (H) Criminal sexual assault, except as otherwise provided in subsection (e) of this Section. (I) Aggravated battery of a senior citizen.
35 [November 30. 2000] (J) A forcible felony if the offense was related to the activities of an organized gang. Before July 1, 1994, for the purposes of this paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes. Beginning July 1, 1994, for the purposes of this paragraph, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (K) Vehicular hijacking. (L) A second or subsequent conviction for the offense of hate crime when the underlying offense upon which the hate crime is based is felony aggravated assault or felony mob action. (M) A second or subsequent conviction for the offense of institutional vandalism if the damage to the property exceeds $300. (N) A Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners Identification Card Act. (O) A violation of Section 12-6.1 of the Criminal Code of 1961. (P) A violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 of the Criminal Code of 1961. (Q) A violation of Section 20-1.2 of the Criminal Code of 1961. (R) A violation of Section 24-3A of the Criminal Code of 1961. (3) A minimum term of imprisonment of not less than 48 consecutive hours or 100 hours of community service as may be determined by the court shall be imposed for a second or subsequent violation committed within 5 years of a previous violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance. (4) A minimum term of imprisonment of not less than 7 consecutive days or 30 days of community service shall be imposed for a violation of paragraph (c) of Section 6-303 of the Illinois Vehicle Code. (4.1) A minimum term of 30 consecutive days of imprisonment, 40 days of 24 hour periodic imprisonment or 720 hours of community service, as may be determined by the court, shall be imposed for a violation of Section 11-501 of the Illinois Vehicle Code during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of Section 11-501 or Section 11-501.1 of that Code. (5) The court may sentence an offender convicted of a business offense or a petty offense or a corporation or unincorporated association convicted of any offense to: (A) a period of conditional discharge; (B) a fine; (C) make restitution to the victim under Section 5-5-6 of this Code. (6) In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony. (7) When a defendant is adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, the court shall sentence the defendant to a term of natural life imprisonment. (8) When a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 felony, after having twice been convicted of any Class 2 or greater Class felonies in Illinois, and such charges are separately brought and tried and arise out of different
[November 30. 2000] 36 series of acts, such defendant shall be sentenced as a Class X offender. This paragraph shall not apply unless (1) the first felony was committed after the effective date of this amendatory Act of 1977; and (2) the second felony was committed after conviction on the first; and (3) the third felony was committed after conviction on the second. (9) A defendant convicted of a second or subsequent offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment. (d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court. The trial court shall hold a hearing under Section 5-4-1 of the Unified Code of Corrections which may include evidence of the defendant's life, moral character and occupation during the time since the original sentence was passed. The trial court shall then impose sentence upon the defendant. The trial court may impose any sentence which could have been imposed at the original trial subject to Section 5-5-4 of the Unified Code of Corrections. If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial. (e) In cases where prosecution for criminal sexual assault or aggravated criminal sexual abuse under Section 12-13 or 12-16 of the Criminal Code of 1961 results in conviction of a defendant who was a family member of the victim at the time of the commission of the offense, the court shall consider the safety and welfare of the victim and may impose a sentence of probation only where: (1) the court finds (A) or (B) or both are appropriate: (A) the defendant is willing to undergo a court approved counseling program for a minimum duration of 2 years; or (B) the defendant is willing to participate in a court approved plan including but not limited to the defendant's: (i) removal from the household; (ii) restricted contact with the victim; (iii) continued financial support of the family; (iv) restitution for harm done to the victim; and (v) compliance with any other measures that the court may deem appropriate; and (2) the court orders the defendant to pay for the victim's counseling services, to the extent that the court finds, after considering the defendant's income and assets, that the defendant is financially capable of paying for such services, if the victim was under 18 years of age at the time the offense was committed and requires counseling as a result of the offense. Probation may be revoked or modified pursuant to Section 5-6-4; except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant's probation and impose a term of imprisonment. For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section 12-12 of the Criminal Code of 1961. (f) This Article shall not deprive a court in other proceedings to order a forfeiture of property, to suspend or cancel a license, to remove a person from office, or to impose any other civil penalty. (g) Whenever a defendant is convicted of an offense under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV) or any other
37 [November 30. 2000] identified causative agent of acquired immunodeficiency syndrome (AIDS). Any such medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the defendant's person. Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of the test results. The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or legal guardian of the test results. The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (g-5) When an inmate is tested for an airborne communicable disease, as determined by the Illinois Department of Public Health including but not limited to tuberculosis, the results of the test shall be personally delivered by the warden or his or her designee in a sealed envelope to the judge of the court in which the inmate must appear for the judge's inspection in camera if requested by the judge. Acting in accordance with the best interests of those in the courtroom, the judge shall have the discretion to determine what if any precautions need to be taken to prevent transmission of the disease in the courtroom. (h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS). Except as otherwise provided by law, the results of such test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the conviction was entered for the judge's inspection in camera. Acting in accordance with the best interests of the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed. The court shall notify the defendant of a positive test showing an infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at Department of Public Health facilities to all parties to whom the results of the testing are revealed and shall direct the State's Attorney to provide the information to the victim when possible. A State's Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the State's Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant. The court shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant. (i) All fines and penalties imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local
[November 30. 2000] 38 ordinance, shall be collected and disbursed by the circuit clerk as provided under Section 27.5 of the Clerks of Courts Act. (j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, or any violation of the Cannabis Control Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substance Act of a defendant, the court shall determine whether the defendant is employed by a facility or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis. When a defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant's employer by certified mail. If the employer of the defendant is a school, the Clerk of the Court shall direct the mailing of a copy of the judgment of conviction or order of supervision or probation to the appropriate regional superintendent of schools. The regional superintendent of schools shall notify the State Board of Education of any notification under this subsection. (j-5) A defendant at least 17 years of age who is convicted of a felony and who has not been previously convicted of a misdemeanor or felony and who is sentenced to a term of imprisonment in the Illinois Department of Corrections shall as a condition of his or her sentence be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing the high school level Test of General Educational Development (GED) or to work toward completing a vocational training program offered by the Department of Corrections. If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test. The Prisoner Review Board shall revoke the mandatory supervised release of a defendant who wilfully fails to comply with this subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term; however, the inability of the defendant after making a good faith effort to obtain financial aid or pay for the educational training shall not be deemed a wilful failure to comply. The Prisoner Review Board shall recommit the defendant whose mandatory supervised release term has been revoked under this subsection (j-5) as provided in Section 3-3-9. This subsection (j-5) does not apply to a defendant who has a high school diploma or has successfully passed the GED test. This subsection (j-5) does not apply to a defendant who is determined by the court to be developmentally disabled or otherwise mentally incapable of completing the educational or vocational program. (k) A court may not impose a sentence or disposition for a felony or misdemeanor that requires the defendant to be implanted or injected with or to use any form of birth control. (l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State's Attorney, hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be
39 [November 30. 2000] inconsistent with the ends of justice. Otherwise, the defendant shall be sentenced as provided in this Chapter V. (B) If the defendant has already been sentenced for a felony or misdemeanor offense, or has been placed on probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act, the court may, upon motion of the State's Attorney to suspend the sentence imposed, commit the defendant to the custody of the Attorney General of the United States or his or her designated agent when: (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant's conduct and would not be inconsistent with the ends of justice. (C) This subsection (l) does not apply to offenders who are subject to the provisions of paragraph (2) of subsection (a) of Section 3-6-3. (D) Upon motion of the State's Attorney, if a defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced. Thereafter, the defendant shall be brought before the sentencing court, which may impose any sentence that was available under Section 5-5-3 at the time of initial sentencing. In addition, the defendant shall not be eligible for additional good conduct credit for meritorious service as provided under Section 3-6-6. (m) A person convicted of criminal defacement of property under Section 21-1.3 of the Criminal Code of 1961, in which the property damage exceeds $300 and the property damaged is a school building, shall be ordered to perform community service that may include cleanup, removal, or painting over the defacement. (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff. 12-22-99; 91-695, eff. 4-13-00.) (730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4) Sec. 5-5-4. Resentences. Where a conviction or sentence has been set aside on direct review or on collateral attack, the court shall not impose a new sentence for the same offense or for a different offense based on the same conduct which is more severe than the prior sentence less the portion of the prior sentence previously satisfied unless the more severe sentence is based upon conduct on the part of the defendant occurring after the original sentencing. If a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum otherwise applicable, either the defendant may be re-sentenced to a term within the range otherwise provided or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial. (Source: P.A. 77-2097.) (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) Sec. 5-8-1. Sentence of Imprisonment for Felony. (a) Except as otherwise provided in the statute defining the offense, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations: (1) for first degree murder, (a) a term shall be not less than 20 years and not more than 60 years, or (b) if a trier of fact
[November 30. 2000] 40 cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) of Section 9-1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or (c) the court shall sentence the defendant to a term of natural life imprisonment when the death penalty is not imposed if the defendant, (i) has previously been convicted of first degree murder under any state or federal law, or (ii) is a person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age; or, irrespective of the defendant's age at the time of the commission of the offense, is found guilty of murdering more than one victim, or (iii) is found guilty of murdering a peace officer or fireman when the peace officer or fireman was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer or fireman performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman, or (iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or (v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or (vi) is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, or (vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 1961. For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act. (d) (i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
41 [November 30. 2000] (ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court; (iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. (1.5) for second degree murder, a term shall be not less than 4 years and not more than 20 years; (2) for a person adjudged a habitual criminal under Article 33B of the Criminal Code of 1961, as amended, the sentence shall be a term of natural life imprisonment; (2.5) for a person convicted under the circumstances described in paragraph (3) of subsection (b) of Section 12-13, paragraph (2) of subsection (d) of Section 12-14, paragraph (1.2) of subsection (b) of Section 12-14.1, or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961, the sentence shall be a term of natural life imprisonment; (3) except as otherwise provided in the statute defining the offense, for a Class X felony, the sentence shall be not less than 6 years and not more than 30 years; (4) for a Class 1 felony, other than second degree murder, the sentence shall be not less than 4 years and not more than 15 years; (5) for a Class 2 felony, the sentence shall be not less than 3 years and not more than 7 years; (6) for a Class 3 felony, the sentence shall be not less than 2 years and not more than 5 years; (7) for a Class 4 felony, the sentence shall be not less than 1 year and not more than 3 years. (b) The sentencing judge in each felony conviction shall set forth his reasons for imposing the particular sentence he enters in the case, as provided in Section 5-4-1 of this Code. Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such circumstances, as well as any other such factors as the judge shall set forth on the record that are consistent with the purposes and principles of sentencing set out in this Code. (c) A motion to reduce a sentence may be made, or the court may reduce a sentence without motion, within 30 days after the sentence is imposed. A defendant's challenge to the correctness of a sentence or to any aspect of the sentencing hearing shall be made by a written motion filed within 30 days following the imposition of sentence. However, the court may not increase a sentence once it is imposed. If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, the proponent of the motion shall exercise due diligence in seeking a determination on the motion and the court shall thereafter decide such motion within a reasonable time. If a motion filed pursuant to this subsection is timely filed within 30 days after the sentence is imposed, then for purposes of perfecting an appeal, a final judgment shall not be considered to have been entered until the motion to reduce a sentence has been decided by order entered by the trial court. A motion filed pursuant to this subsection shall not be considered to have been timely filed unless it is filed with the circuit court clerk within 30 days after the sentence is imposed together with a notice of motion, which notice of motion shall set the motion on the court's calendar on a date certain within a reasonable time after the date of filing. (d) Except where a term of natural life is imposed, every sentence shall include as though written therein a term in addition to the term of imprisonment. For those sentenced under the law in effect prior to February 1, 1978, such term shall be identified as a parole term. For those sentenced on or after February 1, 1978, such term
[November 30. 2000] 42 shall be identified as a mandatory supervised release term. Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be as follows: (1) for first degree murder or a Class X felony, 3 years; (2) for a Class 1 felony or a Class 2 felony, 2 years; (3) for a Class 3 felony or a Class 4 felony, 1 year; (4) if the victim is under 18 years of age, for a second or subsequent offense of criminal sexual assault or aggravated criminal sexual assault, 5 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code; (5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code. (e) A defendant who has a previous and unexpired sentence of imprisonment imposed by another state or by any district court of the United States and who, after sentence for a crime in Illinois, must return to serve the unexpired prior sentence may have his sentence by the Illinois court ordered to be concurrent with the prior sentence in the other state. The court may order that any time served on the unexpired portion of the sentence in the other state, prior to his return to Illinois, shall be credited on his Illinois sentence. The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the Illinois Department of Corrections. The court shall cause the Department of Corrections to be notified of such sentence at the time of commitment and to be provided with copies of all records regarding the sentence. (f) A defendant who has a previous and unexpired sentence of imprisonment imposed by an Illinois circuit court for a crime in this State and who is subsequently sentenced to a term of imprisonment by another state or by any district court of the United States and who has served a term of imprisonment imposed by the other state or district court of the United States, and must return to serve the unexpired prior sentence imposed by the Illinois Circuit Court may apply to the court which imposed sentence to have his sentence reduced. The circuit court may order that any time served on the sentence imposed by the other state or district court of the United States be credited on his Illinois sentence. Such application for reduction of a sentence under this subsection (f) shall be made within 30 days after the defendant has completed the sentence imposed by the other state or district court of the United States. (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99; 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.) (730 ILCS 5/5-8-2) (from Ch. 38, par. 1005-8-2) Sec. 5-8-2. Extended Term. (a) A judge shall not sentence an offender to a term of imprisonment in excess of the maximum sentence authorized by Section 5-8-1 for the class of the most serious offense of which the offender was convicted unless the factors in aggravation set forth in paragraph (b) of Section 5-5-3.2 were found to be present. Where a trier of fact
43 [November 30. 2000] and not more than 10 years; (6) for a Class 4 felony, a term shall be not less than 3 years and not more than 6 years. (b) If the conviction was by plea, it shall appear on the record that the plea was entered with the defendant's knowledge that a sentence under this Section was a possibility. If it does not so appear on the record, the defendant shall not be subject to such a sentence unless he is first given an opportunity to withdraw his plea without prejudice. (Source: P.A. 85-902.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 1511, AS AMENDED, with reference to the page and line numbers of Senate Amendment No. 1, on page 3, line 15 by inserting after "complaint," the following: "or provide written notification,". AMENDMENT NO. 3. Amend House Bill 1511, AS AMENDED, in subsection (d) of Sec. 111-3 of Section 5, by deleting "or provide written notification,"; and in subsection (d) of Sec. 111-3 of Section 5, by inserting after "amendment" the following: "or a written notification made in accordance with subsection (c-5) of this Section". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1511 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1582 A bill for AN ACT to amend the Illinois Pension Code by changing Section 17-127.2. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 1582. Passed the Senate, as amended, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1582 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 14-107, 14-108, 14-114, 16-132, 16-133, and 16-133.1 as follows: (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107) Sec. 14-107. Retirement annuity - service and age - conditions. A member is entitled to a retirement annuity after having at least 8 years of creditable service.
