HOUSE OF REPRESENTATIVES 2019
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
33RD LEGISLATIVE DAY
WEDNESDAY, MARCH 24, 1999
10:30 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Representative Coy Pugh, Pastor of West Englewood
United Methodist Church in Chicago, Illinois.
Representative Eileen Lyons led the House in the Pledge of
Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Boland, Tom Johnson and
Ronen were excused from attendance.
MESSAGES FROM THE SECRETARY OF STATE
OFFICE OF THE SECRETARY OF STATE
JESSE WHITE - Secretary of State
March 24, 1999
To the Honorable Speaker of the House:
Sir:
In compliance with the provisions of the Constitution of the
State of Illinois, I am forwarding herewith the enclosed House Bill
that has been vetoed in part (Line Item Vetoes) by the Governor.
HOUSE BILL PUBLIC ACT
871 90-816
Respectfully,
s/JESSE WHITE
Secretary of State
2020 JOURNAL OF THE [March 24, 1999]
OFFICE OF THE GOVERNOR
GEORGE RYAN
GOVERNOR
March 23, 1999
To the Honorable Members of
The House of Representatives
90th General Assembly
Pursuant to Article IV, Section 9(d) of the Illinois Constitution of
1970, I hereby veto and return the items listed below from House Bill
871 entitled "An Act regarding appropriations."
Page Lines
8 7-13
9 1-5
These veto actions eliminate changes made by this supplemental
appropriation bill to the original appropriations contained in Public
Act 90-585. By vetoing these items in House Bill 871, the original
appropriations in Public Act 90-585 continue in full force and effect
as originally enacted.
I am approving the remainder of House Bill 871.
Sincerely,
s/GEORGE H. RYAN
Governor
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. 4 to HOUSE BILL 134.
Amendment No. 1 to HOUSE BILL 137.
Amendment No. 1 to HOUSE BILL 139.
Amendment No. 2 to HOUSE BILL 306.
Amendment No. 3 to HOUSE BILL 485.
Amendment No. 2 to HOUSE BILL 487.
Amendments Numbered 1 and 2 to HOUSE BILL 621.
Amendment No. 3 to HOUSE BILL 630.
Amendment No. 1 to HOUSE BILL 650.
Amendment No. 1 to HOUSE BILL 661.
Amendment No. 1 to HOUSE BILL 799.
Amendment No. 1 to HOUSE BILL 800.
Amendment No. 1 to HOUSE BILL 865.
Amendment No. 1 to HOUSE BILL 1165.
Amendment No. 1 to HOUSE BILL 1281.
Amendment No. 4 to HOUSE BILL 1441.
Amendment No. 2 to HOUSE BILL 1466.
Amendment No. 1 to HOUSE BILL 1569.
Amendment No. 1 to HOUSE BILL 1744.
Amendment No. 1 to HOUSE BILL 1781.
Amendment No. 2 to HOUSE BILL 1835.
Amendment No. 3 to HOUSE BILL 2023.
Amendment No. 3 to HOUSE BILL 2086.
HOUSE OF REPRESENTATIVES 2021
Amendment No. 1 to HOUSE BILL 2303.
Amendment No. 2 to HOUSE BILL 2431.
Amendment No. 1 to HOUSE BILL 2760.
Amendment No. 1 to HOUSE BILL 2800.
Amendment No. 2 to HOUSE BILL 2823.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Agriculture & Conservation: House Amendment 1 to
HOUSE BILL 703.
Committee on Children & Youth: House Amendment 1 to HOUSE BILL
1248.
Committee on Constitutional Officers: House Amendment 4 to HOUSE
BILL 2081 and House Amendment 1 to HOUSE BILL 2275.
Committee on Consumer Protection: House Amendment 2 to HOUSE
BILL 2704.
Committee on Elections & Campaign Reform: House Amendment 1 to
HOUSE BILL 2336.
Committee on Elementary & Secondary Education: House Amendment 1
to HOUSE BILL 506 and House Amendment 2 to HOUSE BILL 878.
Committee on Executive: House Amendment 1 to HOUSE BILL 358,
House Amendment 3 to HOUSE BILL 583 and House Amendment 3 to HOUSE
BILL 620.
Committee on Health Care Availability & Access: House Amendment
1 to HOUSE BILL 2713.
Committee on Higher Education: House Amendment 2 to HOUSE BILL
1112 and House Amendment 1 to HOUSE BILL 1376.
Committee on Human Services: House Amendment 1 to HOUSE BILL
1792.
Committee on Judiciary I-Civil Law: House Amendment 2 to HOUSE
BILL 1925, House Amendment 1 to HOUSE BILL 1935 and House Amendment 1
to HOUSE BILL 2703.
Committee on Judiciary II-Criminal Law: House Amendment 1 to
HOUSE BILL 2831.
Committee on Labor & Commerce: House Amendments 2, House
Amendment 3 to HOUSE BILL 233 and House Amendment 1 to HOUSE BILL
2654.
Committee on Local Government: House Amendment 1 to HOUSE BILL
1105, House Amendment 2 to HOUSE BILL 2305 and House Amendment 1 to
HOUSE BILL 2626.
Committee on Revenue: House Amendment 1 to HOUSE BILL 2609.
Committee on Transportation & Motor Vehicles: House Amendment 1
to HOUSE BILL 2355.
Committee on Urban Revitilization: House Amendments 1 and House
Amendment 2 to HOUSE BILL 305.
Committee on Electric Utility Deregulation: House Amendment 1 to
HOUSE BILL 47.
REQUEST FOR FISCAL NOTES
Representatives Tenhouse and Black requested that a Fiscal Note
be supplied for HOUSE BILL 1219, as amended.
Representative Tenhouse requested that Fiscal Notes be supplied
for HOUSE BILLS 182, as amended and 2314, as amended.
2022 JOURNAL OF THE [March 24, 1999]
Representative Ryder requested that a Fiscal Note be supplied for
HOUSE BILL 1244, as amended.
FISCAL NOTES SUPPLIED
Fiscal Notes have been supplied for HOUSE BILLS 233, as amended,
479, as amended, 778, as amended, 925, as amended, 1938, as amended,
2023, as amended, 2320, as amended and 2573, as amended.
REQUEST FOR STATE MANDATES NOTE
Representatives Tenhouse and Black requested that a State
Mandates Note be supplied for HOUSE BILL 1219, as amended.
Representative Ryder requested that a State Mandates Note be
supplied for HOUSE BILL 1244, as amended.
STATE MANDATE ACT NOTES SUPPLIED
State Mandate Act Notes have been supplied for HOUSE BILLS 358,
as amended, 592, 600, 722, as amended, 925, as amended, 1747, as
amended, 1938, as amended, 2012, as amended, 2023, as amended, 2320,
as amended, 2376 and 2377.
STATE MANDATES NOTE WITHDRAWN
Representative Black withdrew his request for a State Mandates
Note on HOUSE BILL 2023, as amended.
REQUEST FOR CORRECTIONAL BUDGET & IMPACT NOTE
Representatives Tenhouse and Black requested that a Correctional
Budget & Impact Note be supplied for HOUSE BILL 1219, as amended.
CORRECTIONAL BUDGET AND IMPACT NOTES SUPPLIED
Correctional Budget and Impact Notes have been supplied for HOUSE
BILLS 358, as amended, 881, as amended and 2831, as amended.
REQUEST FOR HOME RULE NOTES
Representatives Tenhouse and Black requested that Home Rule Notes
be supplied for HOUSE BILLS 1219, as amended and 2314, as amended.
Representative McKeon requested that a Home Rule Note be supplied
for HOUSE BILL 600.
HOME RULE IMPACT NOTES SUPPLIED
Home Rule Impact Notes have been supplied for HOUSE BILLS 358, as
amended, 722, as amended, 2023, as amended and 2320, as amended.
HOUSE OF REPRESENTATIVES 2023
REQUEST FOR JUDICIAL NOTE
Representative Tenhouse requested that a Judicial Note be
supplied for HOUSE BILL 1219, as amended.
JUDICIAL NOTE SUPPLIED
A Judicial Note has been supplied for HOUSE BILL 722, as amended.
REQUEST FOR BALANCED BUDGET NOTE
Representatives Tenhouse and Black requested that a Balanced
Budget Note be supplied for HOUSE BILL 1219, as amended.
REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE
Representative Tenhouse requested that a Housing Affordability
Impact Note be supplied for HOUSE BILL 1219, 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 passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 7
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Section 11-9.4.
SENATE BILL NO. 109
A bill for AN ACT to amend the Criminal Code of 1961 by adding
Article 16G.
SENATE BILL NO. 286
A bill for AN ACT to amend the Airport Authorities Act by
changing Section 6.
SENATE BILL NO. 287
A bill for AN ACT to amend the Illinois Dental Practice Act by
changing Sections 24, 37, and 44 and adding Section 38.1.
SENATE BILL NO. 310
A bill for AN ACT in relation to health benefits for retired
teachers.
SENATE BILL NO. 359
A bill for AN ACT to amend the Civil Administrative Code of
Illinois by adding Section 56.3.
SENATE BILL NO. 363
A bill for AN ACT concerning the licensing of insurance
producers.
SENATE BILL NO. 376
2024 JOURNAL OF THE [March 24, 1999]
A bill for AN ACT in relation to truth in taxation.
SENATE BILL NO. 384
A bill for AN ACT to amend the Public Utilities Act by changing
Section 13-402.
SENATE BILL NO. 385
A bill for AN ACT to amend the Public Utilities Act by changing
Section 13-406.
SENATE BILL NO. 417
A bill for AN ACT concerning taxes.
SENATE BILL NO. 462
A bill for AN ACT to amend the Higher Education Student
Assistance Act by changing Section 35.
SENATE BILL NO. 463
A bill for AN ACT to amend the Higher Education Student
Assistance Act by changing Section 35.
SENATE BILL NO. 464
A bill for AN ACT concerning prepaid tuition.
SENATE BILL NO. 465
A bill for AN ACT to amend the Probate Act of 1975 by changing
Section 11-13.
SENATE BILL NO. 469
A bill for AN ACT regarding interest on support obligations.
SENATE BILL NO. 487
A bill for AN ACT to amend the Illinois Roofing Industry
Licensing Act by changing Sections 2 and 3, by adding Sections 3.5,
4.5, and 5.5, and by repealing Section 4.
SENATE BILL NO. 496
A bill for AN ACT to amend the Environmental Protection Act by
changing Sections 22.19a, 22.19b, and 39.2.
SENATE BILL NO. 498
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 5-5.
SENATE BILL NO. 503
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-5-3.2.
Passed by the Senate, March 24, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 7, 109, 286, 287, 310, 359, 363,
376, 384, 385, 417, 462, 463, 464, 465, 469, 487, 496, 498
and 503 were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
HOUSE OF REPRESENTATIVES 2025
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 541
A bill for AN ACT to amend the Hospital Licensing Act by changing
Section 6.17.
SENATE BILL NO. 561
A bill for AN ACT to amend the Health Care Surrogate Act by
adding Section 60.
SENATE BILL NO. 563
A bill for AN ACT to amend the Hospital Licensing Act by changing
Section 9 and adding Sections 6.14a, 6.14b, 6.14c, and 6.14d.
SENATE BILL NO. 575
A bill for AN ACT concerning the Chicago Park District.
SENATE BILL NO. 644
A bill for AN ACT to amend the Unified Code of Corrections by
changing Section 5-4-3.
SENATE BILL NO. 650
A bill for AN ACT to create the Illinois Natural Resources
Congress.
SENATE BILL NO. 672
A bill for AN ACT to amend the Civil Administrative Code of
Illinois by adding Section 55.75a.
SENATE BILL NO. 680
A bill for AN ACT to amend the Illinois Public Aid Code by adding
Section 9A-14.
SENATE BILL NO. 753
A bill for AN ACT concerning crime victims and witnesses.
SENATE BILL NO. 777
A bill for AN ACT to amend the Unemployment Insurance Act by
changing Section 1506.3.
SENATE BILL NO. 784
A bill for AN ACT to amend the Code of Criminal Procedure of 1963
by changing Section 103-5.
SENATE BILL NO. 795
A bill for AN ACT to amend the Title Insurance Act by changing
Sections 3 and 17.
SENATE BILL NO. 805
A bill for AN ACT concerning grants to fire protection districts,
amending named Acts.
SENATE BILL NO. 834
A bill for AN ACT concerning research parks.
SENATE BILL NO. 845
A bill for AN ACT in relation to laser devices.
SENATE BILL NO. 849
A bill for AN ACT regarding mental health, amending named Acts.
2026 JOURNAL OF THE [March 24, 1999]
SENATE BILL NO. 851
A bill for AN ACT to amend the Illinois Pension Code.
SENATE BILL NO. 856
A bill for AN ACT to amend the Illinois Pension Code.
Passed by the Senate, March 24, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 541, 561, 563, 575, 644, 650,
672, 680, 753, 777, 784, 795, 805, 834, 845, 849, 851 and
856 were ordered printed and to a First Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 906
A bill for AN ACT concerning township plan commissions, amending
named Acts.
SENATE BILL NO. 949
A bill for AN ACT to amend the Children and Family Services Act
by changing Section 5c.
SENATE BILL NO. 953
A bill for AN ACT to amend the Hospital Licensing Act by changing
Section 10.4.
SENATE BILL NO. 958
A bill for AN ACT to amend the Conservation District Act by
changing Section 410/5.
SENATE BILL NO. 967
A bill for AN ACT concerning products with recycled contents.
SENATE BILL NO. 993
A bill for AN ACT concerning higher education, amending named
Acts.
SENATE BILL NO. 1024
A bill for AN ACT to amend the Illinois Insurance Code by
changing Sections 143.13 and 143.17 and adding Section 143.11b.
SENATE BILL NO. 1033
A bill for AN ACT to amend the Illinois Vehicle Code by adding
Sections 3-704.2 and 6-306.7.
SENATE BILL NO. 1047
A bill for AN ACT to amend the Illinois Pension Code.
SENATE BILL NO. 1062
A bill for AN ACT to amend the Firearm Owners Identification Card
Act by changing Section 3.1.
SENATE BILL NO. 1063
A bill for AN ACT regarding child support.
HOUSE OF REPRESENTATIVES 2027
SENATE BILL NO. 1064
A bill for AN ACT to amend the Abused and Neglected Long Term
Care Facility Residents Reporting Act.
SENATE BILL NO. 1067
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 12-10.2.
SENATE BILL NO. 1082
A bill for AN ACT concerning motor fuel.
SENATE BILL NO. 1104
A bill for AN ACT to amend the Carnival and Amusement Rides
Safety Act.
SENATE BILL NO. 1106
A bill for AN ACT to amend the Nursing Home Care Act by changing
Section 3-115.
SENATE BILL NO. 1110
A bill for AN ACT to amend the Disabled Veterans Housing Act by
changing Sections 2 and 2.1.
SENATE BILL NO. 1113
A bill for AN ACT to amend the Illinois Act on the Aging by
changing Section 4.04.
SENATE BILL NO. 1114
A bill for AN ACT regarding health care professionals.
SENATE BILL NO. 1116
A bill for AN ACT to amend the Illinois Public Aid Code by
changing Section 11-6.2.
Passed by the Senate, March 24, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 906, 949, 953, 958, 967, 993,
1024, 1033, 1047, 1062, 1063, 1064, 1067, 1082, 1104, 1106,
1110, 1113, 1114 and 1116 were ordered printed and to a First
Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed bills of the following
titles, in the passage of which I am instructed to ask the
concurrence of the House of Representatives, to-wit:
SENATE BILL NO. 1009
A bill for AN ACT to amend the Illinois Governmental Ethics Act.
SENATE BILL NO. 1015
A bill for AN ACT concerning the Secretary of State.
SENATE BILL NO. 1129
A bill for AN ACT in relation to motor vehicle ignition interlock
devices, amending named Acts.
SENATE BILL NO. 1141
2028 JOURNAL OF THE [March 24, 1999]
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 11-42-11.
SENATE BILL NO. 1144
A bill for AN ACT to amend the Property Tax Code by changing
Section 15-35.
SENATE BILL NO. 1171
A bill for AN ACT to amend the Illinois Municipal Code by
changing Section 11-31-1.
SENATE BILL NO. 1207
A bill for AN ACT concerning the John Joseph Kelly Veteran's
Home, amending named Acts.
Passed by the Senate, March 24, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILLS 1009, 1015, 1129, 1141, 1144,
1171 and 1207 were ordered printed and to a First Reading.
REPORTS FROM STANDING COMMITTEES
Representative Smith, Chairperson, from the Committee on
Agriculture & Conservation 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 HOUSE BILL 216.
Amendment No. 1 to HOUSE BILL 1822.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 216
and Amendment No. 1 to HOUSE BILL 1822 is as follows:
16, Yeas; 0, Nays; 0, Answering Present.
Y Smith, Michael, Chair Y Lawfer
Y Bost Y Mitchell, Bill
Y Fowler Y Myers, Richard
Y Franks Y O'Brien
Y Hannig Y Poe
Y Hartke Y Reitz, Vice-Chair
Y Johnson, Tim A Slone
Y Jones, John Y Turner, John
Y Woolard, Spkpn
Representative Curry, Chairperson, from the Committee on
Appropriations-Elementary & Secondary Education 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 HOUSE BILL 2383.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
2383 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Curry, Julie, Chair Y Meyer
Y Acevedo Y Mitchell, Jerry, Spkpn
A Coulson A Murphy
Y Delgado Y O'Connor
HOUSE OF REPRESENTATIVES 2029
A Johnson, Tom Y Silva
A Lawfer A Slone
Y Lopez Y Tenhouse
A Younge
Representative Morrow, Chairperson, from the Committee on
Appropriations-Public Safety 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 HOUSE BILL 1236.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
1236 is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Morrow, Chair A McGuire
Y Bassi A Mitchell, Bill
Y Delgado Y Osmond
A Fowler A Pankau
Y Franks A Pugh
Y Hoffman Y Sharp
Y Jones, Lou Y Skinner, Spkpn
Y Mautino, Vice-Chair Y Stephens
Y McAuliffe A Wait
A Zickus
Representative Ronen, Chairperson, from the Committee on Children
& Youth 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 HOUSE BILL 485.
The committee roll call vote on amendment NO. 1 to HOUSE BILL 485
is as follows:
7, Yeas; 0, Nays; 0, Answering Present.
Y Ronen, Chair (Erwin) Y Flowers
Y Bellock Y Howard, Vice-Chair
A Boland A Klingler, Spkpn
Y Crotty Y Lindner
Y Righter
Representative Steve Davis, Chairperson, from the Committee on
Constitutional Officers to which the following were referred, action
taken earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to HOUSE BILL 69.
The committee roll call vote on Amendment No. 3 to HOUSE BILL 69
is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Davis, Steve, Chair Y Kosel
Y Beaubien, Spkpn Y Lyons, Eileen
Y Crotty, Vice-Chair A McGuire
A Curry, Julie A Osmond
Y Holbrook Y Rutherford
Y Scott
2030 JOURNAL OF THE [March 24, 1999]
Representative Burke, Chairperson, from the Committee on
Executive to which the following were referred, action taken earlier
today, and reported the same back with the following recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to HOUSE BILL 321.
Amendment No. 2 to HOUSE BILL 427.
Amendment No. 9 to HOUSE BILL 452.
Amendment No. 1 to HOUSE BILL 479.
Amendment No. 1 to HOUSE BILL 806.
The committee roll call vote on Amendment No. 2 to HOUSE BILL 427
and Amendment No. 1 to HOUSE BILL 479 is as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
Y Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
The committee roll call vote on Amendment No. 9 to HOUSE BILL 452
is as follows:
14, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
A Acevedo Y Hassert
Y Beaubien Y Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
The committee roll call vote on Amendment No. 1 to HOUSE BILL 806
is as follows:
13, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
A Acevedo Y Hassert
Y Beaubien A Jones, Lou
Y Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
The committee roll call vote on Amendment No. 2 to HOUSE BILL 321
is as follows:
12, Yeas; 0, Nays; 0, Answering Present.
Y Burke, Chair Y Fritchey, Vice-Chair
A Acevedo Y Hassert
Y Beaubien A Jones, Lou
A Biggins Y Lopez
Y Bradley Y Pankau
Y Bugielski Y Poe, Spkpn
Y Capparelli Y Rutherford
Y Tenhouse
HOUSE OF REPRESENTATIVES 2031
Representative Bugielski, Chairperson, from the Committee on
Financial Institutions 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 HOUSE BILL 1740.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
1740 is as follows:
11, Yeas; 0, Nays; 0, Answering Present.
Y Bugielski, Chair Y Hultgren
Y Biggins A Jones, Shirley
Y Brady Y Lyons, Joseph
Y Burke, Vice-Chair Y Meyer, Spkpn
Y Davis, Monique Y Morrow
A Durkin A Novak
A Fritchey Y O'Connor
A Giles A Righter
A Hassert Y Saviano
A Schoenberg
Representative Flowers, Chairperson, from the Committee on Health
Care Availability & Access 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 HOUSE BILL 2271.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
2271 is as follows:
17, Yeas; 0, Nays; 1, Answering Present.
Y Flowers, Chair Y McKeon
Y Brosnahan Y Moore, Andrea
Y Coulson Y Mulligan
Y Dart Y Persico
Y Feigenholtz, Vice-Chair Y Ryder (Tim Johnson)
Y Garrett Y Scully
A Kenner Y Sharp
Y Klingler Y Silva
Y Krause, Spkpn Y Sommer
P Wirsing
Representative Erwin, Chairperson, from the Committee on Higher
Education 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 HOUSE BILL 1522.
Amendment No. 1 to HOUSE BILL 1523.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
1522 and Amendment No. 1 to HOUSE Bill 1523 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Erwin, Chair Y Lopez (Fowler)
Y Bost (Stephens) Y Myers, Richard
A Davis, Monique Y Righter
Y Giles A Smith, Michael
A Howard A Winkel
Y Johnson, Tim Y Wirsing, Spkpn
A Klingler Y Woolard
2032 JOURNAL OF THE [March 24, 1999]
A Younge
Representative Dart, Chairperson, from the Committee on Judiciary
I-Civil Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 1 to HOUSE BILL 721.
Amendments numbered 1 and 2 to HOUSE BILL 1113.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 721
and Amendments numbered 1 and 2 to HOUSE BILL 1113 is as follows:
10, Yeas; 0, Nays; 0, Answering Present.
Y Dart, Chair Y Lang
Y Brosnahan Y Mathias
Y Hamos Y Meyer
Y Hoffman Y Scott, Vice-Chair
Y Klingler Y Turner, John, Spkpn
A Wait
Representative Gash, Chairperson, from the Committee on Judiciary
II-Criminal Law 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 HOUSE BILL 881.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 881
is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
Y Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
A Durkin A Scully
Y Johnson, Tom (Bellock) A Smith, Michael, Vice-Chair
A Jones, Lou Y Turner, John
Y Winkel, Spkpn
Representative Stroger, Chairperson, from the Committee on Labor
& Commerce 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 HOUSE BILL 1587.
The committee roll call vote on Amendment No. 1 to HOUSE BILL
1587 is as follows:
9, Yeas; 0, Nays; 0, Answering Present.
Y Stroger, Chair A Johnson, Tom
A Brady Y Jones, Shirley
Y Dart A McKeon, Vice-Chair
Y Davis, Monique A Moore, Andrea
A Harris Y Osmond
Y Hoeft Y Parke, Spkpn
A Howard Y Sharp
Y Hultgren A Slone
A Winters
HOUSE OF REPRESENTATIVES 2033
Representative Giles, Chairperson, from the Committee on Local
Government 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 HOUSE BILL 1124.
Amendment No. 1 to HOUSE BILL 2302.
Amendment No. 3 to HOUSE BILL 2320.
Amendment No. 1 to HOUSE BILL 2683.
Amendment No. 1 to HOUSE BILL 2684.
The committee roll call vote on Amendment No. 3 to HOUSE BILL
2320 is as follows:
5, Yeas; 1, Nays; 1, Answering Present.
Y Giles, Chair P Mathias
A Acevedo Y Mautino
Y Hartke A Moffitt, Spkpn
N Lawfer Y Scott
Y Skinner
The committee roll call vote on Amendment No. 1 to HOUSE BILL
2683 is as follows:
5, Yeas; 1, Nays; 3, Answering Present.
Y Giles, Chair P Mathias
Y Acevedo Y Mautino
Y Hartke P Moffitt, Spkpn
N Lawfer Y Scott
P Skinner
The committee roll call vote on Amendment No. 1 to HOUSE BILL
2684 is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
Y Giles, Chair Y Mathias
Y Acevedo Y Mautino
Y Hartke Y Moffitt, Spkpn
Y Lawfer A Scott
Y Skinner
Representative Saviano, Chairperson, from the Committee on
Registration & Regulation 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 HOUSE BILL 245.
Amendment No. 1 to HOUSE BILL 1157.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 245
and Amendment No. 1 to HOUSE BILL 1157 is as follows:
15, Yeas; 0, Nays; 0, Answering Present.
Y Saviano, Chair Y Klingler
A Boland Y Kosel
Y Bradley Y Lyons, Eileen
Y Bugielski, Vice-Chair Y Meyer
Y Burke A Mulligan
Y Coulson Y Novak
Y Crotty Y Reitz
Y Davis, Steve Y Stephens
Y Zickus, Spkpn
2034 JOURNAL OF THE [March 24, 1999]
Representative Hoffman, Chairperson, from the Committee on
Transportation & Motor Vehicles 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 HOUSE BILL 1237.
Amendment No. 2 to HOUSE BILL 2573.
Amendment No. 1 to HOUSE BILL 2579.
The committee roll call vote on amendment NO. 2 to HOUSE BILL
2573 is as follows:
15, Yeas; 12, Nays; 0, Answering Present.
Y Hoffman, Chair N Kosel
N Bassi Y Lyons, Joseph
N Black N Mathias
Y Brosnahan A McAuliffe
Y Fowler N Moffitt
Y Garrett N Myers, Richard
Y Gash Y O'Brien
Y Giglio, Vice-Chair N Pankau
Y Hamos Y Reitz
Y Harris N Schmitz
Y Hartke Y Scully
N Hassert Y Sharp
Y Holbrook A Wait, Spkpn
N Jones, John N Wojcik
N Zickus
The committee roll call vote on amendment NO. 1 to HOUSE BILL
2579 is as follows:
15, Yeas; 13, Nays; 0, Answering Present.
Y Hoffman, Chair N Kosel
N Bassi Y Lyons, Joseph
N Black N Mathias
Y Brosnahan N McAuliffe
Y Fowler N Moffitt
Y Garrett N Myers, Richard
Y Gash Y O'Brien
Y Giglio, Vice-Chair N Pankau
Y Hamos Y Reitz
Y Harris N Schmitz
Y Hartke Y Scully
N Hassert Y Sharp
Y Holbrook A Wait, Spkpn
N Jones, John N Wojcik
N Zickus
The committee roll call vote on amendment NO. 1 to HOUSE BILL
1237 is as follows:
27, Yeas; 0, Nays; 0, Answering Present.
Y Hoffman, Chair Y Kosel
Y Bassi Y Lyons, Joseph
Y Black Y Mathias
Y Brosnahan A McAuliffe
Y Fowler Y Moffitt
Y Garrett Y Myers, Richard
Y Gash Y O'Brien
Y Giglio, Vice-Chair Y Pankau
Y Hamos Y Reitz
HOUSE OF REPRESENTATIVES 2035
Y Harris Y Schmitz
Y Hartke Y Scully
Y Hassert Y Sharp
Y Holbrook A Wait, Spkpn
Y Jones, John Y Wojcik
Y Zickus
Representative Scott, Chairperson, from the Committee on Urban
Revitalization 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 HOUSE BILL 306.
The committee roll call vote on Amendment No. 1 to HOUSE BILL 306
is as follows:
8, Yeas; 0, Nays; 0, Answering Present.
A Scott, Chair Y McCarthy, Vice-Chair
Y Bassi A McKeon
Y Dart Y O'Connor
A Garrett Y Parke
Y Harris A Slone
A Mathias, Spkpn A Winters
Y McAuliffe Y Younge
A Zickus
CHANGE OF SPONSORSHIP
Representative Erwin asked and obtained unanimous consent to be
removed as chief sponsor and Representative Hannig asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1522.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Black asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1580.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Black asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1583.
Representative Cross asked and obtained unanimous consent to be
removed as chief sponsor and Representative Winkel asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 777.
Representative Poe asked and obtained unanimous consent to be
removed as chief sponsor and Representative Tenhouse asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
2696.
Representative Hannig asked and obtained unanimous consent to be
removed as chief sponsor and Representative Steve Davis asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1124.
Representative Lopez asked and obtained unanimous consent to be
removed as chief sponsor and Representative Acevedo asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
1376.
Representative Scott asked and obtained unanimous consent to be
removed as chief sponsor and Representative Novak asked and obtained
unanimous consent to be shown as chief sponsor of HOUSE BILL 1409.
Representative Hoffman asked and obtained unanimous consent to be
removed as chief sponsor and Representative Schmitz asked and
obtained unanimous consent to be shown as chief sponsor of HOUSE BILL
2036 JOURNAL OF THE [March 24, 1999]
2309.
Representative Lindner asked and obtained unanimous consent to be
removed as chief sponsor and Representative Righter asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 234.
Representative Saviano asked and obtained unanimous consent to be
removed as chief sponsor and Representative Kenner asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 238.
Representative Scott asked and obtained unanimous consent to be
removed as chief sponsor and Representative Zickus asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 477.
Representative Hamos asked and obtained unanimous consent to be
removed as chief sponsor and Representative Lindner asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 576.
Representative O'Brien asked and obtained unanimous consent to be
removed as chief sponsor and Representative Osmond asked and obtained
unanimous consent to be shown as chief sponsor of SENATE BILL 1076.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1096.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1097.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1098.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1099.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1100.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1101.
Representative Madigan asked and obtained unanimous consent to be
removed as chief sponsor and Representative Daniels asked and
obtained unanimous consent to be shown as chief sponsor of SENATE
BILL 1102.
HOUSE BILLS ON THIRD READING
The following bills and any amendments adopted thereto were
printed and laid upon the Members' desks. These bills have been
examined, any amendments thereto engrossed and any errors corrected.
Any amendments pending were tabled pursuant to Rule 40(a).
On motion of Representative Durkin, HOUSE BILL 1302 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:
75, Yeas; 34, Nays; 1, Answering Present.
(ROLL CALL 2)
HOUSE OF REPRESENTATIVES 2037
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Delgado, HOUSE BILL 1181 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 3)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hoeft, HOUSE BILL 2045 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:
113, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 4)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Fritchey, HOUSE BILL 1707 was taken
up and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
44, Yeas; 63, Nays; 6, Answering Present.
(ROLL CALL 5)
This bill, having failed to receive the votes of a constitutional
majority of the Members elected, was declared lost.
On motion of Representative Klingler, HOUSE BILL 1874 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:
81, Yeas; 25, Nays; 8, Answering Present.
(ROLL CALL 6)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hamos, HOUSE BILL 1232 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:
105, Yeas; 10, Nays; 0, Answering Present.
(ROLL CALL 7)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Zickus, HOUSE BILL 2647 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
2038 JOURNAL OF THE [March 24, 1999]
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 8)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Silva, HOUSE BILL 2379 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:
77, Yeas; 37, Nays; 0, Answering Present.
(ROLL CALL 9)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Saviano, HOUSE BILL 2787 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
115, Yeas; 0, Nays; 0, Answering Present.
(ROLL CALL 10)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Silva, HOUSE BILL 2046 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?".
Pending the vote on said bill, on motion of Representative Silva,
further consideration of HOUSE BILL 2046 was postponed.
On motion of Representative O'Connor, HOUSE BILL 2359 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:
106, Yeas; 8, Nays; 0, Answering Present.
(ROLL CALL 11)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Howard, HOUSE BILL 1176 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:
68, Yeas; 44, Nays; 2, Answering Present.
(ROLL CALL 12)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Winters, HOUSE BILL 2246 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
HOUSE OF REPRESENTATIVES 2039
the affirmative by the following vote:
112, Yeas; 1, Nays; 2, Answering Present.
(ROLL CALL 13)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Hamos, HOUSE BILL 1771 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:
76, Yeas; 36, Nays; 0, Answering Present.
(ROLL CALL 14)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Lang, HOUSE BILL 1234 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:
88, Yeas; 21, Nays; 6, Answering Present.
(ROLL CALL 15)
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
On motion of Representative Pugh, HOUSE BILL 1981 was taken up
and read by title a third time.
And the question being, "Shall this bill pass?" it was decided in
the negative by the following vote:
25, Yeas; 87, Nays; 0, Answering Present.
(ROLL CALL 16)
This bill, having failed to receive the votes of a constitutional
majority of the Members elected, was declared lost.
On motion of Representative Flowers, HOUSE BILL 626 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:
62, Yeas; 37, Nays; 15, Answering Present.
(ROLL CALL 17) VERIFIED ROLL CALL
This bill, having received the votes of a constitutional majority
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate and ask their
concurrence.
HOUSE BILLS ON SECOND READING
Having been read by title a second time on March 16, 1999 and
held, the following bills were taken up and advanced to the order of
Third Reading: HOUSE BILLS 931, 1162, 1328, 1436, 1465, 1754, 1834,
1869, 1870, 2167, 2188, 2319 and 2309.
HOUSE BILL 2271. Having been recalled on March 18, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Coulson offered the following amendment and moved
2040 JOURNAL OF THE [March 24, 1999]
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2271
AMENDMENT NO. 1. Amend House Bill 2271 by replacing the title
with the following:
"AN ACT to create the Small Employer Health Insurance Rating
Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Small
Employer Health Insurance Rating Act.
Section 5. Purpose. The legislature recognizes that all too
often, small employers are forced to increase employee co-pays and
deductibles or drop health insurance coverage altogether because of
unexpected rate increases as a result of one major medical problem.
It is the intent of this Act to improve the efficiency and fairness
of the small group health insurance marketplace.
Section 10. Definitions. For purposes of this Act:
"Actuarial certification" means a written statement by a member
of the American Academy of Actuaries or other individual acceptable
to the Director that a small employer carrier is in compliance with
the provisions of Section 30 of this Act, based upon an examination
which includes a review of the appropriate records and of the
actuarial assumptions and methods utilized by the small employer
carrier in establishing premium rates for the applicable health
benefit plans.
"Base premium rate" means for each class of business as to a
rating period, the lowest premium rate charged or which could be
charged under a rating system for that class of business by the small
employer carrier to small employers with similar case characteristics
for health benefit plans with the same or similar coverage.
"Carrier" means any entity which provides health insurance in
this State. For the purposes of this Act, carrier includes a
licensed insurance company, a prepaid hospital or medical service
plan, a health maintenance organization, a multiple-employer welfare
arrangement, or any other entity providing a plan of health insurance
or health benefits subject to state insurance regulation.
"Case characteristics" means demographic, geographic or other
objective characteristics of a small employer, that are considered by
the small employer carrier, in the determination of premium rates for
the small employer. Claim experience, health status, and duration of
coverage shall not be characteristics for the purposes of the Small
Employer Health Insurance Act.
"Class of business" means all or a separate grouping of small
employers established pursuant to Section 25.
"Director" means the Director of Insurance.
"Department" means the Department of Insurance.
"Eligible employee" means an employee who works on a full-time
basis for the small employer, with a normal week of 30 or more hours,
and has satisfied the waiting period and is a member of the class
eligible for insurance. Eligible employee may also include a sole
proprietor, a partner of a partnership or an independent contractor,
provided such sole proprietor, partner or independent contractor is
included as an employee under a health benefit plan of a small
employer. It does not include an employee who works on a part-time,
temporary, seasonal or substitute basis.
"ERISA" means the Employee Retirement Income Security Act of
1974, as amended.
"Health benefit plan" or plan shall mean any hospital or medical
expense-incurred policy or certificate, hospital or medical service
HOUSE OF REPRESENTATIVES 2041
plan contract, or health maintenance organization subscriber
contract. Health benefit plan shall not include individual,
accident-only, credit, dental, vision, medicare supplement, hospital
indemnity, long term care or disability income insurance, coverage
issued as a supplement to liability insurance, workers' compensation
or similar insurance, or automobile medical payment insurance.
"Index rate" means, for each class of business as to a rating
period for small employers with similar case characteristics, the
arithmetic average of the applicable base premium rate and the
corresponding highest premium rate.
"Late enrollee" means an eligible employee or dependent who
requests enrollment in a health benefit plan of a small employer
following the initial enrollment period during which the individual
is entitled to enroll under the terms of the health benefit plan,
provided that the initial enrollment period is a period of at least
30 days. However, an eligible employee or dependent shall not be
considered a late enrollee if:
(1) the individual meets each of the following:
(A) the individual was covered under an employer based
health benefit plan at the time of the initial enrollment;
(B) the individual lost coverage under qualifying
previous coverage as a result of termination of employment
or eligibility, the involuntary termination of the
qualifying previous coverage, death of a spouse or divorce;
and
(C) the individual requests enrollment within 30 days
after the termination of the qualifying previous coverage;
(2) the individual is employed by an employer which offers
multiple health benefit plans and the individual elects a
different plan during an open enrollment period; or
(3) a court has ordered coverage be provided for a spouse
or minor or dependent child under a covered employee's health
benefit plan and request for enrollment is made within 30 days
after issuance of the court order.
"MEWA" means an "multiple-employer welfare arrangement" as
defined in Section 3 of ERISA, as amended, except for any arrangement
which is fully insured within the meaning of Section 514(b)(6) of
ERISA, as amended.
"New business premium rate" means, for each class of business as
to a rating period, the lowest premium rate charged or offered or
which could have been charged or offered by the small employer
carrier to small employers with similar case characteristics for
newly issued health benefit plans with the same or similar coverage.
"Preexisting condition" means a condition which, during a 12
month period immediately preceding the effective date of coverage,
had manifested itself in such a manner as would cause an ordinarily
prudent person to seek medical advice, diagnosis, care or treatment
or for which medical advice, diagnosis care, or treatment was
recommended or received, or a pregnancy existing on the effective
date of coverage.
"Premium" means all monies paid by a small employer and eligible
employees as a condition of receiving coverage from a small employer
carrier, including any fees or other contributions associated with
the health benefit plan.
"Rating period" means the calendar period for which premium rates
established by a small employer carrier are assumed to be in effect.
"Small employer" means any person, firm, corporation,
partnership, or association that is actively engaged in business
that, on at least 50% of its working days during the preceding
calendar quarter, employed at least 2 but no more than 25 eligible
employees, the majority of whom were employed in this State. In
2042 JOURNAL OF THE [March 24, 1999]
determining the number of eligible employees, companies that are
affiliated companies, or that are eligible to file a combined tax
return for purposes of state taxation, shall be considered one
employer.
"Small employer carrier" means a carrier that offers health
benefit plans covering eligible employees of one or more small
employers in this State.
Section 15. Applicability and Scope.
(a) This Act shall apply to each health benefit plan for a small
employer that is delivered, issued for deliver, renewed or continued
in this State after January 1, 2000. For purposes of this Section,
the date a plan is continued shall be the first rating period which
commences after January 1, 2000.
The Act shall apply to any such health benefit plan which
provides coverage to employees of a small employer, except that the
Act shall not apply to individual health insurance policies.
(b)(1) Except as provided in paragraph (2) for the purposes of
this Act, carriers that are affiliated companies or that are eligible
to file a consolidate tax return shall be treated as one carrier and
any restrictions or limitations imposed by this Act shall apply as if
all health benefit plans delivered or issued for delivery to small
employers in this State by such affiliated carriers were issued by
one carrier.
(2) An affiliated carrier that is a health maintenance
organization having a certificate of authority under Section 2-1 of
the Health Maintenance Organization Act may be considered to be a
separate carrier for the purposes of this Act.
Section 20. Underwriting Provisions.
Health benefit plans covering small employers and, to the extent
permitted by ERISA, other benefit arrangements covering small
employers shall be subject to the following provisions, as
applicable:
(1) Preexisting condition limitation: No policy provision
shall exclude or limit coverage for a preexisting condition for a
period beyond 12 months following the effective date of a
person's coverage.
(2) Portability of coverage: The preexisting condition
limitation period shall be reduced to the extent a person was
covered under a prior employer-based health benefit plan if:
(A) the person is not a late enrollee; and
(B) the prior coverage was continuous to a date not
more than 30 days prior to the effective date of the new
coverage, exclusive of any applicable waiting period.
(3) If a small employer carrier offers coverage to a small
employer, the small employer carrier shall offer coverage to all
of the eligible employees of a small employer and their
dependents. A small employer carrier shall not offer coverage to
only certain individuals in an eligible class of a small employer
group, except in the case of late enrollees. Persons lawfully
excluded by a carrier prior to the effective date of this Act may
continue to be excluded by that carrier.
(4) A small employer carrier shall not modify a health
benefit plan with respect to a small employer or any eligible
employee or dependent, except that for employees to whom the
preexisting condition limitations may apply, a small employer
carrier may restrict or exclude coverage or benefits for a
specific condition for a maximum period of 12 months from the
effective date of the eligible employee's or dependent's coverage
by way of rider or endorsement. As to employees to whom the
portability of coverage provisions apply, no riders or
endorsements may reduce or limit benefits to be provided under
HOUSE OF REPRESENTATIVES 2043
the portability of coverage provisions. Any modification legally
implemented by a carrier prior to the effective date of this Act
may be continued by that carrier.
Section 25. Establishment of Class of Business.
(a) A small employer carrier may establish a separate class of
business only to reflect substantial differences in expected claims
experience or administrative costs related to the following reasons:
(1) the small employer carrier uses more than one type of
system for the marketing and sale of health benefit plans to
small employers;
(2) the small employer carrier has acquired a class of
business from another small employer carrier; or
(3) the small employer carrier provides coverage to one or
more association groups.
(b) A small employer carrier may establish up to 3 separate
classes of business under subsection (a).
(c) The Director may establish regulations to provide for a
period of transition in order for a small employer carrier to come
into compliance with subsection (b) in the instance of acquisition of
an additional class of business from another small employer carrier.
(d) The Director may approve the establishment of additional
classes of business upon application to the Director and a finding by
the Director that such action would enhance the efficiency and
fairness of the small employer marketplace.
Section 30. Premium Rates.
(a) Premium rates for health benefit plans subject to this Act
shall be subject to all of the following provisions:
(1) The index rate for a rating period for any class of
business shall not exceed the index rate for any other class of
business by more than 20%.
(2) For a class of business, the premium rates charged
during a rating period to small employers with similar case
characteristics for the same or similar coverage, or the rates
that could be charged to such employers under the rating system
for that class of business, shall not vary from the index rate by
more than 30% of the index rate for the first rating period
following January 1, 2000, by more than 20% of the index rate for
the second rating period following January 1, 2000, nor by more
than 10% of the index rate for any subsequent rating period.
(3) The percentage increase in the premium rate charged to
a small employer for a new rating period shall not exceed the sum
of the following:
(A) the percentage change in the new business premium
rate measured from the first day of the prior rating period
to the first day of the new rating period. In the case of a
health benefit plan into which the small employer carrier is
no longer enrolling new small employers, the small employer
carrier shall use the percentage change in the base premium
rate;
(B) an adjustment, not to exceed 15% annually and
adjusted pro rata for rating periods of less than one year,
due to claim experience, health status, or duration of
coverage of the employees or dependents of the small
employer as determined from the small employer carrier's
rate manual for the class of business; and
(C) any adjustment due to change in coverage or change
in the case characteristics of the small employer as
determined from the small employer carrier's rate manual for
the class of business.
(4) Adjustments in rates for a new rating period due to
claim experience, health status and duration of coverage shall
2044 JOURNAL OF THE [March 24, 1999]
not be charged to individual employees or dependents. Any such
adjustment shall be applied uniformly to the rates charged for
all employees and dependents of the small employer.
(5) In the case of health benefit plans delivered or issued
for deliver prior to the effective date of this Act, a premium
rate for a rating period may exceed the ranges set forth in items
(1) and (2) of subsection (a) for a period of 3 years following
the effective date of this Act. In such case, the percentage
increase in the premium rate charged to a small employer for a
new rating period shall not exceed the sum of the following:
(A) the percentage change in the new business premium
rate measured from the first day of the prior rating period
to the first day of the new rating period; in the case of a
class of business into which the small employer carrier is
no longer enrolling new small employes, the small employer
carrier shall use the percentage change in the base premium
rate, provided that such change does not exceed, on a
percentage basis, the change in the new business premium
rate for the most similar class of business into which the
small employer carrier is actively enrolling new small
employers; and
(B) any adjustment due to change in coverage or change
in the case characteristics of the small employer as
determined from the carrier's rate manual for the class of
business.
(6) Small employer carriers shall apply rating factors,
including case characteristics, consistently with respect to all
small employers in a class of business. A small employer carrier
shall treat all health benefit plans issued or renewed in the
same calendar month as having the same rating period.
(7) For the purposes of this subsection, a health benefit
plan that contains a restricted network provision shall not be
considered similar coverage to a health benefit plan that does
not contain such a provision, provided that the restriction of
benefits to network providers results in substantial differences
in claim costs.
(b) A small employer carrier shall not transfer a small employer
involuntarily into or out of a class of business. A small employer
carrier shall not offer to transfer a small employer into or out of a
class of business unless such offer is made to transfer all small
employers in the class of business without regard to case
characteristics, claim experience, health status or duration of
coverage since issue.
(c) The Director may suspend for a specified period the
application of item (1) of subsection (a) as to the premium rates
applicable to one or more small employers included within a class of
business of a small employer carrier for one or more rating periods
upon a filing by the small employer carrier and a finding by the
Director either that the suspension is reasonable in light of the
financial condition of the small employer carrier or that suspension
would enhance the efficiency and fairness of the marketplace for
small employer health insurance.
Section 35. Rating and underwriting records.
(a) A small employer carrier shall maintain at its principal
place of business a complete and detailed description of its rating
practices and renewal underwriting practices, including information
and documentation that demonstrates that its rating methods and
practices are based upon commonly accepted actuarial assumptions and
are in accordance with sound actuarial principles.
(b) A small employer carrier shall file with the Director
annually on or before March 15, an actuarial certification certifying
HOUSE OF REPRESENTATIVES 2045
that the carrier is in compliance with this Act, and that the rating
methods of the small employer carrier are actuarially sound. Such
certification shall be in a form and manner, and shall contain such
information, as specified by the Director. A copy of the
certification shall be retained by the small employer carrier at its
principal place of business.
(c) A small employer carrier shall make the information and
documentation described in subsection (a) available to the Director
upon request. Except in cases of violations of this Act, the
information shall be considered proprietary and trade secret
information and shall not be subject to disclosure by the Director to
persons outside of the Department except as agreed to by the small
employer carrier or as ordered by a court of competent jurisdiction.
Section 40. Suspension of Rate Requirements. The Director may
suspend all or any part of Section 30 as to the premium rates
applicable to one or more small employers for one or more rating
periods upon a filing by the small employer carrier and a finding by
the Director that either the suspension is reasonable in light of the
financial condition of the carrier or the suspension would enhance
the efficiency and fairness of the small employer health insurance
marketplace.
Section 45. Director's Regulatory Authority. The Director may
adopt and promulgate rules and regulations to carry out the
provisions of this Act.
Section 99. Effective date. This Act takes effect January 1,
2000.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 216. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Bost offered the following amendment and moved its
adoption:
AMENDMENT NO. 1 TO HOUSE BILL 216
AMENDMENT NO. 1. Amend House Bill 216 as follows:
by replacing the title with the following:
"AN ACT to amend the Wildlife code by changing Section 3.8."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Wildlife Code is amended by changing Section 3.8
as follows:
(520 ILCS 5/3.8) (from Ch. 61, par. 3.8)
Sec. 3.8. Migratory waterfowl areas; geese.
(a) On any property operated under a Migratory Waterfowl Hunting
Area Permit (Commercial) where the principal use is to take wild
geese, it is the permit holder's duty to ensure all of the following
but only during Canada goose season:
(1) That no person takes wild geese except from a blind or
pit.