[November 30. 2000] 44 A member who has at least 35 years of creditable service may claim his or her retirement annuity at any age. A member having at least 8 years of creditable service but less than 35 may claim his or her retirement annuity upon or after attainment of age 60 or, beginning January 1, 2001, any lesser age which, when added to the number of years of his or her creditable service, equals at least 85. A member upon or after attainment of age 55 having at least 25 years
45 [November 30. 2000] member would have been eligible if coordination were not applicable. (f) The retirement annuity payable to any covered employee who is a member of the System and in service on January 1, 1969, or in service thereafter in 1969 as a result of the legislation designated in the immediately preceding paragraph, if fully insured for Old Age Insurance payments under the Federal Social Security Act at the date of acceptance of a retirement annuity, shall not be less than an amount which when added to the Primary Insurance Benefit payable to the member upon attainment of age 65 under such Federal Act, will equal the annuity which would otherwise be payable if the coordinated plan of coverage were not applicable. (g) In the case of a member who is a noncovered employee, the retirement annuity for membership service as a security employee of the Department of Corrections or security employee of the Department of Human Services shall be 1.9% of final average compensation for each of the first 10 years of service,
[November 30. 2000] 46 shall have the amount of the fixed and payable retirement annuity increased by 3% on the January 1 occurring on or next following (1) attainment of age 60, or (2) the first anniversary of retirement, whichever occurs later. However, for persons who receive the alternative retirement annuity under Section 14-110, references in this subsection (a) to attainment of age 60 shall be deemed to refer to attainment of age 55. For a person receiving early retirement incentives under Section 14-108.3 whose retirement annuity began after January 1, 1992 pursuant to an extension granted under subsection (e) of that Section, the first anniversary of retirement shall be deemed to be January 1, 1993. On each January 1 following the date of the initial increase under this subsection, the employee's monthly retirement annuity shall be increased by an additional 3%. Beginning January 1, 1990, all automatic annual increases payable under this Section shall be calculated as a percentage of the total annuity payable at the time of the increase, including previous increases granted under this Article. (b) The provisions of subsection (a) of this Section shall be applicable to an employee only if the employee makes the additional contributions required after December 31, 1969 for the purpose of the automatic increases for not less than the equivalent of one full year. If an employee becomes an annuitant before his additional contributions equal one full year's contributions based on his salary at the date of retirement, the employee may pay the necessary balance of the contributions to the system, without interest, and be eligible for the increasing annuity authorized by this Section. (c) The provisions of subsection (a) of this Section shall not be applicable to any annuitant who is on retirement on December 31, 1969, and thereafter returns to State service, unless the member has established at least one year of additional creditable service following reentry into service. (d) In addition to other increases which may be provided by this Section, on January 1, 1981 any annuitant who was receiving a retirement annuity on or before January 1, 1971 shall have his retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1982, any annuitant who began receiving a retirement annuity on or before January 1, 1977, shall have his retirement annuity then being paid increased $1 per month for each year of creditable service. On January 1, 1987, any annuitant who began receiving a retirement annuity on or before January 1, 1977, shall have the monthly retirement annuity increased by an amount equal to 8¢ per year of creditable service times the number of years that have elapsed since the annuity began. (e) Every person who receives the alternative retirement annuity under Section 14-110 and who is eligible to receive the 3% increase under subsection (a) on January 1, 1986, shall also receive on that date a one-time increase in retirement annuity equal to the difference between (1) his actual retirement annuity on that date, including any increases received under subsection (a), and (2) the amount of retirement annuity he would have received on that date if the amendments to subsection (a) made by Public Act 84-162 had been in effect since the date of his retirement. (Source: P.A. 86-273; 87-1265.) (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132) Sec. 16-132. Retirement annuity eligibility. A member who has at least 20 years of creditable service is entitled to a retirement annuity upon or after attainment of age 55. A member who has at least 10 but less than 20 years of creditable service is entitled to a retirement annuity upon or after attainment of age 60. A member who has at least 5 but less than 10 years of creditable service is entitled to a retirement annuity upon or after attainment of age 62. A member who (i) has earned during the period immediately preceding the last day of service at least one year of contributing creditable service as an employee of a department as defined in Section 14-103.04, (ii) has
47 [November 30. 2000] earned at least 5 years of contributing creditable service as an employee of a department as defined in Section 14-103.04, and (iii) retires on or after January 1, 2001 is entitled to a retirement annuity upon or after attainment of an age which, when added to the number of years of his or her total creditable service, equals at least 85. Portions of years shall be counted as decimal equivalents. A member who is eligible to receive a retirement annuity of at least 74.6% of final average salary and will attain age 55 on or before December 31 during the year which commences on July 1 shall be deemed to attain age 55 on the preceding June 1. A member meeting the above eligibility conditions is entitled to a retirement annuity upon written application to the board setting forth the date the member wishes the retirement annuity to commence. However, the effective date of the retirement annuity shall be no earlier than the day following the last day of creditable service, regardless of the date of official termination of employment. To be eligible for a retirement annuity, a member shall not be employed as a teacher in the schools included under this System or under Article 17, unless the member is disabled (in which event, eligibility for salary must cease), or unless the System is required by federal law to commence payment due to the member's age; the changes to this sentence made by this amendatory Act of 1991 shall apply without regard to whether the member terminated employment before or after its effective date. (Source: P.A. 90-582, eff. 5-27-98.) (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133) Sec. 16-133. Retirement annuity; amount. (a) The amount of the retirement annuity shall be the larger of the amounts determined under paragraphs (A) and (B) below: (A) An amount consisting of the sum of the following: (1) An amount that can be provided on an actuarially equivalent basis by the member's accumulated contributions at the time of retirement; and (2) The sum of (i) the amount that can be provided on an actuarially equivalent basis by the member's accumulated contributions representing service prior to July 1, 1947, and (ii) the amount that can be provided on an actuarially equivalent basis by the amount obtained by multiplying 1.4 times the member's accumulated contributions covering service subsequent to June 30, 1947; and (3) If there is prior service, 2 times the amount that would have been determined under subparagraph (2) of paragraph (A) above on account of contributions which would have been made during the period of prior service creditable to the member had the System been in operation and had the member made contributions at the contribution rate in effect prior to July 1, 1947. (B) An amount consisting of the greater of the following: (1) For creditable service earned before July 1, 1998 that has not been augmented under Section 16-129.1: 1.67% of final average salary for each of the first 10 years of creditable service, 1.90% of final average salary for each year in excess of 10 but not exceeding 20, 2.10% of final average salary for each year in excess of 20 but not exceeding 30, and 2.30% of final average salary for each year in excess of 30; and For creditable service earned on or after July 1, 1998 by a member who has at least 24 years of creditable service on July 1, 1998 and who does not elect to augment service under Section 16-129.1: 2.2% of final average salary for each year of creditable service earned on or after July 1, 1998 but before the member reaches a total of 30 years of creditable service and 2.3% of final average salary for each year of creditable service earned on or after July 1, 1998 and after the member reaches a total of 30 years of creditable service; and
[November 30. 2000] 48 For all other creditable service: 2.2% of final average salary for each year of creditable service; or (2) 1.5% of final average salary for each year of creditable service plus the sum $7.50 for each of the first 20 years of creditable service. The amount of the retirement annuity determined under this paragraph (B) shall be reduced by 1/2 of 1% for each month that the member is less than age 60 at the time the retirement annuity begins. However, this reduction shall not apply (i) if the member has at least 35 years of creditable service, or (ii) if the member retires on account of disability under Section 16-149.2 of this Article with at least 20 years of creditable service, or (iii) if the member (1) has earned during the period immediately preceding the last day of service at least one year of contributing creditable service as an employee of a department as defined in Section 14-103.04, (2) has earned at least 5 years of contributing creditable service as an employee of a department as defined in Section 14-103.04, (3) retires on or after January 1, 2001, and (4) retires having attained an age which, when added to the number of years of his or her total creditable service, equals at least 85. Portions of years shall be counted as decimal equivalents. (b) For purposes of this Section, final average salary shall be the average salary for the highest 4 consecutive years within the last 10 years of creditable service as determined under rules of the board. The minimum final average salary shall be considered to be $2,400 per year. In the determination of final average salary for members other than elected officials and their appointees when such appointees are allowed by statute, that part of a member's salary for any year beginning after June 30, 1979 which exceeds the member's annual full-time salary rate with the same employer for the preceding year by more than 20% shall be excluded. The exclusion shall not apply in any year in which the member's creditable earnings are less than 50% of the preceding year's mean salary for downstate teachers as determined by the survey of school district salaries provided in Section 2-3.103 of the School Code. (c) In determining the amount of the retirement annuity under paragraph (B) of this Section, a fractional year shall be granted proportional credit. (d) The retirement annuity determined under paragraph (B) of this Section shall be available only to members who render teaching service after July 1, 1947 for which member contributions are required, and to annuitants who re-enter under the provisions of Section 16-150. (e) The maximum retirement annuity provided under paragraph (B) of this Section shall be 75% of final average salary. (f) A member retiring after the effective date of this amendatory Act of 1998 shall receive a pension equal to 75% of final average salary if the member is qualified to receive a retirement annuity equal to at least 74.6% of final average salary under this Article or as proportional annuities under Article 20 of this Code. (Source: P.A. 90-582, eff. 5-27-98; 91-17, eff. 6-4-99; 91-887, eff. 7-6-00.) (40 ILCS 5/16-133.1) (from Ch. 108 1/2, par. 16-133.1) Sec. 16-133.1. Automatic annual increase in annuity. (a) Each member with creditable service and retiring on or after August 26, 1969 is entitled to the automatic annual increases in annuity provided under this Section while receiving a retirement annuity or disability retirement annuity from the system. An annuitant shall first be entitled to an initial increase under this Section on the January 1 next following the first anniversary of retirement, or January 1 of the year next following attainment of age 61, whichever is later. At such time, the system shall pay an initial increase determined as follows: (1) 1.5% of the originally granted retirement annuity or disability retirement annuity multiplied by the number of years elapsed, if any, from
49 [November 30. 2000] the date of retirement
[November 30. 2000] 50 Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 3612 A bill for AN ACT in relation to the Metropolitan Water Reclamation District Act. Together with the attached amendments thereto (which amendments have been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 3612. Senate Amendment No. 2 to HOUSE BILL NO. 3612. Passed the Senate, as amended, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 3612 by replacing everything after the enacting clause with the following: "Section 5. The Metropolitan Water Reclamation District Act is amended by adding Sections 283 and 284 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 Act are extended to include within those limits the following described tract of land, and that tract is annexed to the District. THAT PART OF SECTIONS 21, 28 AND 33, TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 19 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28, A DISTANCE OF 2624.22 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33, A DISTANCE OF 643.38 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES 35 SECONDS WEST, A DISTANCE OF 1079.11 FEET TO A POINT ON A LINE 1079.10 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 33; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 281.47 FEET; THENCE NORTH 89 DEGREES 40 MINUTES 35 SECONDS EAST, A DISTANCE OF 1079.11 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 33; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 1707.93 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE NORTH 89 DEGREES 58 MINUTES 22 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1079.10 FEET TO A POINT ON A LINE 1079.10 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 33; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 1313.07 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE SOUTH 89 DEGREES 51 MINUTES 05 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID NORTHEAST QUARTER, A DISTANCE OF 1334.88 FEET; THENCE NORTH 22 DEGREES 20 MINUTES 04 SECONDS EAST A DISTANCE OF 241.05 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 165.00 FEET AND A CHORD BEARING OF NORTH 42 DEGREES 58 MINUTES 45 SECONDS WEST, AN ARC LENGTH OF 91.17 FEET TO A POINT ON A NON-TANGENT LINE; THENCE SOUTH 62 DEGREES 51 MINUTES 00 SECONDS WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 50 DEGREES 00 MINUTES 12 SECONDS WEST, A
51 [November 30. 2000] DISTANCE OF 114.07 FEET TO A POINT ON THE EAST LINE OF ILLINOIS ROUTE 59; THENCE NORTH 00 DEGREES 11 MINUTES 17 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 523.87 FEET; THENCE SOUTH 84 DEGREES 58 MINUTES 24 SECONDS EAST, A DISTANCE OF 228.14 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1501.93 FEET AND A CHORD BEARING OF NORTH 01 DEGREES 29 MINUTES 47 SECONDS WEST, AN ARC LENGTH OF 341.98 FEET; THENCE SOUTH 81 DEGREES 58 MINUTES 50 SECONDS WEST, A DISTANCE OF 221.47 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 59; THENCE NORTHERLY ALONG THE EAST LINE OF SAID ILLINOIS ROUTE 59 FOR THE FOLLOWING EIGHT COURSES; (1) THENCE NORTH 00 DEGREES 11 MINUTES 17 SECONDS WEST, A DISTANCE OF 193.36 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 28; (2) THENCE NORTH 00 DEGREES 11 MINUTES 05 SECONDS WEST, A DISTANCE OF 2637.83 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 28; (3) THENCE NORTH 00 DEGREES 12 MINUTES 10 SECONDS WEST, A DISTANCE OF 485.70 FEET TO A POINT ON A CURVE; (4) THENCE NORTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 4724.70 FEET AND A CHORD BEARING OF NORTH 06 DEGREES 32 MINUTES 11 SECONDS EAST WITH AN ARC LENGTH OF 1111.22; (5) THENCE NORTH 13 DEGREES 16 MINUTES 19 SECONDS EAST, A DISTANCE OF 303.90 FEET TO A POINT ON A CURVE; (6) THENCE NORTHERLY ALONG A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1482.40 FEET AND A CHORD BEARING OF NORTH 06 DEGREES 58 MINUTES 21 SECONDS WEST WITH AN ARC LENGTH OF 1047.56 FEET; (7) THENCE NORTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2242.01 FEET AND A CHORD BEARING OF NORTH 20 DEGREES 03 MINUTES 26 SECONDS EAST WITH AN ARC LENGTH OF 384.99 FEET; (8) THENCE NORTH 24 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 2212.09 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 21; THENCE SOUTH 89 DEGREES 51 MINUTES 08 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 533.41 FEET; THENCE NORTH 00 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE OF 1131.30 FEET TO A POINT ON THE EAST LINE OF SAID ILLINOIS ROUTE 59; THENCE NORTHERLY ALONG SAID EAST LINE FOR THE FOLLOWING 3 COURSES; (1) THENCE NORTH 24 DEGREES 58 MINUTES 30 SECONDS EAST, A DISTANCE OF 1195.93 FEET; (2) THENCE NORTH 27 DEGREES 49 MINUTES 55 SECONDS EAST, A DISTANCE OF 200.22 FEET; (3) THENCE NORTH 24 DEGREES 58 MINUTES 12 SECONDS EAST, A DISTANCE OF 257.37 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 21; THENCE NORTH 89 DEGREES 57 MINUTES 47 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 134.37 FEET; THENCE SOUTH 36 DEGREES 57 MINUTES 24 SECONDS WEST, A DISTANCE OF 285.13 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 47 SECONDS EAST, A DISTANCE OF 600.00 FEET; THENCE SOUTH 82 DEGREES 06 MINUTES 19 SECONDS EAST, A DISTANCE OF 221.79 FEET TO A POINT ON A CURVE BEING THE WEST LINE OF BARTLETT ROAD; THENCE ALONG THE WEST LINE OF SAID BARTLETT ROAD FOR THE FOLLOWING SEVEN COURSES; (1) THENCE SOUTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5779.65 FEET AND A CHORD BEARING OF SOUTH 06 DEGREES 40 MINUTES 43 SECONDS WEST WITH AN ARC LENGTH OF 182.71 FEET; (2) THENCE SOUTH 89 DEGREES 50 MINUTES 29 SECONDS WEST, A DISTANCE OF 13.94 FEET; (3) THENCE SOUTH 00 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 154.30 FEET TO A POINT ON A CURVE; (4) THENCE SOUTHERLY ALONG A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5779.65 FEET AND A CHORD BEARING OF SOUTH 02 DEGREES 02 MINUTES 21 SECONDS WEST WITH AN ARC LENGTH 443.40 FEET; (5) THENCE NORTH 89 DEGREES 50 MINUTES 29 SECONDS EAST, A DISTANCE OF 17.00 FEET; (6) THENCE SOUTH 00 DEGREES 09 MINUTES 31 SECONDS EAST, A DISTANCE OF 991.17 FEET; (7) THENCE SOUTH 00 DEGREES 11 MINUTES 19 SECONDS EAST, A DISTANCE OF 389.83 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 41 SECONDS EAST, A DISTANCE OF 33.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 11 MINUTES 19 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 2245.24 FEET TO THE NORTHEAST CORNER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 50 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 28, A DISTANCE OF 123.76 FEET TO A POINT ON A LINE 123.76 FEET WEST OF AND PARALLEL WITH THE EAST
[November 30. 2000] 52 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 27 MINUTES 50 SECONDS EAST ALONG SAID PARALLEL LINE; A DISTANCE OF 173.25 FEET TO A POINT ON A LINE 173.24 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 28; THENCE SOUTH 89 DEGREES 50 MINUTES 29 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 123.76 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 28; THENCE SOUTH 00 DEGREES 27 MINUTES 50 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 2454.80 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (70 ILCS 2605/284 new) Sec. 284. 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, and those tracts are annexed to the District: THAT PART OF FRACTIONAL SECTION 4, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN AS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY EXTENSION OF THE EASTERLY LINE, OF BRIDLEWOOD FARMS UNIT THREE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 24, 1997 AS DOCUMENT NUMBER 97286059 WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SHOE FACTORY ROAD ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 16052045 AND CONVEYED BY A DEED RECORDED AS DOCUMENT NUMBER 12311617; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ALSO BEING ALONG THE ARC OF A NON-TANGENTIAL CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1689.24 FEET, A DISTANCE OF 425.86 FEET AND WHOSE CHORD LENGTH OF 424.74 FEET BEARS NORTH 72 DEGREES 05 MINUTES 32 SECONDS WEST TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 64 DEGREES 52 MINUTES 12 SECONDS WEST A DISTANCE OF 306.08 FEET TO A POINT OF CURVATURE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1088.23 FEET, A DISTANCE OF 323.34 FEET TO A POINT ON THE EASTERLY LINE OF A PARCEL OF LAND CONVEYED BY DOCUMENT NUMBER 90144382, POINT ALSO BEING AN IRON PIPE; THENCE THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG THE EASTERLY, AND NORTHERLY, LINE OF SAID PARCEL (1) THENCE NORTH 16 DEGREES 58 MINUTES 48 SECONDS EAST A DISTANCE OF 186.01 FEET TO A REBAR; (2) THENCE NORTH 11 DEGREES 11 MINUTES 08 SECONDS EAST A DISTANCE OF 189.61 FEET TO A REBAR; (3) THENCE NORTH 80 DEGREES 14 MINUTES 16 SECONDS WEST A DISTANCE OF 338.37 FEET TO A REBAR LYING ON THE MONUMENTED EAST LINE OF THE LAND CONVEYED TO LOUIS FEHRAM PER DOCUMENT 4517692; THENCE NORTH 00 DEGREES 19 MINUTES 38 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 747.18 FEET TO AN IRON PIPE LYING ON THE SOUTHEASTERLY LINE OF TOLLWAY PARCEL N-6A-30.6 PER DOCUMENT 94492780; THENCE NORTH 50 DEGREES 57 MINUTES 01 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, MORE OR LESS, A DISTANCE OF 320.11 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF A NICOR PARCEL PER A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 17502847; THENCE THE FOLLOWING SIX (6) COURSES AND DISTANCES ALONG SAID SOUTHERLY LINE; (1) THENCE SOUTH 57 DEGREES 56 MINUTES 20 SECONDS EAST, MORE OR LESS, A DISTANCE OF 134.20 FEET, MORE OR LESS, TO AN IRON PIPE; (2) THENCE SOUTH 45 DEGREES 09 MINUTES 20 SECONDS EAST A DISTANCE OF 237.03 FEET TO AN IRON PIPE; (3) THENCE NORTH 89 DEGREES 51 MINUTES 29 SECONDS EAST A DISTANCE OF 592.28 FEET TO AN IRON PIPE; (4) THENCE NORTH 47 DEGREES 55 MINUTES 54 SECONDS EAST, A DISTANCE OF 479.59 FEET TO AN IRON PIPE; (5) THENCE NORTH 85 DEGREES 58 MINUTES 03 SECONDS EAST, A DISTANCE OF 302.91 FEET TO AN IRON PIPE; (6) THENCE SOUTH 85 DEGREES 45 MINUTES 25 SECONDS EAST A DISTANCE OF 26.02 FEET TO AN IRON PIPE, LYING ON THE AFOREMENTIONED WESTERLY LINE, MORE OR LESS, OF BRIDLEWOOD FARMS UNIT THREE SUBDIVISION; THENCE SOUTH 16 DEGREES 25 MINUTES 21 SECONDS WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 1648.30 FEET TO AN IRON PIPE; THENCE SOUTH 24 DEGREES 39 MINUTES 26 SECONDS WEST, CONTINUING ALONG SAID WESTERLY LINE, A DISTANCE OF 270.22 FEET TO THE POINT OF BEGINNING, CONTAINING 47.1 ACRES, MORE OR LESS, AND LYING IN COOK COUNTY,
53 [November 30. 2000] ILLINOIS. THAT PART OF FRACTIONAL SECTION 5 AND THE NORTH HALF OF SECTION 8, BOTH IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 8 AS SHOWN ON THE PLAT OF SURVEY RECORDED JUNE 26, 1981 AS DOCUMENT 25918743, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE WESTERLY ALONG THE SAID APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THE FOLLOWING TWO (2) COURSES AND DISTANCES, (1) THENCE NORTH 83 DEGREES 21 MINUTES 37 SECONDS WEST (ILLINOIS STATE PLANE GRID - EAST ZONE) A DISTANCE OF 516.38 FEET TO A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 373.44 FEET, A DISTANCE OF 148.10 FEET; THENCE NORTH 21 DEGREES 57 MINUTES 30 SECONDS WEST A DISTANCE OF 600.00 FEET; THENCE NORTH 47 DEGREES 56 MINUTES 25 SECONDS EAST A DISTANCE OF 399.56 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 25 SECONDS WEST A DISTANCE OF 300.00 FEET TO A LINE DRAWN PARALLEL WITH AND 1942.50 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE OCCUPIED AND MONUMENTED CENTERLINE OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY'S NORTHWEST TOLLWAY (I-90); THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 600.00 FEET TO A MONUMENTED LINE OF OCCUPATION; THENCE SOUTH 00 DEGREES 34 MINUTES 55 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 1173.44 FEET TO THE POINT OF BEGINNING CONTAINING 18.769 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF FRACTIONAL SECTION 5 AND THE NORTH HALF OF SECTION 8, BOTH IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 8 AS SHOWN ON THE PLAT OF SURVEY RECORDED JUNE 26, 1981 AS DOCUMENT 25918743, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE WESTERLY ALONG THE SAID APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD, THE FOLLOWING TWO (2) COURSES AND DISTANCES, (1) THENCE NORTH 83 DEGREES 21 MINUTES 37 SECONDS WEST (ILLINOIS STATE PLANE GRID - EAST ZONE) A DISTANCE OF 516.38 FEET TO A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 373.44 FEET, A DISTANCE OF 148.10 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE SAID APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) THENCE CONTINUING WESTERLY ALONG THE AFOREMENTIONED DESCRIBED CURVED LINE, A DISTANCE OF 71.36 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 62 DEGREES 58 MINUTES 08 SECONDS WEST A DISTANCE OF 630.31 FEET TO THE NORTHEAST CORNER OF BERNER ESTATES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 7, 1958 AS DOCUMENT NUMBER 17129065, POINT BEING MONUMENTED WITH A RAILROAD SPIKE; (3) THENCE SOUTH 74 DEGREES 05 MINUTES 08 SECONDS WEST, ALSO BEING ALONG THE NORTHERLY LINE OF SAID BERNER ESTATES, A DISTANCE OF 364.88 FEET TO A BEND POINT IN SAID NORTHERLY LINE; (4) THENCE SOUTH 80 DEGREES 03 MINUTES 14 SECONDS WEST, ALSO BEING ALONG THE NORTH LINE OF SAID BERNER ESTATES, A DISTANCE OF 265.71 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE 190.00 FOOT-WIDE COMED RIGHT-OF-WAY; THENCE NORTH 00 DEGREES 04 MINUTES 04 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 1579.13 FEET TO A LINE DRAWN PARALLEL WITH AND 1942.50 FEET SOUTH, OF AS MEASURED PERPENDICULAR TO, THE OCCUPIED AND MONUMENTED CENTERLINE OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY'S NORTHWEST TOLLWAY (I-90); THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1309.94 FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 25 SECONDS EAST A DISTANCE OF 300.00 FEET; THENCE SOUTH 47 DEGREES 56 MINUTES 25 SECONDS WEST A DISTANCE OF 399.56 FEET; THENCE SOUTH 21 DEGREES 57 MINUTES 30 SECONDS EAST A DISTANCE OF 600.00 FEET TO THE POINT OF BEGINNING, CONTAINING 38.256 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF THE NORTH HALF OF SECTION 8, IN TOWNSHIP 41 NORTH, RANGE 9