(2) That no person establishes or uses any blind or pit for
the taking of wild geese within 200 yards of any other blind or
pit or within 100 yards of the boundary of the property on which
the blind or pit is located.
2046 JOURNAL OF THE [March 24, 1999]
(3) That no person establishes or uses any blind or pit for
the taking of wild geese within 200 yards of any wildlife refuge
boundary or public road right-of-way adjacent to any State or
Federal waterfowl refuge. If a blind or pit has been
established for more than 10 years and it was believed by both
the landowner and the Department during that time to meet the
minimum yardage requirements of this paragraph (3), then the
blind or pit may remain in place even though a survey or other
evidence may indicate that the minimum yardage requirements are
not met.
(b) On any property where the principal use is to take wild
geese in Alexander, Franklin, Jackson, Jefferson, Union and
Williamson Counties, other than property operated under a Migratory
Waterfowl Hunting Area Permit (Commercial), all of the following
restrictions shall be observed but only during Canada goose season:
(1) No person may take wild geese except from a blind or
pit and it shall be illegal to take or attempt to take geese from
the base of standing timber except when immediately adjacent to
an open field.
(2) No person may establish or use a blind or pit within
100 yards of the boundary of the property on which the blind or
pit is located unless the minimum yardage requirement cannot be
met, in which case one pit or blind may be permitted only if
there is a minimum of 200 yards between that pit or blind and the
nearest pit or blind.
(3) No person may establish or use a blind or pit for the
taking of wild geese within 200 yards of any wildlife refuge
boundary or public road right-of-way adjacent to any State or
Federal waterfowl refuge. If a blind or pit has been
established for more than 10 years and it was believed by both
the landowner and the Department during that time to meet the
minimum yardage requirements of this paragraph (3), then the
blind or pit may remain in place even though a survey or other
evidence may indicate that the minimum yardage requirements are
not met.
(4) No more than the number of persons allowed by
administrative rule may occupy or attempt to take wild geese from
any blind or pit at the same time.
(Source: P.A. 90-435, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2383. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Curry offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2383
AMENDMENT NO. 1. Amend House Bill 2383 by replacing everything
after the enacting clause with the following:
"Section 1. The following amounts, or so much of those amounts
HOUSE OF REPRESENTATIVES 2047
as may be necessary, respectively, for the objects and purposes
named, are appropriated from federal funds to meet the ordinary and
contingent expenses of the State Board of Education for the fiscal
year ending June 30, 2000:
From National Center for Education Statistics Fund (Common Core Data
Survey):
From National Center for Education Statistics
Fund (Common Core Data Survey):
For Contractual Services $75,000
For Travel 22,000
Total $97,000
From Federal Department of Education Fund (Title
VII Bilingual):
For Personal Services $68,600
For Employee Retirement Paid by Employer 2,800
For Retirement Contributions 7,600
For Social Security Contributions 5,000
For Insurance 5,800
For Contractual Services 5,500
For Travel 5,000
For Commodities 200
For Printing 500
Total $101,000
From Federal Department of Education Fund (Emergency
Immigrant Education):
For Personal Services $22,100
For Employee Retirement Paid by Employer 900
For Retirement Contributions 2,200
For Social Security Contributions 1,700
For Insurance 5,800
For Contractual Services 31,000
For Travel 11,500
For Commodities 4,000
For Equipment 8,000
For Telecommunication 2,000
Total $89,200
From Department of Health and Human Services Fund
(Training School Health Personnel):
For Personal Services $87,000
For Employee Retirement Paid by Employer 3,500
For Retirement Contributions 9,400
For Social Security Contributions 2,200
For Insurance 11,600
For Contractual Services 152,100
For Travel 8,000
For Commodities 8,700
For Printing 4,500
For Equipment 8,500
For Telecommunications 2,500
Total $298,000
From the Federal Department of Education Fund
(Goals 2000):
For Personal Services $129,600
For Employee Retirement Paid by Employer 5,200
For Retirement Contributions 14,100
For Social Security Contributions 3,700
For Insurance 17,500
For Contractual Services 96,700
For Travel 28,500
For Equipment 1,000
For Telecommunications 1,800
2048 JOURNAL OF THE [March 24, 1999]
Total $298,100
From ISBE Federal National Community Service Fund
(Serve America):
For Personal Services $20,000
For Employee Retirement Paid by Employer 800
For Retirement Contributions 2,200
For Social Security Contributions 200
For Insurance 3,000
For Contractual Services 1,000
For Travel 15,800
For Printing 2,000
Total $45,000
From Carnegie Foundation Grant Fund:
For Contractual Services $90,000
For Travel 10,000
Total $100,000
From Federal Department of Agriculture Fund (Child
Nutrition):
For Personal Services $2,980,000
For Employee Retirement Paid by Employer 124,000
For Retirement Contributions 313,400
For Social Security Contributions 140,000
For Insurance 374,700
For Contractual Services 1,441,300
For Travel 415,500
For Commodities 134,300
For Printing 137,200
For Equipment 252,500
For Telecommunications 59,500
Total $6,372,400
From Federal Department of Education Fund
(Even Start):
For Personal Services $120,100
For Employee Retirement Paid by Employer 5,000
For Retirement Contributions 13,600
For Social Security Contributions 5,000
For Insurance 15,000
For Contractual Services 21,200
For Travel 25,000
For Commodities 500
For Printing 1,500
For Equipment 1,000
Total $207,900
From Federal Department of Education Fund (Title 1):
For Personal Services $2,182,900
For Employee Retirement Paid by Employer 87,400
For Retirement Contributions 234,200
For Social Security Contributions 53,800
For Insurance 242,200
For Contractual Services 458,700
For Travel 126,500
For Commodities 40,600
For Printing 8,500
For Equipment 83,200
For Telecommunications 34,000
Total $3,552,000
From Federal Department of Education Fund
(Title I - Migrant Education):
For Personal Services $46,800
For Employee Retirement Paid by Employer 1,900
For Retirement Contributions 5,200
HOUSE OF REPRESENTATIVES 2049
For Social Security Contributions 2,500
For Insurance 4,400
For Contractual Services 123,500
For Travel 17,000
For Commodities 1,000
For Telecommunications 3,300
Total $205,600
From Federal Department of Education Fund
(Title IV Safe and Drug Free Schools):
For Personal Services $516,000
For Employee Retirement Paid by Employer 20,700
For Retirement Contributions 54,300
For Social Security Contributions 17,800
For Insurance 63,800
For Contractual Services 93,100
For Travel 56,000
For Commodities 1,000
For Printing 1,500
For Equipment 20,000
For Telecommunications 8,000
Total $852,200
From Federal Department of Education Fund
(Title II Eisenhower Professional Development):
For Personal Services $450,000
For Employee Retirement Paid by Employer 20,000
For Retirement Contributions 50,300
For Social Security Contributions 20,000
For Insurance 55,000
For Contractual Services 186,100
For Travel 65,000
For Commodities 1,800
For Printing 1,500
For Equipment 22,000
For Telecommunications 5,300
Total $877,000
From Federal Department of Education Fund
(McKinney Homeless Assistance):
For Personal Services $60,500
For Employee Retirement Paid by Employer 2,500
For Retirement Contributions 6,700
For Social Security Contributions 1,000
For Insurance 5,800
For Contractual Services 137,900
For Travel 11,000
For Commodities 3,000
For Printing 10,000
For Equipment 5,000
Total $243,400
From Federal Department of Education Fund
Personnel Development Part D Training):
For Personal Services $67,500
For Employee Retirement Paid by Employer 2,700
For Retirement Contributions 7,500
For Social Security Contributions 2,600
For Insurance 5,800
For Contractual Services 84,300
For Travel 3,500
For Commodities 2,000
Total $175,900
From Federal Department of Education Fund (Pre-School):
For Personal Services $432,900
2050 JOURNAL OF THE [March 24, 1999]
For Employee Retirement Paid by Employer 17,400
For Retirement Contributions 46,800
For Social Security Contributions 24,500
For Insurance 50,800
For Contractual Services 390,400
For Travel 45,500
For Commodities 28,000
For Printing 25,100
For Equipment 5,500
For Telecommunications 6,100
Total $1,073,000
From Federal Department of Education Fund
(Individuals with Disabilities Education
Act - IDEA):
For Personal Services $3,195,300
For Employee Retirement Paid by Employer 128,000
For Retirement Contributions 343,300
For Social Security Contributions 124,000
For Insurance 348,000
For Contractual Services 1,165,700
For Travel 241,300
For Commodities 35,100
For Printing 103,000
For Equipment 92,000
For Telecommunications 61,000
Total $5,836,700
From Federal Department of Education Fund (Deaf-Blind):
For Personal Services $20,000
For Employee Retirement Paid by Employer 1,000
For Retirement Contributions 1,700
For Social Security Contributions 4,000
For Insurance 1,500
Total $28,200
From Federal Department of Education Fund
(Vocational and Applied Technology Education
Title II):
For Personal Services $2,753,700
For Employee Retirement Paid by Employer 100,400
For Retirement Contributions 267,500
For Social Security Contributions 147,200
For Insurance 271,200
For Contractual Services 960,700
For Travel 240,300
For Commodities 16,800
For Printing 27,600
For Equipment 103,800
For Telecommunications 39,500
Total $4,928,700
From Federal Department of Education Fund
(Vocational Education - Title III):
For Personal Services $261,500
For Employee Retirement Paid by Employer 7,500
For Retirement Contributions 20,500
For Social Security Contributions 4,000
For Insurance 17,400
For Contractual Services 3,600
For Travel 15,000
For Commodities 800
For Equipment 15,000
Total $345,300
From Federal Department of Education Fund
HOUSE OF REPRESENTATIVES 2051
(Adult Education):
For Personal Services $722,200
For Employee Retirement Paid by Employer 26,000
For Retirement Contributions 70,000
For Social Security Contributions 13,600
For Insurance 71,100
For Contractual Services 425,000
For Travel 124,500
For Commodities 2,900
For Printing 8,100
For Equipment 38,200
For Telecommunications 10,800
Total $1,512,400
From Federal Department of Education Fund (Title VI):
For Personal Services $1,414,100
For Employee Retirement Paid by Employer 62,600
For Retirement Contributions 146,800
For Social Security Contributions 57,000
For Insurance 181,500
For Contractual Services 742,800
For Travel 100,500
For Commodities 12,600
For Printing 45,900
For Equipment 30,000
For Telecommunications 56,000
Total $2,849,800
Total, Section 1 $30,088,800
Section 5. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated from federal funds to
meet the ordinary and contingent expenses of the State Board
of Education for the fiscal year ending June 30, 2000:
From the Federal Department of Labor Fund:
For operational costs and
grants to implement the School-to-Work
Program $24,000,000
From the Federal Department of Education Fund:
For costs associated with the Christa
McAulliffe Fellowship Program 75,000
For operational costs and grants to implement
the Technology Literacy Program 20,000,000
For operational expenses for the Illinois
Purchased Care Review Board 125,000
For costs associated with the Charter Schools
Program 2,500,000
For costs associated with the Local Initiative
in Character Education 1,000,000
For operational costs and grants for the
Youth With Disabilities Program 800,000
For costs associated with the Department
of Defense Troops to Teachers Program 100,000
For costs associated with the Title I
Comprehensive Schools Reform Program 8,000,000
For costs associated with IDEA Improvement
-Part D Program 2,000,000
For operational costs and grants to implement the
Reading Excellence Act Program 30,000,000
For costs associated with the Linking
Educational Technology project 3,000,000
For costs associated with the Advanced Placement
Fee Payment Program 160,000
2052 JOURNAL OF THE [March 24, 1999]
From the State Board of Education Job Training
Partnership
Act Fund:
For operational costs and grants for the
Job Training Partnership Act Program $4,595,400
Total, Section 5 $96,355,400
Section 10. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated from State funds to meet
the ordinary and contingent expenses of the State Board of
Education for the fiscal year ending June 30, 2000:
- GENERAL OFFICE -
From General Revenue Fund:
For Personal Services $2,301,500
For Employee Retirement Paid by Employer 85,100
For Retirement Contributions 85,400
For Social Security Contributions 93,500
For Contractual Services 86,100
For Travel 40,600
For Commodities 8,700
Total $2,700,900
-EDUCATION SERVICES-
From General Revenue Fund:
For Personal Services $5,533,800
For Employee Retirement Paid by Employer 213,000
For Retirement Contributions 198,500
For Social Security Contributions 185,400
For Contractual Services 130,200
For Travel 63,400
For Commodities 6,700
For Printing 4,200
For Telecommunications 29,200
Total $6,364,400
-FINANCE AND ADMINISTRATION-
From General Revenue Fund:
For Personal Services $7,331,100
For Employee Retirement Paid by Employer 284,300
For Retirement Contributions 226,900
For Social Security Contributions 197,300
For Contractual Services 1,808,700
For Travel 159,500
For Commodities 82,800
For Printing 147,100
For Equipment 104,200
For Telecommunications 333,600
For Operation of Automotive Equipment 11,700
For Regional Board of School Trustees 10,000
For State Contribution to the Education
Commission of the States 90,000
For Contractual Services for teacher
dismissal hearing costs under
Sections 24-12, 34-15, and
34-85 of the School Code 190,000
Total $10,977,200
-POLICY AND PLANNING-
From General Revenue Fund:
For Personal Services $ 1,687,000
For Employee Retirement Paid by Employer 65,400
For Retirement Contributions 63,700
For Social Security Contributions 56,300
For Contractual Services 68,000
HOUSE OF REPRESENTATIVES 2053
For Travel 54,200
For Commodities 1,600
Total $1,996,200
-ACCOUNTABILITY AND QUALITY ASSURANCE-
From General Revenue Fund:
For Personal Services $2,915,400
For Employee Retirement Paid by Employer 110,000
For Retirement Contributions 87,800
For Social Security Contributions 87,900
For Contractual Services 37,000
For Travel 13,300
For Commodities 1,600
Total $3,253,000
-FINANCE AND ADMINISTRATION-
From Driver Education Fund:
For Personal Services $598,400
For Employee Retirement Paid by Employer 22,400
For Retirement Contributions 9,300
For Social Security Contributions 20,000
For Insurance 69,700
For Contractual Services 57,700
For Travel 29,000
For Commodities 5,600
For Printing 12,000
For Equipment 29,700
For Telecommunications 15,000
Total $868,800
(Total, this Section $26,160,500;
General Revenue Fund $25,291,700;
Driver Education Fund $868,800.)
Section 15. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated to the State Board of
Education for Grants-In-Aid:
From Federal Funds:
For reimbursement to local education
agencies, eligible recipients and other
service providers as provided by the
United States Department of Education:
Emergency Immigrant Education Program $12,000,000
Title VII Foreign Language Assistance 500,000
Goals 2000 23,000,000
Title I - Even Start 5,000,000
Title 1 - Basic 350,000,000
Title 1 - Neglected/Delinquent 2,600,000
Title 1 - Improvement Grants 3,000,000
Title 1 - Capital Expense 3,000,000
Title 1 - Migrant Education 3,155,000
Title IV Safe and Drug Free Schools 27,000,000
Title II Eisenhower Professional Development 14,000,000
McKinney Education for Homeless Children 1,600,000
Pre-School 25,000,000
Individuals with Disabilities Education Act 200,000,000
Deaf-Blind 255,000
Vocational Education - Basic Grant 43,500,000
Vocational Education - Technical Preparation 6,000,000
Adult Education 18,000,000
Title VI 67,000,000
Total Federal Department of
Education Fund $804,610,000
From the Driver Education Fund:
2054 JOURNAL OF THE [March 24, 1999]
For the reimbursement to school districts
under the provisions of the Driver
Education Act $15,750,000
From the Special Education Medicaid Matching
Fund:
For costs associated with Individuals
with Disabilities and KidCare $225,000,000
From the Federal Department of Agriculture Fund:
For reimbursement to local education
agencies and eligible recipients for
programs as provided by the United States
Department of Agriculture for the
Child Nutrition Program $385,000,000
From the ISBE Federal National Community Service
Fund:
For grants to local education agencies
and eligible recipients for Learn and
Serve America $2,000,000
From the Carnegie Foundation Fund:
For reimbursement to local education
agencies and eligible recipients for
programs provided by the Carnegie
Foundation $50,000
(Total, this Section $1,427,410,000.)
Section 20. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated to the State Board of
Education for Grants-In-Aid:
From the General Revenue Fund:
For compensation of Regional Superintendents
of Schools and assistants under Section
18-5 of the School Code $6,318,600
For payment of one time employer's
contribution to Teachers' Retirement
System as provided in the Early Retirement
Incentive Provision of Public Act 87-1265
and under Section 16-133.2 of the Illinois
Pension Code $142,900
For the Supervisory Expense Fund under
Section 18-6 of the School Code $102,000
For orphanage tuition claims and State owned
housing claims as provided under Section
18-3 of the School Code $16,000,000
For financial assistance to Local Education
Agencies for the Philip J. Rock
Center and School as provided by
Section 14-11.02 of the School Code $2,760,000
For financial assistance to Local Education
Agencies for the purpose of maintaining
an educational materials coordinating
unit as provided for by Section
14-11.01 of the School Code $1,062,000
For reimbursement to school districts
for services and materials for
programs under Section 14A-5 of
the School Code $19,695,800
For tuition of disabled children attending
schools under Section 14-7.02 of
the School Code $45,584,800
For reimbursement to school districts
for extraordinary special
HOUSE OF REPRESENTATIVES 2055
education and facilities under
Section 14-7.02a of the School Code $183,524,000
For reimbursement to school districts for
services and materials used in
programs for the use of disabled
children under Section 14-13.01
of the School Code $242,006,500
For reimbursement on a current basis
only to school districts that
provide for education of
handicapped orphans from
residential institutions as
well as foster children who
are mentally impaired or
behaviorally disordered as
provided under Section 14-7.03
of the School Code $128,500,000
For financial assistance to Local
Education Agencies with over
500,000 population to meet
the needs of those children
who come from environments
where the dominant language
is other than English under
Section 34-18.2 of the School
Code $31,833,200
For financial assistance to Local
Education Agencies with under
500,000 population to meet
the needs of those children
who come from environments
where the dominant language
is other than English under
Section 10-22.38a of the
School Code $23,718,800
For distribution to eligible recipients
for establishing and/or maintaining
educational programs for Low
Incidence Disabilities $1,500,000
For reimbursement to school districts
qualifying under Section 29-5
of the School Code for a portion
of the cost of transporting
common school pupils $172,699,000
For reimbursement to school districts for a
portion of the cost of transporting
disabled students under Section
14-13.01(b) of the School Code $150,411,000
For reimbursement to school districts and for
providing free lunch and breakfast
programs under the provision of the
School Free Lunch Program Act $18,630,000
For payment of costs of education of recipients
of Public Assistance as provided in
Section 10-22.20 of the School Code
first and then for payment of costs
as provided for in the Adult
Education Act and Section 10-22.20
of the School Code $10,068,200
For providing the loan of textbooks to students
under Section 18-17 of the School Code $24,192,100
2056 JOURNAL OF THE [March 24, 1999]
Total, General Revenue Fund $1,078,748,900
Section 25. The following named sums, or so much of
thereof as may be necessary, respectively are appropriated
from the General Revenue Fund to the State Board of Education
for Grants-In-Aid:
For grants to school districts
to hire new teachers $10,000,000
For grants associated with the
Work-Based Learning Program $839,900
For grants associated with the
Illinois Administrators Academy $623,700
For grants associated with Scientific Literacy
Programs and the Center on Scientific
Literacy $6,328,000
For grants associated with the Substance Abuse and
Violence Prevention Programs $5,250,000
For grants associated with Learning
Improvement and Quality Assurance $6,216,500
For grants associated with the Vocational
Education Technical Preparation Program $5,576,000
For reimbursement to Local Educational
Agencies as provided in Section 3-1
of the Adult Education Act and
Section 10-20.22 of the School Code $8,937,100
For reimbursement to Local Educational
Agencies for Adult Education - State
Performance under the Adult Education Act
and Section 10-20.22 of the School Code $9,000,000
For the purpose of providing funds to Local
Education Agencies for the Illinois
Governmental Student Internship Program $130,000
For distribution to eligible recipients
to assist in conducting and improving
Vocational Education Programs and
Services $47,374,500
For grants to schools associated with the
Academic Early Warning List $2,000,000
Total, this Section $102,275,700
Section 30. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
from the General Revenue Fund to the State Board of Education
for the objects and purposes named:
For operational costs to provide services
associated with the Regional Office
of Education for the City of Chicago $920,000
For funding the Illinois Teacher
of the Year Program $150,000
For operational expenses and grants
for Regional Offices of Education and
Intermediate Service Centers $12,978,000
For independent outside evaluation of
select programs operated by the Illinois
State Board of Education $200,000
For funding the Statewide Bilingual
Assessment Program $856,000
For operational costs and grants associated
with the Career Awareness
& Development Initiative $1,117,800
For costs associated with Jobs for
Illinois Graduates Program $2,800,000
For costs associated with General Education
HOUSE OF REPRESENTATIVES 2057
Development (GED) testing $210,000
For costs associated with Teacher
Framework Implementation $560,000
For costs associated with the Initiative
for National Board Certification $75,000
For funding of the Regional Offices of
Education Technology Plan $750,000
For costs associated with regional
and local Optional Education Programs
for dropouts, those at risk of dropping
out, and Alternative Education Programs
for chronic truants $17,460,000
For costs associated with establishing
and conducting the Illinois Partnership
Academies $600,000
For costs associated with funding Vocational
Education Staff Development $1,299,800
For costs associated with the Summer
Bridge Program $9,000,000
For administrative costs associated with
Learning Standards $2,213,900
For costs associated with the Parental
Involvement Campaign $0
For costs associated with the Minority
Transition Program $300,000
For funding the Golden Apple Scholars
Program $1,704,300
For the development of tests of Basic Skills
and subject matter knowledge for individuals
seeking certification and for tests of Basic
Skills for individuals currently enrolled in
education programs $1,010,500
For operational expenses of financial audits of each
Regional Office of Education in the State
as approved by Section 2-3.17a of the
School Code $531,700
For administrative cost associated with the
Work-Based Learning Program $160,100
For costs associated with the Illinois Student
Achievement Test (ISAT) $11,447,000
For costs associated with the Prairie State
Achievement Exam $4,795,000
For the development of a Consumer
Education Proficiency Test $150,000
For funding the Urban Education
Partnership Grants $1,450,000
For administrative costs associated with the
Illinois Administrators Academy $234,300
For administrative costs associated
with the Scientific Literacy and the
Center on Scientific Literacy $2,255,000
For administrative costs associated with
the Substance Abuse and Violence
Prevention Programs $250,000
For administrative costs associated
with the Learning Improvement and
Quality Assurance $2,810,000
For administrative costs associated
with the Vocational Education
Technical Preparation program $424,000
For operational expenses of administering the
2058 JOURNAL OF THE [March 24, 1999]
Early Childhood Block Grant $559,000
For funding the Illinois State Board of
Education Technology Program $892,500
For operational costs and reimbursement
to a parent or guardian under the
Transportation provisions of Section
29-5.2 of the School Code $10,120,000
For operational costs of the Residential
Services Authority for Behavior Disorders
and Severely Emotionally Disturbed
Children and Adolescents $414,000
For funding the Teachers Academy for
Math and Science in Chicago $5,500,000
For operational costs associated with
administering the Reading Improvement
Block Grant $389,500
For costs associated with the General State
Aid Education Funding Advisory Board $0
For operational costs associated with
administering the Professional
Development Block Grant $427,500
For purposes of providing liability
coverage to certificated persons in
accordance with Section 2-3.124 of the
School Code $1,000,000
For Operational Expenses for the Illinois
Purchase Care Review Board $260,000
For costs associated with the Reading Improvement
Statewide Program $2,000,000
For costs associated with Cory H. Compliance $1,000,000
For costs associated with the Regional
Offices of Education School Bus
Driver Training Programs $50,000
For costs associated with Professional
Development through the Regional
Offices of Education and Intermediate
Service Centers $1,000,000
For costs associated with the Professional
Development Program $0
For costs associated with the School Business
Consultant Program $400,000
For costs associated with the development of
Electronic Reporting Programs $0
For costs associated with administering the
Gender Equity Program $150,000
For costs associated with the development
of the Low Income Enrollment Reporting $100,000
For costs associated with Professional Development
through the Regional Office of Education
for the City of Chicago $500,000
Total, this Section $103,474,900
Section 35. The following amounts, or so much of those
amounts as may be necessary, are appropriated from the
General Revenue Fund to the State Board of Education for the
objects and purposes named:
For grants associated with the Leadership
Development Institute Program $350,000
For distribution to school districts pursuant
to the recommendations of the State Board
of Education for Hispanic Programs $500,000
For funding the Professional Development
HOUSE OF REPRESENTATIVES 2059
Block Grant, pursuant to Section 1C-2
of the School Code $25,900,000
For funding the Early Childhood Block
Grant pursuant to Section 1C-2 of
the School Code $168,612,800
For grants to school districts for Reading
Programs for teacher aides, reading
specialists, for reading and library materials
and other related programs for students
in K-6 grades and other authorized purposes
under Section 2-3.51 of the School Code $93,000,000
For grants to Local Educational Agencies to
conduct Agricultural Education Programs $2,000,000
For grants to local districts for planning
district-wide Comprehensive Arts Programs for
for students in kindergarten through
grade 6 $500,000
For grants to Regional Offices of Education to
operate Alternative Education Programs
for disruptive students pursuant to
Article 13A of the School Code $15,352,000
For distribution to school districts
who initiate free transportation
services to eligible pupils as
transportation loans authorized
in Section 29-18 of the School Code $750,000
Total, this Section $306,964,800
Section 40. The following named amounts, or so much of
that amount as may be necessary, are appropriated from the
General Revenue Fund to the State Board of Education for the
Technology for Success Program for the purpose of
implementing the use of computer technology in the classroom
as follows:
For administrative cost associated with the
Technology for Success Program $20,705,140
For grants associated with the
Technology for Success Program $33,544,860
Total this Section $54,250,000
Section 45. In addition to any amount previously or
elsewhere appropriated, the sum of $20,000,000 is
appropriated to the State Board of Education from the School
Infrastructure Fund for the purpose of depositing into the
School Technology Revolving Loan Fund.
Section 50. The following named amounts, or so much of
that amount as may be necessary, are appropriated to the
State Board of Education for the School Construction Program
as follows:
Payable from the School Infrastructure Fund:
For administrative costs associated with
the Capital Assistance Program $600,000
Payable from the School Technology Revolving
Loan Program Fund:
For the purpose of making grants pursuant
to Section 2-3.117(a) of the
School Code $50,000,000
Total, this Section $50,600,000
Section 55. The amount of $1,000,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund for deposit into the Temporary Relocation
Expenses Revolving Grant Fund for use by the State Board of
Education, as provided in Section 2-3.77 of the School Code.
2060 JOURNAL OF THE [March 24, 1999]
Section 60. The amount of $1,000,000, or so much thereof
as may be necessary, is appropriated from the Temporary
Relocation Expenses Revolving Grant Fund to the State Board
of Education as provided in Section 2-3.77 of the School
Code, to be allocated as follows:
For Loans $330,000
For Grants $670,000
Section 65. The amount of $250,000, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the State Board of Education for funding the Metro
East Consortium for Student Advocacy.
Section 70. The amount of $657,300, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for
reimbursement of expenses related to the performance of
criminal background investigations pursuant to Sections
10-21.9 and 34-18.5 of the School Code.
Section 75. The amount of $1,340,100, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for
reimbursement of expenses related to printing and
distributing school report cards pursuant to Sections 10-17a
and 34-88 of the School Code.
Section 80. The amount of $1,143,000 or so much of that
amount as may be necessary is appropriated from the State
Board of Education State Trust Fund to the State Board of
Education for expenditures by the Board in accordance with
grants which the Board has received or may receive from
private sources in support of projects that are within the
lawful powers of the board.
Section 85. The amount of $450,000, or so much of that
amount as may be necessary, is appropriated from the Teacher
Certificate Fee Revolving Fund to the State Board of
Education for costs associated with the issuing of teacher's
certificates.
Section 90. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
to the State Board of Education for the following objects and
purposes:
Payable from the Common School Fund:
For general apportionment as provided by
Section 18-8.05 of
the School Code $2,521,000,000
For the General State Aid Adjustment Grant
as provided by Section 18-8.05(N)
of the School Code $25,000,000
Payable from the General Revenue Fund:
For summer school payments as provided by
Section 18-4.3 of the School Code $4,814,800
For supplementary payments to school districts
as provided in Section 18-8.2, Section 18-8.3,
Section 18-8.5, and Section 18-8A(5)(m) of
of the School Code $3,794,000
Total, this Section $2,554,608,800
Section 95. The following amount, or so much of that
amount as may be necessary, is appropriated from the
Education Assistance Fund to the State Board of Education for
the following object and purpose:
For general apportionment as provided by
Section 18-8.05 of
the School Code $469,000,000
HOUSE OF REPRESENTATIVES 2061
Section 100. The amount of $195,500, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education per Section
18-4.4 of the School Code for Tax Equivalent Grants.
Section 105. The amount of $56,500,000, or so much of
that amount as may be necessary, is appropriated from the
General Revenue Fund to the State Board of Education to fund
block grants to school districts for school safety and
educational improvement programs pursuant to Section 2-3.51.5
of the School Code.
Section 110. The amount of $300,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for the purchase
of school bus safety control devices to be competitively
granted to school districts statewide.
Section 115. The amount of $805,000, or so much of that
amount as may be necessary, is appropriated from the School
District Emergency Financial Assistance Fund to the State
Board of Education for the emergency financial assistance
pursuant to Section 1B-8 of the School Code.
Section 120. The amount of $68,000,000, or so much of
that amount as may be necessary, is appropriated from the
General Revenue Fund to the State Board of Education for
supplementary payments to school districts under subsection
(J) of Section 18-8.05 of the School Code.
Section 125. The sum of $1,700,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for a grant to
the Electronic Long Distance Network, Inc.
Section 130. The amount of $2,000,000, or so much of
that amount as may be necessary, is appropriated from the
School Technology Revolving Fund to the State Board of
Education for funding the Statewide Educational Network.
Section 135. The sum of $175,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the State Board of Education for a grant to the
Recording for the Blind and Dyslexic for programs and
services in support of Illinois citizens with visual and
reading impairments.
Section 140. The following named amounts, or so much as
may be necessary, are appropriated to the State Board of
Education for the Charter School Program as follows:
From the General Revenue Fund:
For Grants $0
For deposit into the Charter Schools
Revolving Loan Fund $0
From the Charter Schools Revolving Loan Fund:
For Loans $0
Section 145. The amount of $24,192,100, or so much as may be
necessary and remains unexpended on June 30, 1999, from
appropriations heretofore made for such purposes in Section 20 of
Public Act 90-585, Article 13, is reappropriated from the General
Revenue Fund to the State Board of Education for providing the loan
of textbooks to Students under Section 18-17 of the School Code.
Section 150. The sum of $100,000 is appropriated from the
Private Business and Vocational Schools Fund to the State Board of
Education for administrative costs associated with the Private
Business and Vocational Schools Act.
Section 155. The sum of $50,000 is appropriated from the State
Board of Education Fund to the State Board of Education for
expenditures by the Board in accordance with fees or registration
2062 JOURNAL OF THE [March 24, 1999]
amounts the Board has received or may receive in support of projects
that are within the lawful powers of the Board.
Section 960. No part of the money appropriated by this Act shall
be distributed to any school district in which any students are
excluded from or segregated in any public schools within the meaning
of the School Code, because of race, color, or national origin.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1822. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative McKeon offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1822
AMENDMENT NO. 1. Amend House Bill 1822 as follows:
on page 1, below line 18, by inserting the following:
"Devastating insect or plant disease - An insect or plant
disease, for which a quarantine exists, that the Director determines
could have a serious and devastating effect on the nursery industry
or environment."; and
on page 4, below line 11, by inserting the following:
"IV. A fine of not less than $500 but not greater than $5,000
shall be imposed for each of the following violations related to a
devastating insect or plant disease:
A. Thwarting or hindering an inspection by misrepresenting
or concealing facts or conditions related to compliance with the
terms of the quarantine.
B. Selling, offering for sale, or distributing nursery
stock or other articles infested with devastating insects or
plant diseases in violation of the quarantine.
C. Failing to carry out the treatment or destruction of any
devastating insect or plant disease or regulated article as
required under the terms of the quarantine and in accordance with
official notification from the Director.
D. Moving any regulated article into or out of the
quarantined area unless the regulated article has been treated or
handled as provided by the requirements of the quarantine.
E. Falsifying a compliance agreement under the
quarantine.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was again held on
the order of Second Reading.
HOUSE BILL 1587. Having been read by title a second time on
March 12, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Mautino offered the following amendment and moved
its adoption:
HOUSE OF REPRESENTATIVES 2063
AMENDMENT NO. 1 TO HOUSE BILL 1587
AMENDMENT NO. 1. Amend House Bill 1587 by replacing the title
with the following:
"AN ACT to amend certain Acts in relation to workplace injuries
and diseases."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Workers' Compensation Act is amended by changing
Section 4 as follows:
(820 ILCS 305/4) (from Ch. 48, par. 138.4)
Sec. 4. (a) Any employer, including but not limited to general
contractors and their subcontractors, who shall come within the
provisions of Section 3 of this Act, and any other employer who shall
elect to provide and pay the compensation provided for in this Act
shall:
(1) File with the Commission annually an application for
approval as a self-insurer which shall include a current
financial statement, and annually, thereafter, an application for
renewal of self-insurance, which shall include a current
financial statement. Said application and financial statement
shall be signed and sworn to by the president or vice president
and secretary or assistant secretary of the employer if it be a
corporation, or by all of the partners, if it be a copartnership,
or by the owner if it be neither a copartnership nor a
corporation. All initial applications and all applications for
renewal of self-insurance must be submitted at least 60 days
prior to the requested effective date of self-insurance.
If the sworn application and financial statement of any such
employer does not satisfy the Commission of the financial ability
of the employer who has filed it, the Commission shall require
such employer to,
(2) Furnish security, indemnity or a bond guaranteeing the
payment by the employer of the compensation provided for in this
Act, provided that any such employer whose application and
financial statement shall not have satisfied the commission of
his or her financial ability and who shall have secured his
liability in part by excess liability insurance shall be required
to furnish to the Commission security, indemnity or bond
guaranteeing his or her payment up to the effective limits of the
excess coverage, or
(3) Insure his entire liability to pay such compensation in
some insurance carrier authorized, licensed, or permitted to do
such insurance business in this State. Every policy of an
insurance carrier, insuring the payment of compensation under
this Act shall cover all the employees and the entire
compensation liability of the insured: Provided, however, that
any employer may insure his or her compensation liability with 2
or more insurance carriers or may insure a part and qualify under
subsection 1, 2, or 4 for the remainder of his or her liability
to pay such compensation, subject to the following two
provisions:
Firstly, the entire compensation liability of the
employer to employees working at or from one location shall
be insured in one such insurance carrier or shall be
self-insured, and
Secondly, the employer shall submit evidence
satisfactorily to the Commission that his or her entire
liability for the compensation provided for in this Act will
be secured. Any provisions in any policy, or in any
endorsement attached thereto, attempting to limit or modify
in any way, the liability of the insurance carriers issuing
2064 JOURNAL OF THE [March 24, 1999]
the same except as otherwise provided herein shall be wholly
void.
Nothing herein contained shall apply to policies of excess
liability carriage secured by employers who have been approved by
the Commission as self-insurers, or
(4) Make some other provision, satisfactory to the
Commission, for the securing of the payment of compensation
provided for in this Act, and
(5) Upon becoming subject to this Act and thereafter as
often as the Commission may in writing demand, file with the
Commission in form prescribed by it evidence of his or her
compliance with the provision of this Section.
(a-1) Regardless of its state of domicile or its principal place
of business, an employer shall make payments to its insurance carrier
or group self-insurance fund, where applicable, based upon the
premium rates of the situs where the work or project is located in
Illinois if:
(A) the employer is engaged primarily in the building and
construction industry; and
(B) subdivision (a)(3) of this Section applies to the
employer or the employer is a member of a group self-insurance
plan as defined in subsection (1) of Section 4a.
The Industrial Commission shall impose a penalty upon an employer
for violation of this subsection (a-1) if:
(i) the employer is given an opportunity at a hearing to
present evidence of its compliance with this subsection (a-1);
and
(ii) after the hearing, the Commission finds that the
employer failed to make payments upon the premium rates of the
situs where the work or project is located in Illinois.
The penalty shall not exceed $1,000 for each day of work for
which the employer failed to make payments upon the premium rates of
the situs where the work or project is located in Illinois, but the
total penalty shall not exceed $50,000 for each project or each
contract under which the work was performed.
Any penalty under this subsection (a-1) must be imposed not later
than one year after the expiration of the applicable limitation
period specified in subsection (d) of Section 6 of this Act.
Penalties imposed under this subsection (a-1) shall be deposited
into the Industrial Commission Operations Fund, a special fund that
is created in the State treasury. Subject to appropriation, moneys
in the Fund shall be used solely for the operations of the
Industrial Commission.
(b) The sworn application and financial statement, or security,
indemnity or bond, or amount of insurance, or other provisions,
filed, furnished, carried, or made by the employer, as the case may
be, shall be subject to the approval of the Commission.
Deposits under escrow agreements shall be cash, negotiable United
States government bonds or negotiable general obligation bonds of the
State of Illinois. Such cash or bonds shall be deposited in escrow
with any State or National Bank or Trust Company having trust
authority in the State of Illinois.
Upon the approval of the sworn application and financial
statement, security, indemnity or bond or amount of insurance, filed,
furnished or carried, as the case may be, the Commission shall send
to the employer written notice of its approval thereof. The
certificate of compliance by the employer with the provisions of
subparagraphs (2) and (3) of paragraph (a) of this Section shall be
delivered by the insurance carrier to the Industrial Commission
within five days after the effective date of the policy so certified.
The insurance so certified shall cover all compensation liability
HOUSE OF REPRESENTATIVES 2065
occurring during the time that the insurance is in effect and no
further certificate need be filed in case such insurance is renewed,
extended or otherwise continued by such carrier. The insurance so
certified shall not be cancelled or in the event that such insurance
is not renewed, extended or otherwise continued, such insurance shall
not be terminated until at least 10 days after receipt by the
Industrial Commission of notice of the cancellation or termination of
said insurance; provided, however, that if the employer has secured
insurance from another insurance carrier, or has otherwise secured
the payment of compensation in accordance with this Section, and such
insurance or other security becomes effective prior to the expiration
of the 10 days, cancellation or termination may, at the option of the
insurance carrier indicated in such notice, be effective as of the
effective date of such other insurance or security.
(c) Whenever the Commission shall find that any corporation,
company, association, aggregation of individuals, reciprocal or
interinsurers exchange, or other insurer effecting workers'
compensation insurance in this State shall be insolvent, financially
unsound, or unable to fully meet all payments and liabilities assumed
or to be assumed for compensation insurance in this State, or shall
practice a policy of delay or unfairness toward employees in the
adjustment, settlement, or payment of benefits due such employees,
the Commission may after reasonable notice and hearing order and
direct that such corporation, company, association, aggregation of
individuals, reciprocal or interinsurers exchange, or insurer, shall
from and after a date fixed in such order discontinue the writing of
any such workers' compensation insurance in this State. Subject to
such modification of the order as the Commission may later make on
review of the order, as herein provided, it shall thereupon be
unlawful for any such corporation, company, association, aggregation
of individuals, reciprocal or interinsurers exchange, or insurer to
effect any workers' compensation insurance in this State. A copy of
the order shall be served upon the Director of Insurance by
registered mail. Whenever the Commission finds that any service or
adjustment company used or employed by a self-insured employer or by
an insurance carrier to process, adjust, investigate, compromise or
otherwise handle claims under this Act, has practiced or is
practicing a policy of delay or unfairness toward employees in the
adjustment, settlement or payment of benefits due such employees, the
Commission may after reasonable notice and hearing order and direct
that such service or adjustment company shall from and after a date
fixed in such order be prohibited from processing, adjusting,
investigating, compromising or otherwise handling claims under this
Act.
Whenever the Commission finds that any self-insured employer has
practiced or is practicing delay or unfairness toward employees in
the adjustment, settlement or payment of benefits due such employees,
the Commission may, after reasonable notice and hearing, order and
direct that after a date fixed in the order such self-insured
employer shall be disqualified to operate as a self-insurer and shall
be required to insure his entire liability to pay compensation in
some insurance carrier authorized, licensed and permitted to do such
insurance business in this State, as provided in subparagraph 3 of
paragraph (a) of this Section.
All orders made by the Commission under this Section shall be
subject to review by the courts, said review to be taken in the same
manner and within the same time as provided by Section 19 of this Act
for review of awards and decisions of the Commission, upon the party
seeking the review filing with the clerk of the court to which said
review is taken a bond in an amount to be fixed and approved by the
court to which the review is taken, conditioned upon the payment of
2066 JOURNAL OF THE [March 24, 1999]
all compensation awarded against the person taking said review
pending a decision thereof and further conditioned upon such other
obligations as the court may impose. Upon the review the Circuit
Court shall have power to review all questions of fact as well as of
law. The penalty hereinafter provided for in this paragraph shall
not attach and shall not begin to run until the final determination
of the order of the Commission.
(d) Upon a finding by the Commission, after reasonable notice
and hearing, of the knowing and wilful failure of an employer to
comply with any of the provisions of paragraph (a) of this Section or
the failure or refusal of an employer, service or adjustment company,
or an insurance carrier to comply with any order of the Industrial
Commission pursuant to paragraph (c) of this Section disqualifying
him or her to operate as a self insurer and requiring him or her to
insure his or her liability, the Commission may assess a civil
penalty of up to $500 per day for each day of such failure or refusal
after the effective date of this amendatory Act of 1989. Each day of
such failure or refusal shall constitute a separate offense.
Upon the failure or refusal of any employer, service or
adjustment company or insurance carrier to comply with the provisions
of this Section and with the orders of the Commission under this
Section, or the order of the court on review after final
adjudication, the Commission may bring a civil action to recover the
amount of the penalty in Cook County or in Sangamon County in which
litigation the Commission shall be represented by the Attorney
General. The Commission shall send notice of its finding of
non-compliance and assessment of the civil penalty to the Attorney
General. It shall be the duty of the Attorney General within 30 days
after receipt of the notice, to institute prosecutions and promptly
prosecute all reported violations of this Section.
(e) This Act shall not affect or disturb the continuance of any
existing insurance, mutual aid, benefit, or relief association or
department, whether maintained in whole or in part by the employer or
whether maintained by the employees, the payment of benefits of such
association or department being guaranteed by the employer or by some
person, firm or corporation for him or her: Provided, the employer
contributes to such association or department an amount not less than
the full compensation herein provided, exclusive of the cost of the
maintenance of such association or department and without any expense
to the employee. This Act shall not prevent the organization and
maintaining under the insurance laws of this State of any benefit or
insurance company for the purpose of insuring against the
compensation provided for in this Act, the expense of which is
maintained by the employer. This Act shall not prevent the
organization or maintaining under the insurance laws of this State of
any voluntary mutual aid, benefit or relief association among
employees for the payment of additional accident or sick benefits.
(f) No existing insurance, mutual aid, benefit or relief
association or department shall, by reason of anything herein
contained, be authorized to discontinue its operation without first
discharging its obligations to any and all persons carrying insurance
in the same or entitled to relief or benefits therein.
(g) Any contract, oral, written or implied, of employment
providing for relief benefit, or insurance or any other device
whereby the employee is required to pay any premium or premiums for
insurance against the compensation provided for in this Act shall be
null and void. Any employer withholding from the wages of any
employee any amount for the purpose of paying any such premium shall
be guilty of a Class B misdemeanor.
In the event the employer does not pay the compensation for which
he or she is liable, then an insurance company, association or
HOUSE OF REPRESENTATIVES 2067
insurer which may have insured such employer against such liability
shall become primarily liable to pay to the employee, his or her
personal representative or beneficiary the compensation required by
the provisions of this Act to be paid by such employer. The
insurance carrier may be made a party to the proceedings in which the
employer is a party and an award may be entered jointly against the
employer and the insurance carrier.
(h) It shall be unlawful for any employer, insurance company or
service or adjustment company to interfere with, restrain or coerce
an employee in any manner whatsoever in the exercise of the rights or
remedies granted to him or her by this Act or to discriminate,
attempt to discriminate, or threaten to discriminate against an
employee in any way because of his or her exercise of the rights or
remedies granted to him or her by this Act.
It shall be unlawful for any employer, individually or through
any insurance company or service or adjustment company, to discharge
or to threaten to discharge, or to refuse to rehire or recall to
active service in a suitable capacity an employee because of the
exercise of his or her rights or remedies granted to him or her by
this Act.
(i) If an employer elects to obtain a life insurance policy on
his employees, he may also elect to apply such benefits in
satisfaction of all or a portion of the death benefits payable under
this Act, in which case, the employer's compensation premium shall be
reduced accordingly.
(j) Within 45 days of receipt of an initial application or
application to renew self-insurance privileges the Self-Insurers
Advisory Board shall review and submit for approval by the Chairman
of the Commission recommendations of disposition of all initial
applications to self-insure and all applications to renew
self-insurance privileges filed by private self-insurers pursuant to
the provisions of this Section and Section 4a-9 of this Act. Each
private self-insurer shall submit with its initial and renewal
applications the application fee required by Section 4a-4 of this
Act.
The Chairman of the Commission shall promptly act upon all
initial applications and applications for renewal in full accordance
with the recommendations of the Board or, should the Chairman
disagree with any recommendation of disposition of the Self-Insurer's
Advisory Board, he shall within 30 days of receipt of such
recommendation provide to the Board in writing the reasons supporting
his decision. The Chairman shall also promptly notify the employer
of his decision within 15 days of receipt of the recommendation of
the Board.
If an employer is denied a renewal of self-insurance privileges
pursuant to application it shall retain said privilege for 120 days
after receipt of a notice of cancellation of the privilege from the
Chairman of the Commission.
All orders made by the Chairman under this Section shall be
subject to review by the courts, such review to be taken in the same
manner and within the same time as provided by subsection (f) of
Section 19 of this Act for review of awards and decisions of the
Commission, upon the party seeking the review filing with the clerk
of the court to which such review is taken a bond in an amount to be
fixed and approved by the court to which the review is taken,
conditioned upon the payment of all compensation awarded against the
person taking such review pending a decision thereof and further
conditioned upon such other obligations as the court may impose.
Upon the review the Circuit Court shall have power to review all
questions of fact as well as of law.
(Source: P.A. 90-109, eff. 1-1-98.)
2068 JOURNAL OF THE [March 24, 1999]
Section 10. The Workers' Occupational Diseases Act is amended by
changing Section 4 as follows:
(820 ILCS 310/4) (from Ch. 48, par. 172.39)
Sec. 4. (a) Any employer, including but not limited to general
contractors and their subcontractors, required by the terms of this
Act or by election to pay the compensation provided for in this Act
shall:
(1) File with the Commission an application for approval as
a self-insurer which shall include a current financial statement.
The application and financial statement shall be signed and sworn
to by the president or vice-president and secretary or assistant
secretary of the employer if it be a corporation, or by all of
the partners if it be a copartnership, or by the owner if it be
neither a copartnership nor a corporation.