[November 30. 2000] 54 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 8 AS SHOWN ON THE PLAT OF SURVEY RECORDED JUNE 26, 1981 AS DOCUMENT 25918743, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE SOUTH 00 DEGREES 07 MINUTES 25 SECONDS EAST (ILLINOIS STATE PLANE GRID-EAST ZONE), ALONG THE WEST LINE OF SAID PARCEL 8, A DISTANCE OF 1783.14 FEET TO THE NORTHEAST CORNER OF LOT 22 IN BERNER ESTATES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 7, 1958 AS DOCUMENT NUMBER 17129065, POINT BEING MONUMENTED WITH AN IRON ROD; THENCE SOUTH 87 DEGREES 41 MINUTES 01 SECONDS WEST, ALONG THE NORTHERLY LINE OF SAID LOT 22 AND THE NORTHERLY LINES OF LOTS 23 AND 7 IN SAID BERNER ESTATES, A DISTANCE OF 945.77 FEET TO THE EASTERLY LINE OF LOTS 5, 3 AND 2 IN SAID BERNER ESTATES; THENCE NORTH 12 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG SAID EASTERLY LINE AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 1594.34 FEET TO THE NORTHEAST CORNER OF SAID BERNER ESTATES, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE EASTERLY THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG SAID APPROXIMATE CENTERLINE; (1) THENCE NORTH 62 DEGREES 58 MINUTES 08 SECONDS EAST A DISTANCE OF 630.31 FEET TO A POINT OF CURVATURE; (2) THENCE EASTERLY ALONG THE ARC OF A TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 373.44 FEET, A DISTANCE OF 219.46 FEET TO A POINT OF TANGENCY; THENCE SOUTH 83 DEGREES 21 MINUTES 37 SECONDS EAST A DISTANCE OF 516.38 FEET TO THE POINT OF BEGINNING CONTAINING 46.341 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 8 WITH THE CENTERLINE OF SHOE FACTORY ROAD, SAID CENTERLINE PER A PLAT OF SURVEY RECORDED JANUARY 13, 1939 AS DOCUMENT NUMBER 12259969, POINT BEING 0.23 FEET NORTH AND 0.24 FEET WEST OF, AS MEASURED IN CARDINAL DIRECTIONS, A RAILROAD SPIKE; THENCE SOUTH 89 DEGREES 56 MINUTES 54 SECONDS EAST (ILLINOIS STATE PLANE GRID-EAST ZONE), ALONG SAID CENTERLINE, A DISTANCE OF 103.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 56 MINUTES 54 SECONDS EAST, ALONG SAID CENTERLINE, A DISTANCE OF 4.00 FEET TO A RAILROAD SPIKE; THENCE NORTH 89 DEGREES 01 MINUTES 26 SECONDS EAST, ALONG THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD, A DISTANCE OF 328.96 FEET; THENCE NORTH 84 DEGREES 40 MINUTES 47 SECONDS EAST, ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 219.86 FEET; THENCE NORTH 80 DEGREES 46 MINUTES 16 SECONDS EAST, ALONG SAID APPROXIMATE CENTERLINE, A DISTANCE OF 166.00 FEET TO A POINT WHICH IS SOUTH 80 DEGREES 46 MINUTES 16 SECONDS WEST, 100.00 FEET OF A RAILROAD SPIKE; THENCE SOUTH 09 DEGREES 09 MINUTES 46 SECONDS EAST ALONG THE WESTERLY LINE OF TRACT 2 PER A WARRANTY DEED RECORDED AS DOCUMENT NUMBER 26977015 A DISTANCE OF 579.86 FEET; THENCE NORTH 80 DEGREES 47 MINUTES 15 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID TRACT 2, A DISTANCE OF 141.61 FEET TO THE WESTERLY LINE OF TRACT 1 PER SAID WARRANTY DEED; THENCE SOUTH 13 DEGREES 16 MINUTES 02 SECONDS EAST, ALONG SAID WESTERLY LINE A DISTANCE OF 410.25 FEET TO THE MONUMENTED WESTERLY LINE OF THE 190.00 FOOT-WIDE COMED RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 04 MINUTES 04 SECONDS WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 406.75 FEET TO THE NORTHERLY LINE OF LOTS 24 AND 25 IN BERNER ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 7, 1958 AS DOCUMENT NUMBER 17129065; THENCE SOUTH 88 DEGREES 26 MINUTES 41 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 1028.96 FEET TO THE NORTHWEST CORNER OF SAID LOT 25, ALSO BEING ON THE EASTERLY LINE OF A PARCEL DESCRIBED IN A DEED RECORDED AS DOCUMENT NUMBER 88453123; THENCE NORTH 00 DEGREES 33 MINUTES 16 SECONDS WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 1331.21 FEET TO THE POINT OF BEGINNING CONTAINING 27.927 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF FRACTIONAL SECTION 7 AND 8, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
55 [November 30. 2000] BEGINNING AT A POINT IN THE EAST LINE OF SAID FRACTIONAL SECTION 7, 1322.4 FEET NORTH 0 DEGREES 46 MINUTES EAST FROM THE SOUTH EAST CORNER OF SAID SECTION 7 THENCE SOUTH 86 DEGREES 57 MINUTES WEST 191.2 FEET THENCE NORTH 0 DEGREES 46 MINUTES EAST PARALLEL TO THE EAST LINE OF SAID SECTION 7; 2735.9 FEET TO A POINT IN THE CENTER LINE OF THE HIGHWAY THENCE SOUTH 89 DEGREES 38 MINUTES EAST ALONG SAID CENTER LINE 191 FEET TO A POINT IN SAID EAST LINE THENCE CONTINUING ALONG SAID CENTER LINE 103.6 FEET THENCE SOUTH 0 DEGREES 17 MINUTES EAST 2715.5 FEET THENCE SOUTH 86 DEGREES 57 MINUTES WEST 153.2 FEET TO THE POINT OF BEGINNING, EXCEPT THE NORTH 50 FEET THEREOF, IN COOK COUNTY, ILLINOIS. THAT PART OF THE WEST HALF OF FRACTIONAL SECTION 5, THE EAST HALF OF FRACTIONAL SECTION 6, THE NORTHWEST QUARTER OF SECTION 8 AND THE NORTHEAST QUARTER OF SECTION 7, ALL IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 8 WITH THE CENTERLINE OF SHOE FACTORY ROAD, SAID CENTERLINE PER A PLAT OF SURVEY RECORDED JANUARY 13, 1939 AS DOCUMENT NUMBER 12259969, POINT BEING 0.23 FEET NORTH AND 0.24 FEET WEST OF, AS MEASURED IN CARDINAL DIRECTIONS, A RAILROAD SPIKE; THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST (ILLINOIS STATE PLANE GRID-EAST ZONE), ALONG SAID CENTERLINE, A DISTANCE OF 208.61 FEET TO THE EASTERLY LINE EXTENDED SOUTHERLY OF THE L. CURCE FARM, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 16785517; THENCE NORTH 00 DEGREES 06 MINUTES 17 SECONDS WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 17 SECONDS WEST, ALONG SAID EASTERLY LINE A DISTANCE OF 1483.65 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST A DISTANCE OF 1359.84 FEET TO THE WESTERLY LINE OF THE 190.00 FOOT-WIDE COMED RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 04 MINUTES 04 SECONDS WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 1428.90 FEET TO THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID APPROXIMATE CENTERLINE; (1) THENCE SOUTH 80 DEGREES 03 MINUTES 14 SECONDS WEST A DISTANCE OF 232.24 FEET TO A RAILROAD SPIKE; (2) THENCE SOUTH 80 DEGREES 46 MINUTES 16 SECONDS WEST A DISTANCE OF 266.00 FEET; (3) THENCE SOUTH 84 DEGREES 40 MINUTES 47 SECONDS WEST A DISTANCE OF 219.86 FEET; (4) THENCE SOUTH 89 DEGREES 01 MINUTES 26 SECONDS WEST A DISTANCE OF 328.96 FEET TO A RAILROAD SPIKE; (5) THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST A DISTANCE OF 32.13 FEET TO A POINT WHICH IS SOUTH 89 DEGREES 56 MINUTES 54 SECONDS EAST 75.47 FEET FROM THE POINT OF COMMENCEMENT; THENCE NORTH 01 DEGREE 16 MINUTES 56 SECONDS WEST A DISTANCE OF 50.01 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST A DISTANCE OF 283.05 FEET TO THE POINT OF BEGINNING CONTAINING 46.684 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF THE WEST HALF OF FRACTIONAL SECTION 5 AND THE EAST HALF OF FRACTIONAL SECTION 6 ALL IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 8 WITH THE CENTERLINE OF SHOE FACTORY ROAD, SAID CENTERLINE PER A PLAT OF SURVEY RECORDED JANUARY 13, 1939 AS DOCUMENT NUMBER 12259969, POINT BEING 0.23 FEET NORTH AND 0.24 FEET WEST OF, AS MEASURED IN CARDINAL DIRECTIONS, A RAILROAD SPIKE; THENCE NORTH 89 DEGREES 56 MINUTES 54 SECONDS WEST (ILLINOIS STATE PLANE GRID-EAST ZONE), ALONG SAID CENTERLINE, A DISTANCE OF 208.61 FEET TO THE EASTERLY LINE EXTENDED SOUTHERLY OF THE L. CURCE FARM ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 16785517; THENCE NORTH 00 DEGREES 06 MINUTES 17 SECONDS WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 1533.65 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 320.22 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST A DISTANCE OF 1360.81 FEET TO THE WESTERLY LINE OF THE 190.00 FOOT-WIDE COMED RIGHT-OF-WAY; THENCE SOUTH 00 DEGREES 04 MINUTES 04
[November 30. 2000] 56 SECONDS WEST, ALONG SAID WESTERLY LINE, A DISTANCE OF 320.22 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES 35 SECONDS WEST A DISTANCE OF 1359.84 FEET TO THE POINT OF BEGINNING CONTAINING 10.000 ACRES, MORE LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF FRACTIONAL SECTION 5 IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 8 AS SHOWN ON THE PLAT OF SURVEY RECORDED JUNE 26, 1981 AS DOCUMENT 25918743, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST (ILLINOIS STATE PLANE GRID-EAST ZONE), ALONG A MONUMENTED LINE OF OCCUPATION, A DISTANCE OF 1173.44 FEET TO A LINE DRAWN PARALLEL WITH AND 1942.50 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE OCCUPIED AND MONUMENTED CENTERLINE OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY'S NORTHWEST TOLLWAY (I-90), POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 50 MINUTES 35 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1909.94 FEET TO THE EAST LINE OF THE 190.00 FOOT-WIDE COMED RIGHT-OF-WAY; THENCE NORTH 00 DEGREES 04 MINUTES 04 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 1615.01 FEET TO THE SOUTH LINE OF THE NORTHERN ILLINOIS GAS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 19, 1995 AS DOCUMENT NUMBER 95882889; THENCE EASTERLY AND NORTHERLY, ALONG SAID SUBDIVISION, THE FOLLOWING TWO (2) COURSES AND DISTANCES; (1) THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST A DISTANCE OF 120.00 FEET; (2) THENCE NORTH 00 DEGREES 04 MINUTES 04 SECONDS EAST A DISTANCE OF 120.00 FEET TO A LINE DRAWN PARALLEL WITH AND 207.50 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE AFOREMENTIONED CENTERLINE OF THE NORTHWEST TOLLWAY; THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1805.50 FEET TO THE AFOREMENTIONED MONUMENTED LINE OF OCCUPATION; THENCE SOUTH 00 DEGREES 34 MINUTES 55 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 1735.14 FEET TO THE POINT OF BEGINNING, CONTAINING 76.052 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. THAT PART OF FRACTIONAL SECTION 5 IN TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 8 AS SHOWN ON THE PLAT OF SURVEY RECORDED JUNE 26, 1981 AS DOCUMENT 25918743, POINT BEING MONUMENTED WITH A RAILROAD SPIKE SET IN THE APPROXIMATE CENTERLINE OF SHOE FACTORY ROAD; THENCE NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST (ILLINOIS STATE PLANE GRID - EAST ZONE), ALONG A MONUMENTED LINE OF OCCUPATION, A DISTANCE OF 2572.12 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST, ALONG SAID LINE OF OCCUPATION, A DISTANCE OF 336.47 FEET TO A LINE DRAWN PARALLEL WITH AND 207.50 FEET SOUTH OF, AS MEASURED PERPENDICULAR TO, THE OCCUPIED AND MONUMENTED CENTERLINE OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY'S NORTHWEST TOLLWAY (I-90); THENCE NORTH 89 DEGREES 50 MINUTES 35 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1820.80 FEET TO A LINE 279.00 FEET, MORE OR LESS, WEST OF THE EAST LINE OF THE AFOREMENTIONED FRACTIONAL SECTION 5; THENCE SOUTH 00 DEGREES 13 MINUTES 18 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 328.80 FEET TO AN IRON PIPE; THENCE SOUTH 89 DEGREES 36 MINUTES 10 SECONDS WEST A DISTANCE OF 1822.98 FEET TO THE POINT OF BEGINNING, CONTAINING 13.911 ACRES, MORE OR LESS AND LYING IN COOK COUNTY, ILLINOIS. Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2. Amend House Bill 3612, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 1, line 5, by replacing "283 and 284" with "283, 284, and 285"; and on page 16, by inserting below line 17 the following: "(70 ILCS 2605/285 new) Sec. 285. District enlarged. Upon the effective date of this amendatory Act of the 91st General Assembly, the corporate limits of the Metropolitan Water Reclamation District Act are extended to include
57 [November 30. 2000] within those limits the following described tracts of land, and those tracts are annexed to the District. PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 30 LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE 72, COMMONLY KNOWN AS NEW HIGGINS ROAD, (EXCEPT THE WEST 190 FEET THEREOF) ALL IN TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE NORTHWEST 1/4 OF SECTION 31 (EXCEPT THE WEST 190 FEET THEREOF AND EXCEPT THE SOUTH 1501.64 FEET AS MEASURED ALONG THE EAST AND WEST LINES THEREOF), ALL IN TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, FOR A PLACE OF BEGINNING; THENCE SOUTH 0 DEGREES 12 MINUTES WEST 2640.0 FEET TO A FENCE CORNER AND THE CENTER OF SAID SECTION 31; THENCE SOUTH 89 DEGREES 54 MINUTES EAST 2640.70 FEET TO THE SOUTH EAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 31; THENCE NORTHERLY ALONG A FENCE LINE 1306.73 FEET TO A FENCE CORNER; THENCE NORTH 89 DEGREES 20 MINUTES WEST ALONG A FENCE LINE 1318.55 FEET TO THE CENTER LINE OF A PUBLIC ROAD KNOWN AS BEVERLY LAKE ROAD; THENCE NORTH 0 DEGREES 14 MINUTES WEST ALONG THE CENTER OF SAID ROAD 958.02 FEET; THENCE NORTH 89 DEGREES 10 MINUTES WEST ALONG A CYCLONE FENCE 218.60 FEET TO A FENCE CORNER; THENCE NORTHERLY ALONG A CYCLONE FENCE 195.0 FEET TO A RIGHT OF WAY MONUMENT; THENCE NORTH 80 DEGREES 40 MINUTES WEST ALONG THE SOUTH RIGHT OF WAY OF ROUTE 72, 238.0 FEET TO A RIGHT OF WAY MONUMENT; THENCE NORTH 78 DEGREES 35 MINUTES WEST ALONG THE SOUTH RIGHT OF ACCESS LINE OF SAID ROUTE 72, 507.0 FEET TO A RIGHT OF WAY MONUMENT; THENCE NORTH 76 DEGREES 12 MINUTES WEST ALONG THE SOUTH RIGHT OF WAY OF ROUTE 72, 336.50 FEET TO A CONCRETE RIGHT OF WAY MONUMENT ON THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 30; THENCE SOUTH 0 DEGREES 12 MINUTES WEST 49.31 FEET TO THE PLACE OF BEGINNING, (EXCEPT THAT PART LYING EAST OF THE CENTER LINE OF BEVERLY ROAD; AND EXCEPT THAT PART FALLING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF BEVERLY ROAD AND THE RIGHT OF WAY LINE OF HIGGINS ROAD IN SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHERLY ALONG THE CENTER LINE OF BEVERLY ROAD 165 FEET; THENCE WESTERLY 243.59 FEET; THENCE NORTHERLY 195.81 FEET TO THE SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD; THENCE SOUTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD TO THE PLACE OF BEGINNING; AND EXCEPT THAT PART DEDICATED FOR BEVERLY ROAD BY PLAT OF DEDICATION RECORDED SEPTEMBER 16, 1988 AS DOCUMENT 88424906), ALSO THE SOUTH 1501.64 FEET AS MEASURED ALONG THE EAST AND WEST LINES OF THE NORTHWEST 1/4 OF SECTION 31 (EXCEPT THE WEST 190 FEET THEREOF), ALL IN TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE NORTH 10 RODS OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THE NORTH 1/2 OF THE SOUTHWEST 1/4 AND THE NORTH 10 RODS OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 ALL IN SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THEREFROM THE WEST 190 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 31 AND EXCEPT THE SOUTH 75.00 FEET OF THE WEST 211.00 FEET OF THE EAST 370.75 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND EXCEPT THE NORTH 10 RODS (165.00 FEET) OF THE WEST 211.00 FEET OF THE EAST 370.75 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ALSO THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE WEST 190 FEET THEREOF AND EXCEPT THAT PART OF THE SOUTHWEST 1/4 OF
[November 30. 2000] 58 SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION WHICH IS 190.0 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH ALONG A STRAIGHT LINE 190.0 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION FOR A DISTANCE OF 150.0 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID SECTION WHICH IS 250.0 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 250.0 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS. ALSO THAT PART OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION WHICH IS 190.0 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH ALONG A STRAIGHT LINE 190.0 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION FOR A DISTANCE OF 150.0 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID SECTION WHICH IS 250.0 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 250.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO THAT PART OF SECTION 5, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF PREMISES CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY WARRANTY DEED DATED JUNE 11, 1956 AND RECORDED JUNE 12, 1956 AS DOCUMENT NUMBER 16607889 AND LYING EASTERLY OF THE PREMISES CONVEYED TO COMMONWEALTH EDISON COMPANY BY WARRANTY DEED DATED JANUARY 2, 1963 AND RECORDED JANUARY 7, 1963 AS DOCUMENT NUMBER 18690041, AND LYING WESTERLY OF THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXTENDED SOUTHERLY TO THE AFORESAID NORTHERLY LINE OF ILLINOIS STATE TOLL HIGHWAY, ALSO THAT PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF BEVERLY ROAD AND THE SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF BEVERLY ROAD 165 FEET; THENCE WESTERLY 243.59 FEET; THENCE NORTHERLY 195.81 FEET TO THE SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD; THENCE SOUTHERLY ALONG THE SOUTH RIGHT OF WAY LINE OF HIGGINS ROAD TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 3: THE SOUTH 70 RODS (1155.00 FEET) OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THE SOUTH 70 RODS (1155.00 FEET) OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THAT PART THEREOF LYING EAST AND SOUTH OF THE WEST AND NORTH LINES OF THE LAND CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 29, 1994 AS DOCUMENT NO. 94-667,873, SAID WEST AND NORTH LINES DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER FOR A POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 33 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 32.56 FEET; THENCE NORTH 06 DEGREES 06 MINUTES 43 SECONDS WEST 297.65 FEET; THENCE NORTH 00 DEGREES 52 MINUTES 23 SECONDS EAST 400.65 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 16 SECONDS EAST 58.81 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER), ALSO ALL THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING (i) NORTHERLY OF THE NORTHERLY LINE OF THE PREMISES CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY DEED RECORDED JUNE 12, 1956 AS DOCUMENT NO. 16607889; (ii) EASTERLY OF THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXTENDED
59 [November 30. 2000] SOUTHERLY TO THE AFORESAID NORTHERLY LINE OF THE ILLINOIS STATE TOLL HIGHWAY; AND (iii) WESTERLY OF THE EAST 279.0 FEET OF SAID SECTION 5, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 29, 1994 AS DOCUMENT NO. 94-667, 873: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 58 MINUTES 08 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 5 A DISTANCE OF 279.00 FEET TO THE WEST LINE OF THE EAST 279.00 FEET OF SAID SECTION 5 FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 58 MINUTES 08 SECONDS WEST ALONG SAID NORTH LINE 13.53 FEET; THENCE SOUTH 06 DEGREES 06 MINUTES 43 SECONDS EAST 61.86 FEET TO THE NORTH RIGHT OF WAY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY AS CONVEYED BY DEED DOCUMENT NO. 16607889 RECORDED JUNE 12, 1956; THENCE NORTH 89 DEGREES 51 MINUTES 14 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE 6.71 FEET TO SAID WEST LINE OF THE EAST 279.00 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 12 SECONDS EAST ALONG SAID WEST LINE 61.50 FEET TO THE POINT OF BEGINNING; SAID PREMISES ALSO BEING CAPABLE OF BEING LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING (i) NORTHERLY OF THE PREMISES CONVEYED TO THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY DEED RECORDED JUNE 12, 1956 AS DOCUMENT NO.16607889; (ii) EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXTENDED STRAIGHT SOUTH; AND (iii) WESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 5, 13.53 FEET WEST OF THE WEST LINE OF THE EAST 279.00 FEET OF SAID FRACTIONAL SECTION 5; AND THENCE SOUTHEASTERLY ALONG A STRAIGHT LINE 61.86 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY LINE OF SAID PREMISES CONVEYED BY DOCUMENT NO. 16607889, 6.71 FEET WESTERLY OF SAID WEST LINE OF THE EAST 279.00 FEET OF FRACTIONAL SECTION 5, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE FOLLOWING DESCRIBED TRACT: THAT PART OF FRACTIONAL SECTIONS 5 AND 6, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION 5; THENCE EAST ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 5, 1128.36 FEET, MORE OR LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE COMPANY (NOW COMMONWEALTH EDISON COMPANY) BY DEED DOCUMENT NO. 9693090 RECORDED JUNE 21, 1927; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE COMPANY 3725.69 FEET, MORE OR LESS, TO THE CENTER LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 9202301 RECORDED MARCH 10, 1926; THENCE WESTERLY ALONG SAID CENTER LINE OF SHOE FACTORY ROAD 1079.49 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 13018010 RECORDED JANUARY 15, 1943, 75.40 FEET EASTERLY OF THE POINT OF INTERSECTION OF THE EAST LINE OF SECTION 7 IN THE AFORESAID TOWNSHIP AND RANGE AND SAID CENTER LINE OF SHOE FACTORY ROAD AS MEASURED ALONG SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY ALONG A STRAIGHT LINE 3828.58 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 6, 33.00 FEET WEST OF THE AFORESAID NORTHWEST CORNER OF FRACTIONAL SECTION 5; AND THENCE EAST ALONG SAID NORTH LINE OF FRACTIONAL SECTION 6, 33.00 FEET TO THE CORNER OF BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED; THAT LIES EAST OF A LINE DRAWN AT AN ANGLE OF SOUTH 1 DEGREE 30 MINUTES EAST FROM THE NORTHWEST CORNER OF FRACTIONAL SECTION 5. PARCEL 5: THAT PART OF THE FOLLOWING DESCRIBED TRACT: THAT PART OF FRACTIONAL SECTIONS 5 AND 6, TOWNSHIP 41 NORTH, RANGE
[November 30. 2000] 60 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID FRACTIONAL SECTION 5; THENCE EAST ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 5, 1128.36 FEET, MORE OR LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE COMPANY (NOW COMMONWEALTH EDISON COMPANY) BY DEED DOCUMENT NO. 9693090 RECORDED JUNE 21, 1927; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF PUBLIC SERVICE COMPANY 3725.69 FEET, MORE OR LESS, TO THE CENTER LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 9202301 RECORDED MARCH 10, 1926; THENCE WESTERLY ALONG SAID CENTER LINE OF SHOE FACTORY ROAD 1079.49 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 13018010 RECORDED JANUARY 15, 1943, 75.40 FEET EASTERLY OF THE POINT OF INTERSECTION OF THE EAST LINE OF SECTION 7 IN THE AFORESAID TOWNSHIP AND RANGE AND SAID CENTER LINE OF SHOE FACTORY ROAD AS MEASURED ALONG SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY ALONG A STRAIGHT LINE 3828.58 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 6, 33.00 FEET WEST OF THE AFORESAID NORTHWEST CORNER OF FRACTIONAL SECTION 5; AND THENCE EAST ALONG SAID NORTH LINE OF FRACTIONAL SECTION 6, 33.00 FEET TO THE CORNER OF BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED; WHICH LIES WEST OF A LINE DRAWN AT AN ANGLE OF SOUTH 1%%D 30' EAST FROM THE NORTHWEST CORNER OF FRACTIONAL SECTION 5, ALSO THAT PART OF FRACTIONAL SECTION 6, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SECTION 7 IN THE AFORESAID TOWNSHIP AND RANGE AND THE CENTER LINE OF SHOE FACTORY ROAD BY DOCUMENT NO. 13018010 RECORDED JANUARY 15, 1943; THENCE WESTERLY ALONG SAID CENTER LINE OF SHOE FACTORY ROAD 208.65 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY LINE OF THE L. CURCE FARM BY DOCUMENT NO. 16785517 RECORDED DECEMBER 20, 1956 EXTENDED SOUTHERLY TO SAID CENTER LINE OF SHOE FACTORY ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE OF THE L. CURCE FARM EXTENDED SOUTHERLY AND SAID EASTERLY LINE OF THE L. CURCE FARM 3827.48 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID FRACTIONAL SECTION 6, 238.48 FEET WEST OF THE NORTHWEST CORNER OF FRACTION SECTION 5 IN THE AFORESAID TOWNSHIP AND RANGE; THENCE EAST ALONG SAID NORTH LINE OF SECTION 6, 205.48 FEET, MORE OR LESS, TO A POINT 33.00 FEET WEST OF SAID NORTHWEST CORNER OF FRACTIONAL SECTION 5; THENCE SOUTHERLY ALONG A STRAIGHT LINE 3828.58 FEET, MORE OR LESS, TO A POINT ON SAID CENTER LINE OF SHOE FACTORY ROAD 75.40 FEET EASTERLY OF THE POINT OF BEGINNING AS MEASURED ALONG SAID CENTER LINE OF SHOE FACTORY ROAD; AND THENCE WESTERLY ALONG SAID CENTER LINE OF SHOE FACTORY ROAD 75.40 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL HIGHWAY AS CONVEYED TO OR TAKEN BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION, AS SAID NORTHERLY RIGHT-OF-WAY LINE IS OCCUPIED AND MONUMENTED, ALL IN COOK COUNTY, ILLINOIS.". The foregoing message from the Senate reporting Senate Amendments numbered 1 and 2 to HOUSE BILL 3612 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 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. 77
61 [November 30. 2000] WHEREAS, On June 13, 2000, the Illinois Commerce Commission adopted emergency rules titled "Requirements for Non-Business Entities with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 727; 24 Ill. Reg. 8635); and WHEREAS, The emergency rules adopted by the Commission establish Enhanced 9-1-1 emergency telephone system requirements for schools, local governments and not-for-profit organizations unless exempted by the Emergency Telephone System Act; and WHEREAS, The emergency rules were adopted by the Commission in response to a filing prohibition voted on April 28, 2000 for rules titled "Requirements for Businesses with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 726; 24 Ill. Reg. 1) and withdrawn on June 13, 2000 because the Commission modified the rulemaking to meet the objections of the General Assembly's Joint Committee on Administrative Rules (JCAR) concerning the application of the rulemaking to schools, governmental units and not-for-profit organizations and the creation of an undue economic and regulatory burden on business entities; and WHEREAS, JCAR noted that the Commission's emergency rulemaking of June 13, 2000 contained the same provisions applicable to schools, governmental units and not-for-profit corporations that were withdrawn by the Commission from its prior, broader rulemaking; and WHEREAS, JCAR, during its review of the emergency rulemaking as directed by the Illinois Administrative Procedure Act, determined that the rulemaking was contrary to statute and also constituted a serious threat to the public interest and welfare; and WHEREAS, JCAR based its determination that the emergency rulemaking adopted by the Commission was contrary to legislative intent on the fact that the Commission exceeded its statutory authority under Section 15.6 of the Emergency Telephone System Act by extending the application of the Act to schools, local governments and not-for-profit organizations through the emergency telephone system regulations contained in the emergency rules; and WHEREAS, Strict adherence to legislative intent as expressed through statute and a concern for the well-being and welfare of Illinois citizens, including school children, are all elements of the JCAR review process, as directed by the Illinois Administrative Procedure Act; and WHEREAS, Based on this determination, the Joint Committee on Administrative Rules suspended the above cited rulemaking; and WHEREAS, Because Section 5-125 of the Illinois Administrative Procedure Act states that a suspension of an agency's emergency rulemaking is effective for a period of at least 180 days, the suspension issued by JCAR commenced June 13, 2000 and will terminate on December 9, 2000, unless continued by the adoption of this Joint Resolution by both houses of the General Assembly as provided by Section 5-125(c) of the Illinois Administrative Procedure Act; 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 General Assembly hereby continues the suspension issued by the Joint Committee on Administrative Rules on June 13, 2000 of the Illinois Commerce Commission's emergency rulemaking titled "Requirements for Non-Business Entities with Private Business Switch Service to Comply with the Emergency Telephone System Act" (83 Ill. Adm. Code 727; 24 Ill. Reg. 8635); and be it further RESOLVED, That copies of this preamble and resolution be forwarded to the Executive Director of the Joint Committee on Administrative Rules and to the Chairman and Executive Director of the Illinois Commerce Commission. Adopted by the Senate, November 30, 2000. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of
[November 30. 2000] 62 SENATE JOINT RESOLUTION 77 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 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. 78 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 30, 2000, the Senate stands adjourned until Monday, January 8, 2001, at 2:00 o'clock p.m.; and the House of Representatives stands adjourned until Friday, December 29, 2000, in perfunctory session; and when it adjourns on that day, it stands adjourned until Monday, January 8, 2001, at 2:00 o'clock p.m. Adopted by the Senate, November 30, 2000. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 851 A bill for AN ACT to amend the Illinois Pension Code. House Amendment No. 2 to SENATE BILL NO. 851. Action taken by the Senate, November 30, 2000. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 1991 A bill for AN ACT to amend the Illinois Enterprise Zone Act by changing Section 5.3. Passed by the Senate, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 2970 A bill for AN ACT to amend the Surface-Mined Land Conservation and Reclamation Act.
63 [November 30. 2000] Passed by the Senate, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 4347 A bill for AN ACT to amend the Illinois Pension Code by changing Sections 16-163 and 16-165. Passed by the Senate, November 30, 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 attached First Conference Committee Report: HOUSE BILL NO. 557 Adopted by the Senate, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY 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.