If the sworn application and financial statement of any such
employer does not satisfy the Commission of the financial ability
of the employer who has filed it, the Commission shall require
such employer to:
(2) Furnish security, indemnity or a bond guaranteeing the
payment by the employer of the compensation provided for in this
Act, provided that any such employer who shall have secured his
or her liability in part by excess liability coverage shall be
required to furnish to the Commission security, indemnity or bond
guaranteeing his or her payment up to the amount of the effective
limits of the excess coverage in accordance with the provisions
of this paragraph, or
(3) Insure his or her entire liability to pay such
compensation in some insurance carrier authorized, licensed or
permitted to do such insurance business in this State. All
policies of such insurance carriers insuring the payment of
compensation under this Act shall cover all the employees and all
such employer's compensation liability in all cases in which the
last day of the last exposure to the occupational disease
involved is within the effective period of the policy, anything
to the contrary in the policy notwithstanding. Provided,
however, that any employer may insure his or her compensation
liability under this Act with 2 or more insurance carriers or may
insure a part and qualify under Subsection 1, 2, or 4 for the
remainder of his liability to pay such compensation, subject to
the following two provisions:
Firstly, the entire liability of the employer to
employees working at or from one location shall be insured
in one such insurance carrier or shall be self-insured.
Secondly, the employer shall submit evidence
satisfactory to the Commission that his or her entire
liability for the compensation provided for in this Act will
be secured.
Any provision in a policy or in any endorsement attached
thereto attempting to limit or modify in any way the liability of
the insurance carrier issuing the same, except as otherwise
provided herein, shall be wholly void.
The insurance or security in force to cover compensation
liability under this Act shall be separate and distinct from the
insurance or security under the "Workers' Compensation Act" and
any insurance contract covering liability under either Act need
not cover any liability under the other. Nothing herein
contained shall apply to policies of excess liability carriage
secured by employers who have been approved by the Commission as
self-insurers, or
(4) Make some other provision, satisfactory to the
Commission, for the securing of the payment of compensation
HOUSE OF REPRESENTATIVES 2069
provided for in this Act, and
(5) Upon becoming subject to this Act and thereafter as
often as the Commission may in writing demand, file with the
Commission in form prescribed by it evidence of his or her
compliance with the provision of this Section.
(a-1) Regardless of its state of domicile or its principal place
of business, an employer shall make payments to its insurance carrier
or group self-insurance fund, where applicable, based upon the
premium rates of the situs where the work or project is located in
Illinois if:
(A) the employer is engaged primarily in the building and
construction industry; and
(B) subdivision (a)(3) of this Section applies to the
employer or the employer is a member of a group self-insurance
plan as defined in subsection (1) of Section 4a.
The Industrial Commission shall impose a penalty upon an employer
for violation of this subsection (a-1) if:
(i) the employer is given an opportunity at a hearing to
present evidence of its compliance with this subsection (a-1);
and
(ii) after the hearing, the Commission finds that the
employer failed to make payments upon the premium rates of the
situs where the work or project is located in Illinois.
The penalty shall not exceed $1,000 for each day of work for
which the employer failed to make payments upon the premium rates of
the situs where the work or project is located in Illinois, but the
total penalty shall not exceed $50,000 for each project or each
contract under which the work was performed.
Any penalty under this subsection (a-1) must be imposed not later
than one year after the expiration of the applicable limitation
period specified in subsection (c) of Section 6 of this Act.
Penalties imposed under this subsection (a-1) shall be deposited into
the Industrial Commission Operations Fund created under Section 4 of
the Workers' Compensation Act.
(b) The sworn application and financial statement, or security,
indemnity or bond, or amount of insurance, or other provisions,
filed, furnished, carried, or made by the employer, as the case may
be, shall be subject to the approval of the Commission.
Deposits under escrow agreements shall be cash, negotiable United
States government bonds or negotiable general obligation bonds of the
State of Illinois. Such cash or bonds shall be deposited in escrow
with any State or National Bank or Trust Company having trust
authority in the State of Illinois.
Upon the approval of the sworn application and financial
statement, security, indemnity or bond or amount of insurance, filed,
furnished, or carried, as the case may be, the Commission shall send
to the employer written notice of its approval thereof. Said
certificate of compliance by the employer with the provisions of
subparagraphs (2) and (3) of paragraph (a) of this Section shall be
delivered by the insurance carrier to the Industrial Commission
within 5 days after the effective date of the policy so certified.
The insurance so certified shall cover all compensation liability
occurring during the time that the insurance is in effect and no
further certificate need be filed in case such insurance is renewed,
extended or otherwise continued by such carrier. The insurance so
certified shall not be cancelled or in the event that such insurance
is not renewed, extended or otherwise continued, such insurance shall
not be terminated until at least 10 days after receipt by the
Industrial Commission of notice of the cancellation or termination of
said insurance; provided, however, that if the employer has secured
insurance from another insurance carrier, or has otherwise secured
2070 JOURNAL OF THE [March 24, 1999]
the payment of compensation in accordance with this Section, and such
insurance or other security becomes effective prior to the expiration
of said 10 days, cancellation or termination may, at the option of
the insurance carrier indicated in such notice, be effective as of
the effective date of such other insurance or security.
(c) Whenever the Commission shall find that any corporation,
company, association, aggregation of individuals, reciprocal or
interinsurers exchange, or other insurer effecting workers'
occupational disease compensation insurance in this State shall be
insolvent, financially unsound, or unable to fully meet all payments
and liabilities assumed or to be assumed for compensation insurance
in this State, or shall practice a policy of delay or unfairness
toward employees in the adjustment, settlement, or payment of
benefits due such employees, the Commission may after reasonable
notice and hearing order and direct that such corporation, company,
association, aggregation of individuals, reciprocal or interinsurers
exchange, or insurer, shall from and after a date fixed in such order
discontinue the writing of any such workers' occupational disease
compensation insurance in this State. It shall thereupon be unlawful
for any such corporation, company, association, aggregation of
individuals, reciprocal or interinsurers exchange, or insurer to
effect any workers' occupational disease compensation insurance in
this State. A copy of the order shall be served upon the Director of
Insurance by registered mail. Whenever the Commission finds that any
service or adjustment company used or employed by a self-insured
employer or by an insurance carrier to process, adjust, investigate,
compromise or otherwise handle claims under this Act, has practiced
or is practicing a policy of delay or unfairness toward employees in
the adjustment, settlement or payment of benefits due such employees,
the Commission may after reasonable notice and hearing order and
direct that such service or adjustment company shall from and after a
date fixed in such order be prohibited from processing, adjusting,
investigating, compromising or otherwise handling claims under this
Act.
Whenever the Commission finds that any self-insured employer has
practiced or is practicing delay or unfairness toward employees in
the adjustment, settlement or payment of benefits due such employees,
the Commission may after reasonable notice and hearing order and
direct that after a date fixed in the order such self-insured
employer shall be disqualified to operate as a self-insurer and shall
be required to insure his entire liability to pay compensation in
some insurance carrier authorized, licensed and permitted to do such
insurance business in this State as provided in subparagraph (3) of
paragraph (a) of this Section.
All orders made by the Commission under this Section shall be
subject to review by the courts, the review to be taken in the same
manner and within the same time as provided by Section 19 of this Act
for review of awards and decisions of the Commission, upon the party
seeking the review filing with the clerk of the court to which said
review is taken a bond in an amount to be fixed and approved by the
court to which said review is taken, conditioned upon the payment of
all compensation awarded against the person taking the review pending
a decision thereof and further conditioned upon such other
obligations as the court may impose. Upon the review the Circuit
Court shall have power to review all questions of fact as well as of
law. The penalty hereinafter provided for in this paragraph shall
not attach and shall not begin to run until the final determination
of the order of the Commission.
(d) Upon a finding by the Commission, after reasonable notice
and hearing, of the knowing and wilful failure of an employer to
comply with any of the provisions of paragraph (a) of this Section or
HOUSE OF REPRESENTATIVES 2071
the failure or refusal of an employer, service or adjustment company,
or insurance carrier to comply with any order of the Industrial
Commission pursuant to paragraph (c) of this Section the Commission
may assess a civil penalty of up to $500 per day for each day of such
failure or refusal after the effective date of this amendatory Act of
1989. Each day of such failure or refusal shall constitute a
separate offense.
Upon the failure or refusal of any employer, service or
adjustment company or insurance carrier to comply with the
provisions of this Section and orders of the Commission under this
Section, or the order of the court on review after final
adjudication, the Commission may bring a civil action to recover the
amount of the penalty in Cook County or in Sangamon County in which
litigation the Commission shall be represented by the Attorney
General. The Commission shall send notice of its finding of
non-compliance and assessment of the civil penalty to the Attorney
General. It shall be the duty of the Attorney General within 30 days
after receipt of the notice, to institute prosecutions and promptly
prosecute all reported violations of this Section.
(e) This Act shall not affect or disturb the continuance of any
existing insurance, mutual aid, benefit, or relief association or
department, whether maintained in whole or in part by the employer or
whether maintained by the employees, the payment of benefits of such
association or department being guaranteed by the employer or by some
person, firm or corporation for him or her: Provided, the employer
contributes to such association or department an amount not less than
the full compensation herein provided, exclusive of the cost of the
maintenance of such association or department and without any expense
to the employee. This Act shall not prevent the organization and
maintaining under the insurance laws of this State of any benefit or
insurance company for the purpose of insuring against the
compensation provided for in this Act, the expense of which is
maintained by the employer. This Act shall not prevent the
organization or maintaining under the insurance laws of this State of
any voluntary mutual aid, benefit or relief association among
employees for the payment of additional accident or sick benefits.
(f) No existing insurance, mutual aid, benefit or relief
association or department shall, by reason of anything herein
contained, be authorized to discontinue its operation without first
discharging its obligations to any and all persons carrying insurance
in the same or entitled to relief or benefits therein.
(g) Any contract, oral, written or implied, of employment
providing for relief benefit, or insurance or any other device
whereby the employee is required to pay any premium or premiums for
insurance against the compensation provided for in this Act shall be
null and void. Any employer withholding from the wages of any
employee any amount for the purpose of paying any such premium shall
be guilty of a Class B misdemeanor.
In the event the employer does not pay the compensation for which
he or she is liable, then an insurance company, association or
insurer which may have insured such employer against such liability
shall become primarily liable to pay to the employee, his personal
representative or beneficiary the compensation required by the
provisions of this Act to be paid by such employer. The insurance
carrier may be made a party to the proceedings in which the employer
is a party and an award may be entered jointly against the employer
and the insurance carrier.
(h) It shall be unlawful for any employer, insurance company or
service or adjustment company to interfere with, restrain or coerce
an employee in any manner whatsoever in the exercise of the rights or
remedies granted to him or her by this Act or to discriminate,
2072 JOURNAL OF THE [March 24, 1999]
attempt to discriminate, or threaten to discriminate against an
employee in any way because of his exercise of the rights or remedies
granted to him by this Act.
It shall be unlawful for any employer, individually or through
any insurance company or service or adjustment company, to discharge
or to threaten to discharge, or to refuse to rehire or recall to
active service in a suitable capacity an employee because of the
exercise of his or her rights or remedies granted to him or her by
this Act.
(i) If an employer elects to obtain a life insurance policy on
his employees, he may also elect to apply such benefits in
satisfaction of all or a portion of the death benefits payable under
this Act, in which case, the employer's premium for coverage for
benefits under this Act shall be reduced accordingly.
(Source: P.A. 90-109, eff. 1-1-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1522. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hannig offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1522
AMENDMENT NO. 1. Amend House Bill 1522 by replacing the title
with the following:
"AN ACT concerning higher education, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The University of Illinois Act is amended by
changing Section 8 as follows:
(110 ILCS 305/8) (from Ch. 144, par. 29)
Sec. 8. Admissions.
(a) No student shall be admitted to instruction in any of the
departments of the University who shall not have attained to the age
of fifteen (15) years, and who shall not previously undergo a
satisfactory examination in each of the branches ordinarily taught in
the common schools of the state.
(b) In addition, commencing in the fall of 1993, no new student
shall then or thereafter be admitted to instruction in any of the
departments or colleges of the University unless such student also
has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
HOUSE OF REPRESENTATIVES 2073
vocational education or art;
(2) except that institutions may admit individual
applicants if the institution determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of the University of Illinois shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Institutions may also admit 1) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and 2) educationally disadvantaged
applicants who are admitted to the formal organized special
assistance programs that are tailored to the needs of such
students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of the 15 units of coursework
required by paragraph (1) of this subsection may be distributed
by deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(c) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (b).
(d) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-450, eff. 4-10-96.)
Section 10. The Southern Illinois University Management Act is
amended by changing Section 8e as follows:
(110 ILCS 520/8e) (from Ch. 144, par. 658e)
Sec. 8e. Admissions.
(a) Commencing in the fall of 1993, no new student shall then or
thereafter be admitted to instruction in any of the departments or
colleges of the University unless such student also has
satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that institutions may admit individual
applicants if the institution determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
2074 JOURNAL OF THE [March 24, 1999]
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Southern Illinois University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Institutions may also admit 1) applicants who did not have
an opportunity to complete the minimum college preparatory
curriculum in high school, and 2) educationally disadvantaged
applicants who are admitted to the formal organized special
assistance programs that are tailored to the needs of such
students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-450, eff. 4-10-96.)
Section 15. The Chicago State University Law is amended by
changing Section 5-85 as follows:
(110 ILCS 660/5-85)
Sec. 5-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Chicago State University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Chicago State University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Chicago State University shall not
discriminate in the University's admissions process against an
HOUSE OF REPRESENTATIVES 2075
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Chicago State University may also admit (i) applicants who
did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 20. The Eastern Illinois University Law is amended by
changing Section 10-85 as follows:
(110 ILCS 665/10-85)
Sec. 10-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Eastern Illinois University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Eastern Illinois University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Eastern Illinois University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Eastern Illinois University may also admit (i) applicants
who did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
2076 JOURNAL OF THE [March 24, 1999]
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 25. The Governors State University Law is amended by
changing Section 15-85 as follows:
(110 ILCS 670/15-85)
Sec. 15-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Governors State University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Governors State University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Governors State University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Governors State University may also admit (i) applicants
who did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
HOUSE OF REPRESENTATIVES 2077
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 30. The Illinois State University Law is amended by
changing Section 20-85 as follows:
(110 ILCS 675/20-85)
Sec. 20-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Illinois State University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Illinois State University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Illinois State University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Illinois State University may also admit (i) applicants who
did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
2078 JOURNAL OF THE [March 24, 1999]
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 35. The Northeastern Illinois University Law is amended
by changing Section 25-85 as follows:
(110 ILCS 680/25-85)
Sec. 25-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Northeastern Illinois University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Northeastern Illinois University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Northeastern Illinois University shall
not discriminate in the University's admissions process against
an applicant for admission because of the applicant's enrollment
in a charter school established under Article 27A of the School
Code. Northeastern Illinois University may also admit (i)
applicants who did not have an opportunity to complete the
minimum college preparatory curriculum in high school, and (ii)
educationally disadvantaged applicants who are admitted to the
formal organized special assistance programs that are tailored to
the needs of such students, providing that in either case, the
institution incorporates in the applicant's baccalaureate
curriculum courses or other academic activities that compensate
for course deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
HOUSE OF REPRESENTATIVES 2079
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 40. The Northern Illinois University Law is amended by
changing Section 30-85 as follows:
(110 ILCS 685/30-85)
Sec. 30-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
the departments or colleges of the Northern Illinois University
unless such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Northern Illinois University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Northern Illinois University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Northern Illinois University may also admit (i) applicants
who did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 45. The Western Illinois University Law is amended by
changing Section 35-85 as follows:
(110 ILCS 690/35-85)
Sec. 35-85. Admission requirements.
(a) No new student shall be admitted to instruction in any of
2080 JOURNAL OF THE [March 24, 1999]
the departments or colleges of the Western Illinois University unless
such student also has satisfactorily completed:
(1) at least 15 units of high school coursework from the
following 5 categories:
(A) 4 years of English (emphasizing written and oral
communications and literature), of which up to 2 years may
be collegiate level instruction;
(B) 3 years of social studies (emphasizing history and
government);
(C) 3 years of mathematics (introductory through
advanced algebra, geometry, trigonometry, or fundamentals of
computer programming);
(D) 3 years of science (laboratory sciences); and
(E) 2 years of electives in foreign language, music,
vocational education or art;
(2) except that Western Illinois University may admit
individual applicants if it determines through assessment or
through evaluation based on learning outcomes of the coursework
taken, including vocational education courses and courses taken
in a charter school established under Article 27A of the School
Code, that the applicant demonstrates knowledge and skills
substantially equivalent to the knowledge and skills expected to
be acquired in the high school courses required for admission.
The Board of Trustees of Western Illinois University shall not
discriminate in the University's admissions process against an
applicant for admission because of the applicant's enrollment in
a charter school established under Article 27A of the School
Code. Western Illinois University may also admit (i) applicants
who did not have an opportunity to complete the minimum college
preparatory curriculum in high school, and (ii) educationally
disadvantaged applicants who are admitted to the formal organized
special assistance programs that are tailored to the needs of
such students, providing that in either case, the institution
incorporates in the applicant's baccalaureate curriculum courses
or other academic activities that compensate for course
deficiencies; and
(3) except that up to 3 of 15 units of coursework required
by paragraph (1) of this subsection may be distributed by
deducting no more than one unit each from the categories of
social studies, mathematics, sciences and electives and
completing those 3 units in any of the 5 categories of coursework
described in paragraph (1).
(b) When allocating funds, local boards of education shall
recognize their obligation to their students to offer the coursework
required by subsection (a).
(c) A student who has graduated from high school and has scored
within the University's accepted range on the ACT or SAT shall not be
required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 89-4, eff. 1-1-96; 89-450, eff. 4-10-96.)
Section 50. The Public Community College Act is amended by
changing Section 3-17 as follows:
(110 ILCS 805/3-17) (from Ch. 122, par. 103-17)
Sec. 3-17. The community college districts shall admit all
students qualified to complete any one of their programs including
general education, transfer, occupational, technical, and terminal,
as long as space for effective instruction is available. After entry,
the college shall counsel and distribute the students among its
programs according to their interests and abilities. Students allowed
entry in college transfer programs must have ability and competence
similar to that possessed by students admitted to state universities
HOUSE OF REPRESENTATIVES 2081
for similar programs. Entry level competence to such college transfer
programs may be achieved through successful completion of other
preparatory courses offered by the college. If space is not available
for all students applying, the community college will accept those
best qualified, using rank in class and ability and achievement tests
as guides, and shall give preference to students residing in the
district unless the district has entered into a contractual agreement
for the mutual exchange of students with another community college
district, in which case, equal enrollment preference may be granted
to students residing in such contracting districts.
A student who has graduated from high school and has scored
within the community college's accepted range on the ACT or SAT shall
not be required to take the high school level General Educational
Development (GED) Test as a prerequisite to admission.
(Source: P.A. 78-669; 78-677; 78-1297.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1523. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Erwin offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1523
AMENDMENT NO. 1. Amend House Bill 1523 by replacing the title
with the following:
"AN ACT to amend the Governors State University Law by changing
Section 15-15."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Governors State University Law is amended by
changing Section 15-15 as follows:
(110 ILCS 670/15-15)
Sec. 15-15. Membership; terms; vacancies. The Board shall
consist of 7 voting members appointed by the Governor by and with the
advice and consent of the Senate, and, until July 1, 2001, one voting
member who is a student at Governors State University. The student
member serving on the Board on the effective date of this amendatory
Act of 1997 shall be a voting student member for the remainder of his
or her term on the Board. Beginning on July 1, 2001, and thereafter,
the student member of the Board shall be a nonvoting member. The
method of selecting the student member shall continue to be
determined by a campus-wide student referendum. The student member
shall serve a term of one year beginning on July 1 of each year,
except that the student member initially selected shall serve a term
beginning on the date of his or her selection and expiring on the
next succeeding June 30. To be eligible for selection as a student
member and to be eligible to remain as a student member of the Board,
the student member must be a resident of this State, must have and
maintain a grade point average that is equivalent to at least 2.5 on
a 4.0 scale, and must be a full time student enrolled at all times
during his or her term of office except for that part of the term
2082 JOURNAL OF THE [March 24, 1999]
which follows the completion of the last full regular semester of an
academic year and precedes the first full regular semester of the
succeeding academic year at the university (sometimes commonly
referred to as the spring/summer semester). If a student member
serving on the Board fails to continue to meet or maintain the
residency, minimum grade point average, or enrollment requirement
established by this Section, his or her membership on the Board shall
be deemed to have terminated by operation of law. Of the members
first appointed by the Governor, 4 shall be appointed for terms to
expire on the third Monday in January, 1999, and 3 shall be appointed
for terms to expire on the third Monday in January, 2001. If the
Senate is not in session on the effective date of this Article, or if
a vacancy in an appointive membership occurs at a time when the
Senate is not in session, the Governor shall make temporary
appointments until the next meeting of the Senate when he shall
nominate persons to fill such memberships for the remainder of their
respective terms. No more than 4 of the members appointed by the
Governor shall be affiliated with the same political party. Upon the
expiration of the terms of members appointed by the Governor, their
respective successors shall be appointed for terms of 6 years from
the third Monday in January of each odd-numbered year. Any members
appointed to the Board shall continue to serve in such capacity until
their successors are appointed and qualified.
(Source: P.A. 89-4, eff. 1-1-96; 90-630, eff. 7-24-98; 90-814, eff.
2-4-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 69. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Constitutional Officers, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 69
AMENDMENT NO. 1. Amend House Bill 69 as follows:
by replacing the title with the following:
"AN ACT to create the Privacy Protection Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Privacy
Protection Act.".
Floor Amendment No. 2 remained in the Committee on Rules.
Representative Rutherford offered the following amendment and
moved its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 69
AMENDMENT NO. 3. Amend House Bill 69, AS AMENDED, by replacing
the title with the following:
HOUSE OF REPRESENTATIVES 2083
"AN ACT to amend the Illinois Vehicle Code by changing Section
2-123."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 2-123 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the Secretary
may make the driver's license, vehicle and title registration lists,
in part or in whole, and any statistical information derived from
these lists available to local governments, elected state officials,
state educational institutions, public libraries and all other
governmental units of the State and Federal Government requesting
them for governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing such
services and the use of the equipment involved, and in addition is
empowered to establish prices and charges for the services so
furnished and for the use of the electronic equipment utilized.
(b) The Secretary is further empowered to and he may, in his
discretion, furnish to any applicant, other than listed in subsection
(a) of this Section, vehicle or driver data on a computer tape, disk,
or printout at a fixed fee of $200 in advance and require in addition
a further sufficient deposit based upon the Secretary of State's
estimate of the total cost of the information requested and a charge
of $20 per 1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund any
difference between the additional deposit and the actual cost of the
request. This service shall not be in lieu of an abstract of a
driver's record nor of a title or registration search. The
information sold pursuant to this subsection shall be the entire
vehicle or driver data list, or part thereof.
(c) Secretary of State may issue registration lists. The
Secretary of State shall compile and publish, at least annually, a
list of all registered vehicles. Each list of registered vehicles
shall be arranged serially according to the registration numbers
assigned to registered vehicles and shall contain in addition the
names and addresses of registered owners and a brief description of
each vehicle including the serial or other identifying number
thereof. Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes intended.
(d) The Secretary of State shall furnish no more than 2 current
available lists of such registrations to the sheriffs of all counties
and to the chiefs of police of all cities and villages and towns of
2,000 population and over in this State at no cost. Additional
copies may be purchased at the fee of $400 each or at the cost of
producing the list as determined by the Secretary of State.
(e) The Secretary of State shall upon written request and the
payment of the fee of $400 furnish the current available list of such
motor vehicle registrations to any person so long as the supply of
available registration lists shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the Secretary of
State that includes disclosure of the commercial use of the intended
purchase. Affected drivers, vehicle owners, or registrants may
request that their personally identifiable information not be used
for commercial solicitation purposes.
(e-2) The Secretary of State may not knowingly disclose or
otherwise make available to any person or entity for commercial
solicitation purposes a photograph or digitally produced and captured
image of any individual obtained by the Secretary of State's office
in connection with a motor vehicle record. "Commercial solicitation
2084 JOURNAL OF THE [March 24, 1999]
purposes" means the use of a State database to contact individuals to
advertise, offer for sale, market, or sell products or services or to
identify potential employees.
(f) Title or registration search and certification thereof -
Fee. The Secretary of State shall make a title or registration search
of the records of his office and a written report on the same for any
person, upon written application of such person, accompanied by a fee
of $4 for each registration or title search. No fee shall be charged
for a title or registration search, or for the certification thereof
requested by a government agency.
The Secretary of State shall certify a title or registration
record upon written request. The fee for certification shall be $4 in
addition to the fee required for a title or registration search.
Certification shall be made under the signature of the Secretary of
State and shall be authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or registrant
of the request for purchase of his title or registration information
as the Secretary deems appropriate.
The vehicle owner or registrant residence address and other
personally identifiable information on the record shall not be
disclosed. This nondisclosure shall not apply to requests made by
law enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile associated
businesses, other business entities for purposes consistent with the
Illinois Vehicle Code, the vehicle owner or registrant, or other
entities as the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above, except
law enforcement and government agencies upon presentation of a valid
court order of protection for the duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not apply to
requests for information made by law enforcement officials,
government agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, persons licensed as a
private detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private Security Act
of 1983, who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses, and
other business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other entities as
the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or vehicle
information shall be punishable as a petty offense, except in the
case of persons licensed as a private detective or firms licensed as
a private detective agency which shall be subject to disciplinary
sanctions under Section 22 or 25 of the Private Detective, Private
Alarm, and Private Security Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a written
request and a fee of $5, furnish to the person or agency so
requesting a driver's record. Such document may include a record
of: current driver's license issuance information, except that
the information on judicial driving permits shall be available
only as otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's license or
privilege; and notations of accident involvement. All other
information, unless otherwise permitted by this Code, shall
remain confidential.
2. The Secretary of State may certify an abstract of a
driver's record upon written request therefor. Such
certification shall be made under the signature of the Secretary
HOUSE OF REPRESENTATIVES 2085
of State and shall be authenticated by the Seal of his office.
3. All requests for driving record information shall be
made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected driver of the
request for purchase of his driver's record as the Secretary
deems appropriate.
The affected driver residence address and other personally
identifiable information on the record shall not be disclosed.
This nondisclosure shall not apply to requests made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, other business entities for purposes
consistent with the Illinois Vehicle Code, the affected driver,
or other entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the entities
listed above, except law enforcement and government agencies,
upon presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requester until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated businesses,
persons licensed as a private detective or firms licensed as a
private detective agency under the Private Detective, Private
Alarm, and Private Security Act of 1983, who are employed by or
are acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the affected
driver or other entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense, except in the
case of persons licensed as a private detective or firms licensed
as a private detective agency which shall be subject to
disciplinary sanctions under Section 22 or 25 of the Private
Detective, Private Alarm, and Private Security Act of 1983.
4. The Secretary of State may furnish without fee, upon the
written request of a law enforcement agency, any information from
a driver's record on file with the Secretary of State when such
information is required in the enforcement of this Code or any
other law relating to the operation of motor vehicles, including
records of dispositions; documented information involving the use
of a motor vehicle; whether such individual has, or previously
had, a driver's license; and the address and personal description
as reflected on said driver's record.
5. Except as otherwise provided in this Section, the
Secretary of State may furnish, without fee, information from an
individual driver's record on file, if a written request therefor
is submitted by any public transit system or authority, public
defender, law enforcement agency, a state or federal agency, or
an Illinois local intergovernmental association, if the request
is for the purpose of a background check of applicants for
employment with the requesting agency, or for the purpose of an
official investigation conducted by the agency, or to determine a
current address for the driver so public funds can be recovered
or paid to the driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of an
abstract of a driver's record, without fee, subsequent to an
arrest for a violation of Section 11-501 or a similar provision
2086 JOURNAL OF THE [March 24, 1999]
of a local ordinance. Such abstract may include records of
dispositions; documented information involving the use of a motor
vehicle as contained in the current file; whether such individual
has, or previously had, a driver's license; and the address and
personal description as reflected on said driver's record.
6. Any certified abstract issued by the Secretary of State
or transmitted electronically by the Secretary of State pursuant
to this Section, to a court or on request of a law enforcement
agency, for the record of a named person as to the status of the
person's driver's license shall be prima facie evidence of the
facts therein stated and if the name appearing in such abstract
is the same as that of a person named in an information or
warrant, such abstract shall be prima facie evidence that the
person named in such information or warrant is the same person as
the person named in such abstract and shall be admissible for any
prosecution under this Code and be admitted as proof of any prior
conviction or proof of records, notices, or orders recorded on
individual driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the Juvenile
Court Act of 1987, and upon receipt of a proper request and a fee
of $5, the Secretary of State shall provide a driver's record to
the affected driver, or the affected driver's attorney, upon
verification. Such record shall contain all the information
referred to in paragraph 1 of this subsection (g) plus: any
recorded accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph 4 of
subsection (a) of Section 6-204 of this Code. All other
information, unless otherwise permitted by this Code, shall
remain confidential.
(h) The Secretary shall not disclose social security numbers
except pursuant to a written request by, or with the prior written
consent of, the individual except to: (1) to officers and employees
of the Secretary who have a need to know the social security numbers
in performance of their official duties, (2) to law enforcement
officials for a lawful, civil or criminal law enforcement
investigation, and if the head of the law enforcement agency has made
a written request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being sought,
(3) to the United States Department of Transportation, or any other
State, pursuant to the administration and enforcement of the
Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to the
order of a court of competent jurisdiction, or (5) to the Department
of Public Aid for utilization in the child support enforcement duties
assigned to that Department under provisions of the Public Aid Code
after the individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with the
federal Privacy Act; provided, the redisclosure shall not be
authorized by the Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate rules and
regulations to effectuate this Section.
(j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. No confidential
information may be open to public inspection or the contents
disclosed to anyone, except officers and employees of the Secretary
who have a need to know the information contained in the medical
reports and the Driver License Medical Advisory Board, unless so
directed by an order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid into the
Road Fund of the State Treasury, except that $3 of the $5 fee for a
driver's record shall be paid into the Secretary of State Special
Services Fund.
HOUSE OF REPRESENTATIVES 2087
(l) The Secretary of State shall report his recommendations to
the General Assembly by January 1, 1993, regarding the sale and
dissemination of the information maintained by the Secretary,
including the sale of lists of driver and vehicle records.
(m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to damage to
a vehicle or other property being transported by a tow truck. This
information shall remain confidential, provided that nothing in this
subsection (m) shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished without
charge or at a reduced charge, as determined by the Secretary, when
the specific purpose for requesting the documents is deemed to be in
the public interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access and
disseminate information regarding the health, safety, and welfare or
the legal rights of the general public and is not for the principal
purpose of gaining a personal or commercial benefit.
(Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97; 90-330, eff.
8-8-97; 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; revised 1-30-99.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 3 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 881. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Winkel offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 881
AMENDMENT NO. 1. Amend House Bill 881, by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by changing Section
9-3."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Section 9-3 as follows:
(720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
(a) A person who unintentionally kills an individual without
lawful justification commits involuntary manslaughter if his acts
whether lawful or unlawful which cause the death are such as are
likely to cause death or great bodily harm to some individual, and he
performs them recklessly, except in cases in which the cause of the
death consists of the driving of a motor vehicle, in which case the
person commits reckless homicide.
(b) In cases involving reckless homicide, being under the
influence of alcohol or any other drug or drugs at the time of the
alleged violation shall be presumed to be evidence of a reckless act
unless disproved by evidence to the contrary.
(b-5) In cases involving reckless homicide, operation of a motor
2088 JOURNAL OF THE [March 24, 1999]
vehicle that results in a collision with a railroad train or a
violation of Section 11-1201 of the Illinois Vehicle Code shall be
presumed to be evidence of a reckless act unless disproved by
evidence to the contrary.
(c) For the purposes of this Section, a person shall be
considered to be under the influence of alcohol or other drugs while:
1. The alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2 of the Illinois Vehicle Code;
2. Under the influence of alcohol to a degree that renders
the person incapable of safely driving;
3. Under the influence of any other drug or combination of
drugs to a degree that renders the person incapable of safely
driving; or
4. Under the combined influence of alcohol and any other
drug or drugs to a degree which renders the person incapable of
safely driving.
(d) Sentence.
(1) Involuntary manslaughter is a Class 3 felony.
(2) Reckless homicide is a Class 3 felony.
(e) In cases involving reckless homicide in which the defendant
was determined to have been under the influence of alcohol or any
other drug or drugs as an element of the offense, or in cases in
which the defendant is proven beyond a reasonable doubt to have been
under the influence of alcohol or any other drug or drugs, the
penalty shall be a Class 2 felony, for which a person, if sentenced
to a term of imprisonment, shall be sentenced to a term of not less
than 3 years and not more than 14 years.
(e-5) In cases involving reckless homicide in which 2 or more
persons are killed as the result of a collision between a motor
vehicle and a railroad train, the penalty is a Class 2 felony.
(f) In cases involving involuntary manslaughter in which the
victim was a family or household member as defined in paragraph (3)
of Section 112A-3 of the Code of Criminal Procedure of 1963, the
penalty shall be a Class 2 felony, for which a person if sentenced to
a term of imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
(Source: P.A. 90-43, eff. 7-2-97; 90-119, eff. 1-1-98; 90-655, eff.
7-30-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1237. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hannig offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1237
AMENDMENT NO. 1. Amend House Bill 1237 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by adding Section
12-821."; and
by replacing everything after the enacting clause with the following:
HOUSE OF REPRESENTATIVES 2089
"Section 5. The Illinois Vehicle Code is amended by adding
Section 12-821 as follows:
(625 ILCS 5/12-821 new)
Sec. 12-821. Transportation of students; compliance with the
Code and federal regulations. A motor vehicle for hire that
regularly provides transportation of persons enrolled as students in
grade 12 or below to or from a public or private school shall meet or
exceed all safety requirements of this Code and all applicable
federal safety regulations concerning school bus safety. This shall
include a motor vehicle of a municipality or a common carrier
authorized to conduct local or interurban transportation of
passengers on a regularly scheduled route for a fare if the motor
vehicle is engaged in the transportation of students in grade 12 or
below to or from a public or private school.
It is the duty of the school district to ensure that any bus
provider that regularly provides transportation of persons enrolled
as students in grade 12 or below to or from a school in that school
district shall comply with all of the safety requirements of this
Code and all applicable federal safety regulation concerning school
bus safety.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 306. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Leitch offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 306
AMENDMENT NO. 1. Amend House Bill 306 by replacing the title
with the following:
"AN ACT to amend the Industrial Jobs Recovery Law in the Illinois
Municipal Code.": and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by changing
Sections 11-74.6-10, 11-74.6-15, 11-74.6-18, 11-74.6-20, 11-74.6-22,
11-74.6-30, 11-74.6-35 and 11-74.6-45 as follows:
(65 ILCS 5/11-74.6-10)
Sec. 11-74.6-10. Definitions.
(a) "Environmentally contaminated area" means any improved or
vacant area within the boundaries of a redevelopment project area
located within the corporate limits of a municipality when, (i) there
has been a determination of release or substantial threat of release
of a hazardous substance or pesticide, by the United States
Environmental Protection Agency or the Illinois Environmental
Protection Agency, or the Illinois Pollution Control Board, or any
court, or a release or substantial threat of release which is
addressed as part of the Pre-Notice Site Cleanup Program under
Section 22.2(m) of the Illinois Environmental Protection Act, or a
release or substantial threat of release of petroleum under Section
22.12 of the Illinois Environmental Protection Act, and (ii) which
release or threat of release presents an imminent and substantial
danger to public health or welfare or presents a significant threat
2090 JOURNAL OF THE [March 24, 1999]
to public health or the environment, and (iii) which release or
threat of release would have a significant impact on the cost of
redeveloping the area.
(b) "Department" means the Department of Commerce and Community
Affairs.
(c) "Industrial park" means an area in a redevelopment project
area suitable for use by any manufacturing, industrial, research, or
transportation enterprise, of facilities, including but not limited
to factories, mills, processing plants, assembly plants, packing
plants, fabricating plants, distribution centers, warehouses, repair
overhaul or service facilities, freight terminals, research
facilities, test facilities or railroad facilities. An industrial
park may contain space for commercial and other use as long as the
expected principal use of the park is industrial and is reasonably
expected to result in the creation of a significant number of new
permanent full time jobs. An industrial park may also contain
related operations and facilities including, but not limited to,
business and office support services such as centralized computers,
telecommunications, publishing, accounting, photocopying and similar
activities and employee services such as child care, health care,
food service and similar activities. An industrial park may also
include demonstration projects, prototype development, specialized
training on developing technology, and pure research in any field
related or adaptable to business and industry.
(d) "Research park" means an area in a redevelopment project
area suitable for development of a facility or complex that includes
research laboratories and related operations. These related
operations may include, but are not limited to, business and office
support services such as centralized computers, telecommunications,
publishing, accounting, photocopying and similar activities, and
employee services such as child care, health care, food service and
similar activities. A research park may include demonstration
projects, prototype development, specialized training on developing
technology, and pure research in any field related or adaptable to
business and industry.
(e) "Industrial park conservation area" means an area within the
boundaries of a redevelopment project area located within the
corporate limits of a municipality or within 1 1/2 miles of the
corporate limits of a municipality if the area is to be annexed to
the municipality, if the area is zoned as industrial no later than
the date on which the municipality by ordinance designates the
redevelopment project area, and if the area includes improved or
vacant land suitable for use as an industrial park or a research
park, or both. To be designated as an industrial park conservation
area, the area shall also satisfy one of the following standards:
(1) Standard One: The municipality must be a labor surplus
municipality and the area must be served by adequate public and
or road transportation for access by the unemployed and for the
movement of goods or materials and the redevelopment project area
shall contain no more than 2% of the most recently ascertained
equalized assessed value of all taxable real properties within
the corporate limits of the municipality after adjustment for all
annexations associated with the establishment of the
redevelopment project area or be located in the vicinity of a
waste disposal site or other waste facility. The project plan
shall include a plan for and shall establish a marketing program
to attract appropriate businesses to the proposed industrial park
conservation area and shall include an adequate plan for
financing and construction of the necessary infrastructure. No
redevelopment projects may be authorized by the municipality
under Standard One of subsection (e) of this Section unless the
HOUSE OF REPRESENTATIVES 2091
project plan also provides for an employment training project
that would prepare unemployed workers for work in the industrial
park conservation area, and the project has been approved by
official action of or is to be operated by the local community
college district, public school district or state or locally
designated private industry council or successor agency, or
(2) Standard Two: The municipality must be a substantial
labor surplus municipality and the area must be served by
adequate public and or road transportation for access by the
unemployed and for the movement of goods or materials and the
redevelopment project area shall contain no more than 2% of the
most recently ascertained equalized assessed value of all taxable
real properties within the corporate limits of the municipality
after adjustment for all annexations associated with the
establishment of the redevelopment project area. No redevelopment
projects may be authorized by the municipality under Standard Two
of subsection (e) of this Section unless the project plan also
provides for an employment training project that would prepare
unemployed workers for work in the industrial park conservation
area, and the project has been approved by official action of or
is to be operated by the local community college district, public
school district or state or locally designated private industry
council or successor agency.
(f) "Vacant industrial buildings conservation area" means an
area containing one or more industrial buildings located within the
corporate limits of the municipality that has been zoned industrial
for at least 5 years before the designation of that area as a
redevelopment project area by the municipality and is planned for
reuse principally for industrial purposes. For the area to be
designated as a vacant industrial buildings conservation area, the
area shall also satisfy one of the following standards:
(1) Standard One: The area shall consist of one or more
industrial buildings totaling at least 50,000 net square feet of
industrial space, with a majority of the total area of all the
buildings having been vacant for at least 18 months; and (A) the
area is located in a labor surplus municipality or a substantial
labor surplus municipality, or (B) the equalized assessed value
of the properties within the area during the last 2 years is at
least 25% lower than the maximum equalized assessed value of
those properties during the immediately preceding 10 years.
(2) Standard Two: The area exclusively consists of
industrial buildings or a building complex operated by a user or
related users (A) that has within the immediately preceding 5
years either (i) employed 200 or more employees at that location,
or (ii) if the area is located in a municipality with a
population of 12,000 or less, employed more than 50 employees at
that location and (B) either is currently vacant, or the owner
has: (i) directly notified the municipality of the user's
intention to terminate operations at the facility or (ii) filed a
notice of closure under the Worker Adjustment and Retraining
Notification Act.
(g) "Labor surplus municipality" means a municipality in which,
during the 4 calendar years immediately preceding the date the
municipality by ordinance designates an industrial park conservation
area, the average unemployment rate was 1% or more over the State
national average unemployment rate for that same period of time as
published in the United States Department of Labor Bureau of Labor
Statistics publication entitled "The Employment Situation" or its
successor publication. For the purpose of this subsection (g), if
unemployment rate statistics for the municipality are not available,
the unemployment rate in the municipality shall be deemed to be: (i)
2092 JOURNAL OF THE [March 24, 1999]
for a municipality that is not in an urban county, the same as the
unemployment rate in the principal county where the municipality is
located or (ii) for a municipality in an urban county at that
municipality's option, either the unemployment rate certified for the
municipality by the Department after consultation with the Illinois
Department of Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the most
recent federal census if that census was not dated more than 5 years
prior to the date on which the determination is made.
(h) "Substantial labor surplus municipality" means a
municipality in which, during the 5 calendar years immediately
preceding the date the municipality by ordinance designates an
industrial park conservation area, the average unemployment rate was
2% or more over the State national average unemployment rate for that
same period of time as published in the United States Department of
Labor Statistics publication entitled "The Employment Situation" or
its successor publication. For the purpose of this subsection (h), if
unemployment rate statistics for the municipality are not available,
the unemployment rate in the municipality shall be deemed to be: (i)
for a municipality that is not in an urban county, the same as the
unemployment rate in the principal county in which the municipality
is located; or (ii) for a municipality in an urban county, at that
municipality's option, either the unemployment rate certified for the
municipality by the Department after consultation with the Illinois
Department of Labor or the federal Bureau of Labor Statistics, or the
unemployment rate of the municipality as determined by the most
recent federal census if that census was not dated more than 5 years
prior to the date on which the determination is made.
(i) "Municipality" means a city, village or incorporated town.
(j) "Obligations" means bonds, loans, debentures, notes, special
certificates or other evidence of indebtedness issued by the
municipality to carry out a redevelopment project or to refund
outstanding obligations.
(k) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area derived
from real property that has been acquired by a municipality, which
according to the redevelopment project or plan are to be used for a
private use, that taxing districts would have received had a
municipality not acquired the real property and adopted tax increment
allocation financing and that would result from levies made after the
time of the adoption of tax increment allocation financing until the
time the current equalized assessed value of real property in the
redevelopment project area exceeds the total initial equalized
assessed value of real property in that area.
(l) "Redevelopment plan" means the comprehensive program of the
municipality for development or redevelopment intended by the payment
of redevelopment project costs to reduce or eliminate the conditions
that qualified the redevelopment project area or redevelopment
planning area, or both, as an environmentally contaminated area or
industrial park conservation area, or vacant industrial buildings
conservation area, or combination thereof, and thereby to enhance the
tax bases of the taxing districts that extend into the redevelopment
project area or redevelopment planning area. On and after the
effective date of this amendatory Act of the 91st General Assembly,
no redevelopment plan may be approved or amended to include the
development of vacant land (i) with a golf course and related
clubhouse and other facilities or (ii) designated by federal, State,
county, or municipal government as public land for outdoor
recreational activities or for nature preserves and used for that
purpose within 5 years prior to the adoption of the redevelopment
plan. For the purpose of this subsection, "recreational activities"
HOUSE OF REPRESENTATIVES 2093
is limited to mean camping and hunting. Each redevelopment plan must
set forth in writing the bases for the municipal findings required in
this subsection, the program to be undertaken to accomplish the
objectives, including but not limited to: (1) an itemized list of
estimated redevelopment project costs, (2) evidence indicating that
the redevelopment project area or the redevelopment planning area, or
both, on the whole has not been subject to growth and development
through investment by private enterprise, (3) (i) in the case of an
environmentally contaminated area, industrial park conservation area,
or a vacant industrial buildings conservation area classified under
either Standard One, or Standard Two of subsection (f) where the
building is currently vacant, evidence that implementation of the
redevelopment plan is reasonably expected to create a significant
number of permanent full time jobs, (ii) in the case of a vacant
industrial buildings conservation area classified under Standard Two
(B)(i) or (ii) of subsection (f), evidence that implementation of the
redevelopment plan is reasonably expected to retain a significant
number of existing permanent full time jobs, and (iii) in the case of
a combination of an environmentally contaminated area, industrial
park conservation area, or vacant industrial buildings conservation
area, evidence that the standards concerning the creation or
retention of jobs for each area set forth in (i) or (ii) above are
met, (4) an assessment of the any financial impact of the
redevelopment project area or the redevelopment planning area, or
both, on the overlapping taxing bodies or any increased demand for
services from any taxing district affected by the plan and any
program to address such financial impact or increased demand, (5) the
sources of funds to pay costs, (6) the nature and term of the
obligations to be issued, (7) the most recent equalized assessed
valuation of the redevelopment project area or the redevelopment
planning area, or both, (8) an estimate of the equalized assessed
valuation after redevelopment and the general land uses that are
applied in the redevelopment project area or the redevelopment
planning area, or both, (9) a commitment to fair employment practices
and an affirmative action plan, (10) if it includes an industrial
park conservation area, the following: (i) a general description of
any proposed developer, (ii) user and tenant of any property, (iii) a
description of the type, structure and general character of the
facilities to be developed, and (iv) a description of the type, class
and number of new employees to be employed in the operation of the
facilities to be developed, (11) if it includes an environmentally
contaminated area, the following: either (i) a determination of
release or substantial threat of release of a hazardous substance or
pesticide or of petroleum by the United States Environmental
Protection Agency or the Illinois Environmental Protection Agency, or
the Illinois Pollution Control Board or any court; or (ii) both an
environmental audit report by a nationally recognized independent
environmental auditor having a reputation for expertise in these
matters and a copy of the signed Review and Evaluation Services
Agreement indicating acceptance of the site by the Illinois
Environmental Protection Agency into the Pre-Notice Site Cleanup
Program, (12) if it includes a vacant industrial buildings
conservation area, the following: (i) a general description of any
proposed developer, (ii) user and tenant of any building or
buildings, (iii) a description of the type, structure and general
character of the building or buildings to be developed, and (iv) a
description of the type, class and number of new employees to be
employed or existing employees to be retained in the operation of the
building or buildings to be redeveloped, and (13) if property is to
be annexed to the municipality, the terms of the annexation
agreement.
2094 JOURNAL OF THE [March 24, 1999]
No redevelopment plan shall be adopted by a municipality without
findings that:
(1) the redevelopment project area or redevelopment
planning area, or both, on the whole has not been subject to
growth and development through investment by private enterprise
and would not reasonably be anticipated to be developed in
accordance with public goals stated in the redevelopment plan
without the adoption of the redevelopment plan;
(2) the redevelopment plan and project conform to the
comprehensive plan for the development of the municipality as a
whole, or, for municipalities with a population of 100,000 or
more, regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i) conforms
to the strategic economic development or redevelopment plan
issued by the designated planning authority of the municipality
or (ii) includes land uses that have been approved by the
planning commission of the municipality;
(3) that the redevelopment plan is reasonably expected to
create or retain a significant number of permanent full time jobs
as set forth in paragraph (3) of subsection (l) above;
(4) the estimated date of completion of the redevelopment
project and retirement of obligations incurred to finance
redevelopment project costs is not later than December 31 of the
year in which the payment to the municipal treasurer as provided
in subsection (b) of Section 11-74.6-35 is to be made with
respect to ad valorem taxes levied in the twenty-third calendar
year after the year in which the ordinance approving the
redevelopment project area is adopted; a municipality may by
municipal ordinance amend an existing redevelopment plan to
conform to this paragraph (4) as amended by this amendatory Act
of the 91st General Assembly concerning ordinances adopted on or
after January 15, 1981, which municipal ordinance may be adopted
without further hearing or notice and without complying with the
procedures provided in this Law pertaining to an amendment to or
the initial approval of a redevelopment plan and project and
designation of a redevelopment project area more than 23 years
from the adoption of the ordinance approving the project;
(5) in the case of an industrial park conservation area,
that the municipality is a labor surplus municipality or a
substantial labor surplus municipality and that the
implementation of the redevelopment plan is reasonably expected
to create a significant number of permanent full time new jobs
and, by the provision of new facilities, significantly enhance
the tax base of the taxing districts that extend into the
redevelopment project area;
(6) in the case of an environmentally contaminated area,
that the area is subject to a release or substantial threat of
release of a hazardous substance, pesticide or petroleum which
presents an imminent and substantial danger to public health or
welfare or presents a significant threat to public health or
environment, that such release or threat of release will have a
significant impact on the cost of redeveloping the area, that the
implementation of the redevelopment plan is reasonably expected
to result in the area being redeveloped, the tax base of the
affected taxing districts being significantly enhanced thereby,
and the creation of a significant number of permanent full time
jobs; and
(7) in the case use of a vacant industrial buildings
conservation area, that the area is located within the corporate
limits of a municipality that has been zoned industrial for at
least 5 years before its designation as a project redeveloped
HOUSE OF REPRESENTATIVES 2095
area, that it contains one or more industrial buildings, and
whether the area has been designated under Standard One or
Standard Two of subsection (f) and the basis for that
designation.