[November 30. 2000] 64 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 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/Walter Dudycz s/Joseph M. Lyons Senator Dudycz Representative J. Lyons s/Kirk Dillard s/Calvin L. Giles Senator Dillard Representative Giles Thomas Walsh s/Barbara Flynn Currie Senator T. Walsh Representative Currie s/Lawrence Walsh s/Art Tenhouse Senator L. Walsh Representative Tenhouse s/Willaim Shaw s/William B. Black Senator Shaw Representative Black Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 168 Adopted by the Senate, November 30, 2000. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 168 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 168, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 168 be amended by replacing the title with the following: "AN ACT in relation to fire protection districts."; and
65 [November 30. 2000] by replacing everything after the enacting clause with the following: "Section 5. The Fire Protection District Act is amended by changing Sections 6 and 16.04 as follows: (70 ILCS 705/6) (from Ch. 127 1/2, par. 26) Sec. 6. The trustees shall constitute a board of trustees for the district for which they are appointed, which board of trustees is declared to be the corporate authority of the fire protection district, and shall exercise all of the powers and control all the affairs and property of such district. The board of trustees at their initial meeting and at their first meeting following the commencement of the term of any trustee shall elect one of their number as president and one of their number as secretary and shall elect a treasurer for the district, who may be one of the trustees or may be any other citizen of the district and who shall hold office during the pleasure of the board and who shall give such bond as may be required by the board. Except as otherwise provided in Sections 16.01 through 16.18, the board may appoint and enter into a multi-year contract not exceeding 3 years with a fire chief and may appoint any
[November 30. 2000] 66 officers and members of the fire departments of the district, except the Chief of the fire department. The board of trustees shall appoint the Chief of the fire department, who shall serve at the pleasure of the board, and may enter into a multi-year contract not exceeding 3 years with the Chief.
67 [November 30. 2000] Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House to accept the Governor's specific recommendations for change, which are attached, to a bill of the following title, to-wit: House Bill No. 3838 A bill for AN ACT concerning financial institutions. Concurred in 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 attached Second Conference Committee Report: SENATE BILL NO. 487 Adopted by the Senate, November 30, 2000, by a three-fifths vote. Jim Harry, Secretary of the Senate 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 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
[November 30. 2000] 68 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. (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.
69 [November 30. 2000] the amount of $25,000 for an unlimited license; and
[November 30. 2000] 70 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 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).
71 [November 30. 2000] (Source: P.A. 91-239, eff. 1-1-00.) (225 ILCS 335/9.4) (from Ch. 111, par. 7509.4) Sec. 9.4. The Department has power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition or both, or to subpoena documents, exhibits, or other materials with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The Director and any member of the Roofing Advisory Board have power to administer oaths to witnesses at any hearing that the Department or Roofing Advisory Board is authorized by law to conduct. Further, the Director has power to administer any other oaths required or authorized to be administered by the Department under this Act.
[November 30. 2000] 72 (Source: P.A. 86-615.) (225 ILCS 335/9.10) (from Ch. 111, par. 7509.10) Sec. 9.10. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing. If, after termination or denial, the person seeks a license, he or she shall apply to the Department for restoration or issuance of the license and pay all the application fees as set by rule
73 [November 30. 2000] the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately. (4)
[November 30. 2000] 74 Senator Representative Committee for the Senate Committee for the House AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 945 Offered by Representative Wojcik: 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. Leo Russo of Roselle, Illinois, will celebrate the fiftieth anniversary of their marriage; and WHEREAS, Leo and Jacqueline Russo were united in holy matrimony on November 11, 1950 at Our Lady of Sorrow in Chicago; and WHEREAS, They are the loving parents of Frank and Sandy; and grandparents of Robin, Gary, Frankie, and Teresa; and WHEREAS, The respect for marriage reaches one of its highest plateaus when a couple such as Leo and Jacqueline celebrate their golden wedding anniversary; and WHEREAS, Leo and Jacqueline 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 Leo and Jacqueline Russo 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 946 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Tsarina Powell of Chicago, Illinois, who recently passed away; and WHEREAS, Tsarina Powell was born June 10, 1988 in Chicago, Illinois; her parents were Charles Powell and Helen Lucas; and WHEREAS, Tsarina Powell attended Earl Elementary School where she was well liked by her classmates, teachers, and friends; Tsarina was known as "Smiley" because of the smile that was always on her face; and WHEREAS, Tsarina Powell was an Honor Roll Student; she participated in the spelling bee contest, and was in the Entrepreneurship Program; Tsarina planned to become a doctor when she grew up; and WHEREAS, The passing of Tsarina Powell will be deeply felt by all that knew and loved her, especially her sisters, Stephanie and Twanda; her brothers, George, Terrance, and Chevez; her nephews, Tourain and Cordel; her stepfather, George; her aunts, uncles, stepmother, niece, godmother, and many other relatives and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with her many loved ones, the death of Tsarina Powell of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Tsarina Powell. HOUSE RESOLUTION 947
75 [November 30. 2000] Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Eugene J. Milsap of Chicago, Illinois, who recently passed away; and WHEREAS, Eugene J. Milsap was born February 17, 1925 in Chicago, Illinois; his parents were Boyce and Sylvia Milsap; and WHEREAS, Eugene J. Milsap attended Betsy Ross Elementary School and Englewood High School; and WHEREAS, Eugene J. Milsap was known as "Moose" by his friends; he was an avid sports fan who played softball in the 1950's and 1960's; and WHEREAS, Eugene J. Milsap was employed by Peoples Gas Company, where he retired in April of 1992 as Community Relations Representative; he enjoyed playing golf and "resting and dressing"; and WHEREAS, The passing of Eugene J. Milsap will be deeply felt by all that knew and loved him, especially his daughters, Donna Milsap and Donna Todd; his son, Norman (wife, Adonia); his granddaughter, Kimberly; his great-grandsons, Corey Eugene and Michael; his favorite nephew, Rudolph V. Anderson, Jr. (Cecil); his best friend and chosen brother, William "Skippy" Bates; his aunts, Lois Gee and Bernice Gee; and many other friends, nieces, and nephews; 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 his many loved ones, the death of Eugene J. Milsap of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Eugene J. Milsap. HOUSE RESOLUTION 948 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Delano Ernest Page of Chicago, Illinois, who recently passed away; and WHEREAS, Delano Ernest Page was born August 11, 1961; his parents were Norvell and Carol Dalton Page; and WHEREAS, Delano Ernest Page was a graduate of Vanderpoel Elementary and Chicago Vocational High School; and WHEREAS, Delano Ernest Page was married to Delecia Baker; together they had one son, Patrick; Delano was a faithful employee of Budget Rental Car for seventeen years; he was an entrepreneur and consumer advocate for Rizza Chevrolet; and WHEREAS, The passing of Delano Ernest Page will be deeply felt by all that knew and loved him, especially his wife, Delecia; his son, Patrick; his daughter, Kennedi Carol; his mother, Carol; his brother, Dwayne; his sister, Nicole; his uncles, Norman, Norris (wife, Mila), and Johnnie (wife, Robin); his aunts, Audrey, Gloria, Wildred (husband, Robert), Carmen, Norene' (husband, George), Norena, Johnnetta (husband, Nathaniel), Avis, and Juannakee; his special friend, Sharon Jacko; and many other friends and relatives; 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 his many loved ones, the death of Delano Ernest Page of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Delano Ernest Page. HOUSE RESOLUTION 949 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Alicia A. Green-Henry of Chicago, Illinois, who recently passed away; and WHEREAS, Alicia A. Green-Henry was born October 17, 1960 in Chicago, Illinois; her parents were William and Lee Gessie Green; and WHEREAS, Alicia A. Green-Henry attended the Chicago Public Schools
[November 30. 2000] 76 and Lewis University; she was baptized at Shiloh Baptist Church and accepted Jesus Christ as her Savior; she later joined Life Changers International Church; and WHEREAS, Alicia A. Green-Henry worked for Leo Burnett and later moved to the Little Company of Mary Hospital in Evergreen Park; and WHEREAS, The passing of Alicia A. Green-Henry will be deeply felt by all that knew and loved her, especially her daughter, Lea; her friend, Larry; her sister, Patricia; her brother, William; her nephews, Tyaise and Hiroshi; her nieces, Tashonia and Janelle; her sister-in-law, Renee; and many other relatives and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with her many loved ones, the death of Alicia A. Green-Henry of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Alicia A. Green-Henry. HOUSE RESOLUTION 950 Offered by Representative Morrow: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Mrs. Birtheen Robinson of Chicago, Illinois, who recently passed away; and WHEREAS, Mrs. Birtheen Robinson was born June 28, 1933 in Preston, Mississippi; her parents were Howard and Annie Hollingsworth; and WHEREAS, Mrs. Birtheen Robinson was educated in the Preston School System and moved to Chicago at an early age; she worked for Doctor Hinkson for many years as his assistant; she later started her own day care where she worked until her retirement last year; and WHEREAS, Mrs. Birtheen Robinson was married to Henry Buckingham and she later married Vi L. Robinson; and WHEREAS, The passing of Mrs. Birtheen Robinson will be deeply felt by all that knew and loved her, especially her son, Rodney Lynn Buckingham; her daughter, Pamela Robinson-Caruth; her brother, Leo (wife, Esther); her sisters, Mary (husband, Roy), Margaret (husband, John), Marie (husband, Zecharih), and Callie Mae (husband, W.G.); her grandchildren, Ashley Nacole Caruth and Victor Jordan Caruth, Jr.; her special friend, LeShawn Jacobs; and her nieces, nephews, relatives, and friends; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with her many loved ones, the death of Mrs. Birtheen Robinson of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Mrs. Birtheen Robinson. HOUSE RESOLUTION 951 Offered by Representative Saviano: WHEREAS, The members of the Illinois House of Representatives are pleased to honor Mr. Anthony M. Tortoriello, a proud Italian American and native son to Illinois; and WHEREAS, After his graduation from St. Mel's High School, Tony served honorably with the United States Army during the Korean War; and WHEREAS, In 1961, Tony founded the Torco Oil Company, which by 1990 grew to over $900 million in revenue; and WHEREAS, Torco Holdings Inc. is a highly diversified company, marketing industrial fuel oils, automobile dealerships, and natural gas; and WHEREAS, Mr. Tortoriello is a devoted husband to his wife, Enis Marie, and a loving father to his daughter, Julie, and son, Anthony; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Mr. Tortoriello and Torco Holdings Inc. on the 40th anniversary of doing
77 [November 30. 2000] business in the State of Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to Mr. Anthony M. Tortoriello. HOUSE RESOLUTION 952 Offered by Representative Scully: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that the members of the Marian Catholic High School Marching Band won their seventh Bands of America Grand National Championship on November 11, 2000 in Indianapolis, Indiana; and WHEREAS, The Spartans scored 95.95 points out of a possible 100 points, taking first place in Class AAA semi-final competition before moving to the Grand National Championship; and WHEREAS, The band was judged the best out of 88 bands from across the United States in the competition and also won first place for outstanding music performance and outstanding general effect; and WHEREAS, The Marian Catholic High School Marching Band is led by Band Director Greg Bimm and Assistant Band Director Marc Whitlock; the win was especially noteworthy because this year is the twenty-fifth anniversary of the Bands of America organization; and WHEREAS, The band began rehearsals in August and has worked on the performance competition since that time; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the members of the Marian Catholic High School Marching Band on their record seventh Grand National Championship win at the Bands of America competition in Indianapolis; and be it further RESOLVED, That suitable copies of this resolution be presented to Band Director Greg Bimm, Assistant Band Director Marc Whitlock, and the members of the Marian Catholic High School Marching Band. HOUSE RESOLUTION 953 Offered by Representative McGuire: WHEREAS, The members of the Illinois House of Representatives are pleased to honor important events in the State of Illinois; and WHEREAS, It has come to our attention that Joliet Catholic Academy's football team, the Hilltoppers, recently won the State Class 4A Championship; and WHEREAS, On Saturday, November 25, 2000, at Memorial Stadium on the University of Illinois campus, the Hilltoppers ended a perfect 14 wins and zero losses season by defeating Metamora with a 27-14 victory; and WHEREAS, Coach Dan Sharp can be proud of his team and its winning year; Joliet Catholic Academy has now won a State-record nine football titles; and WHEREAS, Through the leadership of Coach Sharp and the hard work and dedication of the young men that make up the Hilltoppers roster, the people of Joliet, and the students, staff, and faculty of Joliet Catholic Academy, can be proud of their State champion Hilltoppers; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Hilltoppers of Joliet Catholic Academy on their impressive football season and their Class 4A State Championship; and be it further RESOLVED, That a suitable copy of this resolution be presented to Coach Dan Sharp and the members of the Hilltoppers football team. HOUSE RESOLUTION 954 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 Rochelle Zell, who passed away on September 6, 2000; and WHEREAS, Rochelle Zell played an influential role in how the
[November 30. 2000] 78 Holocaust has been remembered in North America and had a significant impact on Jewish education in Chicago; and WHEREAS, Rochelle Zell was the strongly opinioned matriarch of one of the most prominent families in Chicago, well known for business, real estate and financial dealings; that rise to prominence was a remarkable turnaround for Mrs. Zell, who in 1939 fled with her husband, the late Bernard Zell, from their home in Poland during the Holocaust; and WHEREAS, Given her husband's contributions to the community and the impact her children have had, Mrs. Zell spent most of her life in the sidelight, quietly supporting Jewish causes through volunteerism and financial gifts; and WHEREAS, Mrs. Zell's contributions to Holocaust remembrance and Jewish education in the last two decades have been significant, therefore it was only fitting that a memorial was dedicated to Rochelle Zell and her husband Bernard; the Bernard and Rochelle Zell Holocaust Memorial was the first Holocaust memorial in North America since 1975; the memorial was expanded and rededicated in 1993; and WHEREAS, Mrs. Zell cared about Jewish education, the continuity of tradition and for the survival of the values she grew up with; and WHEREAS, Known for her commanding intellect and a vast store of knowledge bolstered by her constant poring over of weighty tomes, Mrs. Zell was a habitual presence in formal discussions in Chicago and Jewish religious texts and Middle Eastern policy; she was a regular attendee of Anshe Emet Synagogue; and WHEREAS, Rochelle Zell was a model of modern Jewish life; she had an Old World way about her which caused her to dedicate her life to educating others on the impact of the Holocaust; and WHEREAS, The passing of Rochelle Zell will be deeply felt by all who knew and loved her, especially her children, Samuel Zell, Julie Baskes and Leah Wanger; her sister, Ann Rudzin; 8 grandchildren; and 10 great-grandchildren; 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 Rochelle Zell of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Rochelle Zell. HOUSE RESOLUTION 955 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 Wayne McCoy, who recently passed away; and WHEREAS, Wayne McCoy was born in Louisville, Kentucky; he received his Bachelor's degree in business administration from the University of Indiana in 1965, where he met his wife, Sharron; he received his law degree from the University of Michigan in 1972, and immediately signed with Schiff, Hardin & Waite in Chicago; and WHEREAS, In his first five years with Schiff, Hardin & Waite, Mr. McCoy became a partner in the firm; during his career he represented the Chicago Housing Authority, the Chicago Transit Authority, and Cook County; he was instrumental in securing financing for the new Comiskey Park; he served as general counsel for the defunct Chicago School Finance Authority, a watchdog agency started by the Illinois General Assembly; and WHEREAS, Wayne McCoy was one of the first African-American lawyers to become a partner at a major law firm in the City of Chicago; his most recognized client was Michael Jordan, the former star of the Chicago Bulls basketball organization; and WHEREAS, The passing of Wayne McCoy will be felt by all who knew him, especially his wife of thirty-six years, Sharron; his daughter, Kamilah; his sisters, Marsha Cumberlander and Millicent Jackson; and his friends and colleagues at Schiff, Hardin & Waite; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