(m) "Redevelopment project" means any public or private
development project in furtherance of the objectives of a
redevelopment plan. On and after the effective date of this
amendatory Act of the 91st General Assembly, no redevelopment plan
may be approved or amended to include the development of vacant land
(i) with a golf course and related clubhouse and other facilities or
(ii) designated by federal, State, county, or municipal government as
public land for outdoor recreational activities or for nature
preserves and used for that purpose within 5 years prior to the
adoption of the redevelopment plan. For the purpose of this
subsection, "recreational activities" is limited to mean camping and
hunting.
(n) "Redevelopment project area" means a contiguous area
designated by the municipality that is not less in the aggregate than
1 1/2 acres, and for which the municipality has made a finding that
there exist conditions that cause the area to be classified as an
industrial park conservation area, a vacant industrial building
conservation area, an environmentally contaminated area or a
combination of these types of areas.
(o) "Redevelopment project costs" means the sum total of all
reasonable or necessary costs incurred or estimated to be incurred by
the municipality, and any of those costs incidental to a
redevelopment plan and a redevelopment project. These costs include,
without limitation, the following:
(1) Costs of studies, surveys, development of plans, and
specifications, implementation and administration of the
redevelopment plan, staff and professional service costs for
architectural, engineering, legal, marketing, financial,
planning, or other services, but no charges for professional
services may be based on a percentage of the tax increment
collected; except that on and after the effective date of this
amendatory Act of the 91st General Assembly, no contracts for
professional services, excluding architectural and engineering
services, may be entered into if the terms of the contract extend
beyond a period of 3 years. In addition, "redevelopment project
costs" shall not include lobbying expenses. After consultation
with the municipality, each tax increment consultant or advisor
to a municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality in
writing of any contracts that the consultant or advisor has
entered into with entities or individuals that have received, or
are receiving, payments financed by tax increment revenues
produced by the redevelopment project area with respect to which
the consultant or advisor has performed, or will be performing,
service for the municipality. This requirement shall be
satisfied by the consultant or advisor before the commencement of
services for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed by the
consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs shall
not include general overhead or administrative costs of the
municipality that would still have been incurred by the
municipality if the municipality had not designated a
redevelopment project area or approved a redevelopment plan;
(1.6) The cost of marketing sites within the redevelopment
project area to prospective businesses, developers, and
investors.
2096 JOURNAL OF THE [March 24, 1999]
(2) Property assembly costs within a redevelopment project
area, including but not limited to acquisition of land and other
real or personal property or rights or interests therein.
(3) Site preparation costs, including but not limited to
clearance of any area within a redevelopment project area by
demolition or removal of any existing buildings, structures,
fixtures, utilities and improvements and clearing and grading;
and including installation, repair, construction, reconstruction,
or relocation of public streets, public utilities, and other
public site improvements within or without a redevelopment
project area which are essential to the preparation of the
redevelopment project area for use in accordance with a
redevelopment plan.
(4) Costs of renovation, rehabilitation, reconstruction,
relocation, repair or remodeling of any existing public or
private buildings, improvements, and fixtures within a
redevelopment project area; and the cost of replacing an existing
public building if pursuant to the implementation of a
redevelopment project the existing public building is to be
demolished to use the site for private investment or devoted to a
different use requiring private investment.
(5) Costs of construction within a redevelopment project
area of public improvements, including but not limited to,
buildings, structures, works, utilities or fixtures, except that
on and after the effective date of this amendatory Act of the
91st General Assembly, redevelopment project costs shall not
include the cost of constructing a new municipal public building
principally used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel and that
is not intended to replace an existing public building as
provided under paragraph (4) unless either (i) the construction
of the new municipal building implements a redevelopment project
that was included in a redevelopment plan that was adopted by the
municipality prior to the effective date of this amendatory Act
of the 91st General Assembly or (ii) the municipality makes a
reasonable determination in the redevelopment plan, supported by
information that provides the basis for that determination, that
the new municipal building is required to meet an increase in the
need for public safety purposes anticipated to result from the
implementation of the redevelopment plan.
(6) Costs of eliminating or removing contaminants and other
impediments required by federal or State environmental laws,
rules, regulations, and guidelines, orders or other requirements
or those imposed by private lending institutions as a condition
for approval of their financial support, debt or equity, for the
redevelopment projects, provided, however, that in the event (i)
other federal or State funds have been certified by an
administrative agency as adequate to pay these costs during the
18 months after the adoption of the redevelopment plan, or (ii)
the municipality has been reimbursed for such costs by persons
legally responsible for them, such federal, State, or private
funds shall, insofar as possible, be fully expended prior to the
use of any revenues deposited in the special tax allocation fund
of the municipality and any other such federal, State or private
funds received shall be deposited in the fund. The municipality
shall seek reimbursement of these costs from persons legally
responsible for these costs and the costs of obtaining this
reimbursement.
(7) Costs of job training and retraining projects.
(8) Financing costs, including but not limited to all
HOUSE OF REPRESENTATIVES 2097
necessary and incidental expenses related to the issuance of
obligations and which may include payment of interest on any
obligations issued under this Act including interest accruing
during the estimated period of construction of any redevelopment
project for which the obligations are issued and for not
exceeding 36 months thereafter and including reasonable reserves
related to those costs.
(9) All or a portion of a taxing district's capital costs
resulting from the redevelopment project necessarily incurred or
to be incurred in furtherance of the objectives of the
redevelopment plan and project, to the extent the municipality by
written agreement accepts and approves those costs.
(10) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is required to
make payment of relocation costs by federal or State law.
(11) Payments in lieu of taxes.
(12) Costs of job training, retraining, advanced vocational
education or career education, including but not limited to
courses in occupational, semi-technical or technical fields
leading directly to employment, incurred by one or more taxing
districts, if those costs are: (i) related to the establishment
and maintenance of additional job training, advanced vocational
education or career education programs for persons employed or to
be employed by employers located in a redevelopment project area;
and (ii) are incurred by a taxing district or taxing districts
other than the municipality and are set forth in a written
agreement by or among the municipality and the taxing district or
taxing districts, which agreement describes the program to be
undertaken, including but not limited to the number of employees
to be trained, a description of the training and services to be
provided, the number and type of positions available or to be
available, itemized costs of the program and sources of funds to
pay for the same, and the term of the agreement. These costs
include, specifically, the payment by community college districts
of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the Public
Community College Act and by school districts of costs under
Sections 10-22.20a and 10-23.3a of the School Code.
(13) The interest costs incurred by redevelopers or other
nongovernmental persons in connection with a redevelopment
project, and specifically including payments to redevelopers or
other nongovernmental persons as reimbursement for such costs
incurred by such redeveloper or other nongovernmental person,
provided that:
(A) interest costs shall be paid or reimbursed by a
municipality only pursuant to the prior official action of
the municipality evidencing an intent to pay or reimburse
such interest costs;
(B) such payments in any one year may not exceed 30%
of the annual interest costs incurred by the redeveloper
with regard to the redevelopment project during that year;
(C) except as provided in subparagraph (E), the
aggregate amount of such costs paid or reimbursed by a
municipality shall not exceed 30% of the total (i) costs
paid or incurred by the redeveloper or other nongovernmental
person in that year plus (ii) redevelopment project costs
excluding any property assembly costs and any relocation
costs incurred by a municipality pursuant to this Act;
(D) interest costs shall be paid or reimbursed by a
municipality solely from the special tax allocation fund
established pursuant to this Act and shall not be paid or
reimbursed from the proceeds of any obligations issued by a
2098 JOURNAL OF THE [March 24, 1999]
municipality;
(E) if there are not sufficient funds available in the
special tax allocation fund in any year to make such payment
or reimbursement in full, any amount of such interest cost
remaining to be paid or reimbursed by a municipality shall
accrue and be payable when funds are available in the
special tax allocation fund to make such payment.
(14) The costs of construction of new privately owned
buildings shall not be an eligible redevelopment project cost.
If a special service area has been established under the Special
Service Area Tax Act, then any tax increment revenues derived from
the tax imposed thereunder to the Special Service Area Tax Act may be
used within the redevelopment project area for the purposes permitted
by that Act as well as the purposes permitted by this Act.
(p) "Redevelopment Planning Area" means an area so designated by
a municipality after the municipality has complied with all the
findings and procedures required to establish a redevelopment project
area, including the existence of conditions that qualify the area as
an industrial park conservation area, or an environmentally
contaminated area, or a vacant industrial buildings conservation
area, or a combination of these types of areas, and adopted a
redevelopment plan and project for the planning area and its included
redevelopment project areas. The area shall not be designated as a
redevelopment planning area for more than 5 years. At any time in
the 5 years following that designation of the redevelopment planning
area, the municipality may designate the redevelopment planning area,
or any portion of the redevelopment planning area, as a redevelopment
project area without making additional findings or complying with
additional procedures required for the creation of a redevelopment
project area. An amendment of a redevelopment plan and project in
accordance with the findings and procedures of this Act after the
designation of a redevelopment planning area at any time within the 5
years after the designation of the redevelopment planning area shall
not require new qualification of findings for the redevelopment
project area to be designated within the redevelopment planning area.
The terms "redevelopment plan", "redevelopment project", and
"redevelopment project area" have the definitions set out in
subsections (l), (m), and (n), respectively.
(q) "Taxing districts" means counties, townships,
municipalities, and school, road, park, sanitary, mosquito abatement,
forest preserve, public health, fire protection, river conservancy,
tuberculosis sanitarium and any other municipal corporations or
districts with the power to levy taxes.
(r) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and a direct result
of the redevelopment project.
(s) "Urban county" means a county with 240,000 or more
inhabitants.
(t) "Vacant area", as used in subsection (a) of this Section,
means any parcel or combination of parcels of real property without
industrial, commercial and residential buildings that has not been
used for commercial agricultural purposes within 5 years before the
designation of the redevelopment project area, unless that parcel is
included in an industrial park conservation area.
(Source: P.A. 90-655, eff. 7-30-98.)
(65 ILCS 5/11-74.6-15)
Sec. 11-74.6-15. Municipal Powers and Duties. A municipality
may:
(a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the final adjournment of the
HOUSE OF REPRESENTATIVES 2099
hearing specified in Section 11-74.6-22, approve redevelopment plans
and redevelopment projects, and designate redevelopment planning
areas and redevelopment project areas pursuant to notice and hearing
required by this Act. No redevelopment planning area or
redevelopment project area shall be designated unless a plan and
project are approved before the designation of the area and the area
shall include only those parcels of real property and improvements on
those parcels substantially benefited by the proposed redevelopment
project improvements. Upon adoption of the ordinances, the
municipality shall forthwith transmit to the county clerk of the
county or counties within which the redevelopment project area is
located a certified copy of the ordinances, a legal description of
the redevelopment project area, a map of the redevelopment project
area, identification of the year that the county clerk shall use for
determining the total initial equalized assessed value of the
redevelopment project area consistent with subsection (a) of Section
11-74.6-40, and a list of the parcel or tax identification number of
each parcel of property included in the redevelopment project area.
(b) Make and enter into all contracts necessary or incidental to
the implementation and furtherance of its redevelopment plan and
project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and
options with respect to that property, all in the manner and at a
price that the municipality determines is reasonably necessary to
achieve the objectives of the redevelopment plan and project. No
conveyance, lease, mortgage, disposition of land or other property
owned by a municipality, or agreement relating to the development of
the municipal property shall be made or executed except pursuant to
prior official action of the corporate authorities of the
municipality. No conveyance, lease, mortgage, or other disposition
of land owned by a municipality, and no agreement relating to the
development of the municipal property, shall be made without making
public disclosure of the terms and the disposition of all bids and
proposals submitted to the municipality in connection therewith. The
procedures for obtaining the bids and proposals shall provide
reasonable opportunity for any person to submit alternative proposals
or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings, structures,
fixtures, utilities or improvements, and to clear and grade land.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building, as permitted
under this Law.
(f) Within or without a redevelopment project area, install,
repair, construct, reconstruct or relocate streets, utilities and
site improvements essential to the preparation of the redevelopment
area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect
fees, rents and charges for the use of all or any part of any
building or property owned or leased by it.
(h) Issue obligations as provided in this Act.
(i) Accept grants, guarantees and donations of property, labor,
or other things of value from a public or private source for use
within a project redevelopment area.
(j) Acquire and construct public facilities within a
redevelopment project area, as permitted under this Law.
(k) Incur, pay or cause to be paid redevelopment project costs;
provided, however, that on and after the effective date of this
2100 JOURNAL OF THE [March 24, 1999]
amendatory Act of the 91st General Assembly, no municipality shall
incur redevelopment project costs (except for planning and other
eligible costs authorized by municipal ordinance or resolution that
are subsequently included in the redevelopment plan for the area and
are incurred after the ordinance or resolution is adopted) that are
not consistent with the program for accomplishing the objectives of
the redevelopment plan as included in that plan and approved by the
municipality until the municipality has amended the redevelopment
plan as provided elsewhere in this Law. Any payments to be made by
the municipality to redevelopers or other nongovernmental persons for
redevelopment project costs incurred by such redeveloper or other
nongovernmental person shall be made only pursuant to the prior
official action of the municipality evidencing an intent to pay or
cause to be paid such redevelopment project costs. A municipality is
not required to obtain any right, title or interest in any real or
personal property in order to pay redevelopment project costs
associated with such property. The municipality shall adopt such
accounting procedures as may be necessary to determine that such
redevelopment project costs are properly paid.
(l) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the municipality
with the consent of the majority of the governing board of the
municipality. Members of a commission appointed after the effective
date of this Law shall be appointed for initial terms of 1, 2, 3, 4
and 5 years, respectively, in numbers so that the terms of not more
than 1/3 of all members expire in any one year. Their successors
shall be appointed for a term of 5 years. The commission, subject to
approval of the corporate authorities of the municipality, may
exercise the powers enumerated in this Section. The commission shall
also have the power to hold the public hearings required by this Act
and make recommendations to the corporate authorities concerning the
adoption of redevelopment plans, redevelopment projects and
designation of redevelopment project areas.
(m) Make payment in lieu of all or a portion of real property
taxes due to taxing districts. If payments in lieu of all or a
portion of taxes are made to taxing districts, those payments shall
be made to all districts within a redevelopment project area on a
basis that is proportional to the current collection of revenue which
each taxing district receives from real property in the redevelopment
project area.
(n) Exercise any and all other powers necessary to effectuate
the purposes of this Act.
(o) In conjunction with other municipalities, undertake and
perform redevelopment plans and projects and utilize the provisions
of the Act wherever they have contiguous redevelopment project areas
or they determine to adopt tax increment allocation financing with
respect to a redevelopment project area that includes contiguous real
property within the boundaries of the municipalities, and, by
agreement between participating municipalities, to issue obligations,
separately or jointly, and expend revenues received under this Act
for eligible expenses anywhere within contiguous redevelopment
project areas or as otherwise permitted in the Act.
(p) Create an Industrial Jobs Recovery Advisory Committee of not
more than 15 members to be appointed by the mayor or president of the
municipality with the consent of the majority of the governing board
of the municipality. The members of that Committee shall be
appointed for initial terms of 1, 2, and 3 years respectively, in
numbers so that the terms of not more than 1/3 of all members expire
in any one year. Their successors shall be appointed for a term of 3
years. The Committee shall have none of the powers enumerated in
this Section. The Committee shall serve in an advisory capacity
HOUSE OF REPRESENTATIVES 2101
only. The Committee may advise the governing board of the
municipality and other municipal officials regarding development
issues and opportunities within the redevelopment project area. The
Committee may also promote and publicize development opportunities in
the redevelopment project area.
(q) If a redevelopment project has not been initiated in a
redevelopment project area within 5 years after the area was
designated by ordinance under subsection (a), the municipality shall
adopt an ordinance repealing the area's designation as a
redevelopment project area. Initiation of a redevelopment project
shall be evidenced by either a signed redevelopment agreement or
expenditures on eligible redevelopment project costs associated with
a redevelopment project.
(r) Within a redevelopment planning area, transfer or loan tax
increment revenues from one redevelopment project area to another
redevelopment project area for expenditure on eligible costs in the
receiving area.
(s) Use tax increment revenue produced in a redevelopment
project area created under this Law by transferring or loaning such
revenues to a redevelopment project area created under the Tax
Increment Allocation Redevelopment Act that is either contiguous to,
or separated only by a public right of way from, the redevelopment
project area that initially produced and received those revenues.
(Source: P.A. 90-258, eff. 7-30-97.)
(65 ILCS 5/11-74.6-18)
Sec. 11-74.6-18. If any member of the corporate authority, a
member of a commission established under subsection (l) of Section
11-74.6-15, or an employee or consultant of the municipality involved
in the planning, analysis, preparation or administration of a
redevelopment plan, or project for a redevelopment project area or
proposed redevelopment project area, as defined in Section
11-74.6-10, owns or controls any interest, direct or indirect, in any
property included in any redevelopment area, or proposed
redevelopment area, he or she shall disclose that interest in writing
to the clerk of the municipality, and shall also so disclose the
dates, terms and conditions of any disposition of that interest.
These disclosures shall be acknowledged by the corporate authorities
and entered upon the official records and files of the corporate
authorities. If an individual holds such an interest, then that
individual shall refrain from any further official involvement, in
regard to the redevelopment plan, project or area, from voting on any
matter pertaining to that redevelopment plan, project or area, or
communicating with other members, corporate authorities, commissions,
employees or consultants of the municipality concerning any matter
pertaining to that redevelopment plan, project or area. No member or
employee shall acquire any interest, direct or indirect, in any
property in a redevelopment area or proposed redevelopment area after
either the individual obtains knowledge of that plan, project or
area, or, after the first public notice of that plan, project or area
under Section 11-74.6-25, whichever occurs first.
For the purposes of this Section, a month-to-month leasehold
interest shall not be deemed to constitute an interest in any
property included in any redevelopment area or proposed redevelopment
area.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.6-20)
Sec. 11-74.6-20. If a municipality or a commission designated
pursuant to subsection (l) of Section 11-74.6-15 adopts an ordinance
or resolution providing for a feasibility study on the designation of
an area as a redevelopment project area, a copy of the ordinance or
resolution shall be sent by certified mail within a reasonable time
2102 JOURNAL OF THE [March 24, 1999]
to all taxing districts that would be affected by the designation.
On and after the effective date of this amendatory Act of the
91st General Assembly, the ordinance or resolution shall include:
(1) The boundaries of the area to be studied for possible
designation as a redevelopment project area.
(2) The purpose or purposes of the proposed redevelopment
plan and project.
(3) A general description of tax increment allocation
financing under this Law.
(4) The name, phone number, and address of the municipal
officer who can be contacted for additional information about the
proposed redevelopment project area and who should receive all
comments and suggestions regarding the redevelopment of the area
to be studied.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.6-22)
Sec. 11-74.6-22. Adoption of ordinance; requirements; changes.
(a) Before adoption of an ordinance proposing the designation of
a redevelopment planning area or a redevelopment project area, or
both, or approving a redevelopment plan or redevelopment project, the
municipality or commission designated pursuant to subsection (l) of
Section 11-74.6-15 shall fix by ordinance or resolution a time and
place for public hearing. Prior to the adoption of the ordinance or
resolution establishing the time and place for the public hearing,
the municipality shall make available for public inspection a
redevelopment plan or a report that provides in sufficient detail,
the basis for the eligibility of the redevelopment project area
qualifying as an environmentally contaminated area, industrial park
conservation area, or a vacant industrial buildings conservation
area, or combination thereof. The report along with the name of a
person to contact for further information shall be sent to the
affected taxing district by certified mail within a reasonable time
following the adoption of the ordinance or resolution establishing
the time and place for the public hearing.
At the public hearing any interested person or affected taxing
district may file with the municipal clerk written objections to the
ordinance and may be heard orally on any issues that are the subject
of the hearing. The municipality shall hear and determine all
alternate proposals or bids for any proposed conveyance, lease,
mortgage or other disposition of land and all protests and objections
at the hearing and the hearing may be adjourned to another date
without further notice other than a motion to be entered upon the
minutes fixing the time and place of the later hearing. At the public
hearing or at any time prior to the adoption by the municipality of
an ordinance approving a redevelopment plan, the municipality may
make changes in the redevelopment plan. Changes which (1) add
additional parcels of property to the proposed redevelopment project
area, (2) substantially affect the general land uses proposed in the
redevelopment plan, or (3) substantially change the nature of or
extend the life of the redevelopment project shall be made only after
the municipality gives notice, convenes a joint review board, and
conducts a public hearing pursuant to the procedures set forth in
this Section and in Section 11-74.6-25. Changes which do not (1) add
additional parcels of property to the proposed redevelopment project
area, (2) substantially affect the general land uses proposed in the
redevelopment plan, or (3) substantially change the nature of or
extend the life of the redevelopment project may be made without
further hearing, provided that the municipality shall give notice of
any such changes by mail to each affected taxing district and by
publication in a newspaper of general circulation within the affected
taxing district. Such notice by mail and by publication shall each
HOUSE OF REPRESENTATIVES 2103
occur not later than 10 days following the adoption by ordinance of
such changes. Before the adoption of an ordinance approving a
redevelopment plan or redevelopment project, or designating a
redevelopment project area, or redevelopment planning area, or both,
changes may be made in the redevelopment plan or project or area if
the changes do not expand the exterior boundaries, or do not
substantially affect the general land uses established in the plan,
or substantially change the nature of the redevelopment project,
without further hearing or notice, if notice of those changes is
given by mail to each affected taxing district and by publication in
a newspaper or newspapers of general circulation within the affected
taxing districts not less than 10 days before the adoption of the
changes by ordinance.
(b) Before adoption of an ordinance proposing the designation of
a redevelopment planning area or a redevelopment project area, or
both, or amending the boundaries of an existing redevelopment project
area or redevelopment planning area, or both, the municipality shall
convene a joint review board to consider the proposal. The board
shall consist of a representative selected by each taxing district
that has authority to levy real property taxes on the property within
the proposed redevelopment project area and that has at least 5% of
its total equalized assessed value located within the proposed
redevelopment project area, a representative selected by the
municipality and a public member. The public member and the board's
chairperson shall be selected by a majority of other board members.
All board members shall be appointed and the first board meeting
held within 14 days following the notice by the municipality to all
the taxing districts as required by subsection (c) of Section
11-74.6-25. The notice shall also advise the taxing bodies
represented on the joint review board of the time and place of the
first meeting of the board. Additional meetings of the board shall
be held upon the call of any 2 members. The municipality seeking
designation of the redevelopment project area may provide
administrative support to the board.
The board shall review the public record, planning documents and
proposed ordinances approving the redevelopment plan and project to
be adopted by the municipality. As part of its deliberations, the
board may hold additional hearings on the proposal. A board's
recommendation, if any, shall be a written recommendation adopted by
a majority vote of the board and submitted to the municipality within
30 days after the board convenes. A board's recommendation shall be
binding upon the municipality. Failure of the board to submit its
recommendation on a timely basis shall not be cause to delay the
public hearing or the process of establishing or amending the
redevelopment project area. The board's recommendation on the
proposal shall be based upon the area satisfying the applicable
eligibility criteria defined in Section 11-74.6-10 and whether there
is a basis for the municipal findings set forth in the redevelopment
plan as required by this Act. If the board does not file a
recommendation it shall be presumed that the board has found that the
redevelopment project area satisfies the eligibility criteria.
(c) After a municipality has by ordinance approved a
redevelopment plan and designated a redevelopment planning area or a
redevelopment project area, or both, the plan may be amended and
additional properties may be added to the redevelopment project area
only as herein provided. Amendments which (1) add additional parcels
of property to the proposed redevelopment project area, (2)
substantially affect the general land uses proposed in the
redevelopment plan, (3) substantially change the nature of the
redevelopment project, (4) increase the total estimated redevelopment
project costs set out in the redevelopment plan by more than 5% after
2104 JOURNAL OF THE [March 24, 1999]
adjustment for inflation from the date the plan was adopted, or (5)
add additional redevelopment project costs to the itemized list of
redevelopment project costs set out in the redevelopment plan shall
be made only after the municipality gives notice, convenes a joint
review board, and conducts a public hearing pursuant to the
procedures set forth in this Section and in Section 11-74.6-25.
Changes which do not (1) add additional parcels of property to the
proposed redevelopment project area, (2) substantially affect the
general land uses proposed in the redevelopment plan, (3)
substantially change the nature of the redevelopment project, (4)
increase the total estimated redevelopment project cost set out in
the redevelopment plan by more than 5% after adjustment for inflation
from the date the plan was adopted, or (5) add additional
redevelopment project costs to the itemized list of redevelopment
project costs set out in the redevelopment plan may be made without
further hearing, provided that the municipality shall give notice of
any such changes by mail to each affected taxing district and by
publication in a newspaper of general circulation within the affected
taxing district. Such notice by mail and by publication shall each
occur not later than 10 days following the adoption by ordinance of
such changes. After the adoption of an ordinance approving a
redevelopment plan or project or designating a redevelopment planning
area or a redevelopment project area, or both, no ordinance shall be
adopted altering the exterior boundaries, except as provided in
subsection (p) of Section 11-74.6-10, affecting the general land uses
established under the plan or changing the nature of the
redevelopment project without complying with the procedures provided
in this Act pertaining to the initial approval of the redevelopment
plan or project and designation of a redevelopment project area or
redevelopment planning area. Hearings with regard to a redevelopment
planning area, redevelopment project area, project or plan may be
held simultaneously.
(d) After the effective date of this amendatory Act of the 91st
General Assembly, a municipality shall submit the following
information for each redevelopment project area (i) to the State
Comptroller in the financial report required under Section 3 of the
Governmental Account Audit Act and (ii) to all taxing districts
overlapping the redevelopment project area no later than 180 days
after the close of each municipal fiscal year or as soon thereafter
as the audited financial statements become available and, in any
case, shall be submitted before the annual meeting of the Joint
Review Board to each of the taxing districts that overlap the
redevelopment project area After adoption of an ordinance approving a
redevelopment plan or project, the municipality shall annually
report, within 180 days after the close of each municipal fiscal
year, to the Department and shall notify within 90 days after
closing the municipal fiscal year all taxing districts represented
on a joint review board in which the redevelopment project area is
located that any or all of the following information is available if
requested by a majority of such taxing districts within 60 days of
such notification:
(1) Any amendments to the redevelopment plan, or the
redevelopment project area.
(1.5) A list of the redevelopment project areas
administered by the municipality and, if applicable, the date
each redevelopment project area was designated or terminated by
the municipality.
(2) Audited financial statements of the special tax
allocation fund once a cumulative total of $100,000 of tax
increment revenues has been deposited in the fund.
(3) Certification of the Chief Executive Officer of the
HOUSE OF REPRESENTATIVES 2105
municipality that the municipality has complied with all of the
requirements of this Act during the preceding fiscal year.
(4) An opinion of legal counsel that the municipality is in
compliance with this Act.
(5) An analysis of the special tax allocation fund which
sets forth:
(A) the balance in the special tax allocation fund at
the beginning of the fiscal year;
(B) all amounts deposited in the special tax
allocation fund by source;
(C) an itemized list of all expenditures from the
special tax allocation fund by category of permissible
redevelopment project cost; and
(D) the balance in the special tax allocation fund at
the end of the fiscal year including a breakdown of that
balance by source and a breakdown of that balance
identifying any portion of the balance that is required,
pledged, earmarked, or otherwise designated for payment of
or securing of obligations and anticipated redevelopment
project costs. Any portion of such ending balance that has
not been identified or is not identified as being required,
pledged, earmarked, or otherwise designated for payment of
or securing of obligations or anticipated redevelopment
project costs shall be designated as surplus. Such ending
balance shall be designated as surplus if it is not required
for anticipated redevelopment project costs or to pay debt
service on bonds issued to finance redevelopment project
costs, as set forth in Section 11-74.6-30 hereof.
(6) A description of all property purchased by the
municipality within the redevelopment project area including:
(A) Street address.
(B) Approximate size or description of property.
(C) Purchase price.
(D) Seller of property.
(7) A statement setting forth all activities undertaken in
furtherance of the objectives of the redevelopment plan,
including:
(A) Any project implemented in the preceding fiscal
year.
(B) A description of the redevelopment activities
undertaken.
(C) A description of any agreements entered into by
the municipality with regard to the disposition or
redevelopment of any property within the redevelopment
project area.
(D) Additional information on the use of all funds
received under this Division and steps taken by the
municipality to achieve the objectives of the redevelopment
plan.
(E) Information regarding contracts that the
municipality's tax increment advisors or consultants have
entered into with entities or persons that have received, or
are receiving, payments financed by tax increment revenues
produced by the same redevelopment project area.
(F) Any reports submitted to the municipality by the
joint review board.
(G) A review of public and, to the extent possible,
private investment actually undertaken to date after the
effective date of this amendatory Act of the 91st General
Assembly and estimated to be undertaken during the following
year. This review shall, on a project-by-project basis, set
2106 JOURNAL OF THE [March 24, 1999]
forth the estimated amounts of public and private investment
incurred after the effective date of this amendatory Act of
the 91st General Assembly and provide the ratio of private
investment to public investment to the date of the report
and as estimated to the completion of the redevelopment
project.
(8) With regard to any obligations issued by the
municipality:
(A) copies of any official statements; and
(B) an analysis prepared by financial advisor or
underwriter setting forth: (i) nature and term of
obligation; and (ii) projected debt service including
required reserves and debt coverage.
(9) For special tax allocation funds that have received
cumulative deposits of incremental tax revenues of $100,000 or
more, a certified audit report reviewing compliance with this Act
performed by an independent public accountant certified and
licensed by the authority of the State of Illinois. The
financial portion of the audit must be conducted in accordance
with Standards for Audits of Governmental Organizations,
Programs, Activities, and Functions adopted by the Comptroller
General of the United States (1981), as amended. The audit
report shall contain a letter from the independent certified
public accountant indicating compliance or noncompliance with the
requirements of subsection (o) of Section 11-74.6-10.
(e) The joint review board shall meet annually 180 days after
the close of the municipal fiscal year or as soon as the
redevelopment project audit for that fiscal year becomes available to
review the effectiveness and status of the redevelopment project area
up to that date At the end of the first year, the second year, and at
the end of every 3-year period thereafter, the joint review board
shall meet to review and make a written report to the municipality on
the effectiveness and status of the redevelopment project area up to
that date.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.6-30)
Sec. 11-74.6-30. Financing. Obligations secured by the special
tax allocation fund set forth in Section 11-74.6-35 for the
redevelopment project area may be issued to provide for redevelopment
project costs. Those obligations, when so issued, shall be retired
in the manner provided in the ordinance authorizing the issuance of
those obligations by the receipts of taxes levied as specified in
Section 11-74.6-40 against the taxable real property included in the
area and any other revenue designated by the municipality. A
municipality may in the ordinance pledge all or any part of the funds
in and to be deposited into the special tax allocation fund created
under Section 11-74.6-35 to the payment of the redevelopment project
costs and obligations. Any pledge of funds in the special tax
allocation fund shall provide for distribution to the taxing
districts of moneys not required, pledged, earmarked, or otherwise
designated for payment and securing of the obligations and
anticipated redevelopment project costs, and any excess funds shall
be calculated annually and deemed to be "surplus" funds. If a
municipality applies or pledges only a portion of the funds in the
special tax allocation fund for the payment or securing of
anticipated redevelopment project costs or of obligations, any funds
remaining in the special tax allocation fund after complying with the
requirements of the application or pledge shall also be calculated
annually and deemed "surplus" funds. All surplus funds in the special
tax allocation fund shall be distributed annually within 180 days
after the close of the municipality's fiscal year by being paid by
HOUSE OF REPRESENTATIVES 2107
the municipal treasurer to the county collector in direct proportion
to the tax incremental revenue received as a result of an increase in
the equalized assessed value of property in the redevelopment project
area but not to exceed as to each such source the total incremental
revenue received from that source. The county collector shall
subsequently distribute surplus funds to the respective taxing
districts in the same manner and proportion as the most recent
distribution by the county collector to the affected taxing districts
of real property taxes from real property in the redevelopment
project area.
Without limiting the foregoing provisions of this Section, in
addition to obligations secured by the special tax allocation fund,
the municipality may pledge, for a period not greater than the term
of the obligations, towards payment of those obligations any part or
any combination of the following: (i) net revenues of all or part of
any redevelopment project; (ii) taxes levied and collected on any or
all real property in the municipality; (iii) the full faith and
credit of the municipality; (iv) a mortgage on part or all of the
redevelopment project; or (v) any other taxes or anticipated receipts
that the municipality may lawfully pledge.
The obligations may be issued in one or more series bearing
interest at a rate or rates that the corporate authorities of the
municipality determine by ordinance. The obligations shall bear a
date or dates, mature at a time or times, not exceeding 20 years from
their respective issue dates, be in a denomination, carry
registration privileges, be executed in a manner, be payable in a
medium of payment at a place or places, contain covenants, terms and
conditions, and be subject to redemption as the ordinance provides.
Obligations issued under this Law may be sold at public or private
sale at a price determined by the corporate authority of the
municipality. No referendum approval of the electors shall be
required as a condition for the issuance of obligations under this
Division, except as provided in this Section.
If the municipality authorizes issuance of obligations under the
authority of this Division secured by the full faith and credit of
the municipality, which obligations are other than obligations that
may be issued under home rule powers provided by Section 6 of Article
VII of the Illinois Constitution, or pledges taxes levied and
collected on real property in the municipality or pledges the full
faith and credit of the municipality, the ordinance authorizing the
issuance of those obligations or pledging those taxes or the
municipality's full faith and credit shall be published within 10
days after the ordinance has been passed in one or more newspapers
with general circulation within that municipality. The publication of
the ordinance shall be accompanied by a notice of (i) the specific
number of voters required to sign a petition requesting the question
of the issuance of those obligations or pledging taxes to be
submitted to the electors, (ii) the time in which the petition must
be filed, and (iii) the date of the prospective referendum. The
municipal clerk shall provide a petition form to any individual
requesting one.
If no petition is filed with the municipal clerk, as provided in
this Section, within 30 days after the publication of the ordinance,
the ordinance shall become effective. If, however, within that 30
day period, a petition is filed with the municipal clerk, signed by
electors numbering not less than 10% of the number of registered
voters in the municipality, asking that the question of issuing
obligations using full faith and credit of the municipality as
security for the cost of paying for redevelopment project costs, or
of pledging taxes for the payment of those obligations, or both, be
submitted to the electors of the municipality, the corporate
2108 JOURNAL OF THE [March 24, 1999]
authorities of the municipality shall call a special election in the
manner provided by law to vote upon that question, or, if a general,
State or municipal election is to be held within a period of not less
than 30 or more than 90 days from the date the petition is filed,
shall submit the question at that general, State or municipal
election. If it appears upon the canvass of the election by the
corporate authorities that a majority of electors voting upon the
question voted in favor of the question, the ordinance shall be
effective, but if a majority of the electors voting upon the question
are not in favor of the question, the ordinance shall not take
effect.
The ordinance authorizing the obligations may provide that the
obligations shall contain a recital that they are issued under this
Law. The recital shall be conclusive evidence of their validity and
of the regularity of their issuance.
In the event the municipality authorizes issuance of obligations
under this Section secured by the full faith and credit of the
municipality, the ordinance authorizing the obligations may provide
for the levy and collection of a direct annual tax upon all taxable
property within the municipality sufficient to pay the principal of
and interest on the obligations as they mature. The levy may be in
addition to and exclusive of the maximum of all other taxes
authorized to be levied by the municipality. The levy, however, shall
be abated to the extent that moneys from other sources are available
for payment of the obligations and the municipality certifies the
amount of those moneys available to the county clerk.
A certified copy of the ordinance shall be filed with the county
clerk of each county in which any portion of the municipality is
situated, and shall constitute the authority for the extension and
collection of the taxes to be deposited in the special tax allocation
fund.
A municipality may also issue its obligations to refund, in whole
or in part, obligations previously issued by the municipality under
the authority of this Law, whether at or before maturity, except that
the last maturity of the refunding obligations shall not be expressed
to mature later than December 31 of the year in which the payment to
the municipal treasurer as provided in subsection (b) of Section
11-74.6-35 is to be made with respect to ad valorem taxes levied in
the twenty-third calendar year after the year in which the ordinance
approving the redevelopment project area is adopted 23 years from the
date of the ordinance approving the redevelopment project area.
If a municipality issues obligations under home rule powers or
other legislative authority, the proceeds of which are pledged to pay
for redevelopment project costs, the municipality may, if it has
followed the procedures in conformance with this Law, retire those
obligations from funds in the special tax allocation fund in amounts
and in the same manner as if those obligations had been issued under
the provisions of this Law.
No obligations issued under this Law shall be regarded as
indebtedness of the municipality issuing the obligations or any other
taxing district for the purpose of any limitation imposed by law.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.6-35)
Sec. 11-74.6-35. Ordinance for tax increment allocation
financing.
(a) A municipality, at the time a redevelopment project area is
designated, may adopt tax increment allocation financing by passing
an ordinance providing that the ad valorem taxes, if any, arising
from the levies upon taxable real property within the redevelopment
project area by taxing districts and tax rates determined in the
manner provided in subsection (b) of Section 11-74.6-40 each year
HOUSE OF REPRESENTATIVES 2109
after the effective date of the ordinance until redevelopment project
costs and all municipal obligations financing redevelopment project
costs incurred under this Act have been paid shall be divided as
follows:
(1) That portion of the taxes levied upon each taxable lot,
block, tract or parcel of real property that is attributable to
the lower of the current equalized assessed value or the initial
equalized assessed value or the updated initial equalized
assessed value of each taxable lot, block, tract or parcel of
real property in the redevelopment project area shall be
allocated to and when collected shall be paid by the county
collector to the respective affected taxing districts in the
manner required by law without regard to the adoption of tax
increment allocation financing.
(2) That portion, if any, of those taxes that is
attributable to the increase in the current equalized assessed
value of each taxable lot, block, tract or parcel of real
property in the redevelopment project area, over and above the
initial equalized assessed value or the updated initial equalized
assessed value of each property in the project area, shall be
allocated to and when collected shall be paid by the county
collector to the municipal treasurer who shall deposit that
portion of those taxes into a special fund called the special tax
allocation fund of the municipality for the purpose of paying
redevelopment project costs and obligations incurred in the
payment of those costs and obligations. In any county with a
population of 3,000,000 or more that has adopted a procedure for
collecting taxes that provides for one or more of the
installments of the taxes to be billed and collected on an
estimated basis, the municipal treasurer shall be paid for
deposit in the special tax allocation fund of the municipality,
from the taxes collected from estimated bills issued for property
in the redevelopment project area, the difference between the
amount actually collected from each taxable lot, block, tract, or
parcel of real property within the redevelopment project area and
an amount determined by multiplying the rate at which taxes were
last extended against the taxable lot, block, track, or parcel of
real property in the manner provided in subsection (b) of Section
11-74.6-40 by the initial equalized assessed value or the updated
initial equalized assessed value of the property divided by the
number of installments in which real estate taxes are billed and
collected within the county, provided that the payments on or
before December 31, 1999 to a municipal treasurer shall be made
only if each of the following conditions are met:
(A) The total equalized assessed value of the
redevelopment project area as last determined was not less
than 175% of the total initial equalized assessed value.
(B) Not more than 50% of the total equalized assessed
value of the redevelopment project area as last determined
is attributable to a piece of property assigned a single
real estate index number.
(C) The municipal clerk has certified to the county
clerk that the municipality has issued its obligations to
which there has been pledged the incremental property taxes
of the redevelopment project area or taxes levied and
collected on any or all property in the municipality or the
full faith and credit of the municipality to pay or secure
payment for all or a portion of the redevelopment project
costs. The certification shall be filed annually no later
than September 1 for the estimated taxes to be distributed
in the following year.
2110 JOURNAL OF THE [March 24, 1999]
The conditions of paragraphs (A) through (C) do not apply after
December 31, 1999 to payments to a municipal treasurer made by a
county with 3,000,000 or more inhabitants that has adopted an
estimated billing procedure for collecting taxes. If a county that
has adopted the estimated billing procedure makes an erroneous
overpayment of tax revenue to the municipal treasurer, then the
county may seek a refund of that overpayment. The county shall send
the municipal treasurer a notice of liability for the overpayment on
or before the mailing date of the next real estate tax bill within
the county. The refund shall be limited to the amount of the
overpayment.
(b) It is the intent of this Act that a municipality's own ad
valorem tax arising from levies on taxable real property be included
in the determination of incremental revenue in the manner provided in
paragraph (b) of Section 11-74.6-40.
(c) If a municipality has adopted tax increment allocation
financing for a redevelopment project area by ordinance and the
county clerk thereafter certifies the total initial equalized
assessed value or the total updated initial equalized assessed value
of the taxable real property within such redevelopment project area
in the manner provided in paragraph (a) or (b) of Section 11-74.6-40,
each year after the date of the certification of the total initial
equalized assessed value or the total updated initial equalized
assessed value until redevelopment project costs and all municipal
obligations financing redevelopment project costs have been paid, the
ad valorem taxes, if any, arising from the levies upon the taxable
real property in the redevelopment project area by taxing districts
and tax rates determined in the manner provided in paragraph (b) of
Section 11-74.6-40 shall be divided as follows:
(1) That portion of the taxes levied upon each taxable lot,
block, tract or parcel of real property that is attributable to
the lower of the current equalized assessed value or the initial
equalized assessed value, or the updated initial equalized
assessed value of each parcel if the updated initial equalized
assessed value of that parcel has been certified in accordance
with Section 11-74.6-40, whichever has been most recently
certified, of each taxable lot, block, tract, or parcel of real
property existing at the time tax increment allocation financing
was adopted in the redevelopment project area, shall be allocated
to and when collected shall be paid by the county collector to
the respective affected taxing districts in the manner required
by law without regard to the adoption of tax increment allocation
financing.
(2) That portion, if any, of those taxes that is
attributable to the increase in the current equalized assessed
value of each taxable lot, block, tract, or parcel of real
property in the redevelopment project area, over and above the
initial equalized assessed value of each property existing at the
time tax increment allocation financing was adopted in the
redevelopment project area, or the updated initial equalized
assessed value of each parcel if the updated initial equalized
assessed value of that parcel has been certified in accordance
with Section 11-74.6-40, shall be allocated to and when collected
shall be paid to the municipal treasurer, who shall deposit those
taxes into a special fund called the special tax allocation fund
of the municipality for the purpose of paying redevelopment
project costs and obligations incurred in the payment thereof.
(d) The municipality may pledge in the ordinance the funds in
and to be deposited in the special tax allocation fund for the
payment of redevelopment project costs and obligations. No part of
the current equalized assessed value of each property in the
HOUSE OF REPRESENTATIVES 2111
redevelopment project area attributable to any increase above the
total initial equalized assessed value or the total initial updated
equalized assessed value of the property, shall be used in
calculating the General State School Aid Formula, provided for in
Section 18-8 of the School Code, until all redevelopment project
costs have been paid as provided for in this Section.
Whenever a municipality issues bonds for the purpose of financing
redevelopment project costs, that municipality may provide by
ordinance for the appointment of a trustee, which may be any trust
company within the State, and for the establishment of any funds or
accounts to be maintained by that trustee, as the municipality deems
necessary to provide for the security and payment of the bonds. If
the municipality provides for the appointment of a trustee, the
trustee shall be considered the assignee of any payments assigned by
the municipality under that ordinance and this Section. Any amounts
paid to the trustee as assignee shall be deposited into the funds or
accounts established under the trust agreement, and shall be held by
the trustee in trust for the benefit of the holders of the bonds.
The holders of those bonds shall have a lien on and a security
interest in those funds or accounts while the bonds remain
outstanding and unpaid. Upon retirement of the bonds, the trustee
shall pay over any excess amounts held to the municipality for
deposit in the special tax allocation fund.
When the redevelopment projects costs, including without
limitation all municipal obligations financing redevelopment project
costs incurred under this Law, have been paid, all surplus funds then
remaining in the special tax allocation fund shall be distributed by
being paid by the municipal treasurer to the municipality and the
county collector; first to the municipality in direct proportion to
the tax incremental revenue received from the municipality, but not
to exceed the total incremental revenue received from the
municipality, minus any annual surplus distribution of incremental
revenue previously made. Any remaining funds shall be paid to the
county collector who shall immediately distribute that payment to the
taxing districts in the redevelopment project area in the same manner
and proportion as the most recent distribution by the county
collector to the affected districts of real property taxes from real
property situated in the redevelopment project area.
Upon the payment of all redevelopment project costs, retirement
of obligations and the distribution of any excess moneys under this
Section, the municipality shall adopt an ordinance dissolving the
special tax allocation fund for the redevelopment project area and
terminating the designation of the redevelopment project area as a
redevelopment project area. Thereafter the tax levies of taxing
districts shall be extended, collected and distributed in the same
manner applicable before the adoption of tax increment allocation
financing. Municipality shall notify affected taxing districts prior
to November if the redevelopment project area is to be terminated by
December 31 of that same year.
Nothing in this Section shall be construed as relieving property
in a redevelopment project area from being assessed as provided in
the Property Tax Code or as relieving owners of that property from
paying a uniform rate of taxes, as required by Section 4 of Article
IX of the Illinois Constitution.
(Source: P.A. 88-537; 88-670, eff. 12-2-94.)
(65 ILCS 5/11-74.6-45)
Sec. 11-74.6-45. Expenditure of certain revenues.
(a) Revenues received by the municipality from any property,
building or facility owned, leased or operated by the municipality or
any agency or authority established by the municipality may be used
to pay redevelopment project costs, or reduce outstanding obligations
2112 JOURNAL OF THE [March 24, 1999]
of the municipality incurred under this Law for redevelopment project
costs. The municipality may deposit those revenues into a special
tax allocation fund. The fund shall be held by the municipal
treasurer or other person designated by the municipality. Revenue
received by the municipality from the sale or other disposition of
real property acquired by the municipality with the proceeds of
obligations funded by tax increment allocation financing shall be
deposited by the municipality into the special tax allocation fund.
(b) (Blank). If the redevelopment project area has been in
existence for at least 5 years and the municipality proposes a
redevelopment project with a redevelopment project cost exceeding 25%
of the amount budgeted in the redevelopment plan for all
redevelopment projects, the municipality shall convene a meeting of
the joint review board for the purpose of reviewing the need for such
assistance for the redevelopment project.
(Source: P.A. 88-537.)
(65 ILCS 5/11-74.6-50 rep.)
Section 10. The Illinois Municipal Code is amended by repealing
Section 11-74.6-50.
Section 90. The State Mandates Act is amended by adding Section
8.23 as follows:
(30 ILCS 805/8.23 new)
Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of
this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of the
91st General Assembly.
Section 99. Effective date. This Act takes effect on the first
day of the third month after becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was held on the
order of Second Reading.
HOUSE BILL 1740. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Bugielski offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1740
AMENDMENT NO. 1. Amend House Bill 1740 by replacing the title
with the following:
"AN ACT to amend the Illinois Loan Brokers Act of 1995 by
changing Section 15-80."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Loan Brokers Act of 1995 is amended by
changing Section 15-80 as follows:
(815 ILCS 175/15-80)
Sec. 15-80. Persons exempt from registration and other duties;
burden of proof thereof.
(a) The following persons are exempt from the registration and
bonding requirements of Section 15-10, 15-15, 15-20, 15-25, 15-30,
15-35, 15-40, and 15-75 of this Act:
(1) Any attorney while engaging in the practice of law.
(2) Any certified public accountant licensed to practice in
Illinois, while engaged in practice as a certified public
HOUSE OF REPRESENTATIVES 2113
accountant and whose service in relation to procurement of a loan
is incidental to his or her practice.
(3) Any person licensed to engage in business as a real
estate broker or salesperson in Illinois while rendering services
in the ordinary course of a transaction in which a license as a
real estate broker or salesperson is required.
(4) Any dealer, salesperson or investment adviser
registered under the Illinois Securities Law of 1953, or an
investment advisor, representative, or any person who is
regularly engaged in the business of offering or selling
securities in a transaction exempted under subsection C, H, M, R,
Q, or S of Section 4 of the Illinois Securities Law of 1953 or
subsection G of Section 4 of the Illinois Securities Law of 1953
provided that such person is registered under the federal
securities law.
(4.1) An associated person described in subdivision (h)(2)
of Section 15 of the Federal 1934 Act.
(4.2) An investment adviser registered pursuant to Section
203 of the Federal 1940 Investment Advisors Act.
(4.3) A person described in subdivision (a)(11) of Section
202 of the Federal 1940 Investment Advisors Act.
(5) Any person whose fee is wholly contingent on the
successful procurement of a loan from a third party and to whom
no fee, other than a bona fide third party fee, is paid before
the procurement.
(6) Any person who is a creditor, or proposed to be a
creditor, for any loan.
(7) (Blank).
(8) Any person regulated by the Department of Financial
Institutions or the Office of Banks and Real Estate, or any
insurance producer or company authorized to do business in this
State.
(b) As used in this Section, "bona fide third party fee"
includes fees for:
(1) Credit reports, appraisals and investigations.
(2) If the loan is to be secured by real property, title
examinations, an abstract of title, title insurance, a property
survey and similar purposes.
(c) As used in this Section, "successful procurement of a loan"
means that a binding commitment from a creditor to advance money has
been received and accepted by the borrower.
(d) The burden of proof of any exemption provided in this Act
shall be on the party claiming the exemption.
(Source: P.A. 89-209, eff. 1-1-96; 89-508, eff. 7-3-96; 90-70, eff.
7-8-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 321. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Executive, adopted and printed.
2114 JOURNAL OF THE [March 24, 1999]
AMENDMENT NO. 1 TO HOUSE BILL 321
AMENDMENT NO. 1. Amend House Bill 321 by replacing the title
with the following:
"AN ACT to amend the Metropolitan Water Reclamation District Act
by changing Section 2."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Metropolitan Water Reclamation District Act is
amended by changing Section 2 as follows:
(70 ILCS 2605/2) (from Ch. 42, par. 321)
Sec. 2. Judicial notice. All courts in this State shall take
judicial notice of the existence of all sanitary districts organized
under this Act.
(Source: P.A. 81-1490.)".
Representative Zickus offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 321
AMENDMENT NO. 2. Amend House Bill 321, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Metropolitan Water Reclamation District Act
by adding Sections 65.1 and 65.2."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Metropolitan Water Reclamation District Act by
adding Sections 65.1 and 65.2 as follows:
(70 ILCS 2605/65.1 new)
Sec. 65.1. Lagoons; Cook County. No reservoir, low solids
lagoon, or high solids lagoon shall be located in the area southwest
of the present high and low solids lagoons described as follows:
Said Southwest area lies in Cook County between the DesPlaines
River on the north and the Sanitary and Ship Canal on the south,
and is bordered on the northeast by a line which is parallel to
and 2,000 feet to the northeast of the centerline of LaGrange
Road at the approximate midpoint between the DesPlaines River and
the Sanitary and Ship Canal and is measured parallel to the
Sanitary and Ship Canal. The area from this line to the most
southwestern edge of the most southwesterly drying bed cannot be
converted to any other treatment process or storage area for any
product of the Metropolitan Water Reclamation District. Said
southwestern edge lies between the DesPlaines River on the north
and the Sanitary and Ship Canal on the south, and is located
parallel to and 5,500 feet to the southwest of the centerline of
LaGrange Road at the approximate midpoint between the DesPlaines
River and the Sanitary and Ship Canal and is measured parallel to
the Sanitary and Ship Canal.
(70 ILCS 2605/65.1 new)
Sec. 65.2. Treatment process area; Cook County. No treatment
process storage area for any product of the Metropolitan Water
Reclamation District or rail transportation system shall be located
in the tank farm area or southwest of the most westerly drying bed
described as follows:
Said southwestern edge lies in Cook County between the DesPlaines
River on the north and the Sanitary and Ship Canal on the south,
and is located parallel to LaGrange Road and 5,500 feet to the
southwest of the centerline of LaGrange Road at the approximate
midpoint between the DesPlaines River and the Sanitary and Ship
Canal and is measured parallel to the Sanitary and Ship Canal.".
HOUSE OF REPRESENTATIVES 2115
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 452. Having been read by title a second time on March
19, 1999, and held on the order of Second Reading, the same was again
taken up.
Floor Amendments numbered 7 and 8 remained in the Committee on
Rules.
Representative Hannig offered the following amendment and moved
its adoption:
AMENDMENT NO. 9 TO HOUSE BILL 452
AMENDMENT NO. 9. Amend House Bill 452 by replacing the title
with the following:
"AN ACT concerning real property"; and
by replacing everything after the enacting clause with the following:
"Article 5.
Section 5-5. Upon the payment of the sum of $1 and other good
and valuable consideration, pursuant to and conditioned upon the
execution of an intergovernmental agreement entered into by the
Department of Human Services and the Village of Tinley Park, to the
State of Illinois and the tender by the Village of Tinley Park of a
certified survey of the land described in this Section, current
within 6 months, the Secretary of Human Services is authorized to
convey by quitclaim deed, subject to the condition that should the
property conveyed under this Section ever not be used by the grantee
for public purposes, then title shall revert to the State of Illinois
without further action on the part of the State, to the Village of
Tinley Park all right, title, and interest in and to the land in Cook
County, Illinois commonly known as:
THAT PART OF THE WEST 1900 FEET OF THE SOUTHWEST QUARTER OF
SECTION 36, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY
OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD (COMMONLY KNOWN
AS THE METRALINE) AND LYING NORTHERLY OF THE NORTHERN TRIBUTARY
TO THE UNION DRAINAGE DITCH (EXCEPTING THEREFROM THAT PART, IF
ANY, TAKEN FOR 80TH AVENUE), IN COOK COUNTY, ILLINOIS AND
CONTAINING 56 ACRES.
The legal description of the land that appears in the quitclaim
deed shall conform to the survey required under this Section.
Section 5-10. Upon the payment of the sum of $1 to the State of
Illinois, the Secretary of Human Services is authorized to convey by
quitclaim deed to the United Cerebral Palsy Association of Greater
Chicago all right, title, and interest in and to the following
described land in Cook County, Illinois:
THAT PART OF THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 36 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 36, 2237.39
FEET; THENCE NORTH 0 degrees 00 minutes WEST, ALONG A LINE
PERPENDICULAR TO SAID SOUTH LINE, 50.00 FEET TO THE POINT OF
BEGINNING ON THE NORTH LINE OF 183RD STREET; THENCE CONTINUING
NORTH 0 degrees 00 minutes WEST, 124.75 FEET; THENCE NORTH 33
2116 JOURNAL OF THE [March 24, 1999]
degrees 04 minutes WEST, 99.70 FEET; THENCE NORTH 72 degrees 25
minutes 40 seconds WEST, 105.00 FEET; THENCE NORTH 90 DEGREES
WEST, 139.51 FEET; THENCE SOUTH 0 degrees 00 minutes EAST, 240.00
FEET; THENCE EAST, 294.01 FEET TO THE POINT OF BEGINNING, ALL IN
COOK COUNTY, ILLINOIS AND CONTAINING 1.50 ACRES.
Section 5-15. The Secretary of Human Services shall obtain a
certified copy of the portions of this Act containing the title, the
enacting clause, the effective date, the appropriate Sections
containing the land descriptions of property to be transferred, and
this Section within 60 days after this Act's effective date and, upon
receipt of payment required by the appropriate Sections, shall record
the certified document in the Recorder's office in the county in
which the land is located.
Section 5-20. In consideration of the use of the land by Hardin
County for public purposes and without further compensation, the
Board of Trustees of the University of Illinois is authorized to
convey by quitclaim deed to Hardin County all right, title, and
interest in and to the following described land in Hardin County,
Illinois:
Tract 2
Beginning at a point where the East line of the West-half (W 1/2)
of the Southeast Quarter (SE 1/4) of Section Fourteen (14),
Township Twelve (12) South, Range Eight (8) East of the Third
Principal Median intersects the North right-of-way line of
Illinois State Highway No. 146 (being the Southeast corner of a
tract of land conveyed to the University of Illinois by Warranty
Deed recorded January 10, 1917 in Deed Book 12, at pages
505-506), thence North a distance of Four Hundred Thirty (430)
feet to a point, thence East a distance of Three Hundred Thirty
(330) feet to a point, thence South a distance of One Hundred
Forty Five and Twenty One Hundredths (145.21) feet to the North
right-of-way line of said highway, thence in a Southwesterly
direction along said right-of-way line Four Hundred Thirty Five
and Ninety Hundredths (435.90) feet to the point of beginning,
being 2.18 acres more or less, situated in HARDIN COUNTY,
ILLINOIS.
Section 5-25. The Board of Trustees of the University of
Illinois shall obtain a certified copy of the portions of this Act
containing the title, the enacting clause, the effective date, the
appropriate Sections containing the land descriptions of property to
be transferred, and this Section within 60 days after this Act's
effective date and shall record the certified document in the
Recorder's office in the county in which the land is located.
Article 10.
Section 10-1. Short title. This Article may be cited as the Ft.
Dearborn United States Army Reserve Center Retrocession Law.
Section 10-5. Authorization to accept retrocession.
(a) Under the provisions of Section 2683 of Title 10 of the
United States Code, the State of Illinois authorizes acceptance of
retrocession by the United States of America of exclusive legislative
jurisdiction, to the extent such jurisdiction has not previously been
retroceded to the State of Illinois, the United States retaining a
federal proprietary interest only, over lands consisting of the Ft.
Dearborn United States Army Reserve Center, located at O'Hare
International Airport in Chicago, Cook County, Illinois, more
particularly described as follows:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 41
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE
NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 40 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE WEST LINE OF THE EAST 33.00 FEET OF THE
HOUSE OF REPRESENTATIVES 2117
SOUTHEAST 1/4 OF SECTION 32 AFORESAID WITH THE SOUTH LINE OF SAID
SOUTHEAST 1/4; THENCE SOUTH 87 DEGREES 38 MINUTES 27 SECONDS
WEST, ALONG SAID SOUTH LINE, 20.44 FEET; THENCE SOUTH 11 DEGREES
16 MINUTES 33 SECONDS WEST 40.93 FEET; THENCE SOUTH 87 DEGREES 52
MINUTES 11 SECONDS WEST 218.83 FEET TO THE POINT OF INTERSECTION
WITH THE SOUTHERLY EXTENSION OF A LINE DRAWN 280.00 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION
32 AFORESAID; THENCE NORTH 0 DEGREES 7 MINUTES 12 SECONDS EAST,
ALONG SAID SOUTHERLY EXTENSION; 38.94 FEET TO THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 32 THENCE NORTH 0 DEGREES 07
MINUTES 12 SECONDS EAST, ALONG THE AFORESAID LINE DRAWN 280.00
FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4
OF SECTION 32 AFORESAID, 840.04 FEET; THENCE NORTH 44 DEGREES 52
MINUTES 47 SECONDS WEST 127.28 FEET TO A POINT 370 FEET (MEASURED
PERPENDICULARLY) WEST OF THE EAST LINE OF SAID SOUTHEAST 1/4;
THENCE NORTH 89 DEGREES 52 MINUTES 48 SECONDS WEST 730 FEET TO
THE WEST LINE OF THE EAST 1100 FEET OF THE SOUTHEAST 1/4 OF
SECTION 32 AFORESAID; THENCE NORTH 0 DEGREES 07 MINUTES 12
SECONDS EAST ALONG SAID EAST LINE 545.10 FEET TO THE CENTER LINE
OF HIGGINS ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE,
468.74 FEET ALONG THE ARC OF A CIRCLE CONVEX NORTHEASTERLY,
HAVING A RADIUS OF 8105.00 FEET AND WHOSE CHORD BEARS SOUTH 74
DEGREES 23 MINUTES 42 SECONDS EAST 468.67 FEET; THENCE CONTINUING
ALONG THE CENTER LINE OF HIGGINS ROAD SOUTH 72 DEGREES 44 MINUTES
18 SECONDS EAST TANGENT TO THE ABOVE DESCRIBED CURVED LINE 678.48
FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE SOUTH 0
DEGREES 07 MINUTES 12 SECONDS WEST ALONG SAID WEST LINE 527.91
FEET; THENCE SOUTH 87 DEGREES 38 MINUTES 27 SECONDS WEST, ALONG A
LINE DRAWN PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4,
33.03 FEET TO THE WEST LINE OF THE EAST 33 FEET OF SAID SOUTHEAST
1/4; THENCE SOUTH 0 DEGREES 07 MINUTES 12 SECONDS WEST, ALONG
SAID WEST LINE, 610 FEET TO THE HEREINABOVE DESCRIBED POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
Further, the State of Illinois accepts retrocession of and authorizes
acceptance of retrocession over all those lands owned by the United
States that may subsequently be identified by the Department of the
Army as part of the Ft. Dearborn United States Army Reserve Center,
although not included within the legal description contained in this
subsection, to the extent exclusive jurisdiction has not previously
been retroceded to the State of Illinois. Any additional land over
which the State accepts retrocession of jurisdiction shall be
identified in a notice filed by the Governor as provided in
subsection (d).
(b) By retaining in the subject lands a federal proprietary
interest only, there exists a right of the United States to perform
the functions delegated to it by the United States Constitution and
directed by statutory enactment of the United States Congress without
interference from any source. The State of Illinois may not impose
its regulatory power directly upon the United States and may not tax
the land under the federal proprietary interest; however, the State
of Illinois may tax a lessee's interest in the land to the extent
State law permits.
(c) Subject to subsection (b), the State of Illinois accepts
cession of exclusive federal legislative jurisdiction from the United
States, and the State of Illinois retains all the legislative
jurisdiction over the area it would have if a private individual
rather than the United States owned the land.
(d) The Governor of the State of Illinois is authorized to
accept the retrocession of exclusive legislative jurisdiction over
the subject lands by filing a notice of acceptance with the Illinois
Secretary of State.
2118 JOURNAL OF THE [March 24, 1999]
(e) Upon transfer by deed of subject lands, or any portion
thereof, by the United States of America, the proprietary interest
retained by the United States shall expire as to the particular
property transferred.
ARTICLE 15.
Section 15-5. Upon the payment to the State of Illinois of an
amount to be negotiated by the parties in interest and according to
the terms of an agreement between the Lockport Township Park District
and the Director of Corrections, the Director of Corrections is
authorized to convey by quitclaim deed to the Lockport Township Park
District all right, title, and interest in and to the following
described land in Will County, Illinois:
The NE 1/4 of the NW 1/4 of Section 21-36-10 and the SE 1/4 of
the NW 1/4 of Section 21-36-10, (approximately 80 acres), all in
Township 36 North, Range 10 East of the Third Principal Meridian in
Will County, Illinois.
Section 15-10. The Director of Corrections shall obtain a
certified copy of the portions of this Act containing the title, the
enacting clause, the effective date, the appropriate Sections
containing the land descriptions of property to be transferred, and
this Section within 60 days after this Act's effective date and, upon
receipt of payment required by the appropriate Sections, shall record
the certified document in the Recorder's office in the county in
which the land is located.
ARTICLE 20.
Section 20-5. Upon the payment of the sum of $50 to the
Department of Natural Resources, the Director of Natural Resources is
authorized to convey by quitclaim deed all right, title, and interest
in and to the following described real property in Johnson County,
Illinois to the Cedar Grove Church, of the Village of Buncombe,
County of Johnson, State of Illinois:
The South 70.00 feet of the West 50.00 feet of the Southwest
Quarter of the Northeast Quarter of Section 31, Township 11
South, Range 2 East of the Third Principal Meridian, Johnson
County, Illinois, as said Southwest Quarter of the Northeast
Quarter was surveyed by Edward J. Reeder, I.P.L.S. No. 2546,
during the months of February through May of 1997.
Section 20-10. The Director of Natural Resources shall obtain a
certified copy of this Act within 60 days after its effective date
and, upon receipt of payment required by this Act, shall record the
certified document in the Recorder's Office in the county in which
the land is located.
ARTICLE 25.
Section 25-5. Upon payment of the sum of $1, the Secretary of
Transportation is authorized to convey by quitclaim deed to the
Bureau County Soil and Water Conservation District all right, title,
and interest in and to the property commonly known as "Center
Prairie" and described as follows:
IDOT Location: US 6&34 (approximately 1 1/2 miles West
of Princeton, Bureau County). FA 8 (SBI
7), Section 11Y, Bureau County.
Beginning left Station 565 + 00 and
extending in an easterly direction to
and ending at left Station 708 + 37.
Legal Description: The property lies North of US 6&34 ROW
in Section 13 and 14, and the East 1/2
of the Southeast 1/4 of Section 15,
Township 16 North, Range 8, East of the
4th Principal Meridian in Bureau County,
Illinois.
HOUSE OF REPRESENTATIVES 2119
The North boundary being the South
boundary of old US 6&34 in Sections 13
and 14, and the North boundary of
Section 15.
Section 25-10. Upon payment of the sum of $1, the Secretary of
Transportation is authorized to convey by quitclaim deed to the
Bureau County Soil and Water Conservation District all right, title,
and interest in and to the property commonly known as "Old Indian
Boundary Prairie" and described as follows:
IDOT Location: Illinois 26 (approximately 2 miles South
of Ohio, Bureau County). FA 38, Section
115R. Beginning right Station 1160 + 00
and extending in a southerly direction
to and ending at right Station 1175 +
00.
Legal Description: The property is that portion of the
Northeast 1/4 of the Northwest 1/4 which
lies West of the ROW of Illinois 26 in
Section 28, Township 18 North, Range 9,
East of the 4th Principal Meridian.
Section 25-15. The Secretary of Transportation shall obtain a
certified copy of the portions of this Act containing the title, the
enacting clause, the effective date, the appropriate Sections
containing the land descriptions of property to be transferred, and
this Section within 60 days after this Act's effective date and,
upon receipt of payment required by the appropriate Sections, shall
record the certified document in the Recorder's office in the county
in which the land is located.
ARTICLE 30.
Section 30-2. For and in consideration of the sum of $1, the
Board of Trustees of Southern Illinois University is authorized to
convey, by quitclaim deed executed by the chairperson and attested by
the secretary of the Board of Trustees of Southern Illinois
University, to the Board of Trustees of Lewis and Clark Community
College District No. 536 all rights, title, and interest of the Board
of Trustees of Southern Illinois University in and to the following
described real estate:
Parcel 1:
A parcel of land, known as Lot 8 of the Subdivision of Block
1, Leclaire, as the same appears in Plat Book 6 Page 19; (Except
coal and other minerals underlying, with right to mine and remove
same from thereunder), in Madison County, Illinois.
Parcel 2:
A tract of land situated in the Southeast Quarter of Section
11, Township 4 North, Range 8 West of the Third Principal
Meridian, within the corporate limits of the City of
Edwardsville, Madison County, Illinois; being more particularly
Lots 12, 13, 14, 15, 17, 18, 19 and the Northerly portion of Lot
20 of the Subdivision of Block 1, Leclaire, a Subdivision of said
Edwardsville, Illinois, and of record in Plat Book 6, Page 19 and
Lots 9, 10, 11 and 16 of the Revised Plat of Lots 9, 10, 11 and
16 of Block 1, Leclaire, as the same appears in Plat Book 7, Page
15 and all abutting or contiguous streets and alleys as vacated
by Ordinance Number 628 a copy of which was recorded March 3,
1948 as Document 114-618, in Book 1007 Page 388 and Ordinance
Number 851 a copy of which was recorded as Document 124-4123 all
being more fully described as follows:
From a point at the Northeast corner of Lot 1, Block 1, of the
Subdivision of Block 1 Leclaire, a Subdivision of the City of
Edwardsville, Madison County, Illinois, as the same appears in
Plat Book Number 6 Page 19 and which said point being at the
2120 JOURNAL OF THE [March 24, 1999]
Southwest corner of Brown Street and Wolf Street, in said
Edwardsville, Illinois, measure 200.0 feet South 0 degrees 42
minutes East along the said West line of Brown Street to a point
at the Northeast corner of Lot 9 Block 1, said Subdivision of
Block 1 Leclaire, and which said point is the point of beginning
of the tract hereinafter described and conveyed; thence
continuing South 0 degrees 42 minutes East, from said beginning
point, and along the said West line of Brown Street, and its
Southerly extension across the 16.0 foot alley situated between
Lot 9 and Lots 10 and 11, said Block 1, Subdivision of Block 1
Leclaire, for 105.71 feet to a point at the Northeasterly corner
of Lot 10 of the Revised Plat of Lots 9-10-11 and 16 of Block 1
Leclaire, as the same appears in Plat Book Number 7 Page 15:
thence South 69 degrees 04 minutes East, and along a
Southeasterly extension of the said Northeasterly line of said
Lot Number 10 of the said Revised Plat of Lots 9-10-11 and 16,
Block 1 Leclaire, for 13.55 feet to a point 7.5 feet West of,
measured at right angles, to the West line of a 15.0 foot alley
along the West side of Block 1 of Metcalfe Place, an addition to
the said City of Edwardsville, Illinois, and of record in Plat
Book Number 6, Page 1; thence South 0 degrees 50 minutes East,
7.5 feet West of, measured at right angles, and parallel with the
said West line of the 15.0 foot alley along the West side of
Block 1 of said Metcalfe Place, for 67.0 feet; thence North 69
degrees 04 minutes West for 0.54 feet to a point 8.0 feet West
of, measured at right angles, to the said West line of the alley
along the West side of Block 1 Metcalfe Place; thence South 0
degrees 50 minutes East, 8.0 feet West of, measured at right
angles, and parallel with the said West line of the alley along
the West side of Block 1, Metcalfe Place, for 299.87 feet to a
point of curve; thence Southerly and Southwesterly along a curve
to the right, having a radius of 25 feet, and a central angle of
81 degrees 05 minutes, for 35.38 feet, to a point of tangent, and
which said tangent point is 37.0 feet Northwesterly of, measured
at right angles, to the Northwesterly line of Lot 21 of the
Subdivision of Block 1 Leclaire; thence South 80 degrees 15
minutes West, 37.0 feet Northwesterly of, measured at right
angles to, and parallel with the said Northwesterly line of said
Lot 21 of the Subdivision of Block 1 Leclaire, and along the
Northwesterly line of a fifty foot street, without name, for
274.35 feet to a point on the Northeasterly extension of the
Westerly line of the continuation of Hale Avenue and Holyoake
Road in said Leclaire; thence South 21 degrees 11 minutes West
and along the said Northeasterly extension of the continuation of
Hale Avenue and Holyoake Road, in said Leclaire, for 58.01 feet;
thence South 80 degrees 33 minutes West for 243.90 feet; thence
South 35 degrees 01 minutes West for 201.92 feet to a point on
the Easterly line of Troy Road, in said Leclaire; thence North 11
degrees 29 minutes West along the Easterly line of Troy Road for
39.3 feet to a point on the Southeasterly right of way line of
the New York Chicago and St. Louis Railroad (Nickel Plate
Railroad), which said point being 50.0 feet Southeasterly of,
measured at right angles to, the center line of the main track of
the said New York Chicago and St. Louis Railroad; thence North 20
degrees 35 minutes East 50.0 feet Southeasterly of, measured at
right angles to, and parallel with the center line of the said
main track of the New York Chicago and St. Louis Railroad and
also following along the Southeasterly right of way line of said
Railroad, for 676.3 feet; thence South 69 degrees 04 minutes East
for 30.0 feet; thence North 20 degrees 52 minutes East and along
the Southwesterly extension of, and the Northwesterly line of
HOUSE OF REPRESENTATIVES 2121
Lots 11 and 12 of the Subdivision of Block 1 Leclaire, for 179.50
feet to a point at the Northwest corner of Lot 11, said
Subdivision of Block 1 Leclaire; thence south 69 degrees 04
minutes East and along the Northeasterly line of said Lot 11,
Subdivision of Block 1, Leclaire, for 115.84 feet; thence North
21 degrees 47 minutes East and along a Southwesterly extension
of, and along the Northwesterly line of Lot 9 of the Subdivision
of Block 1 Leclaire, for 20.5 feet to a point at the Northwest
corner of said Lot 9, of the Subdivision of Block 1 Leclaire;
thence North 89 degrees 17 minutes East and along the North line
of said Lot 9, of the Subdivision of Block 1 Leclaire, for 210.66
feet to the point of beginning.
(Except coal and other minerals and right to mine and remove
same), in Madison County, Illinois.
Section 30-3. The secretary of the Board of Trustees of Southern
Illinois University shall obtain a certified copy of this Act within
60 days after its effective date and, upon receipt of payment of the
consideration of $1, shall record the certified document in the
Recorder's Office of Madison County, Illinois.
ARTICLE 35.
Section 35-5. Upon the payment to the State of Illinois of an
amount to be negotiated by the parties in interest and according to
the terms of an agreement between the Will County Department of
Highways and the Director of Corrections, the Director of Corrections
is authorized to convey by quitclaim deed to the Will County
Department of Highways all right, title, and interest in and to the
following described land in Will County, Illinois:
That Part of the South Half of Section 29, Township 36 North,
Range 10 East of the Third Principal Meridian, Lockport Township,
Will County, Illinois, described as follows: Beginning at the
Southeast comer of the Southwest Quarter of the above said Section
29; thence westerly along the south boundary of the above said
Southwest Quarter 660.22 feet to the west boundary of the Stateville
Penitentiary; thence northerly 450.00 feet along that boundary;
thence easterly to a point which is 430.01 feet east and 450.00 feet
north of the point of beginning; thence South 450.00 feet to the
south line of the Southeast Quarter of Section 29; thence West and at
a 90 degree angle from the last described course, 430.01 feet to the
point of beginning. Containing 10 acres, more or less. Acreage based
on that portion outside the limits of a 50 foot right of way.
Section 35-10. The Director of Corrections shall obtain a
certified copy of the portions of this Act containing the title, the
enacting clause, the effective date, the appropriate Sections
containing the land descriptions of property to be transferred, and
this Section within 60 days after this Act's effective date and, upon
receipt of payment required by the appropriate Sections, shall record
the certified document in the Recorder's office in the county in
which the land is located.
Article 90.
Section 90-5. The Property Tax Code is amended by changing
Sections 9-195 and adding Section 15-103 as follows:
(35 ILCS 200/9-195)
Sec. 9-195. Leasing of exempt property.
(a) Except as provided in Sections Section 15-55, and 15-100,
and 15-103, when property which is exempt from taxation is leased to
another whose property is not exempt, and the leasing of which does
not make the property taxable, the leasehold estate and the
appurtenances shall be listed as the property of the lessee thereof,
or his or her assignee. Taxes on that property shall be collected in
the same manner as on property that is not exempt, and the lessee
shall be liable for those taxes. However, no tax lien shall attach
2122 JOURNAL OF THE [March 24, 1999]
to the exempt real estate. The changes made by this amendatory Act of
1997 are declaratory of existing law and shall not be construed as a
new enactment. The changes made by Public Acts 88-221 and 88-420
that are incorporated into this Section by this amendatory Act of
1993 are declarative of existing law and are not a new enactment.
(b) The provisions of this Section regarding taxation of
leasehold interests in exempt property do not apply to any leasehold
interest created pursuant to any transaction described in subsection
(b) of Section 15-100 or in Section 15-103.
(Source: P.A. 90-562, eff. 12-16-97.)
(35 ILCS 200/15-103 new)
Sec. 15-103. Bi-State Development Agency.
(a) Property owned by the Bi-State Development Agency of the
Missouri-Illinois Metropolitan District is exempt.
(b) The exemption under this Section is not affected by any
transaction in which, for the purpose of obtaining financing, the
Agency, directly or indirectly, leases or otherwise transfers the
property to another for which or whom property is not exempt and
immediately after the lease or transfer enters into a leaseback or
other agreement that directly or indirectly gives the Agency a right
to use, control, and possess the property. In the case of a
conveyance of the property, the Agency must retain an option to
purchase the property at a future date or, within the limitations
period for reverters, the property must revert back to the Agency.
(c) If the property has been conveyed as described in subsection
(b), the property is no longer exempt under this Section as of the
date when:
(1) the right of the Agency to use, control, and possess
the property is terminated;
(2) the Agency no longer has an option to purchase or
otherwise acquire the property; and
(3) there is no provision for a reverter of the property to
the Agency within the limitations period for reverters.
(d) Pursuant to Sections 15-15 and 15-20 of this Code, the
Agency shall notify the chief county assessment officer of any
transaction under subsection (b). The chief county assessment
officer shall determine initial and continuing compliance with the
requirements of this Section for tax exemption. Failure to notify
the chief county assessment officer of a transaction under this
Section or to otherwise comply with the requirements of Sections
15-15 and 15-20 of this Code shall, in the discretion of the chief
county assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(e) No provision of this Section shall be construed to affect
the obligation of the Agency under Section 15-10 of this Code to file
an annual certificate of status or to notify the chief county
assessment officer of transfers of interest or other changes in the
status of the property as required by this Code.
Section 90-15. The Public Water District Act is amended by
changing Section 26 as follows:
(70 ILCS 3705/26) (from Ch. 111 2/3, par. 212.1)
Sec. 26. Annexation. Any territory which is contiguous to a
public water district organized under this Act and which is not
included in any public water district may be annexed to such
contiguous public water district in the manner provided by this
Section.
A petition, signed by two-thirds of the legal voters residing in
the territory sought to be annexed, or if there are no legal voters
in the territory, a majority of the owners of record of the land in
the territory, and addressed to the circuit court of the county in
which the public water district to which annexation is sought was
HOUSE OF REPRESENTATIVES 2123
organized, requesting that the territory described in the petition be
annexed to such public water district, may be filed with the clerk of
such court. The clerk of such court shall thereupon present such
petition to the court which shall set a time, place and date for a
hearing thereon, which date shall be not less than 20 nor more than
45 days after the date the petition was filed. The court shall give
notice of the time, place and date of the hearing by publication in
one or more newspapers published in the district, and if there is no
such newspaper, in one or more newspapers published in the county and
having a general circulation within the public water district and
within the territory sought to be annexed thereto, which publication
shall be made at least 15 days prior to the date set for the hearing.
(Source: P.A. 83-532.)
Section 90-50. The Code of Civil Procedure is amended by
changing Section 7-103 as follows:
(735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
Sec. 7-103. "Quick-take". This Section applies only to
proceedings under this Article:
(1) by the State of Illinois, the Illinois Toll Highway
Authority or the St. Louis Metropolitan Area Airport Authority
for the acquisition of land or interests therein for highway
purposes;
(2) (blank);
(3) by the Department of Commerce and Community Affairs for
the purpose specified in the Illinois Coal Development Bond Act;
(4) (blank);
(5) for the purpose specified in the St. Louis Metropolitan
Area Airport Authority Act;
(6) for a period of 24 months after May 24, 1996, by the
Southwestern Illinois Development Authority pursuant to the
Southwestern Illinois Development Authority Act;
(7) for a period of 3 years after December 30, 1987, by the
Quad Cities Regional Economic Development Authority (except for
the acquisition of land or interests therein that is farmland, or
upon which is situated a farm dwelling and appurtenant
structures, or upon which is situated a residence, or which is
wholly within an area that is zoned for residential use) pursuant
to the Quad Cities Regional Economic Development Authority Act;
(8) by a sanitary district created under the Metropolitan
Water Reclamation District Act for the acquisition of land or
interests therein for purposes specified in that Act;
(9) by a rail carrier within the time limitations and
subject to the terms and conditions set forth in Section 18c-7501
of the Illinois Vehicle Code;
(10) for a period of 18 months after January 26, 1987, for
the purpose specified in Division 135 of Article 11 of the
Illinois Municipal Code, by a commission created under Section 2
of the Water Commission Act of 1985;
(11) by a village containing a population of less than
15,000 for the purpose of acquiring property to be used for a
refuse derived fuel system designed to generate steam and
electricity, and for industrial development that will utilize
such steam and electricity, pursuant to Section 11-19-10 of the
Illinois Municipal Code;
(12) after receiving the prior approval of the City
Council, by a municipality having a population of more than
500,000 for the purposes set forth in Section 11-61-1a and
Divisions 74.2 and 74.3 of Article 11 of the Illinois Municipal
Code, and for the same purposes when established pursuant to home
rule powers;
(13) by a home rule municipality, after a public hearing
2124 JOURNAL OF THE [March 24, 1999]
held by the corporate authorities or by a committee of the
corporate authorities and after approval by a majority of the
corporate authorities, within an area designated as an enterprise
zone by the municipality under the Illinois Enterprise Zone Act;
(14) by the Illinois Sports Facilities Authority for the
purpose specified in Section 12 of the Illinois Sports Facilities
Authority Act;
(15) by a municipality having a population of more than
2,000,000 for the purpose of acquiring the property described in
Section 3 of the Sports Stadium Act;
(16) for a period of 18 months after July 29, 1986, in any
proceeding by the Board of Trustees of the University of Illinois
for the acquisition of land in Champaign County or interests
therein as a site for a building or for any educational purpose;
(17) for a period of 2 years after July 1, 1990, by a home
rule municipality and a county board, upon approval of a majority
of the corporate authorities of both the county board and the
municipality, within an area designated as an enterprise zone by
the municipality and the county board through an
intergovernmental agreement under the Illinois Enterprise Zone
Act, when the purpose of the condemnation proceeding is to
acquire land for the construction of an industrial harbor port,
and when the total amount of land to be acquired for that purpose
is less than 75 acres and is adjacent to the Illinois River;
(18) by an airport authority located solely within the
boundaries of Madison County, Illinois, and which is organized
pursuant to the provisions of the Airport Authorities Act, (i)
for the acquisition of 160 acres, or less, of land or interests
therein for the purposes specified in that Act which may be
necessary to extend, mark, and light runway 11/29 for a distance
of 1600 feet in length by 100 feet in width with parallel
taxiway, to relocate and mark County Highway 19, Madison County,
known as Moreland Road, to relocate the instrument landing system
including the approach lighting system and to construct
associated drainage, fencing and seeding required for the
foregoing project and (ii) for a period of 6 months after
December 28, 1989, for the acquisition of 75 acres, or less, of
land or interests therein for the purposes specified in that Act
which may be necessary to extend, mark and light the south end of
runway 17/35 at such airport;
(19) by any unit of local government for a permanent
easement for the purpose of maintaining, dredging or cleaning the
Little Calumet River;
(20) by any unit of local government for a permanent
easement for the purpose of maintaining, dredging or cleaning the
Salt Creek in DuPage County;
(21) by St. Clair County, Illinois, for the development of
a joint use facility at Scott Air Force Base;
(22) by the Village of Summit, Illinois, to acquire land
for a waste to energy plant;
(23) for a period of 15 months after September 7, 1990, by
the Department of Transportation or by any unit of local
government under the terms of an intergovernmental cooperation
agreement between the Department of Transportation and the unit
of local government for the purpose of developing aviation
facilities in and around Chanute Air Force Base in Champaign
County, Illinois;
(24) for a period of 1 year after December 12, 1990, by the
City of Morris for the development of the Morris Municipal
Airport;
(25) for a period of 1 year after June 19, 1991, by the
HOUSE OF REPRESENTATIVES 2125
Greater Rockford Airport Authority for airport expansion
purposes;
(26) for a period of 24 months after June 30, 1991, by the
City of Aurora for completion of an instrument landing system and
construction of an east-west runway at the Aurora Municipal
Airport;
(27) for the acquisition by the Metropolitan Pier and
Exposition Authority of property described in subsection (f) of
Section 5 of the Metropolitan Pier and Exposition Authority Act
for the purposes of providing additional grounds, buildings, and
facilities related to the purposes of the Metropolitan Pier and
Exposition Authority;
(28) for a period of 24 months after March 1, 1992, by the
Village of Wheeling and the City of Prospect Heights, owners of
the Palwaukee Municipal Airport, to allow for the acquisition of
right of way to complete the realignment of Hintz Road and Wolf
Road;
(29) for a period of one year from the effective date of
this amendatory Act of 1992, by the Bloomington-Normal Airport
Authority for airport expansion purposes;
(30) for a period of 24 months after September 10, 1993, by
the Cook County Highway Department and Lake County Department of
Transportation to allow for the acquisition of necessary
right-of-way for construction of underpasses for Lake-Cook Road
at the Chicago Northwestern Railroad crossing, west of Skokie
Boulevard, and the Chicago, Milwaukee, St. Paul and Pacific
Railroad crossing, west of Waukegan Road;
(31) for a period of one year after December 23, 1993, by
the City of Arcola and the City of Tuscola for the development of
the Arcola/Tuscola Water Transmission Pipeline Project pursuant
to the intergovernmental agreement between the City of Arcola and
the City of Tuscola;
(32) for a period of 24 months from December 23, 1993, by
the Village of Bensenville for the acquisition of property
bounded by Illinois Route 83 to the west and O'Hare International
Airport to the east to complete a flood control project known as
the Bensenville Ditch;
(33) for a period of 9 months after November 1, 1993, by
the Medical Center Commission for the purpose of acquiring a site
for the Illinois State Police Forensic Science Laboratory at
Chicago, on the block bounded by Roosevelt Road on the north,
Wolcott Street on the east, Washburn Street on the south, and
Damen Avenue on the west in Chicago, Illinois;
(34) for a period of 36 months after July 14, 1995, by
White County for the acquisition of a 3 1/2 mile section of
Bellaire Road, which is described as follows: Commencing at the
Northwest Corner of the Southeast 1/4 of Section 28, Township 6
South, Range 10 East of the 3rd Principal Meridian; thence South
to a point at the Southwest Corner of the Southeast 1/4 of
Section 9, Township 7 South, Range 10 East of the 3rd Principal
Meridian;
(35) for a period of one year after July 14, 1995, by the
City of Aurora for permanent and temporary easements except over
land adjacent to Indian Creek and west of Selmarten Creek located
within the City of Aurora for the construction of Phase II of the
Indian Creek Flood Control Project;
(35.1) for a period beginning June 24, 1995 (the day
following the effective date of Public Act 89-29) and ending on
July 13, 1995 (the day preceding the effective date of Public Act
89-134), by the City of Aurora for permanent and temporary
easements for the construction of Phase II of the Indian Creek
2126 JOURNAL OF THE [March 24, 1999]
Flood Control Project;
(36) for a period of 6 years from July 14, 1995, by the
Grand Avenue Railroad Relocation Authority for the Grand Avenue
Railroad Grade Separation Project within the Village of Franklin
Park, Illinois;
(37) for a period of 3 years after July 14, 1995, by the
Village of Romeoville for the acquisition of rights-of-way for
the 135th Street Bridge Project, lying within the South 1/2 of
Section 34, Township 37 North, Range 10 East and the South 1/2 of
Section 35, Township 37 North, Range 10 East of the Third
Principal Meridian, and the North 1/2 of Section 2, Township 36
North, Range 10 East and the North 1/2 of Section 3, Township 36
North, Range 10 East of the 3rd Principal Meridian, in Will
County, Illinois;
(37.1) for a period of 3 years after June 23, 1995, by the
Illinois Department of Transportation for the acquisition of
rights-of-way for the 135th Street Bridge Project between the Des
Plaines River and New Avenue lying within the South 1/2 of
Section 35, Township 37 North, Range 10 East of the Third
Principal Meridian and the North 1/2 of Section 2, Township 36
North, Range 10 East of the 3rd Principal Meridian, in Will
County, Illinois;
(38) for a period beginning June 24, 1995 (the day after
the effective date of Public Act 89-29) and ending 18 months
after July 14, 1995 (the effective date of Public Act 89-134), by
the Anna-Jonesboro Water Commission for the acquisition of land
and easements for improvements to its water treatment and storage
facilities and water transmission pipes;
(39) for a period of 36 months after July 14, 1995, by the
City of Effingham for the acquisition of property which is
described as follows:
Tract 1:
Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO THE TOWN
(NOW CITY) OF EFFINGHAM (reference made to Plat thereof recorded
in Book "K", Page 769, in the Recorder's Office of Effingham
County), situated in the City of Effingham, County of Effingham
and State of Illinois.
Tract 2:
The alley lying South and adjoining Tract 1, as vacated by
Ordinance recorded on July 28, 1937 in Book 183, Page 465, and
all right, title and interest in and to said alley as established
by the Contract for Easement recorded on August 4, 1937 in Book
183, Page 472;
(40) for a period of one year after July 14, 1995, by the
Village of Palatine for the acquisition of property located along
the south side of Dundee Road between Rand Road and Hicks Road
for redevelopment purposes;
(41) for a period of 6 years after July 1, 1995, for the
acquisition by the Medical Center District of property described
in Section 3 of the Illinois Medical District Act within the
District Development Area as described in Section 4 of that Act
for the purposes set forth in that Act;
(41.5) for a period of 24 months after June 21, 1996 by the
City of Effingham, Illinois for acquisition of property for the
South Raney Street Improvement Project Phase I;
(42) for a period of 3 years after June 21, 1996, by the
Village of Deerfield for the acquisition of territory within the
Deerfield Village Center, as designated as of that date by the
Deerfield Comprehensive Plan, with the exception of that area
north of Jewett Park Drive (extended) between Waukegan Road and
the Milwaukee Railroad Tracks, for redevelopment purposes;
HOUSE OF REPRESENTATIVES 2127
(43) for a period of 12 months after June 21, 1996, by the
City of Harvard for the acquisition of property lying west of
Harvard Hills Road of sufficient size to widen the Harvard Hills
Road right of way and to install and maintain city utility
services not more than 200 feet west of the center line of
Harvard Hills Road;
(44) for a period of 5 years after June 21, 1996, by the
Village of River Forest, Illinois, within the area designated as
a tax increment financing district when the purpose of the
condemnation proceeding is to acquire land for any of the
purposes contained in the River Forest Tax Increment Financing
Plan or authorized by the Tax Increment Allocation Redevelopment
Act, provided that condemnation of any property zoned and used
exclusively for residential purposes shall be prohibited;
(45) for a period of 18 months after June 28, 1996, by the
Village of Schaumburg for the acquisition of land, easements, and
aviation easements for the purpose of a public airport in Cook
and DuPage Counties; provided that if any proceedings under the
provisions of this Article are pending on that date, "quick-take"
may be utilized by the Village of Schaumburg;
(46) for a period of one year after June 28, 1996, by the
City of Pinckneyville for the acquisition of land and easements
to provide for improvements to its water treatment and storage
facilities and water transmission pipes, and for the construction
of a sewerage treatment facility and sewerage transmission pipes
to serve the Illinois Department of Corrections Pinckneyville
Correctional Facility;
(47) for a period of 6 months after June 28, 1996, by the
City of Streator for the acquisition of property described as
follows for a first flush basin sanitary sewer system:
Tract 5: That part of lots 20 and 21 in Block 6 in
Moore and Plumb's addition to the city of Streator,
Illinois, lying south of the right of way of the switch
track of the Norfolk and Western Railroad (now abandoned) in
the county of LaSalle, state of Illinois;
Tract 6: That part of lots 30, 31 and 32 in Block 7 in
Moore and Plumb's Addition to the city of Streator,
Illinois, lying north of the centerline of Coal Run Creek
and south of the right of way of the switch track of the
Norfolk and Western Railroad (now abandoned) in the county
of LaSalle, state of Illinois;
(48) for a period of 36 months after January 16, 1997, by
the Bi-State Development Agency of the Missouri-Illinois
Metropolitan District for the acquisition of rights of way and
related property necessary for the construction and operation of
the MetroLink Light Rail System, beginning in East St. Louis,
Illinois, and terminating at Mid America Airport, St. Clair
County, Illinois;
(49) for a period of 2 years after January 16, 1997, by the
Village of Schaumburg for the acquisition of rights-of-way,
permanent easements, and temporary easements for the purpose of
improving the Roselle Road/Illinois Route 58/Illinois Route 72
corridor, including rights-of-way along Roselle Road, Remington
Road, Valley Lake Drive, State Parkway, Commerce Drive, Kristin
Circle, and Hillcrest Boulevard, a permanent easement along
Roselle Road, and temporary easements along Roselle Road, State
Parkway, Valley Lake Drive, Commerce Drive, Kristin Circle, and
Hillcrest Boulevard, in Cook County;
(50) (blank);
(51) for a period of 12 months after July 25, 1997, by the
Village of Bloomingdale for utility relocations necessitated by
2128 JOURNAL OF THE [March 24, 1999]
the Lake Street Improvement Project on Lake Street between Glen
Ellyn Road and Springfield Drive in the Village of Bloomingdale;
(52) for a period of 36 months after July 25, 1997, by the
City of Freeport, owners of the Freeport Albertus Municipal
Airport, to allow for acquisition of any land, rights, or other
property lying between East Lamm Road and East Borchers Road to
complete realignment of South Hollywood Road and to establish the
necessary runway safety zone in accordance with Federal Aviation
Administration and Illinois Department of Transportation design
criteria;
(53) for a period of 3 years after July 1, 1997, by the
Village of Elmwood Park to be used only for the acquisition of
commercially zoned property within the area designated as the Tax
Increment Redevelopment Project Area by ordinance passed and
approved on December 15, 1986, as well as to be used only for the
acquisition of commercially zoned property located at the
northwest corner of North Avenue and Harlem Avenue and
commercially zoned property located at the southwest corner of
Harlem Avenue and Armitage Avenue for redevelopment purposes, as
set forth in Division 74.3 of Article 11 of the Illinois
Municipal Code;
(54) for a period of 3 years after July 25, 1997, by the
Village of Oak Park for the acquisition of property located along
the south side of North Avenue between Austin Boulevard and
Harlem Avenue or along the north and south side of Harrison
Street between Austin Boulevard and Elmwood Avenue, not including
residentially zoned properties within these areas, for commercial
redevelopment goals;
(54.1) for a period of 3 years after August 14, 1997, by
the Village of Oak Park for the acquisition of property within
the areas designated as the Greater Downtown Area Tax Increment
Financing District, the Harlem/Garfield Tax Increment Financing
District, and the Madison Street Tax Increment Financing
District, not including residentially zoned properties within
these areas, for commercial redevelopment goals;
(54.2) for a period of 3 years after August 14, 1997, by
the Village of Oak Park for the acquisition of property within
the areas designated as the North Avenue Commercial Strip and the
Harrison Street Business Area, not including residentially zoned
properties within these areas, for commercial redevelopment
goals;
(55) for a period of 3 years after August 14, 1997 by the
Village of Morton Grove, within the area designated as the
Waukegan Road Tax Increment Financing District to be used only
for acquiring commercially zoned properties located on Waukegan
Road for tax increment redevelopment projects contained in the
redevelopment plan for the area;
(56) For a period of 2 years after August 14, 1997, by the
Village of Rosemont for the acquisition of the property described
as Tract 1, and the acquisition of any leasehold interest of the
property described as Tract 2, both described as follows:
Tract 1
PARCEL 1:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS MEASURED
AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHWEST 1/4 WITH A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4 (THE WEST LINE OF SAID SOUTHWEST 1/4 HAVING AN
HOUSE OF REPRESENTATIVES 2129
ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
FOR THIS LEGAL DESCRIPTION); THENCE NORTH 00 DEGREES 00 MINUTES
00 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 427.26
FEET TO A POINT FOR A PLACE OF BEGINNING; THENCE CONTINUING
NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID LAST
DESCRIBED PARALLEL LINE, 251.92 FEET; THENCE NORTH 45 DEGREES 00
MINUTES 00 SECONDS EAST, 32.53 FEET; THENCE NORTH 90 DEGREES 00
MINUTES 00 SECONDS EAST, 53.70 FEET; THENCE SOUTH 72 DEGREES 34
MINUTES 18 SECONDS EAST, 149.63 FEET; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST, 230.11 FEET; THENCE SOUTH 90 DEGREES 00
MINUTES 00 SECONDS WEST, 219.46 FEET, TO THE POINT OF BEGINNING
IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 41 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF A LINE 50.00 FEET, AS MEASURED
AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHWEST 1/4 WITH A LINE 484.69 FEET, AS MEASURED AT RIGHT
ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4 (THE WEST LINE OF SAID SOUTHWEST 1/4 HAVING AN
ASSUMED BEARING OF NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST
FOR THIS LEGAL DESCRIPTION); THENCE NORTH 00 DEGREES, 00
MINUTES, 00 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL
LINE, 153.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00
SECONDS EAST, 89.18 FEET; THENCE NORTH 00 DEGREES, 00 MINUTES,
00 SECONDS EAST, 48.68 FEET; THENCE NORTH 90 DEGREES, 00
MINUTES, 00 SECONDS EAST, 43.53 FEET; THENCE SOUTH 00 DEGREES,
00 MINUTES, 00 SECONDS EAST, 8.00 FEET; THENCE NORTH 90 DEGREES,
00 MINUTES, 00 SECONDS EAST, 44.23 FEET; THENCE NORTH 45
DEGREES, 00 MINUTES, 00 SECONDS EAST, 60.13 FEET; THENCE NORTH
00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 141.06 FEET TO A POINT
FOR A PLACE OF BEGINNING, SAID POINT BEING 447.18 FEET NORTH AND
704.15 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SAID SECTION 33, AS MEASURED ALONG THE WEST LINE OF SAID
SOUTHWEST 1/4 AND ALONG A LINE AT RIGHT ANGLES THERETO; THENCE
NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST, 280.11 FEET;
THENCE NORTH 72 DEGREES, 34 MINUTES, 18 SECONDS WEST, 149.63
FEET; THENCE SOUTH 90 DEGREES, 00 MINUTES, 00 SECONDS WEST,
53.70 FEET; THENCE SOUTH 45 DEGREES, 00 MINUTES, 00 SECONDS
WEST, 32.53 FEET TO A POINT ON A LINE 484.69 FEET, AS MEASURED
AT RIGHT ANGLES, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST 1/4, SAID POINT BEING 679.18 FEET, AS MEASURED ALONG
SAID PARALLEL LINE, NORTH OF THE AFOREDESCRIBED POINT OF
COMMENCEMENT; THENCE NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS
EAST ALONG SAID LAST DESCRIBED PARALLEL LINE, 158.10 FEET;
THENCE NORTH 39 DEGREES, 39 MINUTES, 24 SECONDS EAST, 27.09 FEET
TO AN INTERSECTION WITH THE SOUTHERLY LINE OF HIGGINS ROAD,
BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY
OF AND PARALLEL WITH THE CENTER LINE OF SAID ROAD; THENCE SOUTH
72 DEGREES, 34 MINUTES, 18 SECONDS EAST ALONG SAID LAST
DESCRIBED SOUTHERLY LINE, 382.55 FEET TO AN INTERSECTION WITH
THE WESTERLY RIGHT OF WAY LINE OF THE MINNEAPOLIS, ST. PAUL AND
SAULT STE. MARIE RAILROAD (FORMERLY THE CHICAGO AND WISCONSIN
RAILROAD); THENCE SOUTH 14 DEGREES, 51 MINUTES, 36 SECONDS EAST
ALONG SAID LAST DESCRIBED WESTERLY LINE, 378.97 FEET; THENCE
SOUTH 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, 260.00 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Generally comprising approximately 3.8 acres along the south
side of Higgins Road, East of Mannheim Road.