79 [November 30. 2000] GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Wayne McCoy of Chicago, Illinois, and extend our sympathy to his family and friends at this time; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Wayne McCoy. HOUSE RESOLUTION 956 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 Edward G. Proctor, who recently passed away; and WHEREAS, Edward G. Proctor was raised in the South Shore neighborhood and graduated from Leo High School in 1947; he graduated first in his class from the Law School at Loyola University in 1953; in 1952 he was named an editor of the Illinois Bar Journal; and WHEREAS, He joined Kirkland & Ellis after his graduation from Loyola; in 1978 he founded Reuben & Proctor with Don H. Reuben; in 1986 the firm merged with Isham Lincoln & Beale and closed in 1988; Mr. Proctor then joined Hinshaw & Culbertson; Mr. Proctor served as an adjunct professor at Loyola University, where he taught commercial law classes; in 1989 he received the Medal of Excellence from the University, largely because of the one-on-one guidance that he provided to the students; and WHEREAS, Edward G. Proctor at times represented McCormick Place, the Chicago Tribune Company, and the Halas family in their bid to put skyboxes in Soldier Field; in addition to his legal practice, he served on the board of Schwarz Paper Company, taught religious education classes at his parish, St. Barnabas, and helped plan fundraisers for financially burdened high schools; and WHEREAS, The passing of Edward G. Proctor will be felt by all who knew him, especially his wife, Kathleen; his daughters, Diana Pasquinelli, Laurel Marchesini, and Abigail; his sons, Brian, Edward, Jr., and John; and his twelve grandchildren; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Edward G. Proctor of Olympia Fields, Illinois, and extend our sympathy to his family and friends at this time; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Edward G. Proctor. HOUSE RESOLUTION 957 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 Shelley Burger of Wilmette, Illinois, who passed away on August 4, 2000; and WHEREAS, Shelley Burger, a Kenilworth, Illinois native, graduated from New Trier High School in 1970 and the University of Iowa in 1974; and WHEREAS, Shelley Burger taught developmentally disabled children for ten years at several schools on the North Shore; she then switched careers to sell ad space in such publications as Crain's Chicago Business and Chicago Social Magazine; and WHEREAS, Shelley Burger volunteered with Resolve Support Group, which assists couples trying to have children as well as those unable to have children; she was also an animal lover who enjoyed traveling; and WHEREAS, The passing of Shelley Burger will be deeply felt by all who knew and loved her, especially her husband of 13 years, Robert Burger; her mother, Elizabeth Telfer; and her sisters, Bari Riedel and Marilee Luttig; 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 Shelley Burger; and be it further
[November 30. 2000] 80 RESOLVED, That a suitable copy of this resolution be presented to the family of Shelley Burger. HOUSE RESOLUTION 958 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 Max L. Whitman, who passed away on May 26, 2000; and WHEREAS, Max L. Whitman was the former president of the American Public Works Association and former director of public works for the village of Winnetka; and WHEREAS, Max L. Whitman was born in Galesburg on December 15, the son of Harold and Marjorie Whitman; and WHEREAS, Max L. Whitman graduated in 1957 from the University of Illinois with a degree in civil engineering; in 1970 he earned a master's degree in public administration from Roosevelt University; and WHEREAS, Max L. Whitman enjoyed a long career in public works; he was employed by the Illinois Division of Highways; in 1960 he became village engineer and traffic engineer for the village of Oak Park; in 1966 he was appointed director of public works in Winnetka, where he served for 27 years; and WHEREAS, Max L. Whitman was a life member of the American Public Works Association, a 25,000-plus member organization; he served as chapter president, representative to the chapter of delegates, director of Midwest Region V, top 10 leader, board of directors and national president in 1991; he was also a member and past president of the Winnetka Rotary Club; and WHEREAS, At the First Presbyterian Church of Wilmette, Max Whitman was an elder, "befriender" and clerk of session; following retirement in 1993 he volunteered for Glenbrook's Meals on Wheels, served on the board of the North Shore Senior Center and worked with the International Students Association at Northwestern University; and WHEREAS, The passing of Max L. Whitman will be deeply felt by all who knew and loved him, especially his wife of 41 years, Sandra Whitman; his daughter, Katherine Whitman Fuetterer; his son, Michael T. Whitman; his grandchildren, Amy, Megan, Jack and Taylor; his brother, Jack Whitman; his sister, Nancy Newlon; his stepmother, Lois G. Whitman; and his several cousins, nieces and nephews; 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 Max L. Whitman of Glenview, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Max L. Whitman. HOUSE RESOLUTION 959 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 Dr. Alex Tulsky, who passed away on October 25, 2000; and WHEREAS, Dr. Alex Tulsky oversaw World War II medical hospitals in Africa and Europe and delivered as many as 5,000 babies as a Chicago obstetrician; and WHEREAS, A native of the West Side, Dr. Tulsky wrote in his autobiography, "Looking at a Century: A Strand of Memories," that he first became interested in medicine when he saw the gleam from his uncle's surgical instruments as a youngster; he graduated from Tuley High School in 1927 and Crane Junior College in 1929; in 1934, he graduated second in his class from the University of Illinois College of Medicine in Chicago; he became an intern at Michael Reese Hospital, had his residency at Brooklyn Jewish Hospital, and returned to Michael Reese to open a practice; and WHEREAS, After World War II broke out, Dr, Tulsky coordinated care for soldiers at two key junctures; he commanded a field hospital in
81 [November 30. 2000] North Africa as the Allies fought the Battle of El Alamein to keep the Suez Canal free from Nazi control; soon after D-Day, he ran a mobile hospital in Europe that cared for later waves of soldiers; he left the service in 1945 as a lieutenant colonel and a Bronze Star recipient; and WHEREAS, After the war, Dr. Tulsky returned to open a private practice and to work at Michael Reese Hospital, where he became president of the medical staff from 1961 to 1963; he also taught obstetrics and gynecology at the University of Chicago and the University of Illinois College of Medicine; he retired from practicing medicine in 1989 and from teaching in 1995; and WHEREAS, Dr. Tulsky and his wife, Dr. Klara Glottman Tulsky, also funded a lectureship at the Spertus Institute of Jewish Studies in Chicago and supported other Jewish and educational charities; and WHEREAS, The passing of Dr. Alex Tulsky will be deeply felt by all who knew and loved him, especially his wife, Klara; his sons, James, Steven, and Asher; his daughter, Shayne Rosenfeld; and his six grandchildren; and WHEREAS, What most characterized Dr. Tulsky was his tremendous devotion to his patients and that he was, as many of his former patients have said, the kind of doctor that no longer exists; 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 Dr. Alex Tulsky of the Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Dr. Alex Tulsky. HOUSE RESOLUTION 970 Offered by Representative Rutherford: WHEREAS, It has come to the attention of the members of the Illinois House of Representatives that the Pontiac Indians football team recently went as far as the Class 4A Final Four tournament; and WHEREAS, The Indians finished their season with a record of 12 wins and 1 loss; during the regular season they went undefeated with nine wins and no losses; and WHEREAS, This team is 1 of 6 teams in the history of Pontiac High School to have an undefeated regular season; the previous seasons were 1912, 1945, 1951, 1956, and 1997; and WHEREAS, Team member Kevin Watson carries on a family tradition begun when his grandfather played on the 1945 Indians team and his brother played on the team in 1997; and WHEREAS, the 2000 squad ranks in the top 2 teams ever at Pontiac to achieve 12 wins in a season; they are the 2nd team in Pontiac history to become semifinalists in State playoffs; and the squad also set a record for total offense; and WHEREAS, The Coaches are Mick Peterson, David Young, Mike Hatfield, Jason Drongwitz, Mike Mays, Chris Peterson, and Paul Ritter; and WHEREAS, The 2000 squad members are Santos Gonzalez, Nick Curry, Brian Giovanini, Andy Vitzthum, Tommy Green, Dylan Mays, Drew Peterson, Josh Rupprecht, John Roberts, Matt Aaron, Michael Thorne, Eric Bauman, Chris Roberts, Jake Cunningham, Albert Torraz, Joe Nolan, Kevin Gray, Kevin Watson, Robert Hoggins, Mike Trainor, Aaron Vogt, Kyle Dowdy, Adam Ramseyer, Brandon Bressner, Casey Casson, Brian Green, Brian Fearman, Eric Saxton, Stephen Ribordy, John Tucker, Josh Tuley, Jon Hoerner, Ryan Oltman, Mike Cramer, Trevor Sancken, Matt Melvin, Brian Johnson, Daryl Erschen, Josh Rinker, Pat Donovan, Aaron Keith, Justin Zimmer, Fernando Daily, Josh Walters, Noah Unzicker, Brent Hinz, and Travis Zimmer; and WHEREAS, With the leadership of Head Coach Mick Peterson and the dedication of team captains Kevin Watson, Adam Ramseyer, Santos Gonzalez, Mike Cramer, and Drew Peterson, the Pontiac Indians proved themselves worthy of honor; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST
[November 30. 2000] 82 GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Pontiac Indians football team, Coach Mick Peterson, the students, staff, and faculty of Pontiac High School, and the people of Pontiac, Illinois on this impressive football season; and be it further RESOLVED, That a suitable copy of this resolution be presented to Coach Mick Peterson and the members of the Pontiac Indians football team. HOUSE JOINT RESOLUTION 79 Offered by Representatives Andrea Moore - Gash - Coulson - Osmond - Schoenberg, Garrett, Mulligan and Krause: WHEREAS, John Porter has a remarkable career of public service, including 20 years in the United States Congress; and WHEREAS, Before his election to the United States Congress, John Porter served as a State Representative in the Illinois General Assembly, representing Illinois' 1st Legislative District from 1973 to 1979; and WHEREAS, John Porter represents the 10th Congressional District in Illinois with great distinction and has earned a reputation for being a thoughtful, independent Congressman who truly represents the views of the citizens of his district; and WHEREAS, John Porter founded and co-chaired the Congressional Human Rights Caucus to identify and combat abuses of human rights around the globe; and WHEREAS, Serving as Chairman of the Labor, Health, and Human Services and Education Appropriations subcommittees, John Porter led efforts to dramatically increase funding for biomedical research through the National Institutes of Health; and WHEREAS, This research advances efforts to improve human health and to fight cancer, diabetes, AIDS, and other deadly diseases; and WHEREAS, Throughout his career, Congressman John Porter has distinguished himself as an outstanding leader and statesman who has demonstrated his ability to work with colleagues of divergent views to help find the consensus needed in a democracy; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we proudly recognize John Porter for his tremendous contributions, congratulate him for his achievements, and convey on behalf of the people of the State of Illinois our deepest appreciation and best wishes; and be it further RESOLVED, That a suitable copy of this resolution be presented to Congressman John Porter with our sincere regards. RESOLUTION The following resolution was offered and placed in the Committee on Rules. HOUSE RESOLUTION 942 Offered by Representative Novak: WHEREAS, With more than 2,100 community pharmacies in the State, community pharmacies constitute a substantial industry in the State of Illinois; and WHEREAS, Community pharmacies employ more than 125,000 persons in the State of Illinois; and WHEREAS, Community pharmacies pay more than $1.2 billion annually in State taxes; and WHEREAS, Community pharmacies are a critical part of the health care delivery network in the State of Illinois; and WHEREAS, Community pharmacies provide critical prescription services to Medicaid beneficiaries and other indigent persons; and WHEREAS, The cost of acquiring drugs from pharmaceutical manufacturers has increased 99.4% over the past 5 years; and
83 [November 30. 2000] WHEREAS, The continuing shortage of pharmacists have caused their salaries to increase continuously over the same period; and WHEREAS, In recent years the dispensing fee paid by the State of Illinois has decreased by 3.6% as a portion of major Medicaid cost components; and WHEREAS, The Department of Public Aid recently announced its intention to reduce reimbursement for pharmacy services provided to Medicaid beneficiaries by more than $85 million over the next 19 months; and WHEREAS, The proposed reductions would undermine the ability of community pharmacies to provide high quality and efficient care to their patients; and WHEREAS, The Department of Public Aid has proposed to implement these reductions without conducting a study concerning the adequacy of the proposed reimbursement rates, as required by federal law; and WHEREAS, The Department of Public Aid has proposed to implement these reductions in pharmacy reimbursement as emergency rules, thereby eliminating legislative oversight by the Joint Committee on Administrative Rules for at least 150 days; and WHEREAS, The Department of Public Aid proposes to implement these emergency rules at a time immediately following a working session of the General Assembly, thereby ignoring an opportunity for the General Assembly's insight into budgetary priorities; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Department of Public Aid is strongly urged to refrain (1) from imposing any reductions in reimbursement under the Medicaid program for pharmacy services without first completing the federally-mandated study of pharmacy costs in a full, fair, and impartial manner, and (2) from implementing any pharmacy rate reductions in the form of emergency rules or by any other method without first consulting the General Assembly; and be it further RESOLVED, That suitable copies of this resolution be presented to the Director of Public Aid and the Office of the Governor of the State of Illinois. CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Art Turner asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1284. Representative Black asked and obtained unanimous consent to be removed as chief sponsor and Representative Mitchell asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1975. Representative Steve Davis asked and obtained unanimous consent to be removed as chief sponsor and Representative Jim Durkin asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 1511. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Burke asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 3612. SENATE BILLS ON SECOND READING SENATE BILL 368. Having been recalled on November 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Saviano offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 368 AMENDMENT NO. 1. Amend Senate Bill 368 by replacing the title with
[November 30. 2000] 84 the following: "AN ACT concerning audiologists."; and by replacing everything after the enacting clause with the following: "Section 5. If and only if Senate Bill 1404 of the 91st General Assembly becomes law, the Hearing Instrument Consumer Protection Act is amended by changing Section 16 as follows: (225 ILCS 50/16) (from Ch. 111, par. 7416) Sec. 16. Hearing Instrument Consumer Protection Board. There shall be established a Hearing Instrument Consumer Protection Board which shall assist, advise and make recommendations to the Department. The Board shall consist of 6 members who shall be residents of Illinois. One shall be a licensed physician who specializes in otology or otolaryngology; one shall be a member of a consumer-oriented organization concerned with the hearing impaired; one shall be from the general public, preferably a senior citizen;
85 [November 30. 2000] any one or combination of the following causes: (a) Fraud in procuring the license. (b) Habitual intoxication or addiction to the use of drugs. (c) Willful or repeated violations of the rules of the Department of Public Health. (d) Division of fees or agreeing to split or divide the fees received for speech-language pathology or audiology services with any person for referring an individual, or assisting in the care or treatment of an individual, without the knowledge of the individual or his or her legal representative. (e) Employing, procuring, inducing, aiding or abetting a person not licensed as a speech-language pathologist or audiologist to engage in the unauthorized practice of speech-language pathology or audiology. (f) Making any misrepresentations or false promises, directly or indirectly, to influence, persuade or induce patronage. (g) Professional connection or association with, or lending his or her name to another for the illegal practice of speech-language pathology or audiology by another, or professional connection or association with any person, firm or corporation holding itself out in any manner contrary to this Act. (h) Obtaining or seeking to obtain checks, money, or any other things of value by false or fraudulent representations, including but not limited to, engaging in such fraudulent practice to defraud the medical assistance program of the Department of Public Aid. (i) Practicing under a name other than his or her own. (j) Improper, unprofessional or dishonorable conduct of a character likely to deceive, defraud or harm the public. (k) Conviction in this or another state of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust. (1) Permitting a person under his or her supervision to perform any function not authorized by this Act. (m) A violation of any provision of this Act or rules promulgated thereunder. (n) Revocation by another state, the District of Columbia, territory, or foreign nation of a license to practice speech-language pathology or audiology in its jurisdiction if at least one of the grounds for that revocation is the same as or the equivalent of one of the grounds for revocation set forth herein. (o) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act. (p) Gross or repeated malpractice resulting in injury or death of an individual. (q) Willfully making or filing false records or reports in his or her practice as a speech-language pathologist or audiologist, including, but not limited to, false records to support claims against the public assistance program of the Illinois Department of Public Aid. (r) Professional incompetence as manifested by poor standards of care or mental incompetence as declared by a court of competent jurisdiction. (s) Repeated irregularities in billing a third party for services rendered to an individual. For purposes of this Section, "irregularities in billing" shall include: (i) reporting excessive charges for the purpose of obtaining a total payment in excess of that usually received by the speech-language pathologist or audiologist for the services rendered; (ii) reporting charges for services not rendered; or (iii) incorrectly reporting services rendered for the purpose of obtaining payment not earned.