Tract 2
2130 JOURNAL OF THE [March 24, 1999]
PARCEL 1:
Any leasehold interest of any portion of the property
legally described as follows:
THAT PART OF THE EAST 8 ACRES OF LOT 2 IN FREDERICK JOSS'S
DIVISION OF LAND IN SECTION 9, TOWNSHIP 40 NORTH, RANGE 12 EAST
OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE NORTH 500 FEET
THEREOF AS MEASURED ON THE EAST LINE) LYING EASTERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID LOT 2, 19.07 FEET WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 73 DEGREES
46 MINUTES 40 SECONDS (AS MEASURED FROM WEST TO SOUTHWEST) WITH
THE AFORESAID NORTH LINE OF LOT 2, A DISTANCE OF 626.69 FEET TO
A POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF
20 DEGREES 58 MINUTES 25 SECONDS (AS MEASURED TO THE LEFT) WITH
A PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92
FEET TO A POINT IN THE SOUTH LINE OF SAID LOT WHICH IS 85.31
FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 2, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PREMISES: THE SOUTH 50 FEET OF
LOT 2 LYING EAST OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A
POINT IN THE SOUTH LINE OF LOT 2, WHICH IS 85.31 FEET WEST OF
THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ON A LINE
WHICH FORMS AN ANGLE OF 85 DEGREES 13 MINUTES 25 SECONDS IN THE
NORTHWEST 1/4 WITH SAID LAST DESCRIBED LINE IN FREDERICK JOSS'S
DIVISION OF LANDS IN THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN.
PARCEL 2:
Plus any rights of ingress and egress which the said holder
of the leasehold interest may have pursuant to the following
described easement:
GRANT OF EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY
GRANT FROM FRACAP SHEET METAL MANUFACTURING COMPANY, INC. TO
JUNE WEBER POLLY DATED NOVEMBER 16, 1970 AND RECORDED APRIL 7,
1971 AS DOCUMENT 21442818 FOR PASSAGEWAY OVER THE EAST 20 FEET
AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF OF THE
NORTH 500 FEET OF THAT PART OF THE EAST 8 ACRES OF LOT 2 IN
FREDERICK JOSS'S DIVISION OF LAND IN SECTION 9, TOWNSHIP 40
NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT
ON THE NORTH LINE OF SAID LOT 2, 19.07 FEET WEST OF THE
NORTHEAST CORNER THEREOF; THENCE SOUTHWESTERLY ALONG A LINE
FORMING AN ANGLE OF 73 DEGREES 46 MINUTES 40 SECONDS (AS
MEASURED FROM WEST TO SOUTHWEST) WITH THE AFORESAID NORTH LINE
OF LOT 2, A DISTANCE OF 626.69 FEET TO A POINT; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 20 DEGREES 58
MINUTES 25 SECONDS (AS MEASURED TO THE LEFT) WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE A DISTANCE OF 721.92 FEET TO A
POINT IN THE SOUTH LINE OF SAID LOT 2, WHICH IS 85.31 FEET WEST
OF THE SOUTHEAST CORNER OF SAID LOT 2, IN COOK COUNTY, ILLINOIS;
(57) for a period of 24 months from August 14, 1997, by the
City of Champaign for the acquisition of land and easements in
and adjacent to the City of Champaign for the improvement of
Windsor Road and Duncan Road and for the construction of the
Boneyard Creek Improvement Project;
(58) for a period of 24 months from July 30, the effective
date of this amendatory Act of 1998, by the City of Rochelle, to
allow the acquisition of easements for the construction and
maintenance of overhead utility lines and poles along a route
within and adjacent to existing roadway easements on Twombley,
Mulford, and Paw Paw roads in Ogle and Lee counties;
(59) For a period of 3 years after July 30, the effective
date of this amendatory Act of 1998, by the Village of
HOUSE OF REPRESENTATIVES 2131
Bolingbrook for acquisition of property within a Regional
Stormwater Detention Project Area, when the purpose of the
condemnation proceeding is to acquire land for one or more of the
following public purposes: drainage, stormwater management, open
space, recreation, improvements for water service and related
appurtenances, or wetland mitigation and banking; the project
area is in Wheatland Township, Will County, bounded generally by
Essington Road, 127th Street, and Kings Road and is more
particularly described as follows: That part of Section 25
Township 37 N Range 9 E of the 3rd Principal Meridian all in
Wheatland Township, Will County, except the Northeast Quarter;
the North 1/2 of the Northwest Quarter; and the Southwest Quarter
of the Southwest Quarter;
(60) for a period of 36 months after July 1, 1998, by the
Village of Franklin Park, for the acquisition for school
purposes, including, but not limited to, school parking lot
purposes, of property bounded on the west by Rose Street, on the
north by Nerbonne Street, on the east by Pearl Street extended
north on Nerbonne Street, and on the south by King Street, except
that no portion used for residential purposes shall be taken;
(61) for a period of 5 years after June 1, 1998 by the
Village of Melrose Park to acquire the following described
property, for the purpose of redeveloping blighted areas:
Golfland
That part of the North half of the South East Quarter of the
South West quarter of Section 35, Township 40 North, Range 12,
East of the Third Principal Meridian, lying Northeast of the
Northeasterly right-of-way line of the Minneapolis, St. Paul and
Sault Ste. Marie Railroad; lying South of a line 443.00 feet
North of and parallel to the South line of the North half of the
South East Quarter of the South West Quarter of Section 35,
aforesaid; and lying west of the West line of the East 490 feet
of the North half of the South East Quarter of the South West
Quarter of Section 35, aforesaid (excepting therefrom the East 50
feet of the North 80 feet thereof and except that part taken and
dedicated for 5th Avenue);
ALSO
That part of the South half of the South East Quarter of the
South West Quarter of Section 35, Township 30 North, Range 12,
East of the Third Principal Meridian, lying Northeast of the
Northeasterly right-of-way line of the Minneapolis, St. Paul and
Sault Ste. Marie Railroad, described as follows: commencing at
the intersection of the West line of the South East Quarter of
the South West Quarter of Section 35, aforesaid, with the North
line of the South half of the South East Quarter of the South
West Quarter of said Section 35; thence East along the
aforementioned North line 67.91 Feet to the point of beginning of
land herein described; thence continue East along said North line
297.59 feet; thence Southwesterly along a line forming an angle
of 17 degrees 41 minutes 34 seconds, measured from West to South
West with last described course, from a distance of 240.84 feet
to a point 100 feet Southeasterly of the point of beginning;
thence Northwesterly 100 feet to the point of beginning; all in
Cook County;
(62) For a period of 3 years after June 1, 1998, by the
Village of Melrose Park to acquire property described as follows
for the purpose of redeveloping blighted areas:
THAT PART OF THE WEST 340 FEET OF THE EAST 1360 FEET OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 39
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
NORTH OF THE CENTERLINE OF DES PLAINES RIVER (EXCEPT THAT PART OF
2132 JOURNAL OF THE [March 24, 1999]
THE WEST 340 FEET OF THE EAST 1360 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF
DES PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 880 FEET SOUTH OF THE
NORTH LINE OF SAID SECTION 2 RUNNING WESTERLY TO A POINT IN THE
WEST LINE OF SAID TRACT WHICH IS 976 FEET SOUTH OF THE NORTH LINE
OF SAID SECTION AND EXCEPT THE NORTH 99.2 FEET AS MEASURED ON THE
WEST LINE AND BY 99.6 FEET AS MEASURED ON THE EAST LINE OF SAID
WEST 340 FEET AND DEDICATED AND CONVEYED TO STATE OF ILLINOIS FOR
ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY, ILLINOIS.
THAT PART OF THE WEST 170 FEET OF THE EAST 1530 FEET OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 39 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF
THE CENTER LINE OF DES PLAINES RIVER. (EXCEPT THAT PART OF THE
WEST 170 FEET OF THE EAST 1530 FEET OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF
DES PLAINES RIVER AND LYING SOUTH OF A LINE DESCRIBED AS
COMMENCING ON THE EAST LINE OF SAID TRACT 976 FEET SOUTH OF THE
NORTH LINE OF SAID SECTION 2, RUNNING WESTERLY TO A POINT IN THE
WEST LINE OF SAID TRACT WHICH IS 1095.50 FEET SOUTH OF THE NORTH
LINE OF SAID SECTION AND EXCEPT THE NORTH 100.00 FEET AS MEASURED
ON THE WEST LINE AND BY 99.2 FEET AS MEASURED ON THE EAST LINE OF
SAID WEST 170 FEET AND DEDICATED AND CONVEYED TO THE STATE OF
ILLINOIS FOR ROAD OR PUBLIC HIGHWAY PURPOSES), IN COOK COUNTY,
ILLINOIS;
(63) for a period of 24 months after July 30, the effective
date of this amendatory Act of 1998 by the City of Peru for
removal of existing residential deed restrictions on the use of
property, and the rights of other property owners in the
subdivision to enforce those restrictions, as they apply to lots
10, 11, 12, 13, 14, 15, and 16 in Urbanowski's Subdivision to the
City of Peru, all of which are owned by the Illinois Valley
Community Hospital and adjacent to the existing hospital
building, for the limited purpose of allowing the Illinois Valley
Community Hospital to expand its hospital facility, including
expansion for needed emergency room and outpatient services;
under this paragraph (62) compensation shall be paid to those
other property owners for the removal of their rights to enforce
the residential deed restrictions on property owned by the
Illinois Valley Community Hospital, but no real estate owned by
those other property owners may be taken;
(64) for a period of 3 years after July 30, the effective
date of this amendatory Act of 1998, by the Village of South
Barrington for the acquisition of land and temporary and
permanent easements for the purposes of construction and
maintenance of sewerage facilities and sewerage transmission
pipes along an area not to exceed 100 feet north of the Northwest
Tollway between Barrington Road and Route 72;
(65) for a period of 18 months after July 30, the effective
date of this amendatory Act of 1998, by the Village of Northlake
for the acquisition of the following described property for
stormwater management and public recreation purposes:
LOT 10 IN BLOCK 7 IN TOWN MANOR SUBDIVISION OF THE NORTH 100
ACRES OF THE NORTH EAST 1/4 OF SECTION 5, TOWNSHIP 39 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
Commonly known as 315 E. Morse Drive, Northlake, Illinois,
60164;
LOT 17 IN BLOCK 2 IN MIDLAND DEVELOPMENT COMPANY'S NORTHLAKE
HOUSE OF REPRESENTATIVES 2133
VILLAGE, A SUBDIVISION OF THE NORTH HALF OF THE NORTHWEST QUARTER
OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN (EXCEPT THE SOUTH 208.7 FEET OF THE WEST 208.7
FEET EAST OF WOLF ROAD OF THE NORTH HALF OF THE NORTHWEST
QUARTER, AFORESAID), IN COOK COUNTY, ILLINOIS.
PIN: 15-05-115-001
Commonly known as 101 S. Wolf Road, Northlake, Illinois,
60164;
(66) for a period of 48 months after July 30, the effective
date of this amendatory Act of 1998, by the City of Carbondale,
for the acquisition of property bounded by the following lines
for the Mill Street Underpass Project (which is part of the
Carbondale Railroad Relocation Project): a line 300 feet west of
the centerline of Thompson Street; a line 100 feet east of the
centerline of Wall Street; a line 700 feet north of the
centerline of College Street; and the centerline of Grand Avenue;
(67) for a period of 3 years after July 30, the effective
date of this amendatory Act of 1998 by the Village of Round Lake
Park in Lake County for acquisition of temporary construction
easements and permanent easement corridors for providing off-site
water and sewer service for the Alter Business Park, generally
described as follows:
Commencing at the Joint Action Water Agency (JAWA) facility
on the south side of Winchester Road (County Route A34) and west
of Midlothian Road, the proposed public water line will be
located in the Winchester Road (County Route A34) right-of-way or
immediately adjacent to the right-of-way from the JAWA facility
west to Illinois State Route 83. The water line will then extend
under Illinois State Route 83 and continue in the Winchester Road
(County Route A34) right-of-way or immediately adjacent to the
right-of-way as it extends westerly from Illinois State Route 83
to the proposed pump station and delivery structure at the most
southerly west property line of the Alter property located south
of Peterson Road (County Route A33) and west of Illinois State
Route 83. Also, the proposed public water line will be located in
the Peterson Road (County Route A33) right-of-way or immediately
adjacent to the right-of-way from Illinois State Route 83 west to
the westerly property line of the Alter property, which property
line lies approximately 2600' west of Alleghany Road (County
Route V68).
The proposed sanitary sewer route will commence at a
location on Fairfield Road (County Route V61) north of Illinois
State Route 134 at the Lake County Interceptor (which ultimately
extends into the Fox Lake Sanitary District System); the route of
the sanitary sewer will continue south of Illinois State Route
134 in the right-of-way of Fairfield Road (County Route V61) or
immediately adjacent thereto from its extension north of Illinois
State Route 134 to its intersection with Townline Road. The
sanitary sewer will then extend east in the right-of-way of
Townline Road or immediately adjacent thereto to its intersection
with Bacon Road. The sanitary sewer will then extend in the Bacon
Road right-of-way line or immediately adjacent thereto continuing
in a southeasterly direction until its intersection with Illinois
State Route 60. The sanitary line will then extend in the
Illinois State Route 60 right-of-way by permit or immediately
adjacent thereto continuing easterly along said right-of-way to
the point of intersection with Peterson Road (County Route A33).
The sanitary line will then continue easterly in the right-of-way
of Peterson Road (County Route A33) or immediately adjacent
thereto to the point of intersection with Alleghany Road (County
Route V68) and then will extend within the Alter property;
2134 JOURNAL OF THE [March 24, 1999]
(68) For a period of 3 years after July 30, the effective
date of this amendatory Act of 1998, by the Village of Rosemont
for redevelopment purposes, including infrastructure
improvements, construction of streets, stormwater facilities, and
drainage areas, and flood plain improvements, for the acquisition
of property described as follows:
That part of the Northwest Quarter and that part of the
Southwest Quarter of Section 3, Township 40 North, Range 12, East
of the Third Principal Meridian, and being more particularly
described as follows:
Beginning at the point of intersection of the west
right-of-way line of River Road (as shown on the plat of
subdivision for Gerhart Huehl Estates Division per document
number 4572711) and the southerly line of Lot 7 in said Gerhart
Huehl Estates Division; thence north 14 degrees 38 minutes 19
seconds west, along the aforesaid west right-of-way of River
Road, to the point of intersection with a line drawn 490.0 feet
south of and parallel to the north line of Lot 3 in the said
Gerhart Huehl Estates Division; thence north 89 degrees 07
minutes 41 seconds west, along the previously described parallel
line 554.77 feet to the point, said point being 540.00 feet east
of the easterly right-of-way line of Schafer Court (Schafer Court
being an unrecorded roadway); thence, north 0 degrees 00 minutes
00 seconds east, 284.12 feet to the point of intersection with
south line of the aforesaid Lot 3 (said south line also being the
north line of Lot 6 in Gerhart Huehl Estates Division); thence
north 89 degrees 04 minutes 45 seconds west, along the said south
line of Lot 3, 478.29 feet to the point of intersection with the
aforesaid easterly right-of-way line of Schafer Court; thence
south 12 degrees 16 minutes 34 seconds west, along the said
easterly right-of-way line, 312.83 feet; thence south 18 degrees
09 minutes 05 seconds west, continuing along the said easterly
right-of-way line, 308.16 feet to the point of intersection with
the northerly right-of-way line of Higgins Road as dedicated per
document number 11056708; thence, north 66 degrees 43 minutes 09
seconds west along said northerly right-of-way line of Higgins
Road to the easterly right-of-way of the Northwest Toll Road;
thence southerly along said easterly right-of-way of the
Northwest Toll Road to the southerly right-of-way of Maple Avenue
extended westerly; thence easterly along said southerly
right-of-way line of Maple Avenue (recorded as Bock Avenue) to
the easterly right-of-way line of Gage Street; thence northerly
along said easterly right-of-way line of Gage Street to the
southerly line of Lot 2 in River Rose Subdivision Unit 2 per
document number 19594706; thence easterly along the southerly
line of said Lot 2 in River Rose Subdivision Unit Number 2 and
said southerly line extended easterly to the easterly
right-of-way line of Glen Lake Drive (as dedicated in River Rose
Subdivision per Document Number 19352146 and dedicated as Willow
Creek Drive); thence southwesterly along said easterly
right-of-way line to the northwest corner of Lot 1 in said River
Rose Subdivision; thence south 59 degrees 08 minutes 47 seconds
east, along the northerly lines of Lots 1 through 13 (both
inclusive) in the said River Rose subdivision, 757.48 feet to the
most northeasterly corner of said Lot 13; thence south 11 degrees
05 minutes 25 seconds west, along the easterly line of said lot
13 in said River Rose Subdivision, 14.08 feet to the northerly
line of Glen J. Nixon's subdivision as per document 19753046;
thence easterly along said northerly line, 237.43 feet to the
westerly right-of-way of said Des Plaines River Road;
Thence southerly along said westerly right-of-way of Des
HOUSE OF REPRESENTATIVES 2135
Plaines River Road to the southerly line of the Northerly 90 feet
of Lot 2 in said Glen J. Nixon's subdivision; thence westerly
along said southerly line to the westerly line of said Glen J.
Nixon's subdivision; thence southerly along the said westerly
line of Glen J. Nixon's subdivision to the southerly right-of-way
of an unrecorded roadway; thence south 70 degrees 43 minutes 16
seconds west, along the southerly line of the unrecorded roadway,
108.23 feet; thence continuing along the southerly right-of-way
of the unrecorded roadway, 95.34 feet along an arc of a circle
whose radius is 110.00 feet and being convex to the south; thence
north 56 degrees 32 minutes 25 seconds west, continuing along the
southerly right-of-way of the said unrecorded roadway, 216.00
feet to the southwest corner of said Glen Lake Drive as dedicated
in the aforesaid River Rose subdivision; thence north 59 degrees
10 minutes 12 seconds west, along the southerly right-of-way of
said Glen Lake Drive, 327.48 feet, to the point of intersection
with east line of Lot 8 in Block 1 in Higgins Road Ranchettes
Subdivision per Document Number 13820089; thence northerly along
the east line of said Lot 8, 97.24 feet to a point; said point
being 66.00 feet south of the northeast corner of said Lot 8;
thence north 89 degrees 36 minutes 54 seconds west, along a line
which is 66.00 feet south of and parallel to the north line of
Lots 3, 4, 5, 6, 7, and 8 in said Higgins Road Ranchettes
Subdivision (said parallel line also being the south line of an
unrecorded street known as Glenlake Street), 621.61 feet to the
point of intersection with the northeasterly right-of-way line of
Toll Road; the next four courses being along the said
northeasterly right-of-way line of the Toll Road; thence south 21
degrees 28 minutes 12 seconds east, 219.81 feet; thence south 34
degrees 29 minutes 34 seconds east, 261.77 feet; thence south 52
degrees 02 minutes 04 seconds east, 114.21 feet; thence south 52
degrees 07 minutes 21 seconds east to the westerly line (extended
northerly) of Lots 83 through 87 inclusive in Frederick H.
Bartlett's River View Estates recorded as Document Number 853426
in Cook County; thence southerly along said westerly line to the
southerly right-of-way line of Thorndale Avenue; thence easterly
along said southerly right-of-way line of Thorndale Avenue 14.65
feet; thence southerly along a line parallel with the said
westerly line of Lots 83 through 87 inclusive and 14.38 feet
easterly, 139.45 feet; thence southwesterly along a line which
ends in the southerly line of said Lot 84 extended westerly,
85.35 feet westerly from the southwest corner of said Lot 84;
thence easterly along said southerly line to the westerly
right-of-way of Des Plaines River Road; thence northerly along
said westerly right-of-way line to the said northerly line of the
Toll Road; thence south 52 degrees 07 minutes 21 seconds east,
along said right-of-way to the centerline of said Des Plaines
River Road; thence south 11 degrees 06 minutes 48 seconds west,
along said centerline, 1.47 feet; thence south 55 degrees 56
minutes 09 seconds east, continuing along the said northeasterly
right-of-way line of the Toll Road (said line also being the
south line of Lot 1 in Rosemont Industrial Center per Document
Number 20066369), 411.98 feet; thence south 61 degrees 51 minutes
06 seconds east, continuing along the said northeasterly
right-of-way line of the Toll Road (said line also being along
the south line of Lots 1, 2, and 5 in said Rosemont Industrial
Center), 599.13 feet to the southeast corner of said Lot 5;
thence north 12 degrees 45 minutes 47 seconds east, along the
east lines of Lots 3 and 5 in said Rosemont Industrial Center,
424.40 feet; thence north 33 degrees 51 minutes 39 seconds east,
along the east lines of Lots 3 and 4 in the said Rosemont
2136 JOURNAL OF THE [March 24, 1999]
Industrial Center, 241.42 feet to the northeast corner of said
Lot 4; thence north 33 degrees 51 minutes 40 seconds east, 189.38
feet to the center of said Section 3; thence north 2 degrees 42
minutes 55 seconds east, along the east line of the northwest
quarter of said Section 3, 375.90 feet to the point of
intersection with the south line of Higgins Road, as widened per
Document Number 11045055; the next three courses being along the
said south right-of-way line of Higgins Road; thence north 64
degrees 30 minutes 51 seconds west, 53.65 feet; thence
northwesterly, 436.47 feet along an arc of a circle whose radius
is 1,482.69 feet and being convex to the southwest; thence north
47 degrees 57 minutes 51 seconds west, 73.57 feet; thence
northeasterly, along an arc of a circle whose radius is 5,679.65
feet and being convex to the northeast, to a point of
intersection of said southerly right-of-way of Higgins Road and
the southeasterly line of the land conveyed to James H. Lomax by
Document Number 1444990; thence northeasterly along said
southeasterly line extended, 197 feet to the center line of the
Des Plaines River; thence north 49 degrees 11 minutes 20 seconds
west 325.90 feet; thence continuing in the said center line of
the Des Plaines River, north 27 degrees 56 minutes 17 seconds
west 370.53 feet; thence north 12 degrees 10 minutes 40 seconds
east, 16.0 feet; thence southwesterly along said southeasterly
line of Lot 7 extended in Gerhart Huehl Estates Division, to said
place of beginning;
Plus,
That part of the West half of the Northwest quarter of
Section 3, Township 40 North, Range 12 East of the Third
Principal Meridian, in Cook County, Illinois, described as
follows:
Beginning at the intersection of the South line of Devon
Avenue with the East line of Shafer Court being a point 281.01
feet East of the West line of the aforementioned West half of the
Northwest quarter of Section 33; thence Southerly along the East
line of said Shafer Court, 193.91 feet to the South line of Lot 3
in Gerhart Huehl Estate Division according to the plat thereof
recorded June 3, 1910, as Document 4572711, being a point 241.74
feet East of the aforementioned West half of the Northwest
quarter of Section 33; thence East along the South line of said
Lot 3, a distance of 508.5 feet to a point 487.69 feet West of
the centerline of River Road; thence continuing easterly along
the last described line as extended to the west line of River
Road; thence northerly along the west line of River Road to the
South line of Devon Avenue; thence westerly along the south line
of Devon Avenue to the point of beginning;
Plus,
That part of the Southwest quarter of Section 3, Township 40
North, Range 12 East of the Third Principal Meridian, in Cook
County, Illinois, described as follows:
Beginning at the Southeast corner of Rosemont Industrial
Center, being a subdivision recorded February 17, 1967 as
Document 20066369; thence Northwesterly along the South line of
Rosemont Industrial Center aforesaid, and said South line
extended to the Westerly line of River Road to the South; thence
Southwesterly along said Westerly line, to the North line of
Interstate 290; thence Easterly along said North line, to the
West line of property owned by the Forest Preserve; thence along
and then Northerly along the irregular West line of property
owned by the Forest Preserve and extended across the Interstate
290 right-of-way, to the point of beginning;
Plus,
HOUSE OF REPRESENTATIVES 2137
The Northerly 90 feet of Lot 2 in Glen J. Nixon's
Subdivision of part of Lot 15 in Assessor's Division of part of
Section 3, Township 40 North, Range 12, East of the Third
Principal Meridian, according to the plat thereof recorded March
1, 1966 as Document 19753046, in Cook County, Illinois, (except
therefrom that part used for River Road), all in Cook County.
PLUS,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 3 TOWNSHIP 40
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPLE MERIDIAN, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY
RIGHT-OF-WAY LINE OF THE NORTHWEST TOLL ROAD AND THE SOUTHERLY
RIGHT-OF-WAY LINE OF MAPLE AVENUE EXTENDED WESTERLY; THENCE
EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF MAPLE AVENUE
(RECORDED AS BOCK AVENUE) TO THE EASTERLY RIGHT-OF-WAY LINE OF
GAGE STREET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY
LINE OF GAGE STREET TO THE SOUTHERLY LINE OF LOT 2 IN RIVER ROSE
SUBDIVISION UNIT 2 PER DOCUMENT NUMBER 19594706; THENCE EASTERLY
ALONG THE SOUTHERLY LINE OF SAID LOT 2 IN RIVER ROSE SUBDIVISION
UNIT NUMBER 2 AND SAID SOUTHERLY LINE EXTENDED EASTERLY TO THE
EASTERLY RIGHT-OF-WAY LINE OF GLEN LAKE DRIVE (AS DEDICATED IN
RIVER ROSE SUBDIVISION PER DOCUMENT NUMBER 19352146 AND DEDICATED
AS WILLOW CREEK DRIVE); THENCE SOUTHWESTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN SAID RIVER
ROSE SUBDIVISION; THENCE SOUTHEASTERLY ALONG THE NORTHERLY LINE
OF SAID LOT 1 IN SAID RIVER ROSE SUBDIVISION, 86.0 FEET TO THE
NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE
EASTERLY LINE OF SAID LOT 1, 120.0 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF
SAID LOT 1 AND THE NORTHERLY RIGHT-OF-WAY LINE OF RIVER ROSE
STREET (AS DEDICATED IN RIVER ROSE SUBDIVISION PER DOCUMENT
NUMBER 19352146), 34.3 FEET TO THE INTERSECTION OF THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID RIVER ROSE STREET AND THE EASTERLY LINE
OF SAID WILLOW CREEK DRIVE, ALSO BEING THE SOUTHWEST CORNER OF
SAID LOT 1; THENCE SOUTHEASTERLY ALONG THE EASTERLY RIGHT-OF-WAY
LINE OF SAID WILLOW CREEK DRIVE TO THE MOST SOUTHWESTERLY CORNER
OF LOT 27 IN SAID RIVER ROSE SUBDIVISION; THENCE SOUTHWESTERLY TO
THE INTERSECTION OF THE NORTHWESTERLY CORNER OF LOT "B" IN SAID
RIVER ROSE SUBDIVISION WITH THE EAST LOT LINE OF LOT 8 IN BLOCK 1
IN HIGGINS ROAD RANCHETTES SUBDIVISION PER DOCUMENT NUMBER
13820089; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 8,
97.24 FEET TO A POINT; SAID POINT BEING 66.00 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID LOT 8; THENCE WESTERLY, ALONG A LINE
WHICH IS 66.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF
LOTS 3, 4, 5, 6, 7, AND 8 IN SAID HIGGINS ROAD RANCHETTES
SUBDIVISION AND THEN WESTERLY THEREOF (SAID PARALLEL LINE ALSO
BEING THE SOUTH LINE OF AN UNRECORDED STREET KNOWN AS GLENLAKE
STREET), TO THE POINT OF INTERSECTION WITH THE EASTERLY
RIGHT-OF-WAY LINE OF THE AFORESAID NORTHWEST TOLL ROAD; THENCE
NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID
NORTHWEST TOLL ROAD TO THE POINT OF BEGINNING;
AREA 1:
That part of the South West Quarter of Section 33, Township
41 North, Range 12 East of the third Principal Meridian, lying
North of a line 575 feet north (measured at 90 degrees) of the
South line of said South West Quarter, lying West of a line
451.45 feet East (measured at 90 degrees) of the West line of
said South West Quarter and South of the center line of Higgins
Road (except parts taken or used for highway purposes, including
the land taken by condemnation in Case No. 65 L 8179 Circuit
Court of Cook County, Illinois, described as follows: That part
2138 JOURNAL OF THE [March 24, 1999]
of the South West Quarter of Section 33, Township 41 North, Range
12 East of the Third Principal Meridian, bounded and described as
follows: Beginning at a point of intersection of the center line
of Higgins Road, as now located and established with the West
line of the South West Quarter of said Section 33; thence South
along said West line of the South West Quarter of said Section, a
distance of 560.2 feet to a point in the North line of the South
575.0 feet of said South West Quarter of said Section 33; thence
East along said North line of the South 575.0 feet of the South
West Quarter of said Section 33, a distance of 45.0 feet to a
point; thence Northeasterly in a straight line a distance of
179.27 feet to a point, distance 50.0 feet East, measured at
right angles from the West line of the South West Quarter of said
Section 33; thence Northeasterly in a straight line a distance of
187.38 feet to a point, distant 62.0 feet East, measured at right
angles from said West line of the South West Quarter of said
Section 33; thence North parallel with the said West line of the
South West Quarter of said Section 33 a distance of 44.74 feet to
a point of curvature; thence Northeasterly along a curved line,
concave to the Southeast, having a radius of 50.0 feet and a
central angle of 107 degrees 28 minutes, a distance of 93.73 feet
to a point of tangency, distant 50.0 feet Southwest measured at
right angles from the center line of Higgins Road; thence
Southeasterly parallel with the center line of Higgins Road, a
distance of 345.09 feet to a point on a line distant, 16.0 feet
west of the east line of the west 467.34 feet of the South West
Quarter of said Section 33; thence North in a straight line a
distance of 58.71 feet to a point on said center line of Higgins
Road; thence Northwesterly along said center line of Higgins Road
a distance of 478.23 feet to the place of beginning) in Cook
County, Illinois.
AREA 2:
That part of the South West 1/4 of Section 33, Township 41
North, Range 12, East of the Third Principal Meridian, lying West
of the West Right of Way Line of the Minneapolis, St. Paul and
Sault Ste. Marie Railroad (formerly the Chicago and Wisconsin
Railroad) and South of the center line of Higgins Road (except
therefrom the South 200 feet of the West 467.84 feet of said
South West 1/4 and also excepting therefrom that part of said
South West 1/4 lying North of the North line of the South 575
feet of said South West 1/4 and West of a line 16 feet West of
and parallel with the West line of the Tract of land described in
a Deed dated May 22, 1929, and recorded July 9, 1929, as Document
Number 10422646 (the Tract described in said Deed being the East
10 acres of that part of the South West 1/4 of Section 33,
Township 41 North, Range 12, East of the Third Principal
Meridian, lying South of the Center line of Higgins Road and West
of the West line extended North to the center of said Higgins
Road of the East 20.62 chains of the North West 1/4 of Section 4,
Township 40 North, Range 12, East of the Third Principal Meridian
(excepting therefrom the right of way of the Minneapolis, St.
Paul and Sault Ste. Marie Railroad, formerly the Chicago and
Wisconsin Railroad) and also excepting the South 50 feet of the
said South West 1/4 lying East of the West 467.84 feet thereof)
and also excepting that portion of the land condemned for the
widening of Higgins Road and Mannheim Road in Case Number 65
L7109, in Cook County, Illinois.
AREA 3:
The North 150 feet of the South 200 feet of that part of the
South West 1/4 of Section 33, Township 41 North, Range 12 East of
the Third Principal Meridian (except the East 10 acres conveyed
HOUSE OF REPRESENTATIVES 2139
by George Deamantopulas and others, to Krowka by Document
10422646) lying South of the Center of Higgins Road (so called)
and West of the West line extended North to center of Higgins
Road of East 20.62 chains in the North West 1/4 of Section 4,
Township 40 North, Range 12 East of the Third Principal Meridian
(except the Right of Way of Chicago and Wisconsin Railroad) in
Cook County, Illinois.
AREA 4:
That part of the Southwest quarter of Section 33, Township
41 North, Range 12 East of the Third Principal Meridian, in Cook
County, Illinois, described as follows:
Beginning at the intersection of the South line of the
Southwest quarter of Section 33 aforesaid with the West line,
extended South, of Lot 7 in Frederick H. Bartlett's Higgins Road
Farms, being a subdivision recorded December 8, 1938 as Document
12246559; thence North along the aforementioned West line of Lot
7, to the center line of Higgins Road; thence Westerly along the
center line of Higgins Road, to the Westerly right-of-way line of
the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence
Southerly along said Westerly right-of-way line, to the South
line of the Southwest quarter of Section 33 aforesaid; thence
East along said South line to the point of beginning.
Area 5
The North 195.00 feet of the west 365.67 feet of the West
1/2 of the Northeast 1/4 of Section 4, Township 40 North, Range
12 East of the Third Principal Meridian.
And also
The north 50.00 feet of the East 1/2 of the Northwest 1/4 of
said Section 4 (except that part lying westerly of the easterly
right-of-way line of the Wisconsin Central Railroad, formerly
known as the Minneapolis, St. Paul and Sault Ste. Marie
Railroad), the east 40.00 feet of the north 195.00 feet except
the north 50.00 feet thereof of said East 1/2, and all that part
of said East 1/2 described as follows: Beginning at the
northwest corner of Origer and Davis' Addition to Rosemont, being
a subdivision of part of said 1/4 Section according to the plat
thereof recorded May 27, 1963 as Document Number 18807143, in
Cook County, Illinois; thence westerly along the northerly line
of said Subdivision extended westerly to said easterly Railroad
right-of-way line; thence northwesterly along said right-of-way
line to the southerly line of north 50.00 feet of said 1/4
Section; thence easterly along said southerly line to the
easterly right-of-way line of Kirschoff Avenue; thence southerly
along said right-of-way line to its intersection with the
southerly line of Schullo's Resubdivision extended easterly, said
Resubdivision being a Resubdivision of part of said 1/4 section
according to the plat thereof recorded June 17, 1960 as Document
Number 17885160 in Cook County, Illinois; thence westerly along
said southerly line extended and said southerly line to the
southwest corner of said Resubdivision; thence northwesterly
along the westerly line of said Resubdivision to the northwest
corner thereof; thence westerly along the northerly line of said
Resubdivision extended westerly to a line parallel with and 40.00
feet easterly of the easterly right-of-way line of said Railroad;
thence northwesterly along said parallel line to said point of
beginning.
And also
That part of the Southwest 1/4 of Section 33, Township 41
North, Range 12 East of the Third Principal Meridian lying
southerly of the centerline of Higgins Road and easterly of a
north line parallel to the south line of said 1/4 Section,
2140 JOURNAL OF THE [March 24, 1999]
beginning 565.84 feet west of the northeast corner of the
Northwest 1/4 of Section 4, Township 40 North, Range 12 East of
the Third Principal Meridian all in Cook County, Illinois.
That part of the Southwest quarter of Section 3, the
Southeast quarter of Section 4, the Northeast quarter of Section
9, and the Northwest quarter of Section 10, Township 40 North,
Range 12 East of the Third Principal Meridian, in the Village of
Rosemont, Cook County, Illinois, described as follows:
Beginning in the West half of the Northeast quarter of
Section 9 aforesaid, at the intersection of the South line of
61st Street with the Easterly right of way line of the
Minneapolis, St. Paul and Sault Ste. Marie Railroad right-of-way;
thence East along the South line of 61st Street and its Easterly
extension, to the East line of Pearl Street; thence North along
the East line of Pearl Street to the South line of 62nd Street;
thence East along the South line of 62nd Street to the Westerly
right-of-way line of the Illinois State Toll Road; thence
Southerly along the Westerly right-of-way line of the Toll Road
to a point on a Westerly extension of the South line of Allen
Avenue; thence East along said Westerly extension, and along the
South line of Allen Avenue to the West line of Otto Avenue;
thence South along the West line of Otto Avenue to a point on a
Westerly extension of the North line of the South 30 feet of Lot
12 in First Addition to B.L. Carlsen's Industrial Subdivision,
being a Resubdivision in the Northeast quarter of Section 9
aforesaid, according to the plat thereof recorded March 5, 1962
as Document 18416079; thence East along said Westerly extension,
and along the aforementioned North line of the South 30 feet of
Lot 12, to the East line of Lot 12; thence North along the East
line of Lot 12, being also the East line of the Northeast quarter
of Section 9, to the North line of Owner's Division of parts of
Lots 4 and 5 of Henry Hachmeister's Division, in the Northwest
quarter of Section 10, aforesaid, according to the plat thereof
recorded April 25, 1949 as Document 14539019; thence East along
the North line of said Owner's Division to the West line of Lot 3
in said Owner's Division; thence South along the West line of Lot
3 to the Southwest corner thereof; thence East along the South
line of Lot 3 to the Northwest corner of Lot 4 in said Owner's
Division; thence South along the West line of Lot 4 to the
Southwest corner thereof; thence East along the South line of Lot
4, and said South line extended Easterly, to the Easterly right
of way line of River Road; thence Northerly along the Easterly
line of River Road to the South line of Crossroads Industrial
Park, being a Subdivision in the Northwest quarter of Section 10
aforesaid, according to the plat thereof recorded August 8, 1957
as Document 16980725; thence East along the South line of said
Crossroads Industrial Park to the Southeast corner thereof;
thence Northeasterly along the Easterly line of said Crossroads
Industrial Park, and said Easterly line extended, to the North
line of Bryn Mawr Avenue, in the Southwest quarter of Section 3
aforesaid; thence Northerly along the Westerly line of the Forest
Preserve District of Cook County, to the Southerly right-of-way
line of the Kennedy Expressway, thence west along and following
the southerly right-of-way line of the Kennedy Expressway to the
Easterly right-of-way line of the Minneapolis, St. Paul, and
Sault Ste. Marie Railroad right-of-way; thence Southeasterly
along said Easterly right-of-way line to the point of beginning;
AND ALSO, THAT PART OF THE NORTHEAST QUARTER OF SECTION 9
AND THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 40 NORTH, RANGE
12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE VILLAGE OF
ROSEMONT, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
HOUSE OF REPRESENTATIVES 2141
BEGINNING IN THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 9 AFORESAID, AT THE INTERSECTION OF THE SOUTH LINE OF
61ST STREET WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE
MINNEAPOLIS, ST. PAUL AND ST. STE. MARIE RAILROAD RIGHT-OF-WAY;
THENCE EAST ALONG THE SOUTH LINE OF 61ST STREET AND ITS EASTERLY
EXTENSION, TO THE EAST LINE OF PEARL STREET; THENCE NORTH ALONG
THE EAST LINE OF PEARL STREET TO THE SOUTH LINE OF 62ND STREET;
THENCE EAST ALONG THE SOUTH LINE OF 62ND STREET TO THE WESTERLY
RIGHT-OF-WAY LINE OF THE ILLINOIS STATE TOLL ROAD; THENCE
SOUTHERLY, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF THE TOLL ROAD
TO A POINT ON A WESTERLY EXTENSION OF THE SOUTH LINE OF ALLEN
AVENUE; THENCE EAST ALONG SAID WESTERLY EXTENSION, AND ALONG THE
SOUTH LINE OF ALLEN AVENUE TO THE WEST LINE OF OTTO AVENUE;
THENCE SOUTH ALONG THE WEST LINE OF OTTO AVENUE TO A POINT ON A
WESTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 30 FEET OF LOT
12 IN FIRST ADDITION TO B.L. CARLSEN'S INDUSTRIAL SUBDIVISION,
BEING A RESUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 9
AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 5, 1962
AS DOCUMENT 18416079; THENCE EAST ALONG SAID WESTERLY EXTENSION,
AND ALONG THE AFOREMENTIONED NORTH LINE OF THE SOUTH 30 FEET OF
LOT 12, TO THE EAST LINE OF LOT 12; THENCE NORTH ALONG THE EAST
LINE OF LOT 12, BEING ALSO THE EAST LINE OF THE NORTHEAST QUARTER
OF SECTION 9, TO THE NORTH LINE OF OWNER'S DIVISION OF PARTS OF
LOTS 4 AND 5 OF HENRY HACHMEISTER'S DIVISION, IN THE NORTHWEST
QUARTER OF SECTION 10, AFORESAID, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 25, 1949 AS DOCUMENT 14539019; THENCE EAST ALONG
THE NORTH LINE OF SAID OWNER'S DIVISION TO THE WEST LINE OF LOT 3
IN SAID OWNER'S DIVISION; THENCE SOUTH ALONG THE WEST LINE OF LOT
3 TO THE SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH
LINE OF LOT 3 TO THE NORTHWEST CORNER OF LOT 4 IN SAID OWNER'S
SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF LOT 4 TO THE
SOUTHWEST CORNER THEREOF; THENCE EAST ALONG THE SOUTH LINE OF LOT
4, AND SAID SOUTH LINE EXTENDED EASTERLY, TO THE EASTERLY
RIGHT-OF-WAY LINE OF RIVER ROAD; THENCE SOUTHEASTERLY ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF SAID RIVER ROAD TO A POINT BEING
198.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF LOT 5
EXTENDED EASTERLY, IN HENRY HACHMEISTER'S DIVISION PER DOCUMENT
NUMBER 4183101; THENCE WESTERLY, ALONG A LINE WHICH IS 198.00
FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 5 IN
HENRY HACHMEISTER'S DIVISION, TO THE NORTHWEST CORNER OF LOT 6 IN
B.L. CARLSEN'S INDUSTRIAL SUBDIVISION PER DOCUMENT NUMBER
1925132; THENCE NORTHERLY TO A POINT BEING THE NORTHEAST CORNER
OF A PARCEL BEING DESCRIBED PER DOCUMENT T1862127, SAID POINT
BEING 293.73 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID
LOT 5 IN HENRY HACHMEISTER'S DIVISION; THENCE WESTERLY ALONG A
LINE, 293.73 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID
LOT 5, 91.50 FEET TO THE NORTHWEST CORNER OF SAID PARCEL PER
DOCUMENT T1862127; THENCE SOUTHERLY ALONG A LINE BEING THE EAST
LINE OF THE WEST 200.00 FEET OF SAID LOT 5, 71.88 FEET TO THE
SOUTHEAST CORNER OF A PARCEL BEING DESCRIBED PER DOCUMENT
T2257298; THENCE WESTERLY ALONG THE SOUTH LINE AND THE SOUTH LINE
EXTENDED WESTERLY OF SAID PARCEL, 233 FEET TO THE POINT OF
INTERSECTION WITH THE WEST LINE OF MICHIGAN AVENUE RIGHT-OF-WAY;
THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF MICHIGAN
AVENUE TO THE NORTHEAST CORNER OF LOT 1, BLOCK 12 IN J. TAYLOR'S
ADD. TO FAIRVIEW HEIGHTS PER DOCUMENT NUMBER 1876526, SAID POINT
ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 60TH STREET, THENCE
WESTERLY ALONG SAID SOUTH RIGHT-OF-WAY LINE OF 60TH STREET TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE
AFORESAID MINNEAPOLIS, ST, PAUL AND ST. STE. MARIE RAILROAD
RIGHT-OF-WAY; THENCE NORTHWESTERLY ALONG SAID EASTERLY
2142 JOURNAL OF THE [March 24, 1999]
RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING;
(69) for a period of one year after July 30, the effective
date of this amendatory Act of 1998, by the City of Evanston for
the acquisition for redevelopment purposes of the real property
legally described as:
Lots 5 and 6 in Dempster's Subdivision of Block 66 in
the Village (now City) of Evanston in the South West 1/4 of
Section 18, Township 41 North, Range 14 East of the Third
Principal Meridian, in Cook County, Illinois and commonly
known as 906-08 Church Street, Evanston, Illinois; and
Lots 7, 8, 9, 10, 11, and 12 in Dempster's Subdivision
of Block 66 in Village (now City) of Evanston, in the South
West 1/4 of Section 18, Township 41 North, Range 14 East of
the Third Principal Meridian, in Cook County, Illinois and
commonly known as 910-926 Church Street, Evanston,
Illinois;.
(70) (58) for a period from May 22, the effective date of
this amendatory Act of 1998 to August 30, 2000, by the
Southwestern Illinois Development Authority pursuant to the
Southwestern Illinois Development Authority Act for a project as
defined in Section 3 of that Act;.
(71) For a period of 3 years after December 1, 1998, by the
Village of Franklin Park, for the redevelopment of blighted
areas, for the acquisition of property within the area legally
described as:
BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT NO. 2 (SAID
CORNER BEING 50.0 FEET WEST OF THE CENTERLINE OF MANNHEIM ROAD)
THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT NO. 2, A DISTANCE
OF 305.46 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID
TRACT NO. 2, A DISTANCE OF 175.0 FEET; THENCE SOUTH, PARALLEL
WITH THE EAST LINE OF SAID TRACT NO. 2, A DISTANCE OF 164.46 FEET
TO THE SOUTHERLY LINE OF SAID TRACT NO. 2 (SAID LINE BEING 50.0
FEET NORTHERLY OF THE CENTERLINE OF GRAND AVENUE); THENCE
WESTERLY ALONG SAID LINE, 672.75 FEET; THENCE NORTH ALONG A LINE
THAT IS 227.30 FEET EAST OF (AS MEASURED AT RIGHT ANGLES) AND
PARALLEL WITH THE EAST LINE OF MIKE LATORIA SR. INDUSTRIAL
SUBDIVISION, 429.87 FEET TO THE NORTH LINE OF SAID TRACT NO. 2;
THENCE EAST ALONG SAID NORTH LINE, 845.71 FEET TO THE POINT OF
BEGINNING, IN OWNERS DIVISION OF THAT PART OF THE EAST HALF OF
THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 40 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 16, 1929 AS DOCUMENT 10456788 AND FILED
IN THE REGISTRAR'S OFFICE ON AUGUST 23, 1929 AS DOCUMENT
LR474993, IN COOK COUNTY, ILLINOIS;
(72) For a period of 3 years after December 1, 1998, by the
Village of Franklin Park, for the redevelopment of blighted
areas, for the acquisition of the property legally described as:
Lots 19, 20, 21, 22, 23, 24, 25, 26 and 27 of the
Salerno-Kaufman Subdivision of part of Tract No. 1 in Owner's
Division of part of the East 1/2, Northeast 1/4, Section 29,
Township 40, Range 12, East of the Third Principal Meridian, in
Cook County, Illinois; and
That part of the South 117.64 feet of tract number 1 lying
East of a line 235 feet West of and parallel with West line of
Mannheim Road in Owner's Division of part of the East half of the
Northeast quarter of Section 29, Township 40 North, Range 12,
East of the Third Principal Meridian, according to the Plat
thereof recorded August 16, 1929 as Document number 10456788, in
Cook County, Illinois;
(73) for a period of 2 years following the effective date
of this amendatory Act of the 91st General Assembly, by the City
HOUSE OF REPRESENTATIVES 2143
of Taylorville for the acquisition of land used for the
construction of the second silt dam on Lake Taylorville; the
project area is limited to the townships of Greenwood, Johnson,
and Locust in southern Christian County;
(74) for a period of 6 months following the effective date
of this amendatory Act of the 91st General Assembly, by the City
of Effingham for the acquisition of all the right of way needed
for the subject project starting at Wernsing Avenue and running
northerly to Fayette Avenue, including the right of way for a
structure over the CSX rail line and U. S. Route 40;
(75) for a period of one year following the effective date
of this amendatory Act of the 91st General Assembly, by the City
of Effingham for the acquisition of property for the construction
of South Raney Street Project Phase II, including a grade
separation over Conrail and U. S. Route 40 in the City of
Effingham, from the intersection of South Raney Street and West
Wernsing Avenue northerly to the intersection of South Raney
Street and West Fayette Avenue;
(76) for a period of 2 years following the effective date of
this amendatory Act of the 91st General Assembly, by the Village
of Lincolnshire, for the purpose of redevelopment within the
downtown area, for the acquisition of property within that area
legally described as follows:
THAT PART OF SECTIONS 15 AND 22, TOWNSHIP 43 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE PROPERTY
DESCRIBED IN DOCUMENT NUMBER 2297085 AND THE NORTHERLY LINE OF
HALF DAY ROAD; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE OF
SAID HALF DAY ROAD TO THE INTERSECTION WITH THE WEST LINE OF
STATE ROUTE NO. 21 (ALSO KNOWN AS MILWAUKEE AVENUE); THENCE
NORTHERLY ALONG SAID WEST LINE OF STATE ROUTE NO. 21 TO THE NORTH
LINE OF THE SOUTH 452.20 FEET OF THE NORTHEAST QUARTER OF THE
AFORESAID SECTION 15; THENCE EAST ALONG THE SAID NORTH LINE OF
THE SOUTH 452.20 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 15; THENCE SOUTH ALONG THE SAID EAST LINE TO THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER THEREOF; THENCE WEST
ALONG THE SOUTH LINE OF THE SAID NORTHEAST QUARTER TO AN EAST
LINE OF VERNON CEMETERY AS DESCRIBED IN DOCUMENT NUMBER 263584;
THENCE NORTH 37.20 FEET ALONG AFORESAID EAST LINE OF CEMETERY TO
THE NORTH EAST CORNER THEREOF; THENCE WEST 297.00 FEET ALONG THE
NORTH LINE OF THE AFORESAID CEMETERY, SAID LINE IS THE MOST
NORTHERLY LINE OF CEMETERY ROAD AS OCCUPIED AND EXTENDED TO A
WEST LINE OF AFORESAID VERNON CEMETERY EXTENDED NORTH; THENCE
SOUTH ALONG THE EXTENSION AND WEST LINE OF THE AFORESAID CEMETERY
TO THE SOUTHWEST CORNER THEREOF, SAID SOUTHWEST CORNER IS 296.61
FEET SOUTH OF THE SOUTH LINE OF CEMETERY ROAD AS OCCUPIED; THENCE
EAST ALONG THE SOUTH LINE OF VERNON CEMETERY TO THE SOUTH EAST
CORNER THEREOF, SAID SOUTHEAST CORNER ALSO BEING A POINT ON THE
WEST LINE OF PROPERTY DESCRIBED BY DOCUMENT NUMBER 2012084;
THENCE SOUTH ALONG AFORESAID WEST LINE TO THE NORTH LINE OF HALF
DAY ROAD; THENCE EAST ALONG LAST SAID NORTH LINE TO A POINT IN
THE WEST LINE (EXTENDED) OF INDIAN CREEK SUBDIVISION (RECORDED AS
DOCUMENT NUMBER 2084U19) THENCE SOUTH ALONG THE WEST LINE AND AN
EXTENSION THEREOF OF INDIAN CREEK CONDOMINIUMS SUBDIVISION TO THE
SOUTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A SOUTH LINE
OF INDIAN CREEK CONDOMINIUM SUBDIVISION 130.47 FEET TO THE MOST
SOUTHERLY CORNER IN THE AFORESAID SUBDIVISION SAID POINT BEING IN
THE NORTH LINE OF RELOCATED ILLINOIS STATE ROUTE 22; THENCE
NORTHEASTERLY ALONG A SOUTH LINE OF INDIAN CREEK CONDOMINIUM
SUBDIVISION 209.56 FEET, SAID LINE BEING ALSO THE NORTH LINE OF
RELOCATED ILLINOIS STATE ROUTE 22, TO THE SOUTHEAST CORNER OF
2144 JOURNAL OF THE [March 24, 1999]
INDIAN CREEK CONDOMINIUM SUBDIVISION; THENCE NORTH ALONG THE EAST
LINE OF INDIAN CREEK SUBDIVISION AND AN EXTENSION THEREOF TO THE
NORTH LINE OF HALF DAY ROAD; THENCE EAST ALONG THE NORTH LINE OF
HALF DAY ROAD TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 15 TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 15 AFORESAID; THENCE SOUTHERLY ALONG AN EASTERLY LINE OF
THE HAMILTON PARTNERS PROPERTY DESCRIBED AS FOLLOWS, BEGINNING AT
THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22
(THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22 HAVING
AN ASSUMED BEARING OF SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST
FOR THIS LEGAL DESCRIPTION); THENCE SOUTH 13 DEGREES 57 MINUTES
09 SECONDS WEST, 519.43 FEET TO A POINT DESCRIBED AS BEARING
NORTH 51 DEGREES 41 MINUTES 30 SECONDS WEST, 159.61 FEET FROM A
POINT OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 22
AFORESAID, 603.05 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTH
OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH
05 DEGREES 08 MINUTES 04 SECONDS EAST, 232.01 FEET TO THE MOST
NORTHERLY NORTHEAST CORNER OF MARIOTT DRIVE, ACCORDING TO THE
PLAT OF DEDICATION RECORDED AS DOCUMENT NUMBER 1978811; THENCE
SOUTH 42 DEGREES 08 MINUTES 46 SECONDS WEST (RECORD SOUTH 42
DEGREES 09 MINUTES 23 SECONDS WEST) ALONG THE NORTHWESTERLY LINE
OF SAID HARIOTT DRIVE, 40.70 FEET (RECORD 40.73 FEET) TO AN ANGLE
POINT IN THE NORTH LINE OF SAID MARIOTT DRIVE; THENCE SOUTH
PERPENDICULAR TO AFOREMENTIONED MARIOTT DRIVE TO A POINT ON THE
SOUTH LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF MARIOTT
DRIVE TO A POINT PERPENDICULAR TO A POINT IN THE NORTH LINE OF
MARIOTT DRIVE THAT IS ON A LINE, THE EXTENSION OF WHICH IS THE
EASTERLY LINE OF LOTS 1 AND 2 IN INDIAN CREEK RESUBDIVISION;
THENCE NORTH PERPENDICULAR TO MARIOTT DRIVE TO THE AFOREMENTIONED
POINT ON THE NORTH LINE; THENCE NORTHWESTERLY ON THE EASTERLY
LINE & EXTENSION THEREOF OF AFOREMENTIONED LOTS 1 AND 2 TO THE
NORTHEAST CORNER OF LOT 2; THENCE WEST ALONG THE NORTH LINE OF
LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHWESTERLY
PERPENDICULAR TO ILLINOIS ROUTE 21 (MILWAUKEE AVENUE DEDICATED BY
DOCUMENT NUMBER 2129168) TO THE WEST LINE THEREOF; THENCE NORTH
ALONG THE WEST LINE OF AFOREMENTIONED ILLINOIS ROUTE 21 TO THE
NORTHEAST CORNER OF LOT 1 IN MCDONALD'S - KING'S SUBDIVISION;
THENCE WEST ALONG THE NORTH LINE OF THE LAST MENTIONED LOT 1,
218.50 FEET TO A JOG IN THE NORTH LINE THEREOF; THENCE NORTHERLY
ALONG A WESTERLY LINE OF SAID LOT 1, 20.22 FEET TO A JOG IN THE
NORTH LINE; THENCE WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID
150.42 FEET TO THE NORTHWEST CORNER OF THEREOF; THENCE SOUTH
205.94 FEET ALONG THE WEST LINE OF AFOREMENTIONED LOT 1 TO A JOG
IN THE WEST LINE THEREOF; THENCE EAST ALONG A SOUTH LINE OF LOT 1
TO A JOG IN THE WEST LINE THEREOF 3.45 FEET; THENCE SOUTH 91.22
FEET ALONG THE WEST LINE LOT 1 TO THE SOUTHWEST CORNER LOT 1
AFOREMENTIONED; THENCE SOUTHERLY RADIAL TO RELOCATED ILLINOIS
STATE ROUTE 22 TO THE SOUTH LINE THEREOF; THENCE WEST ALONG THE
SOUTH LINE OF RELOCATED ILLINOIS STATE ROUTE 22 TO A POINT
PERPENDICULAR TO A POINT AT THE SOUTHWEST CORNER OF THE OLD HALF
DAY SCHOOL PARCEL; THENCE NORTHWESTERLY 51.41 FEET ALONG A WEST
LINE OF AFORESAID SCHOOL PARCEL TO A CORNER THEREOF; THENCE
NORTHEASTERLY 169.30 FEET ALONG A NORTHERLY LINE OF AFORESAID
SCHOOL PARCEL TO A CORNER THEREOF; THENCE NORTHWESTERLY 242.80
FEET ALONG A WEST LINE TO THE CENTER LINE OF HALF DAY ROAD;
THENCE NORTHWESTERLY NORMAL TO THE AFORESAID ROAD TO THE
NORTHERLY RIGHT OF WAY LINE THEREOF; THENCE EAST ALONG THE NORTH
LINE OF HALF DAY ROAD TO A POINT SAID POINT IS A BEND IN THE WEST
LINE OF PROPERTY DESCRIBED BY DOCUMENT NUMBER 2600952; THENCE
NORTHWESTERLY 7.82 CHAINS ALONG THE WEST LINE AFOREMENTIONED TO
THE NORTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY 2.39 CHAINS TO
HOUSE OF REPRESENTATIVES 2145
THE NORTHEAST CORNER OF THE SAID PROPERTY THENCE SOUTHEASTERLY
ALONG THE EASTERLY LINE OF AFORESAID PROPERTY TO THE NORTHWEST
CORNER OF PROPERTY DESCRIBED IN DOCUMENT NUMBER 2297085; THENCE
EAST 2.27 CHAINS ALONG THE NORTH LINE OF AFOREMENTIONED PROPERTY
TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE
OF THE AFOREMENTIONED PROPERTY TO THE PLACE OF BEGINNING, (EXCEPT
THEREFROM THE TRACT OF LAND AS DESCRIBED BY DOCUMENT NUMBER
1141157 AND MILWAUKEE AVE. ADJACENT THERETO) ALL IN LAKE COUNTY,
ILLINOIS;
(77) for a period of 18 months after the effective date of
this amendatory Act of 1999, by the City of Marion for the
acquisition of property and temporary construction easements
bounded by the following lines for improvement of the Pentecost
Road project:
A variable width strip of land lying parallel with and contiguous
to the existing east and west Right-of-Way lines of Pentecost
Road in the following quarter-quarter section:
the NW1/4 NW1/4, Section 16; NE1/4 NE1/4, Section 17; NW1/4
SW1/4, Section 16; SW1/4 SW1/4, Section 16; NE1/4 SE1/4, Section
17; and the SE1/4 SE1/4, Section 17, all located in Township 9
South, Range 2 East of the Third Principal Meridian; Williamson
County, Illinois;
(78) for a period of 6 months following the effective date
of this amendatory Act of the 91st General Assembly, by the city
of Geneva, for the Prairie and Wetland Restoration Project, for
the acquisition of property described as follows:
PARCEL ONE: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 6,
TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN THE TOWNSHIP OF GENEVA, KANE COUNTY, ILLINOIS.
PARCEL TWO: THE SOUTH HALF OF THE NORTHWEST FRACTIONAL
QUARTER OF SECTION 6, TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF GENEVA, KANE COUNTY,
ILLINOIS.
PARCEL THREE: THAT PART OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN LYING EAST OF THE FOLLOWING TRACT: (A STRIP OF
LAND 60 FEET IN WIDTH EXTENDING OVER AND ACROSS THE SOUTH EAST
1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID STRIP OF LAND BEING
THAT CERTAIN STRIP OF LAND AS CONVEYED BY CHARLES W. PEMBLETON
AND WIFE TO THE CHICAGO AND NORTH WESTERN RAILWAY COMPANY (NOW
THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY) BY WARRANTY
DEED DATED JUNE 29, 1903 AND RECORDED AS DOCUMENT 64790 IN BOOK
430 ON PAGE 337 IN THE OFFICE OF THE REGISTER OF DEEDS FOR KANE
COUNTY, ILLINOIS) IN THE TOWNSHIP OF BLACKBERRY, KANE COUNTY,
ILLINOIS;
(79) for a period of 2 years after the effective date of
this amendatory Act of the 91st General Assembly, by the City of
Arcola for the purpose of acquiring property in connection with
a project to widen Illinois Route 133 east of Interstate 57;
(80) for a period of 24 months after the effective date of
this amendatory Act of the 91st General Assembly, by the County
of Lake, for the acquisition of necessary right-of-way to
complete the improvement of the intersection of County Highway 47
(9th Street) and County Highway 27 (Lewis Avenue);
(81) for a period of 24 months after the effective date of
this amendatory Act of the 91st General Assembly, by the County
of Lake, for the acquisition of necessary right-of-way to
complete the improvement of the various intersections and
roadways involved in the project to improve County Highway 70
(Hawley Street), County Highway 26 (Gilmer Road), and County
2146 JOURNAL OF THE [March 24, 1999]
Highway 62 (Fremont Center Road) at and near Illinois Route 176;
(82) for a period of 30 months after the effective date of
this amendatory Act of the 91st General Assembly, by the County
of Winnebago to allow for the acquisition of right-of-way for
the construction of the Harrison Avenue Extension project from
Montague Road to West State Street lying within Section 20, the
east 1/2 of Section 29, and the northeast 1/4 of Section 32,
Township 44W, Range 1 East of the 3rd Principal Meridian, in
Winnebago County;
(83) for a period of 2 years after the effective date of
this amendatory Act of the 91st General Assembly, by the Village
of Schiller Park, for the acquisition of the following described
property for purposes of redevelopment of blighted areas:
The following parcel of property lying within the East Half of
the Southeast Quarter of Section 17, Township 40 North, Range 12
East of the Third Principal Meridian and the N East Half of the
Southwest Quarter of Section 16, Township 40 North, Range 12 East
of the Third Principal Meridian all in Cook County, Illinois:
Commencing at the intersection of the center line of Irving Park
Road with the west line of Mannheim Road; thence, southwesterly
along the westerly line of Mannheim Road to its intersection with
the south line of Belle Plaine Avenue, as extended from the east;
thence, easterly along the south line of Belle Plaine Avenue to
its intersection with the west line, as extended from the North,
of Lot 7 in the Subdivision of the West Half of the Southwest
Quarter of Section 16, Township 40 North, Range 12 East of the
Third Principal Meridian (except that part lying Northerly of
Irving Park Road), recorded April 14, 1921 as document no.
7112572; thence, northerly along the west line, as extended from
the north, of Lot 7 of the aforecited Subdivision to its
intersection with the north line of Belle Plaine Avenue; thence,
northeasterly along the northwesterly line of the property
acquired by The Illinois State Toll Highway Authority to its
intersection with the east line of Lot 7 of the aforecited
Subdivision; thence, northerly along the east line of Lot 7 of
the aforecited Subdivision to its intersection with the south
line of Lot 2 in the aforecited Subdivision; thence, westerly
along the south line of Lot 2 of the aforecited subdivision to
its intersection with the west line of Lot 2 of the aforecited
Subdivision; thence, northerly along the west line of Lot 2 of
the aforecited Subdivision and the extension of the west line of
Lot 2 to its intersection with the center line of Irving Park
Road; thence, westerly along the center line of Irving Park Road
to the point of beginning;
(84) for a period of 2 years after the effective date of
this amendatory Act of the 91st General Assembly, by the City of
Springfield, for the acquisition of (i) the property located in
the City of Springfield and bounded on the north by Mason Street,
on the west by Fifth Street, on the south by Jefferson Street,
and on the east by Sixth Street and (ii) the property located in
the City of Springfield and bounded on the north by Madison
Street, on the west by Sixth Street, on the south by Washington
Street, and on the east by Seventh Street, for the Abraham
Lincoln Presidential Library.
In a proceeding subject to this Section, the plaintiff, at any
time after the complaint has been filed and before judgment is
entered in the proceeding, may file a written motion requesting that,
immediately or at some specified later date, the plaintiff either be
vested with the fee simple title (or such lesser estate, interest or
easement, as may be required) to the real property, or specified
portion thereof, which is the subject of the proceeding, and be
HOUSE OF REPRESENTATIVES 2147
authorized to take possession of and use such property; or only be
authorized to take possession of and to use such property, if such
possession and use, without the vesting of title, are sufficient to
permit the plaintiff to proceed with the project until the final
ascertainment of compensation; however, no land or interests therein
now or hereafter owned, leased, controlled or operated and used by,
or necessary for the actual operation of, any common carrier engaged
in interstate commerce, or any other public utility subject to the
jurisdiction of the Illinois Commerce Commission, shall be taken or
appropriated hereunder by the State of Illinois, the Illinois Toll
Highway Authority, the sanitary district, the St. Louis Metropolitan
Area Airport Authority or the Board of Trustees of the University of
Illinois without first securing the approval of such Commission.
Except as hereinafter stated, the motion for taking shall state:
(1) an accurate description of the property to which the motion
relates and the estate or interest sought to be acquired therein; (2)
the formally adopted schedule or plan of operation for the execution
of the plaintiff's project; (3) the situation of the property to
which the motion relates, with respect to the schedule or plan; (4)
the necessity for taking such property in the manner requested in the
motion; and (5) if the property (except property described in Section
3 of the Sports Stadium Act, or property described as Site B in
Section 2 of the Metropolitan Pier and Exposition Authority Act) to
be taken is owned, leased, controlled or operated and used by, or
necessary for the actual operation of, any interstate common carrier
or other public utility subject to the jurisdiction of the Illinois
Commerce Commission, a statement to the effect that the approval of
such proposed taking has been secured from such Commission, and
attaching to such motion a certified copy of the order of such
Commission granting such approval. If the schedule or plan of
operation is not set forth fully in the motion, a copy of such
schedule or plan shall be attached to the motion.
(Source: P.A. 89-29, eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff.
8-17-95; 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504, eff.
6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96; 89-683, eff.
6-1-97; 89-699, eff. 1-16-97; 90-6, eff. 6-3-97; 90-14, eff. 7-1-97;
90-232, eff. 7-25-97; 90-370, eff. 8-14-97; 90-581, eff. 5-22-98;
90-655, eff. 7-30-98; 90-663, eff. 7-30-98; revised 8-10-98.)
Article 99.
Section 99-5. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 9
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 479. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Joseph Lyons offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 479
AMENDMENT NO. 1. Amend House Bill 479 by replacing the title
with the following:
2148 JOURNAL OF THE [March 24, 1999]
"AN ACT to amend the Riverboat Gambling Act by changing Section
11."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Riverboat Gambling Act is amended by changing
Section 11 as follows:
(230 ILCS 10/11) (from Ch. 120, par. 2411)
Sec. 11. Conduct of gambling.
(a) Gambling may be conducted by licensed owners aboard
riverboats, subject to the following standards:
(1) No gambling may be conducted while a riverboat is
docked.
(2) Riverboat cruises may not exceed 4 hours for a round
trip, with the exception of any extended cruises, each of which
shall be expressly approved by the Board.
(3) Minimum and maximum wagers on games shall be set by the
licensee.
(4) Agents of the Board and the Department of State Police
may board and inspect any riverboat at any time for the purpose
of determining whether this Act is being complied with. Every
riverboat, if under way and being hailed by a law enforcement
officer or agent of the Board, must stop immediately and lay to.
(5) Employees of the Board shall have the right to be
present on the riverboat or on adjacent facilities under the
control of the licensee.
(6) Gambling equipment and supplies customarily used in
conducting riverboat gambling must be purchased or leased only
from suppliers licensed for such purpose under this Act.
(7) Persons licensed under this Act shall permit no form of
wagering on gambling games except as permitted by this Act.
(8) Wagers may be received only from a person present on a
licensed riverboat. No person present on a licensed riverboat
shall place or attempt to place a wager on behalf of another
person who is not present on the riverboat.
(9) Wagering shall not be conducted with money or other
negotiable currency.
(10) A person under age 21 shall not be permitted on an
area of a riverboat where gambling is being conducted, except for
a person at least 18 years of age who is an employee of the
riverboat gambling operation. No employee under age 21 shall
perform any function involved in gambling by the patrons. No
person under age 21 shall be permitted to make a wager under this
Act.
(11) Gambling excursion cruises are permitted only when the
navigable stream for which the riverboat is licensed is
navigable, as determined by the Board in consultation with the
U.S. Army Corps of Engineers.
(12) All tokens, chips or electronic cards used to make
wagers must be purchased from a licensed owner either aboard a
riverboat or at an onshore facility which has been approved by
the Board and which is located where the riverboat docks. The
tokens, chips or electronic cards may be purchased by means of an
agreement under which the owner extends credit to the patron.
Such tokens, chips or electronic cards may be used while aboard
the riverboat only for the purpose of making wagers on gambling
games.
(13) Notwithstanding any other Section of this Act, in
addition to the other licenses authorized under this Act, the
Board may issue special event licenses allowing persons who are
not otherwise licensed to conduct riverboat gambling to conduct
such gambling on a specified date or series of dates. Riverboat
gambling under such a license may take place on a riverboat not
HOUSE OF REPRESENTATIVES 2149
normally used for riverboat gambling. The Board shall establish
standards, fees and fines for, and limitations upon, such
licenses, which may differ from the standards, fees, fines and
limitations otherwise applicable under this Act. All such fees
shall be deposited into the State Gaming Fund. All such fines
shall be deposited into the Education Assistance Fund, created by
Public Act 86-0018, of the State of Illinois.
(14) In addition to the above, gambling must be conducted
in accordance with all rules adopted by the Board.
(15) For the purpose of this paragraph, the terms
"terminal", "access device" and "electronic fund transfer" have
the meaning as defined in the Electronic Fund Transfer Act.
"Credit card" and "debit card" have the meaning as defined in the
Illinois Credit Card and Debit Card Act.
No licensed owner or contractor of a licensed owner that
provides services to the licensed owner at the dock or adjacent
to a dock of a licensed owner shall permit or cause to have
installed on a riverboat or on the dock or adjacent to a dock a
terminal that accepts an access device, credit card, or debit
card for the electronic transfer of funds.
No licensed owner or contractor of a licensed owner that
provides services to the licensed owner at the dock or adjacent
to a dock of a licensed owner shall provide, offer, or make
available check cashing services to any person on the riverboat,
the dock, or adjacent to a dock, or issue to any person debt
warrants or coupons redeemable for cash or tokens.
(Source: P.A. 86-1029; 86-1389; 87-826.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 427. Having been read by title a second time on March
18, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Joseph Lyons offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 427
AMENDMENT NO. 2. Amend House Bill 427 on page 1, line 21, by
changing "long-term" to "long term"; and
on page 2, line 21, by changing "home-like" to "homelike"; and
on page 2, line 25, by changing "half-way" to "halfway"; and
on page 4, lines 1 and 4, by changing "long-term" each time it
appears to "long term"; and
on page 4, line 6, by changing "beds" to "and sheltered care beds";
and
on page 4, line 31, by changing "facility" to "facility licensed
under the Hospice Program Licensing Act"; and
on page 5, line 1, by changing "on Aging" to "of Public Health"; and
on page 5, line 2, by changing "Aging" to "Public Health"; and
on page 5, line 10, by changing "application" to "application or
pursuant to a license transfer in accordance with Section 50 of this
Act"; and
on page 5 by inserting immediately below line 18 the following:
""Licensed health care professional" means a registered
2150 JOURNAL OF THE [March 24, 1999]
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse."; and
on page 7, line 7, by changing "free standing" to "free-standing";
and
on page 7, lines 28 and 31, by changing "long-term" each time it
appears to "long term"; and
on page 8, line 24, by changing "facility" to "facility licensed
under the Hospice Program Licensing Act"; and
on page 11, line 18, by changing "performance;" to "performance,";
and
on page 11, line 19, by changing "centered; be data driven;" to
"centered, be data driven,"; and
on page 11 by inserting immediately below line 31 the following:
"(3) financial information, content and form to be
determined by rules which may provide different standards for
assisted living establishments and shared housing establishments,
establishing that the project is financially feasible;"; and
on page 11, line 32, by changing "(3)" to "(4)"; and
on page 12, line 4, by changing "(4)" to "(5)"; and
on page 12, line 8, by changing "(5)" to "(6)"; and
on page 12, line 20, by changing "(6)" to "(7)"; and
on page 12, line 22, by changing "(7)" to "(8)"; and
on page 12, line 25, by changing "(8)" to "(9)"; and
on page 12, line 30, by changing "(9)" to "(10)"; and
on page 12, line 32, by changing "(10)" to "(11)"; and
on page 15, line 1, by changing "one year" to "one-year"; and
on page 15, line 31, by changing "turpitude," to "turpitude"; and
on page 18, line 26, by changing "turpitude," to "turpitude"; and
on page 19, line 31, by changing "day" to "date"; and
on page 20, line 18, by changing "reporting" to "documenting"; and
on page 20 by replacing lines 19 through 33 with the following:
"For the purposes of this Section, "supervision of
self-administered medication" means assisting the resident with
self-administered medication using any combination of the following:
reminding residents to take medication, reading the medication label
to residents, checking the self-administered medication dosage
against the label of the medication, confirming that residents have
obtained and are taking the dosage as prescribed, and documenting in
writing that the resident has taken (or refused to take) the
medication. If residents are physically unable to open the
container, the container may be opened for them. Supervision of
self-administered medication shall be under the direction of a
licensed health care professional.
For the purposes of this Section, "medication administration"
refers to a licensed health care professional employed by an
establishment engaging in"; and
on page 21 by deleting line 1; and
on page 21 by replacing lines 7 and 8 with the following:
"medication reminders, supervision of self-administered medication,
and medication administration.
Nothing in this Act shall preclude a physician licensed to
practice medicine in all its branches from providing services to any
resident."; and
on page 21 by replacing line 23 with the following:
"her needs and no resident representative residing in the
establishment has been appointed to"; and
on page 22 by replacing lines 14 and 15 with the following:
"administered by a qualified, licensed health care
professional;"; and
on page 22 by replacing lines 18 and 19 with the following:
"health care professional;"; and
HOUSE OF REPRESENTATIVES 2151
on page 22 by replacing lines 24 and 25 with the following:
"licensed health care professional;"; and
on page 22 by replacing lines 28 and 29 with the following:
"health care professional;"; and
on page 22 by replacing lines 32 and 33 with the following:
"licensed health care professional;"; and
on page 23, line 8, by changing "through" to "and"; and
on page 23 by deleting lines 18, 19, and 20; and
on page 23, line 21, by changing "(f)" to "(e)"; and
on page 23 by replacing line 27 with the following:
"(f) Subsection (d) of this Section shall not"; and
on page 23 by replacing line 34 with the following:
"(g) Items (3), (4), (5), and (9) of subsection (c)"; and
on page 24 by inserting immediately below line 7 the following:
"(h) For the purposes of this Section, licensed health care
professionals shall not be employed by the establishment, its parent,
or any other entity with common ownership."; and
on page 24 by replacing line 25 with the following:
"representative, or both, and the long term care ombudsman, which
shall include the reason for"; and
on page 25, line 3, by changing "may" to "must"; and
on page 25, line 5, by changing "may" to "must"; and
on page 25, line 8, by changing "situations" to "situations as
defined in Section 10 of this Act"; and
on page 25, line 25, by changing "may" to "shall"; and
on page 26, line 22, by changing "can" to "has agreed to"; and
on page 30, line 1, by deleting "permanent"; and
on page 30 by replacing lines 28, 29, and 30 with the following:
"request at any time."; and
on page 31, line 3, by changing "Visits" to "Additional visits"; and
on page 31, line 31, by changing "not" to "need not be"; and
on page 33 by replacing line 4 with the following:
"Public Aid and Human Services, the Department on Aging, the
Office of"; and
on page 33, line 31, by changing "member's" to "members'"; and
on page 34 by replacing lines 9 through 14 with the following:
"(d) The Board shall be provided copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Board, having been
asked for its"; and
on page 35 by replacing line 17 with the following:
"care license to a license under this Act. Any sheltered care
facility that chooses to convert, in whole or in part, shall follow
the requirements in the Nursing Home Care Act and rules promulgated
under that Act regarding voluntary closure and notice to residents.";
and
on page 35, line 19, by changing "alzheimer" to "Alzheimer"; and
on page 35 by replacing lines 29 through 32 with the following:
"(c) No person shall be accepted for residency or remain in
residence if:
(1) the person meets the criteria set forth in Stage 6 or 7
of the Global Deterioration Scale for Assessment of Primary
Degenerative Dementia;
(2) the person is dangerous to self or others and the
establishment would be unable to eliminate the danger through the
use of appropriate treatment modalities; or
(3) the person meets the criteria provided in Section 75 of
this Act."; and
on page 36 by deleting lines 1 and 2; and
on page 36 by replacing lines 30 through 32 with the following:
"patterns to respond to the needs of residents."; and
2152 JOURNAL OF THE [March 24, 1999]
on page 37 by replacing lines 5 and 6 with the following:
"provisions of the Illinois Health Facilities Planning Act. An
establishment licensed under"; and
on page 40 by replacing line 11 with the following:
"hereafter amended, a long term care facility, assisted living
establishment, and shared housing establishment must:"; and
on page 40 by replacing line 23 with the following:
"(2) Each long term care facility, assisted living
establishment, and shared housing establishment shall display,
in"; and
on page 55, line 15, by changing "law," to "law;".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 806. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Novak offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 806
AMENDMENT NO. 1. Amend House Bill 806 by replacing the title
with the following:
"AN ACT to amend the Metropolitan Pier and Exposition Authority
Act by changing Sections 22, 23.1, 24, and 25.1."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Metropolitan Pier and Exposition Authority Act
is amended by changing Sections 22, 23.1, 24, and 25.1 as follows:
(70 ILCS 210/22) (from Ch. 85, par. 1242)
Sec. 22. (a) The Governor shall appoint, subject to the
approval of the Mayor (which approval shall be deemed granted unless
a written disapproval is made within 15 days after notice of the
appointment), a chief executive officer of the Authority, subject to
the general control of the Board, who shall be responsible for the
management of the properties, business and employees of the
authority, shall direct the enforcement of all ordinances,
resolutions, rules and regulations of the Board, and shall perform
such other duties as may be prescribed from time to time by the
Board. The chief executive officer, in his discretion, may make
recommendations to the Board with respect to appointments pursuant to
this Section 22, contracts and policies and procedures. Any
officers, attorneys, engineers, consultants, agents and employees
appointed in accordance with this Section 22 shall report to the
chief executive officer.
(b) The Board may appoint other officers who are subject to the
general control of the Board and who are subordinate to the chief
executive officer. Such officers may include, but are not limited
to, a general manager of the McCormick Place facility, a general
manager of the Navy Pier facility, if established, a general attorney
and a chief engineer. The Board shall provide for the appointment of
such other officers, attorneys, engineers, consultants, agents and
employees as may be necessary. It shall define their duties and
require bonds of such of them as the Board may designate.
(c) The chief executive officer and other officers appointed by
HOUSE OF REPRESENTATIVES 2153
the Board, general managers, general attorney, chief engineer, and
all other officers provided for pursuant to this Section shall be
exempt from taking and subscribing any oath of office and shall not
be members of the Board. The compensation of the chief executive
officer, general managers, general attorney, chief engineer, and all
other officers, attorneys, consultants, agents and employees shall be
fixed by the Board.
(d) The Board shall, within 180 days after the effective date of
this amendatory Act of 1985, adopt a personnel code governing the
Authority's employment, evaluation, promotion and discharge of
employees. Such code may be modeled after the standards and
procedures found in the Personnel Code, including provisions for (i)
competitive examinations, (ii) eligibility lists for appointment and
promotion, (iii) probationary periods and performance records, (iv)
layoffs, discipline and discharges, and (v) such other matters, not
inconsistent with law, as may be necessary for the proper and
efficient operation of the Authority and its facilities.
The Authority shall conduct an annual review of (i) the
performance of the officers appointed by the Board who are
subordinate to the chief executive officer general manager, general
attorney and chief engineer and (ii) the services provided by outside
attorneys, construction managers, or consultants who have been
retained by, or performed services for, the Authority during the
previous twelve month period.
(Source: P.A. 86-17.)
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
Sec. 23.1. (a) The Authority shall, within 90 days after the
effective date of this amendatory Act of 1984, establish and maintain
an affirmative action program designed to promote equal employment
opportunity and eliminate the effects of past discrimination. Such
program shall include a plan, including timetables where appropriate,
which shall specify goals and methods for increasing participation by
women and minorities in employment by the Authority and by parties
which contract with the Authority. The Authority shall submit a
detailed plan with the General Assembly prior to September March 1 of
each year. Such program shall also establish procedures and sanctions
(including debarment), which the Authority shall enforce to ensure
compliance with the plan established pursuant to this Section and
with State and federal laws and regulations relating to the
employment of women and minorities. A determination by the Authority
as to whether a party to a contract with the Authority has achieved
the goals or employed the methods for increasing participation by
women and minorities shall be determined in accordance with the terms
of such contracts or the applicable provisions of rules and
regulations of the Authority existing at the time such contract was
executed, including any provisions for consideration of good faith
efforts at compliance which the Authority may reasonably adopt.
(b) The Authority shall adopt and maintain minority and female
owned business enterprise procurement programs under the affirmative
action program described in subsection (a) for any and all work
undertaken by the Authority. That work shall include, but is not
limited to, the purchase of professional services, construction
services, supplies, materials, and equipment. The programs shall
establish goals of awarding not less than 25% of the annual dollar
value of all contracts, purchase orders, or other agreements
(collectively referred to as "contracts") to minority owned
businesses and 5% of the annual dollar value of all contracts to
female owned businesses. Without limiting the generality of the
foregoing, the programs shall require in connection with the
prequalification or consideration of vendors for professional service
contracts, construction contracts, and contracts for supplies,
2154 JOURNAL OF THE [March 24, 1999]
materials, equipment, and services that each proposer or bidder
submit as part of his or her proposal or bid a commitment detailing
how he or she will expend 25% or more of the dollar value of his or
her contracts with one or more minority owned businesses and 5% or
more of the dollar value with one or more female owned businesses.
Bids or proposals that do not include such detailed commitments are
not responsive and shall be rejected unless the Authority deems it
appropriate to grant a waiver of these requirements. In addition the
Authority may, in connection with the selection of providers of
professional services, reserve the right to select a minority or
female owned business or businesses to fulfill the commitment to
minority and female business participation. The commitment to
minority and female business participation may be met by the
contractor or professional service provider's status as a minority or
female owned business, by joint venture or by subcontracting a
portion of the work with or purchasing materials for the work from
one or more such businesses, or by any combination thereof. Each
contract shall require the contractor or provider to submit a
certified monthly report detailing the status of that contractor or
provider's compliance with the Authority's minority and female owned
business enterprise procurement program. The Authority, after
reviewing the monthly reports of the contractors and providers, shall
compile a comprehensive report regarding compliance with this
procurement program and file it quarterly with the General Assembly.
If, in connection with a particular contract, the Authority
determines that it is impracticable or excessively costly to obtain
minority or female owned businesses to perform sufficient work to
fulfill the commitment required by this subsection, the Authority
shall reduce or waive the commitment in the contract, as may be
appropriate. The Authority shall establish rules and regulations
setting forth the standards to be used in determining whether or not
a reduction or waiver is appropriate. The terms "minority owned
business" and "female owned business" have the meanings given to
those terms in the Minority and Female Business Enterprise Act.
(c) The Authority shall adopt and maintain an affirmative action
program in connection with the hiring of minorities and women on the
Expansion Project and on any and all construction projects undertaken
by the Authority. The program shall be designed to promote equal
employment opportunity and shall specify the goals and methods for
increasing the participation of minorities and women in a
representative mix of job classifications required to perform the
respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the Authority
shall incorporate the following elements into its minority and female
owned business procurement programs to the extent feasible: (1) a
major contractors program that permits minority owned businesses and
female owned businesses to bear significant responsibility and risk
for a portion of the project; (2) a mentor/protege program that
provides financial, technical, managerial, equipment, and personnel
support to minority owned businesses and female owned businesses; (3)
an emerging firms program that includes minority owned businesses and
female owned businesses that would not otherwise qualify for the
project due to inexperience or limited resources; (4) a small
projects program that includes participation by smaller minority
owned businesses and female owned businesses on jobs where the total
dollar value is $5,000,000 or less; and (5) a set-aside program that
will identify contracts requiring the expenditure of funds less than
$50,000 for bids to be submitted solely by minority owned businesses
and female owned businesses.
(e) The Authority is authorized to enter into agreements with
contractors' associations, labor unions, and the contractors working
HOUSE OF REPRESENTATIVES 2155
on the Expansion Project to establish an Apprenticeship Preparedness
Training Program to provide for an increase in the number of minority
and female journeymen and apprentices in the building trades and to
enter into agreements with Community College District 508 to provide
readiness training. The Authority is further authorized to enter into
contracts with public and private educational institutions and
persons in the hospitality industry to provide training for
employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a McCormick
Place Advisory Board composed as follows: 7 members shall be named by
the Authority who are residents of the area surrounding the McCormick
Place Expansion Project and are either minorities, as defined in this
subsection, or women; 7 members shall be State Senators named by the
President of the Senate who are residents of the City of Chicago and
are either members of minority groups or women; and 7 members shall
be State Representatives named by the Speaker of the House who are
residents of the City of Chicago and are either members of minority
groups or women. A State Senator or State Representative member may
appoint a designee to serve on the McCormick Place Advisory Board in
his or her absence.
A "member of a minority group" shall mean a person who is a
citizen or lawful permanent resident of the United States and who is
(1) Black (a person having origins in any of the black
racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese culture
with origins in Mexico, South or Central America, or the
Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person having
origins in any of the original peoples of North America).
Members of the McCormick Place Advisory Board shall serve 2-year
terms and until their successors are appointed, except members who
serve as a result of their elected position whose terms shall
continue as long as they hold their designated elected positions.
Vacancies shall be filled by appointment for the unexpired term in
the same manner as original appointments are made. The McCormick
Place Advisory Board shall elect its own chairperson.
Members of the McCormick Place Advisory Board shall serve without
compensation but, at the Authority's discretion, shall be reimbursed
for necessary expenses in connection with the performance of their
duties.
The McCormick Place Advisory Board shall meet quarterly, or as
needed, shall produce any reports it deems necessary, and shall:
(1) Work with the Authority on ways to improve the area
physically and economically;
(2) Work with the Authority regarding potential means for
providing increased economic opportunities to minorities and
women produced indirectly or directly from the construction and
operation of the Expansion Project;
(3) Work with the Authority to minimize any potential
impact on the area surrounding the McCormick Place Expansion
Project, including any impact on minority or female owned
businesses, resulting from the construction and operation of the
Expansion Project;
(4) Work with the Authority to find candidates for building
trades apprenticeships, for employment in the hospitality
industry, and to identify job training programs;
(5) Work with the Authority to implement the provisions of
subsections (a) through (e) of this Section in the construction
2156 JOURNAL OF THE [March 24, 1999]
of the Expansion Project, 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.
(Source: P.A. 86-17; 87-733.)
(70 ILCS 210/24) (from Ch. 85, par. 1244)
Sec. 24. All contracts for the sale of property of the value of
more than $25,000 $5,000 or for any concession in or lease of
property of the Authority for a term of more than one year shall be
awarded to the highest responsible bidder, after advertising for
bids, except as may be otherwise authorized by this Act amendatory
Act of 1991. All construction contracts and contracts for supplies,
materials, equipment and services, when the cost thereof will exceed
$25,000 $5,000, shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts, accessories,
equipment or services are required for equipment or services
previously furnished or contracted for, (2) professional services
contracted for in accordance with Section 25.1 of this Act, (3) when
services such as water, light, heat, power, telephone (other than
long-distance service) or telegraph are required, and (4) when
contracts for the use, purchase, delivery, movement, or installation
of data processing equipment, software, or services and
telecommunications equipment, software, and services are required,
and (5) when the immediate delivery of supplies, materials,
equipment, or services is required and (i) the chief executive
officer determines that an emergency situation exists; (ii) the
contract accepted is based on the lowest responsible bid after the
Authority has made a diligent effort to solicit multiple bids by
telephone or other efficient means; and (iii) the chief executive
officer submits a report at the next regular Board meeting, to be
ratified by the Board and entered into the official record, stating
the chief executive officer's reason for declaring an emergency
situation, the names of the other parties solicited and their bids,
and a copy of the contract awarded.
All contracts involving less than $25,000 $5,000 shall be let by
competitive bidding whenever possible, and in any event in a manner
calculated to insure the best interests of the public.
Each bidder shall disclose in his bid the name of each individual
having a beneficial interest, directly or indirectly, of more than 7
1/2% in such bidding entity and, if such bidding entity is a
corporation, the names of each of its officers and directors. The
bidder shall notify the Board of any changes in its ownership or its
officers or directors at the time such changes occur if the change
occurs during the pendency of a proposal or a contract.
In determining the responsibility of any bidder, the Board may
take into account past record of dealings with the bidder,
experience, adequacy of equipment, ability to complete performance
within the time set, and other factors besides financial
responsibility, but in no case shall any such contracts be awarded to
any other than the highest bidder (in case of sale or concession or
lease) or the lowest bidder (in case of purchase or expenditure)
unless authorized or approved by a vote of at least three-fourths of
the members of the Board, and unless such action is accompanied by a
statement in writing setting forth the reasons for not awarding the
contract to the highest or lowest bidder, as the case may be, which
statement shall be kept on file in the principal office of the
Authority and open to public inspection.
From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross
receipts of which are not taxable under the "Retailers' Occupation
HOUSE OF REPRESENTATIVES 2157
Tax Act", approved June 28, 1933, as amended, there shall be added an
amount equal to the tax which would be payable under said Act, if
applicable, and the lowest in amount of said adjusted bids and bids
for sales the gross receipts of which are taxable under said Act
shall be considered the lowest bid; provided, that, if said lowest
bid relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original bid not
adjusted as aforesaid.
Contracts shall not be split into parts involving expenditures of
less than $25,000 $5,000 for the purposes of avoiding the provisions
of this Section, and all such split contracts shall be void. If any
collusion occurs among bidders or prospective bidders in restraint of
freedom of competition, by agreement to bid a fixed amount or to
refrain from bidding, or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn statement that
he has not been a party to any such agreement.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such readvertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such contract
without competitive bidding, provided that it shall not be less
advantageous to the Authority than any valid bid received pursuant to
advertisement.
The Board shall adopt rules and regulations of general
application within 90 days of the effective date of this amendatory
Act of 1985 to carry into effect the provisions of this Section.
(Source: P.A. 87-733.)
(70 ILCS 210/25.1) (from Ch. 85, par. 1245.1)
Sec. 25.1. (a) This Section applies to (i) contracts in excess of
$25,000 $5,000 for professional services provided to the Authority,
including the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction, and other
similar professionals possessing a high degree of skill, (ii)
agreements described in Section 5(h), and (iii) contracts described
in Section 5(j).
(b) When the Authority proposes to enter into a contract or
agreement under this Section, the Authority shall give public notice
soliciting proposals for the contract or agreement by publication at
least twice in one or more daily newspapers in general circulation in
the metropolitan area. The second notice shall be published not less
than 10 days before the date on which the Authority expects to select
the contractor. The notice shall include a general description of the
nature of the contract or agreement which the Authority is seeking
and the procedure by which a person or firm interested in the
contract or agreement may make its proposal to the Authority for
consideration for the contract or agreement.
A request for proposals must be extended to a sufficient number
of prospective providers of the required services or prospective
bidders to assure that public interest in competition is adequately
served.
The provisions of this subsection (b) do not apply if:
(1) the Authority concludes that there is a single source
of the expertise or knowledge required or that one person can
clearly perform the required tasks more satisfactorily because of
the person's prior work; however, this exemption shall be
narrowly construed and applies only if a written report that
details the reasons for the exemption is entered into the minutes
of the Authority and the Chairman has authorized in writing
contract negotiations with the single source; or
(2) the service is to be provided by or the agreement is
with a State agency, a federal agency, a political subdivision of
2158 JOURNAL OF THE [March 24, 1999]
the State, or a corporation organized under the General Not For
Profit Corporation Act of 1986; or
(3) within 60 days of the effective date of this amendatory
Act of 1985, the Authority enters into a written contract for
professional services of the same kind with any person providing
such professional services as of such effective date.