[November 30. 2000] 86 (t) (Blank). (u) Violation of the Health Care Worker Self-Referral Act. (v) Physical illness, including but not limited to deterioration through the aging process or loss of motor skill, mental illness, or disability that results in the inability to practice the profession with reasonable judgment, skill, or safety. (w) Violation of the Hearing Instrument Consumer Protection Act. (2) The Department shall deny a license or renewal authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a license or renewal if the aforementioned persons have established a satisfactory repayment record as determined by the Illinois State Scholarship Commission. (3) The entry of an order by a circuit court establishing that any person holding a license under this Act is subject to involuntary admission or judicial admission as provided for in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension of that license. That person may have his or her license restored only upon the determination by a circuit court that the patient is no longer subject to involuntary admission or judicial admission and the issuance of an order so finding and discharging the patient, and upon the Board's recommendation to the Department that the license be restored. Where the circumstances so indicate, the Board may recommend to the Department that it require an examination prior to restoring any license automatically suspended under this subsection. (4) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax penalty or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied. (5) In enforcing this Section, the Board upon a showing of a possible violation may compel an individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of this examination. Failure of any individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause. If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board may require that individual to submit to care, counseling, or treatment by physicians or clinical psychologists approved or designated by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Board may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. Any individual whose license was granted, continued, reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions, shall be referred to the Director for a determination as to whether the individual shall have his or her license suspended immediately, pending a hearing by the Board. In instances in which the Director immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Board within 15 days after the suspension and completed without appreciable delay. The Board shall have the authority to review the subject individual's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
87 [November 30. 2000] An individual licensed under this Act and affected under this Section shall be afforded an opportunity to demonstrate to the Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license. (Source: P.A. 90-69, eff. 7-8-97.) Section 99. Effective date. This Act takes effect on January 1, 2001.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Saviano, SENATE BILL 368 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, SENATE JOINT RESOLUTION 74 was taken up for consideration. Representative Woolard moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 103, Yeas; 12, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE JOINT RESOLUTION 19, having been printed, was taken up for consideration. Representative Howard moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 113, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 4) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE JOINT RESOLUTION 19. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 1580, having been printed, was taken up for consideration. Representative Black moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate.
[November 30. 2000] 88 Senate Amendment No. 1 to HOUSE BILL 1581, having been printed, was taken up for consideration. Representative Madigan moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 1598, having been printed, was taken up for consideration. Representative Madigan moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Tenhouse moved to discharge the Committee on Rules from further consideration of SENATE BILL 1867, and advance to the order of Second Reading - Standard Debate. Representative Currie moved that the motion was out of order. The Chair ruled that the Motion was out of order. Representative Tenhouse then moved to overrule the Chair. And the question being "Shall the Chair be sustained?" it was decided in the affirmative by the following vote: 59, Yeas; 55, Nays; 0, Answering Present. (ROLL CALL 5) The motion prevailed. SENATE BILLS ON SECOND READING SENATE BILL 1975. Having been read by title a second time on November 29, 2000, and held on the order of Second Reading, the same was again taken up. Representative Hamos offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1975 AMENDMENT NO. 2. Amend Senate Bill 1975 on page 1, line 19, after the period, by inserting the following: "The hourly rate for legal fees paid or reimbursed under this Section shall not exceed the maximum hourly rate customarily paid to Special Assistant Attorneys General. The total amount of legal fees paid or reimbursed under this Section shall not exceed $100,000. The payments or reimbursements may be made from moneys appropriated to the Attorney General for fiscal year 2001 for contractual services, notwithstanding any other law to the contrary. The Attorney General must, no later than April 15, 2001, submit to the General Assembly a detailed, written report indicating which fees the Attorney General has or intends to pay or reimburse and the basis for making the payment or reimbursement. This Section is repealed on July 1, 2001."; and on page 1, by deleting lines 20 through 29; and by deleting all of pages 2 through 6; and on page 7, by deleting lines 1 through 15. The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was advanced to the order of Third Reading.
89 [November 30. 2000] SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Black, SENATE BILL 1975 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 102, Yeas; 7, Nays; 3, Answering Present. (ROLL CALL 6) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 2:34 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1582, having been printed, was taken up for consideration. Representative Madigan moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 113, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 7) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1582. Ordered that the Clerk inform the Senate. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 3:05 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 2 to HOUSE BILL 1284, 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. 2. And on that motion, a vote was taken resulting as follows: 64, Yeas; 51, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 2 to HOUSE BILL 1284. Ordered that the Clerk inform the Senate. RESOLUTIONS SENATE JOINT RESOLUTION 78 was taken up for consideration. Representative Currie moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate.
[November 30. 2000] 90 At the hour of 4:05 o'clock p.m., Representative Currie moved that the House do now adjourn. The motion prevailed. And in accordance therewith and pursuant to SENATE JOINT RESOLUTION 78, the House stood adjourned until December 29, 2000.
91 [November 30. 2000] NO. 1 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE NOV 30, 2000 0 YEAS 0 NAYS 116 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 P 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
[November 30. 2000] 92 NO. 2 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 368 CONTACT LENS ACT THIRD READING PASSED NOV 30, 2000 116 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 Y 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
93 [November 30. 2000] NO. 3 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 74 WAIVER OF SCHOOL CODE MANDATES ADOPTED NOV 30, 2000 103 YEAS 12 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 N 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 N 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 A BRUNSVOLD Y HARTKE Y MITCHELL,JERRY Y SLONE Y BUGIELSKI Y HASSERT Y MOFFITT Y SMITH Y BURKE Y HOEFT Y MOORE N 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 N HULTGREN N 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 Y OSMOND Y WINTERS Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL N PARKE Y WOOLARD Y DELGADO Y KRAUSE Y PERSICO Y YOUNGE Y DURKIN Y LANG Y POE N ZICKUS Y ERWIN Y LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ N LEITCH E - Denotes Excused Absence
[November 30. 2000] 94 NO. 4 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE JOINT RESOLUTION 19 H ED-TRACK FACULTY MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED NOV 30, 2000 113 YEAS 1 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 A 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 Y DART Y KENNER A OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL N 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
95 [November 30. 2000] NO. 5 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1867 TAXES-TECH MOTION TO SUSTAIN THE CHAIR PREVAILED NOV 30, 2000 59 YEAS 55 NAYS 0 PRESENT Y ACEVEDO Y FLOWERS N LINDNER Y REITZ N BASSI Y FOWLER Y LOPEZ N RIGHTER N BEAUBIEN Y FRANKS E LYONS,EILEEN N RUTHERFORD N BELLOCK Y FRITCHEY Y LYONS,JOSEPH N RYDER N BERNS Y GARRETT N MATHIAS N SAVIANO N BIGGINS Y GASH Y MAUTINO N SCHMITZ N BLACK Y GIGLIO N McAULIFFE Y SCHOENBERG Y BOLAND Y GILES Y McCARTHY Y SCOTT N BOST Y GRANBERG Y McGUIRE Y SCULLY Y BRADLEY Y HAMOS Y McKEON E SHARP N BRADY Y HANNIG N MEYER Y SILVA Y BROSNAHAN Y HARRIS N MITCHELL,BILL N SKINNER A BRUNSVOLD Y HARTKE N MITCHELL,JERRY Y SLONE Y BUGIELSKI N HASSERT N MOFFITT Y SMITH Y BURKE N HOEFT N MOORE N SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW N 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 Y CROTTY N JOHNSON,TOM Y NOVAK N TURNER,JOHN Y CURRIE N JONES,JOHN Y O'BRIEN N WAIT Y CURRY Y JONES,LOU N O'CONNOR N WINKEL N DANIELS Y JONES,SHIRLEY N OSMOND N WINTERS A DART Y KENNER Y OSTERMAN N WIRSING Y DAVIS,MONIQUE N KLINGLER N PANKAU N WOJCIK Y DAVIS,STEVE N KOSEL N PARKE Y 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
[November 30. 2000] 96 NO. 6 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1975 INDIAN LAND CLAIMS THIRD READING PASSED NOV 30, 2000 102 YEAS 7 NAYS 3 PRESENT Y ACEVEDO Y FLOWERS Y LINDNER Y REITZ Y BASSI N FOWLER Y LOPEZ Y RIGHTER Y BEAUBIEN N FRANKS E LYONS,EILEEN Y RUTHERFORD A 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 P McKEON E SHARP Y BRADY N HANNIG Y MEYER N SILVA Y BROSNAHAN Y HARRIS Y MITCHELL,BILL Y SKINNER A 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 N COULSON Y HOLBROOK Y MULLIGAN Y STROGER Y COWLISHAW P 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 Y 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 N DELGADO Y KRAUSE Y PERSICO N YOUNGE Y DURKIN A LANG Y POE Y ZICKUS P ERWIN Y LAWFER Y PUGH Y MR. SPEAKER A FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence
97 [November 30. 2000] NO. 7 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1582 PEN CD-TECHNICAL CORRECTION MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED NOV 30, 2000 113 YEAS 2 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 N SKINNER A 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 Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE Y KLINGLER Y PANKAU Y WOJCIK Y DAVIS,STEVE Y KOSEL N 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 30. 2000] 98 NO. 8 STATE OF ILLINOIS NINETY-FIRST GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1284 SPORTS FACILITIES AUTH-TECH MOTION TO CONCUR IN SENATE AMENDMENT NO. 2 CONCURRED NOV 30, 2000 64 YEAS 51 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 Y RYDER N BERNS Y GARRETT N MATHIAS Y SAVIANO Y 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 Y HAMOS Y McKEON E SHARP N BRADY Y HANNIG N MEYER Y SILVA Y BROSNAHAN Y HARRIS N MITCHELL,BILL N SKINNER A BRUNSVOLD Y HARTKE N MITCHELL,JERRY Y SLONE Y BUGIELSKI N HASSERT N MOFFITT N SMITH Y BURKE N HOEFT Y MOORE N SOMMER Y CAPPARELLI Y HOFFMAN Y MORROW N STEPHENS N COULSON Y HOLBROOK N MULLIGAN Y STROGER N COWLISHAW Y HOWARD Y MURPHY Y TENHOUSE Y 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 Y DART Y KENNER Y OSTERMAN Y WIRSING Y DAVIS,MONIQUE N KLINGLER N PANKAU Y WOJCIK Y DAVIS,STEVE N KOSEL N PARKE N WOOLARD Y DELGADO N KRAUSE Y PERSICO Y YOUNGE N DURKIN Y LANG N POE N ZICKUS Y ERWIN N LAWFER Y PUGH Y MR. SPEAKER Y FEIGENHOLTZ Y LEITCH E - Denotes Excused Absence