A request for proposals must contain a description of the work to
be performed under the contract and the terms under which the work is
to be performed or a description of the terms of the agreement with
respect to the use or occupancy of the grounds, buildings, or
facilities. A request for proposals must contain that information
necessary for a prospective contractor or bidder to submit a response
or contain references to any information that cannot reasonably be
included with the request. The request for proposals must provide a
description of the factors that will be considered by the Authority
when it evaluates the proposals received.
Nothing in this subsection limits the power of the Authority to
use additional means that it may consider appropriate to notify
prospective contractors or bidders that it proposes to enter into a
contract or agreement.
(c) After the responses are submitted, the Authority shall
evaluate them. Each proposal received must be evaluated using the
same factors as those set out in the request for proposals.
Any person that submits a response to a request for proposals
under this Section shall disclose in the response the name of each
individual having a beneficial interest directly or indirectly of
more than 7 1/2% in such person and, if such person is a corporation,
the names of each of its officers and directors. The person shall
notify the Board of any changes in its ownership or its officers or
directors at the time such changes occur if the change occurs during
the pendency of a proposal or a contract.
(d) All contracts and agreements under this Section, whether or
not exempted hereunder, shall be authorized and approved by the Board
and shall be set forth in a writing executed by the contractor and
the Authority. No payment shall be made under this Section until a
written contract or agreement shall be so authorized, approved and
executed, provided that payments for professional services may be
made without a written contract to persons providing such services to
the Authority as of the effective date of this amendatory Act of 1985
for sixty days from such date.
(e) A copy of each contract or agreement (whether or not
exempted hereunder) and the response, if any, to the request for
proposals upon which the contract was awarded must be filed with the
Secretary of the Authority and is required to be open for public
inspection. The request for proposals and the name and address of
each person who submitted a response to it must also accompany the
filed copies.
(Source: P.A. 88-193.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was held on the
order of Second Reading.
HOUSE BILL 2320. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Floor Amendments numbered 1 and 2 remained in the Committee on
HOUSE OF REPRESENTATIVES 2159
Higher Education.
Representative Holbrook offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 2320
AMENDMENT NO. 3. Amend House Bill 2320 as follows:
by replacing the title with the following:
"AN ACT to amend the Southwestern Illinois Development Authority
Act by changing Section 10."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Southwestern Illinois Development Authority Act
is amended by changing Section 10 as follows:
(70 ILCS 520/10) (from Ch. 85, par. 6160)
Sec. 10. Enterprise Zone. The Authority may by ordinance
designate a portion of the territorial jurisdiction of the Authority
for certification as an Enterprise Zone under the Illinois Enterprise
Zone Act in addition to any other enterprise zones which may be
created under that Act, which area shall have all the privileges and
rights of an Enterprise Zone pursuant to the Illinois Enterprise Zone
Act, but which shall not be counted in determining the number of
Enterprise Zones to be created in any year pursuant to that Act.
Prior to January 1, 1999, the Authority may by ordinance
designate a portion of the territorial jurisdiction of the Authority
located in the southeastern portion of Chouteau Township and the
southwestern portion of Edwardsville Township along FAR 310 for
certification as an Enterprise Zone under the Illinois Enterprise
Zone Act in addition to any other enterprise zones which may be
created under that Act, which area shall have all the privileges and
rights of an Enterprise Zone under the Illinois Enterprise Zone Act,
but which shall not be counted in determining the number of
Enterprise Zones to be created in any year pursuant to that Act.
Prior to January 1, 2000 the Authority may by ordinance designate
a portion of the territorial jurisdiction of the Authority located in
the townships of O'Fallon, Lebanon, Mascoutah, and Shiloh Valley of
the county of St. Clair for certification as an Enterprise Zone under
the Illinois Enterprise Zone Act in addition to any other enterprise
Zones which may be created under that Act. The area shall have all
the privileges and rights of an Enterprise Zone under the Illinois
Enterprise Zone Act but shall not be counted in determining the
number of Enterprise Zones to be created in any year under that Act.
(Source: P.A. 90-5, eff. 3-19-97.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was ordered engrossed; and the bill, as amended, was held on the
order of Second Reading.
HOUSE BILL 2573. Having been read by title a second time on
March 17, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Ronen offered the following amendment and moved
its adoption:
2160 JOURNAL OF THE [March 24, 1999]
AMENDMENT NO. 2 TO HOUSE BILL 2573
AMENDMENT NO. 2. Amend House Bill 2573 by replacing the title
with the following:
"AN ACT to amend the Illinois Vehicle Code by changing Sections
1-105.1, 6-204, 11-208.3, and 11-306."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-105.1, 6-204, 11-208.3, and 11-306 as follows:
(625 ILCS 5/1-105.5)
Sec. 1-105.5. Automated red light enforcement system. A system
in a municipality with a population of 1,000,000 or more operated by
a governmental agency, in cooperation with a law enforcement agency,
that photographically records a motor vehicle's response to a traffic
control signal with a red light indication and is designed to obtain
a clear photograph of the vehicle and the vehicle's license plate
when the motor vehicle is involved in a motor vehicle accident,
leaving the scene of a motor vehicle accident, or reckless driving
that results in bodily injury.
(Source: P.A. 90-86, eff. 7-10-97.)
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of State the
records essential to the performance of the Secretary's duties under
this Code to cancel, revoke or suspend the driver's license and
privilege to drive motor vehicles of certain minors adjudicated
truant minors in need of supervision, addicted, or delinquent and of
persons found guilty of the criminal offenses or traffic violations
which this Code recognizes as evidence relating to unfitness to
safely operate motor vehicles, the following duties are imposed upon
public officials:
1. Whenever any person is convicted of any offense for
which this Code makes mandatory the cancellation or revocation of
the driver's license or permit of such person by the Secretary of
State, the judge of the court in which such conviction is had
shall require the surrender to the clerk of the court of all
driver's licenses or permits then held by the person so
convicted, and the clerk of the court shall, within 10 days
thereafter, forward the same, together with a report of such
conviction, to the Secretary.
2. Whenever any person is convicted of any offense under
this Code or similar offenses under a municipal ordinance, other
than regulations governing standing, parking or weights of
vehicles, and excepting the following enumerated Sections of this
Code: Sections 11-1406 (obstruction to driver's view or control),
11-1407 (improper opening of door into traffic), 11-1410
(coasting on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving vehicle
which is in unsafe condition or improperly equipped), 12-201(a)
(daytime lights on motorcycles), 12-202 (clearance,
identification and side marker lamps), 12-204 (lamp or flag on
projecting load), 12-205 (failure to display the safety lights
required), 12-401 (restrictions as to tire equipment), 12-502
(mirrors), 12-503 (windshields must be unobstructed and equipped
with wipers), 12-601 (horns and warning devices), 12-602
(mufflers, prevention of noise or smoke), 12-603 (seat safety
belts), 12-702 (certain vehicles to carry flares or other warning
devices), 12-703 (vehicles for oiling roads operated on
highways), 12-710 (splash guards and replacements), 13-101
(safety tests), 15-101 (size, weight and load), 15-102 (width),
15-103 (height), 15-104 (name and address on second division
HOUSE OF REPRESENTATIVES 2161
vehicles), 15-107 (length of vehicle), 15-109.1 (cover or
tarpaulin), 15-111 (weights), 15-112 (weights), 15-301 (weights),
15-316 (weights), 15-318 (weights), and also excepting the
following enumerated Sections of the Chicago Municipal Code:
Sections 27-245 (following fire apparatus), 27-254 (obstruction
of traffic), 27-258 (driving vehicle which is in unsafe
condition), 27-259 (coasting on downgrade), 27-264 (use of horns
and signal devices), 27-265 (obstruction to driver's view or
driver mechanism), 27-267 (dimming of headlights), 27-268
(unattended motor vehicle), 27-272 (illegal funeral procession),
27-273 (funeral procession on boulevard), 27-275 (driving
freighthauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306 (diagonal
parking), 27-307 (parking not to obstruct traffic), 27-308
(stopping, standing or parking regulated), 27-311 (parking
regulations), 27-312 (parking regulations), 27-313 (parking
regulations), 27-314 (parking regulations), 27-315 (parking
regulations), 27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319 (parking
regulations), 27-320 (parking regulations), 27-321 (parking
regulations), 27-322 (parking regulations), 27-324 (loading and
unloading at an angle), 27-333 (wheel and axle loads), 27-334
(load restrictions in the downtown district), 27-335 (load
restrictions in residential areas), 27-338 (width of vehicles),
27-339 (height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354 (display of
plates), 27-355 (display of city vehicle tax sticker), 27-357
(identification of vehicles), 27-358 (projecting of loads), and
also excepting the following enumerated paragraphs of Section
2-201 of the Rules and Regulations of the Illinois State Toll
Highway Authority: (l) (driving unsafe vehicle on tollway), (m)
(vehicles transporting dangerous cargo not properly indicated),
and also excepting a violation of subsection (c) of Section
11-306 or a similar offense under a municipal ordinance that is
reported in accordance with paragraph 6 of this subsection (a),
it shall be the duty of the clerk of the court in which such
conviction is had within 10 days thereafter to forward to the
Secretary of State a report of the conviction and the court may
recommend the suspension of the driver's license or permit of the
person so convicted.
The reporting requirements of this subsection shall apply to all
violations stated in paragraphs 1 and 2 of this subsection when the
individual has been adjudicated under the Juvenile Court Act or the
Juvenile Court Act of 1987. Such reporting requirements shall also
apply to individuals adjudicated under the Juvenile Court Act or the
Juvenile Court Act of 1987 who have committed a violation of Section
11-501 of this Code, or similar provision of a local ordinance, or
Section 9-3 of the Criminal Code of 1961, as amended, relating to the
offense of reckless homicide. The reporting requirements of this
subsection shall also apply to a truant minor in need of supervision,
an addicted minor, or a delinquent minor and whose driver's license
and privilege to drive a motor vehicle has been ordered suspended for
such times as determined by the Court, but only until he or she
attains 18 years of age. It shall be the duty of the clerk of the
court in which adjudication is had within 10 days thereafter to
forward to the Secretary of State a report of the adjudication and
the court order requiring the Secretary of State to suspend the
minor's driver's license and driving privilege for such time as
determined by the Court, but only until he or she attains the age of
18 years. All juvenile court dispositions reported to the Secretary
2162 JOURNAL OF THE [March 24, 1999]
of State under this provision shall be processed by the Secretary of
State as if the cases had been adjudicated in traffic or criminal
court. However, information reported relative to the offense of
reckless homicide, or Section 11-501 of this Code, or a similar
provision of a local ordinance, shall be privileged and available
only to the Secretary of State, courts, and police officers.
3. Whenever an order is entered vacating the forfeiture of
any bail, security or bond given to secure appearance for any
offense under this Code or similar offenses under municipal
ordinance, it shall be the duty of the clerk of the court in
which such vacation was had or the judge of such court if such
court has no clerk, within 10 days thereafter to forward to the
Secretary of State a report of the vacation.
4. A report of any disposition of court supervision for a
violation of Sections 6-303, 11-401, 11-501 or a similar
provision of a local ordinance, 11-503 and 11-504 shall be
forwarded to the Secretary of State. A report of any disposition
of court supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar provision of
a local ordinance committed by a person under the age of 21 years
shall be forwarded to the Secretary of State.
5. Reports of conviction and sentencing hearing under the
Juvenile Court Act of 1987 in a computer processible medium shall
be forwarded to the Secretary of State via the Supreme Court in
the form and format required by the Illinois Supreme Court and
established by a written agreement between the Supreme Court and
the Secretary of State. In counties with a population over
300,000, instead of forwarding reports to the Supreme Court,
reports of conviction and sentencing hearing under the Juvenile
Court Act of 1987 in a computer processible medium may be
forwarded to the Secretary of State by the Circuit Court Clerk in
a form and format required by the Secretary of State and
established by written agreement between the Circuit Court Clerk
and the Secretary of State. Failure to forward the reports of
conviction or sentencing hearing under the Juvenile Court Act of
1987 as required by this Section shall be deemed an omission of
duty and it shall be the duty of the several State's Attorneys to
enforce the requirements of this Section.
6. Whenever any municipality with a population of 1,000,000
or more has established an automated red light enforcement pilot
program pursuant to Section 11-102.3 to determine liability for a
violation of subsection (c) of Section 11-306 or a similar
offense under a municipal ordinance that is recorded by an
automated red light enforcement system, the municipality, within
10 days of determining liability for a violation, shall forward a
report of the adjudication to the Secretary of State. The report
shall be in a form required by the Secretary of State.
(b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer pursuant to
the authority in Section 6-113(f), it shall be the duty of the clerk,
or judge, if the court has no clerk, to forward such restricted
driving permit and a facsimile of the officer's citation to the
Secretary of State as expeditiously as practicable.
(c) For the purposes of this Code, a forfeiture of bail or
collateral deposited to secure a defendant's appearance in court when
forfeiture has not been vacated, or the failure of a defendant to
appear for trial after depositing his driver's license in lieu of
other bail, shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State with
records necessary to properly monitor and assess driver performance
and assist the courts in the proper disposition of repeat traffic law
HOUSE OF REPRESENTATIVES 2163
offenders, the clerk of the court shall forward to the Secretary of
State, on a form prescribed by the Secretary, records of driver's
participation in a driver remedial or rehabilitative program which
was required, through a court order or court supervision, in relation
to the driver's arrest for a violation of Section 11-501 of this Code
or a similar provision of a local ordinance. Such reports shall be
sent within 10 days after the driver's referral to such driver
remedial or rehabilitative program. Such reports, including those
required to be forwarded under subsection 4 of paragraph (a), shall
be recorded to the driver's file, but shall not be released to any
outside source, except the affected driver, and shall be used only to
assist in assessing driver performance and for the purpose of
informing the courts that such driver has been previously assigned
court supervision or referred to a driver's remedial or
rehabilitative program.
(Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; revised
9-16-98.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations of
traffic regulations concerning the standing, parking, or condition of
vehicles, and automated red light violations.
(a) Any municipality may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking
violations and vehicle compliance violations as defined in this
subsection. A municipality with a population of 1,000,000 or more may
provide by ordinance for an automated red light enforcement pilot
program which utilizes a system of administrative adjudication to
determine liability for automated red violations, as defined in this
Section, which occur at traffic intersections within the municipality
and located within 1,000 feet of a school, park, religious
institution, or senior center that are designated for the pilot
program by the municipality. No more than 5 traffic intersections
may be designated for the automated red light enforcement pilot
program at any one time. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal regulations
through the administrative adjudication of violations of municipal
ordinances regulating the standing and parking of vehicles, the
condition and use of vehicle equipment, and the display of municipal
wheel tax licenses within the municipality's borders, and automated
red light violations. The administrative system shall only have
authority to adjudicate civil offenses carrying fines not in excess
of $250 that occur after the effective date of the ordinance adopting
such a system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal regulation
governing the condition or use of equipment on a vehicle or governing
the display of a municipal wheel tax license. For purposes of this
Section, "automated red light violation" means a violation of
subsection (c) of Section 11-306 or a similar offense under a
municipal ordinance enacted by a municipality with a population of
1,000,000 or more that is recorded by an automated red light
enforcement system.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to adopt,
distribute and process parking and compliance violation notices
and other notices required by this Section, collect money paid as
fines and penalties for violation of parking and compliance
ordinances, and operate an administrative adjudication system.
The traffic compliance administrator also may make a certified
report to the Secretary of State under Section 6-306.5.
(2) A parking, standing, or compliance, or automated red
2164 JOURNAL OF THE [March 24, 1999]
light violation notice that shall specify the date, time, and
place of violation of a parking, standing, or compliance, or
automated red light regulation; the particular regulation
violated; the fine and any penalty that may be assessed for late
payment, when so provided by ordinance; the vehicle make and
state registration number; and the identification number of the
person issuing the notice. With regard to municipalities with a
population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the State registration number
or vehicle make specified is incorrect. The violation notice
shall state that the payment of the indicated fine, and of any
applicable penalty for late payment, shall operate as a final
disposition of the violation. The notice also shall contain
information as to the availability of a hearing in which the
violation may be contested on its merits. The violation notice
shall specify the time and manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of the
notice to an unlawfully parked vehicle or by handing the notice
to the operator of a vehicle if he or she is present. Service of
an automated red light violation notice by certified mail to the
address of the registered owner of the cited vehicle as recorded
with the Secretary of State within 30 days of the violation. A
person authorized by ordinance to issue and serve parking,
standing, and compliance, or automated red light violation
notices shall certify as to the correctness of the facts entered
on the violation notice by signing his or her name to the notice
at the time of service or in the case of a notice produced by a
computerized device, by signing a single certificate to be kept
by the traffic compliance administrator attesting to the
correctness of all notices produced by the device while it was
under his or her control. The original or a facsimile of the
violation notice shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary course
of business. A parking, standing, or compliance, or automated
red light violation notice issued, signed and served in
accordance with this Section, or a copy of the notice, shall be
prima facie correct and shall be prima facie evidence of the
correctness of the facts shown on the notice. The notice or copy
shall be admissible in any subsequent administrative or legal
proceedings.
(4) An opportunity for a hearing for the registered owner
of the vehicle cited in the parking, standing, or compliance, or
automated red light violation notice in which the owner may
contest the merits of the alleged violation, and during which
formal or technical rules of evidence shall not apply; provided,
however, that under Section 11-1306 of this Code the lessee of a
vehicle cited in the violation notice likewise shall be provided
an opportunity for a hearing of the same kind afforded the
registered owner. The hearings shall be recorded, and the person
conducting the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and to
secure by subpoena both the attendance and testimony of witnesses
and the production of relevant books and papers. Persons
appearing at a hearing under this Section may be represented by
counsel at their expense. The ordinance may also provide for
internal administrative review following the decision of the
hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
HOUSE OF REPRESENTATIVES 2165
Secretary of State or, under Section 11-1306 of this Code, to the
lessee of the cited vehicle at the last address known to the
lessor of the cited vehicle at the time of lease. The service
shall be deemed complete as of the date of deposit in the United
States mail. The notices shall be in the following sequence and
shall include but not be limited to the information specified
herein:
(i) A second notice of violation. This notice shall
specify the date and location of the violation cited in the
parking, standing, or compliance, or automated red light
violation notice, the particular regulation violated, the
vehicle make and state registration number, the fine and any
penalty that may be assessed for late payment when so
provided by ordinance, the availability of a hearing in
which the violation may be contested on its merits, and the
time and manner in which the hearing may be had. The notice
of violation shall also state that failure either to pay the
indicated fine and any applicable penalty, or to appear at a
hearing on the merits in the time and manner specified, will
result in a final determination of violation liability for
the cited violation in the amount of the fine or penalty
indicated, and that, upon the occurrence of a final
determination of violation liability for the failure, and
the exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any unpaid
fine or penalty will constitute a debt due and owing the
municipality.
(ii) A notice of final determination of parking,
standing, or compliance, or automated red light violation
liability. This notice shall be sent following a final
determination of parking, standing, or compliance, or
automated red light violation liability and the conclusion
of judicial review procedures taken under this Section. The
notice shall state that the unpaid fine or penalty is a debt
due and owing the municipality. The notice shall contain
warnings that failure to pay any fine or penalty due and
owing the municipality within the time specified may result
in the municipality's filing of a petition in the Circuit
Court to have the unpaid fine or penalty rendered a judgment
as provided by this Section, or may result in suspension of
the person's drivers license for failure to pay fines or
penalties for 10 or more parking violations under Section
6-306.5.
(6) A Notice of impending drivers license suspension. This
notice shall be sent to the person liable for any fine or penalty
that remains due and owing on 10 or more parking violations. The
notice shall state that failure to pay the fine or penalty owing
within 45 days of the notice's date will result in the
municipality notifying the Secretary of State that the person is
eligible for initiation of suspension proceedings under Section
6-306.5 of this Code. The notice shall also state that the person
may obtain a photostatic copy of an original ticket imposing a
fine or penalty by sending a self addressed, stamped envelope to
the municipality along with a request for the photostatic copy.
The notice of impending drivers license suspension shall be sent
by first class United States mail, postage prepaid, to the
address recorded with the Secretary of State.
(7) Final determinations of violation liability. A final
determination of violation liability shall occur following
failure to pay the fine or penalty after a hearing officer's
determination of violation liability and the exhaustion of or
2166 JOURNAL OF THE [March 24, 1999]
failure to exhaust any administrative review procedures provided
by ordinance. Where a person fails to appear at a hearing to
contest the alleged violation in the time and manner specified in
a prior mailed notice, the hearing officer's determination of
violation liability shall become final: (A) upon denial of a
timely petition to set aside that determination, or (B) upon
expiration of the period for filing the petition without a filing
having been made.
(8) A petition to set aside a determination of parking,
standing, or compliance, or automated red light violation
liability that may be filed by a person owing an unpaid fine or
penalty. The petition shall be filed with and ruled upon by the
traffic compliance administrator in the manner and within the
time specified by ordinance. The grounds for the petition may be
limited to: (A) the person not having been the owner or lessee
of the cited vehicle on the date the violation notice was issued,
(B) the person having already paid the fine or penalty for the
violation in question, and (C) excusable failure to appear at or
request a new date for a hearing. With regard to municipalities
with a population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the State registration number
or vehicle make specified is incorrect. After the determination
of parking, standing, or compliance, or automated red light
violation liability has been set aside upon a showing of just
cause, the registered owner shall be provided with a hearing on
the merits for that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality may contest the
merits of the alleged violation without attending a hearing. An
ordinance providing from an automated red light enforcement pilot
program pursuant to this Section shall permit a respondent to
elect to contest an alleged violation through an adjudication by
mail rather than appearing in person at an administrative
hearing.
(10) A schedule of civil fines for violations of vehicular
standing, parking, and compliance, or automated red light
regulations enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines, provided,
however, that the total amount of the fine and penalty for any
one violation shall not exceed $250.
(11) Other provisions as are necessary and proper to carry
into effect the powers granted and purposes stated in this
Section.
(c) Any municipality establishing vehicular standing, parking,
and compliance, or automated red light regulations under this Section
may also provide by ordinance for a program of vehicle immobilization
for the purpose of facilitating enforcement of those regulations.
The program of vehicle immobilization shall provide for immobilizing
any eligible vehicle upon the public way by presence of a restraint
in a manner to prevent operation of the vehicle. Any ordinance
establishing a program of vehicle immobilization under this Section
shall provide:
(1) Criteria for the designation of vehicles eligible for
immobilization. A vehicle shall be eligible for immobilization
when the registered owner of the vehicle has accumulated the
number of unpaid final determinations of parking, standing, or
compliance, or automated red light violation liability as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice by
disproving liability for the unpaid final determinations of
HOUSE OF REPRESENTATIVES 2167
parking, standing, or compliance, or automated red light
violation liability listed on the notice.
(3) The right to a prompt hearing after a vehicle has been
immobilized or subsequently towed without payment of the
outstanding fines and penalties on parking, standing, or
compliance, or automated red light violations for which final
determinations have been issued. An order issued after the
hearing is a final administrative decision within the meaning of
Section 3-101 of the Code of Civil Procedure.
(4) A post immobilization and post-towing notice advising
the registered owner of the vehicle of the right to a hearing to
challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, and compliance, or automated red light violations and final
administrative decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall be
subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, or part of any fine or any penalty
remaining unpaid after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the conclusion
of any judicial review procedures shall be a debt due and owing the
municipality and, as such, may be collected in accordance with
applicable law. Payment in full of any fine or penalty resulting
from a standing, parking, or compliance, or automated red light
violation shall constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial
review may be sought for a final determination of parking, standing,
or compliance, or automated red light violation, the municipality may
commence a proceeding in the Circuit Court for purposes of obtaining
a judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality from consolidating multiple
final determinations of parking, standing, or compliance, or
automated red light violation against a person in a proceeding. Upon
commencement of the action, the municipality shall file a certified
copy of the final determination of parking, standing, or compliance,
or automated red light violation, which shall be accompanied by a
certification that recites facts sufficient to show that the final
determination of violation was issued in accordance with this Section
and the applicable municipal ordinance. Service of the summons and a
copy of the petition may be by any method provided by Section 2-203
of the Code of Civil Procedure or by certified mail, return receipt
requested, provided that the total amount of fines and penalties for
final determinations of parking, standing, or compliance, or
automated red light violations does not exceed $2500. If the court
is satisfied that the final determination of parking, standing, or
compliance, or automated red light violation was entered in
accordance with the requirements of this Section and the applicable
municipal ordinance, and that the registered owner or the lessee, as
the case may be, had an opportunity for an administrative hearing and
for judicial review as provided in this Section, the court shall
render judgment in favor of the municipality and against the
registered owner or the lessee for the amount indicated in the final
determination of parking, standing, or compliance, or automated red
light violation, plus costs. The judgment shall have the same effect
and may be enforced in the same manner as other judgments for the
recovery of money.
(Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190, eff.
1-1-96.)
(625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever traffic is
controlled by traffic-control signals exhibiting different colored
2168 JOURNAL OF THE [March 24, 1999]
lights or color lighted arrows, successively one at a time or in
combination, only the colors green, red and yellow shall be used,
except for special pedestrian signals carrying a word legend, and the
lights shall indicate and apply to drivers of vehicles and
pedestrians as follows:
(a) Green indication.
1. (1) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. Vehicular traffic,
including vehicles turning right or left, shall yield the right
of way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such signal is
exhibited.
2. Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
such arrow, or such other movement as is permitted by other
indications shown at the same time. Such vehicular traffic shall
yield the right of way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection.
3. Unless otherwise directed by a pedestrian-control
signal, as provided in Section 11-307, pedestrians facing any
green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked
crosswalk.
(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow or
yellow arrow signal is thereby warned that the related green
movement is being terminated or that a red indication will be
exhibited immediately thereafter.
2. Pedestrians facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a pedestrian-control
signal as provided in Section 11-307, are thereby advised that
there is insufficient time to cross the roadway before a red
indication is shown and no pedestrian shall then start to cross
the roadway.
(c) Steady red indication.
1. Except as provided in paragraph 3 of this subsection (c)
of this Section, vehicular traffic facing a steady circular red
signal alone shall stop at a clearly marked stop line, but if
there is no such stop line, before entering the crosswalk on the
near side of the intersection, or if there is no such crosswalk,
then before entering the intersection, and shall remain standing
until an indication to proceed is shown.
2. Except as provided in paragraph 3 of this subsection (c)
of this Section, vehicular traffic facing a steady red arrow
signal shall not enter the intersection to make the movement
indicated by the arrow and, unless entering the intersection to
make a movement permitted by another signal, shall stop at a
clearly marked stop line, but if there is no such stop line,
before entering the crosswalk on the near side of the
intersection, or if there is no such crosswalk, then before
entering the intersection, and shall remain standing until an
indication permitting the movement indicated by such red arrow is
shown.
3. Except when a sign is in place prohibiting a turn and
local authorities by ordinance or State authorities by rule or
regulation prohibit any such turn, vehicular traffic facing any
steady red signal may cautiously enter the intersection to turn
right, or to turn left from a one-way street into a one-way
street, after stopping as required by paragraph 1 or paragraph 2
HOUSE OF REPRESENTATIVES 2169
of this subsection (c) of this Section. After stopping, the
driver shall yield the right of way to any vehicle in the
intersection or approaching on another roadway so closely as to
constitute an immediate hazard during the time such driver is
moving across or within the intersection or junction or roadways.
Such driver shall yield the right of way to pedestrians within
the intersection or an adjacent crosswalk.
4. Unless otherwise directed by a pedestrian-control signal
as provided in Section 11-307, pedestrians facing a steady
circular red or red arrow signal alone shall not enter the
roadway.
5. In accordance with Section 5-208.3, a municipality with
a population of 1,000,000 or more may enact an ordinance that
provides for the use of an automated red light enforcement pilot
program system to enforce violations of this subsection (c). The
owner of a vehicle used in violation of this subsection (c) shall
be liable for the violation, if the vehicle was used or operated
with the permission of the owner, expressed or implied, and the
violation was recorded by an automated red light enforcement
system utilized in a pilot program adopted by a municipality with
a population of 1,000,000 or more, pursuant to Section 5-208.3;
provided that the owner shall not be liable if: (i) the operator
of the vehicle other than the owner has been found guilty of the
violation; (ii) the violation occurred at any time during which
the vehicle was reported to a law enforcement agency as having
been stolen and had not been recovered by the owner at the time
of the violation; (iii) the violation occurred at any time during
which the vehicle was leased to another, and, within 10 days of
receiving notice of the violation, the owner submits to the
applicable law enforcement agency the correct name and address of
the lessee of the vehicle at the time of the violation, in which
case the lessee of the vehicle at the time of the violation shall
be deemed to be the owner of the vehicle for purposes of this
subsection. that result in or involve a motor vehicle accident,
leaving the scene of a motor vehicle accident, or reckless
driving that results in bodily injury.
This paragraph 5 is subject to prosecutorial discretion that
is consistent with applicable law.
(d) In the event an official traffic control signal is erected
and maintained at a place other than an intersection, the provisions
of this Section shall be applicable except as to provisions which by
their nature can have no application. Any stop required shall be at
a traffic sign or a marking on the pavement indicating where the stop
shall be made or, in the absence of such sign or marking, the stop
shall be made at the signal.
(e) The motorman of any streetcar shall obey the above signals
as applicable to vehicles.
(Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 485. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
2170 JOURNAL OF THE [March 24, 1999]
Representative Ronen offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 485
AMENDMENT NO. 1. Amend House Bill 485 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Children's
Product Safety Act.
Section 10. Definitions. In this Act:
(a) "Children's product" means a product, including but not
limited to a full-size crib, non-full-size crib, toddler bed, bed,
car seat, chair, high chair, booster chair, hook-on chair, bath seat,
gate or other enclosure for confining a child, play yard, stationary
activity center, carrier, stroller, walker, swing, or toy or play
equipment, that meets the following criteria:
(i) the product is designed or intended for the care of, or
use by, children under 6 years of age or is designed or intended
for the care of, or use by, both children under 6 years of age
and children 6 years of age or older; and
(ii) the product is designed or intended to come into
contact with the child while the product is used.
Notwithstanding any other provision of this Section, a product is
not a "children's product" for purposes of this Act if:
(I) it may be used by or for the care of a child under 6
years of age, but it is designed or intended for use by the
general population or segments of the general population and not
solely or primarily for use by or the care of a child; or
(II) it is a medication, drug, or food or is intended to be
ingested.
(b) "Commercial user" means any person who deals in children's
products or who otherwise by one's occupation holds oneself out as
having knowledge or skill peculiar to children's products, or any
person who is in the business of remanufacturing, retrofitting,
selling, leasing, subletting, or otherwise placing in the stream of
commerce children's products.
(c) "Person" means a natural person, firm, corporation, limited
liability company, or association, or an employee or agent of a
natural person or an entity included in this definition.
(d) "Infant" means any person less than 35 inches tall and less
than 3 years of age.
(e) "Crib" means a bed or containment designed to accommodate an
infant.
(f) "Full-size crib" means a full-size crib as defined in
Section 1508.3 of Title 16 of the Code of Federal Regulations
regarding the requirements for full-size cribs.
(g) "Non-full-size crib" means a non-full-size crib as defined
in Section 1509.2 of Title 16 of the Code of Federal Regulations
regarding the requirements for non-full-size cribs.
Section 15. Unsafe children's products; prohibition.
(a) No commercial user may remanufacture, retrofit, sell,
contract to sell or resell, lease, sublet, or otherwise place in the
stream of commerce, on or after January 1, 2000, a children's product
that is unsafe.
(b) A children's product is deemed to be unsafe for purposes of
this Act if it meets any of the following criteria:
(1) It does not conform to all federal laws and regulations
setting forth standards for the children's product.
(2) It has been recalled for any reason by its
manufacturer, distributor, or importer.
HOUSE OF REPRESENTATIVES 2171
(3) An agency of the federal government has issued an
order, notice, or other announcement of any kind specifically
advising against its use and the order, notice, or other
announcement has not been rescinded.
The Department of Public Health shall create, maintain, and
update a comprehensive list of children's products that have been
identified as meeting any of the criteria set forth in subdivisions
(1) through (3) of this subsection (b). The Department of Public
Health shall make the comprehensive list available to the public at
no cost and shall post it on the Internet, and encourage links.
(c) A crib is presumed to be unsafe for purposes of this Act if
it does not conform to the standards endorsed or established by the
Consumer Product Safety Commission, including but not limited to
Title 16 of the Code of Federal Regulations and the American Society
for Testing and Materials, as follows:
(1) Part 1508 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or supplement
the regulations.
(2) Part 1509 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or supplement
the regulations.
(3) Part 1303 of Title 16 of the Code of Federal
Regulations and any regulations adopted to amend or supplement
the regulations.
(4) The following standards and specifications of the
American Society for Testing Materials for corner posts of baby
cribs and structural integrity of baby cribs:
(A) ASTM F 966-90 (cornerpost standard).
(B) ASTM F 1169-88 (structural integrity of full-size
baby cribs).
(C) ASTM F 1822-97 (non-full-size cribs).
(d) Cribs that are unsafe shall include, but not be limited to,
cribs that have any of the following dangerous features or
characteristics:
(1) Corner posts that extend more than one-sixteenth of an
inch.
(2) Spaces between side slats more than 2.375 inches.
(3) Mattress support that can be easily dislodged from any
point of the crib. A mattress segment can be easily dislodged if
it cannot withstand at least a 25-pound upward force from
underneath the crib.
(4) Cutout designs on the end panels.
(5) Rail height dimensions that do not conform to both of
the following:
(A) The height of the rail and end panel as measured
from the top of the rail or panel in its lowest position to
the top of the mattress support in its highest position is
at least 9 inches.
(B) The height of the rail and end panel as measured
from the top of the rail or panel in its highest position to
the top of the mattress support in its lowest position is at
least 26 inches.
(6) Any screws, bolts, or hardware that are loose and not
secured.
(7) Sharp edges, points, or rough surfaces, or any wood
surfaces that are not smooth and free from splinters, splits, or
cracks.
(8) Tears in mesh or fabric sides in a non-full-size crib.
(9) A non-full-size crib that folds in a "V" shape design
does not have top rails that automatically lock into place when
the crib is fully set up.
2172 JOURNAL OF THE [March 24, 1999]
(10) The mattress pad in a non-full-size mesh/fabric crib
exceeds one inch.
(e) The retrofit of a recalled children's product may be allowed
if the retrofit has been approved by the Consumer Product Safety
Commission or the National Highway Transportation and Safety
Administration. A retrofitted children's product is exempt from the
provisions of this Act if it is accompanied at the time of selling,
leasing, subletting, or otherwise placing in the stream of commerce
by a notice declaring that it is safe to use for a child under 6
years of age. The notice shall include: (1) a description of the
original problem which made the recalled product unsafe; (2) a
description of the retrofit which explains how the original problem
was eliminated and declaring that it is now safe to use for a child
under 6 years of age; and (3) the name and address of the commercial
user who accomplished the retrofit certifying that the work was done
along with the name and model number of the product retrofitted. The
commercial user shall be responsible for ensuring that the notice is
present with the retrofitted product at the time of sale.
Section 20. Exception. The commercial user shall not be found
noncompliant if the specific recalled product sold was not included
on the Department of Public Health's list on the day before the sale.
Section 25. Penalty. A commercial user who willfully and
knowingly violates Section 15 is guilty of a Class C misdemeanor.
Section 30. Civil actions. Any person may maintain an action
against any commercial user who violates Section 15 to enjoin the
remanufacture, retrofitting, sale, contract to sell, contract to
resell, lease, or subletting of an unsafe children's product, and for
reasonable attorney's fees and costs.
Section 35. Remedies. Remedies available under this Act are in
addition to any other remedies or procedures under any other
provision of law that may be available to an aggrieved party.
Section 900. The Child Care Act of 1969 is amended by adding
Section 5.2 and changing Section 8 as follows:
(225 ILCS 10/5.2 new)
Sec. 5.2. Unsafe children's products.
(a) A child care facility may not use or have on the premises,
on or after July 1, 2000, an unsafe children's product as described
in Section 15 of the Children's Product Safety Act. This subsection
(a) does not apply to an antique or collectible children's product if
it is not used by, or accessible to, any child in the child care
facility.
(b) The Department of Children and Family Services shall notify
child care facilities, on an ongoing basis, of the provisions of this
Section and the Children's Product Safety Act and of unsafe
children's products, as determined in accordance with that Act, in
plain, non-technical language that will enable each child care
facility to effectively inspect children's products and identify
unsafe children's products. The Department of Children and Family
Services shall adopt rules to carry out this Section.
(225 ILCS 10/8) (from Ch. 23, par. 2218)
Sec. 8. The Department may revoke or refuse to renew the license
of any child care facility or refuse to issue full license to the
holder of a permit should the licensee or holder of a permit:
(1) fail to maintain standards prescribed and published by the
Department;
(2) violate any of the provisions of the license issued;
(3) furnish or make any misleading or any false statement or
report to the Department;
(4) refuse to submit to the Department any reports or refuse to
make available to the Department any records required by the
Department in making investigation of the facility for licensing
HOUSE OF REPRESENTATIVES 2173
purposes;
(5) fail or refuse to submit to an investigation by the
Department;
(6) fail or refuse to admit authorized representatives of the
Department at any reasonable time for the purpose of investigation;
(7) fail to provide, maintain, equip and keep in safe and
sanitary condition premises established or used for child care as
required under standards prescribed by the Department, or as
otherwise required by any law, regulation or ordinance applicable to
the location of such facility;
(8) refuse to display its license or permit;
(9) be the subject of an indicated report under Section 3 of the
"Abused and Neglected Child Reporting Act" or fail to discharge or
sever affiliation with the child care facility of an employee or
volunteer at the facility with direct contact with children who is
the subject of an indicated report under Section 3 of that Act;
(10) fail to comply with the provisions of Section 7.1;
(11) fail to exercise reasonable care in the hiring, training
and supervision of facility personnel;
(12) fail to report suspected abuse or neglect of children
within the facility, as required by the Abused and Neglected Child
Reporting Act;
(13) fail to comply with Section 5.1 or 5.2. of this Act; or
(14) be identified in an investigation by the Department as an
addict or alcoholic, as defined in the Alcoholism and Other Drug
Abuse and Dependency Act, or be a person whom the Department knows
has abused alcohol or drugs, and has not successfully participated in
treatment, self-help groups or other suitable activities, and the
Department determines that because of such abuse the licensee, holder
of the permit, or any other person directly responsible for the care
and welfare of the children served, does not comply with standards
relating to character, suitability or other qualifications
established under Section 7 of this Act.
(Source: P.A. 88-670, eff. 12-2-94; revised 10-28-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
Having been read by title a second time earlier today and held,
the following bill was taken up and advanced to the order of Third
Reading: HOUSE BILL 2320.
HOUSE BILL 721. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Hamos offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 721
AMENDMENT NO. 1. Amend House Bill 721 as follows:
by replacing the title with the following:
"AN ACT to amend the Health Care Surrogate Act by adding Section
60."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Health Care Surrogate Act is amended by adding
Section 60 as follows:
2174 JOURNAL OF THE [March 24, 1999]
(755 ILCS 40/60 new)
Sec. 60. Health care surrogate; specific mental health services.
(a) In this Section, "specific mental health services" means the
administration of authorized involuntary treatment as defined in
Section 1-121.5 of the Mental Health and Developmental Disabilities
Code or admission to a mental health facility as defined in Section
1-114 of that Code.
(b) A surrogate decision maker, other than a court appointed
guardian, may not consent to specific mental health services for an
adult patient. A surrogate decision maker may, however, petition for
the provision of specific mental health services pursuant to the
Mental Health and Developmental Disabilities Code.
Section 99. Effective date. This Act takes effect January 1,
2000.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1113. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Saviano offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1113
AMENDMENT NO. 1. Amend House Bill 1113 by replacing the title
with the following:
"AN ACT concerning real estate timeshare interests and repealing
a named Act."; and
by replacing everything after the enacting clause with the following:
"Article 1. General Provisions
Section 1-1. Short title. This Act may be cited as the Real
Estate Timeshare Act of 1999.
Section 1-5. Intent. The intent of the General Assembly in
enacting this Act is to regulate the business of timeshare plans,
exchange programs, and resale agents for the protection of the
public.
Section 1-10. Scope of Act.
(a) This Act applies to all of the following:
(1) Timeshare plans with an accommodation or component site
in Illinois.
(2) Timeshare plans without an accommodation or component
site in Illinois, if those timeshare plans are sold or offered to
be sold to any individual located within Illinois.
(3) Exchange programs as defined in this Act.
(4) Resale agents as defined in this Act.
(b) Exemptions. This Act does not apply to the following:
(1) Timeshare plans, whether or not an accommodation is
located in Illinois, consisting of 7 or fewer timeshare periods,
the use of which extends over any period of less than 3 years.
(2) Timeshare plans, whether or not an accommodation is
located in Illinois, under which the prospective purchaser's
total financial obligation will be less than $1,500 during the
entire term of the timeshare plan.
Section 1-15. Definitions. In this Act, unless the context
HOUSE OF REPRESENTATIVES 2175
otherwise requires:
"Accommodation" means any apartment, condominium or cooperative
unit, cabin, lodge, hotel or motel room, or other private or
commercial structure containing toilet facilities therein that is
designed and available, pursuant to applicable law, for use and
occupancy as a residence by one or more individuals, or any unit or
berth on a commercial cruise line ship, which is included in the
offering of a timeshare plan.
"Acquisition agent" means a person who, directly or through the
person's employees, agents, or independent contractors, induces or
attempts to induce by means of a promotion or an advertisement any
individual located within the State of Illinois to attend a sales
presentation for a timeshare plan.
"Advertisement" means any written, oral, or electronic
communication that is directed to or targeted to persons within the
State of Illinois and contains a promotion, inducement, or offer to
sell a timeshare plan, including but not limited to brochures,
pamphlets, radio and television scripts, electronic media, telephone
and direct mail solicitations, and other means of promotion.
"Association" means the organized body consisting of the
purchasers of interests in a timeshare plan.
"Assessment" means the share of funds required for the payment of
common expenses which is assessed from time to time against each
purchaser by the managing entity.
"Commissioner" means the Commissioner of Banks and Real Estate,
or a natural person authorized by the Commissioner, the Office of
Banks and Real Estate Act, or this Act to act in the Commissioner's
stead.
"Component site" means a specific geographic location where
accommodations which are part of a multi-site timeshare plan are
located. Separate phases of a single timeshare property in a
specific geographic location and under common management shall be
deemed a single component site.
"Developer" means and includes any person or entity, other than a
sales agent, acquisition agent, or resale agent, who creates a
timeshare plan or is in the business of selling timeshare interests,
or employs agents to do the same, or any person or entity who
succeeds to the interest of a developer by sale, lease, assignment,
mortgage, or other transfer, but the term includes only those persons
who offer timeshare interests for disposition in the ordinary course
of business.
"Dispose" or "disposition" means a voluntary transfer or
assignment of any legal or equitable interest in a timeshare plan,
other than the transfer, assignment, or release of a security
interest.
"Exchange company" means any person owning or operating, or both
owning and operating, an exchange program.
"Exchange program" means any method, arrangement, or procedure
for the voluntary exchange of timeshare interests or other property
interests. The term does not include the assignment of the right to
use and occupy accommodations to owners of timeshare interests within
a single-site timeshare plan. Any method, arrangement, or procedure
that otherwise meets this definition, wherein the purchaser's total
contractual financial obligation exceeds $3,000 per any individual,
recurring timeshare period, shall be regulated as a timeshare plan in
accordance with this Act.
"Managing entity" means the person who undertakes the duties,
responsibilities, and obligations of the management of a timeshare
plan.
"Offer" means any inducement, solicitation, or other attempt,
whether by marketing, advertisement, oral or written presentation, or
2176 JOURNAL OF THE [March 24, 1999]
any other means, to encourage a person to acquire a timeshare
interest in a timeshare plan, other than as security for an
obligation.
"Person" means a natural person, corporation, limited liability
company, partnership, joint venture, association, estate, trust,
government, governmental subdivision or agency, or other legal
entity, or any combination thereof.
"Promotion" means a plan or device, including one involving the
possibility of a prospective purchaser receiving a vacation, discount
vacation, gift, or prize, used by a developer, or an agent,
independent contractor, or employee of any of the same on behalf of
the developer, in connection with the offering and sale of timeshare
interests in a timeshare plan.
"Purchaser" means any person, other than a developer, who by
means of a voluntary transfer acquires a legal or equitable interest
in a timeshare plan other than as security for an obligation.
"Purchase contract" means a document pursuant to which a person
becomes legally obligated to sell, and a purchaser becomes legally
obligated to buy, a timeshare interest.
"Resale agent" means a person who, directly or through the
person's employees or agents, sells or offers to sell a timeshare
interest previously sold to a purchaser or solicits an owner of a
timeshare interest to list the owner's timeshare interest for sale.
"Reservation system" means the method, arrangement, or procedure
by which a purchaser, in order to reserve the use or occupancy of any
accommodation of a multi-site timeshare plan for one or more
timeshare periods, is required to compete with other purchasers in
the same multi-site timeshare plan, regardless of whether the
reservation system is operated and maintained by the multi-site
timeshare plan managing entity, an exchange company, or any other
person. In the event that a purchaser is required to use an exchange
program as the purchaser's principal means of obtaining the right to
use and occupy accommodations, that arrangement shall be deemed a
reservation system. When an exchange company utilizes a mechanism
for the exchange of use of timeshare periods among members of an
exchange program, that utilization is not a reservation system of a
multi-site timeshare plan.
"Sales agent" means a person, other than a resale agent, who,
directly or through the person's employees, agents, or independent
contractors, sells or offers to sell timeshare interests in a
timeshare plan to any individual located in the State of Illinois.
"Timeshare instrument" means one or more documents, by whatever
name denominated, creating or governing the operation of a timeshare
plan.
"Timeshare interest" means and includes either:
(1) a "timeshare estate", which is the right to occupy a
timeshare property, coupled with a freehold estate or an estate
for years with a future interest in a timeshare property or a
specified portion thereof; or
(2) a "timeshare use", which is the right to occupy a
timeshare property, which right is neither coupled with a
freehold interest, nor coupled with an estate for years with a
future interest, in a timeshare property.
"Timeshare period" means the period or periods of time when the
purchaser of a timeshare plan is afforded the opportunity to use the
accommodations of a timeshare plan.
"Timeshare plan" means any arrangement, plan, scheme, or similar
device, other than an exchange program, whether by membership
agreement, sale, lease, deed, license, or right-to-use agreement or
by any other means, whereby a purchaser, in exchange for
consideration, receives ownership rights in or the right to use
HOUSE OF REPRESENTATIVES 2177
accommodations for a period of time less than a full year during any
given year, but not necessarily for consecutive years. A timeshare
plan may be:
(1) a "single-site timeshare plan", which is the right to
use accommodations at a single timeshare property; or
(2) a "multi-site timeshare plan", which includes:
(A) a "specific timeshare interest", which is the
right to use accommodations at a specific timeshare
property, together with use rights in accommodations at one
or more other component sites created by or acquired through
the timeshare plan's reservation system; or
(B) a "non-specific timeshare interest", which is the
right to use accommodations at more than one component site
created by or acquired through the timeshare plan's
reservation system, but including no specific right to use
any particular accommodations.
"Timeshare property" means one or more accommodations subject to
the same timeshare instrument, together with any other property or
rights to property appurtenant to those accommodations.
Section 1-20. Estates and interests in property. Each
timeshare estate constitutes, for purposes of title, a separate
estate or interest in property except for real property tax purposes.
Section 1-25. Local powers; construction.
(a) Except as specifically provided in this Section, the
regulation of timeshare plans and exchange programs is an exclusive
power and function of the State. A unit of local government,
including a home rule unit, may not regulate timeshare plans and
exchange programs. This subsection is a denial and limitation of
home rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(b) Notwithstanding subsection (a), no provision of this Act
invalidates or modifies any provision of any zoning, subdivision, or
building code or other real estate use law, ordinance, or regulation.
Further, nothing in this Act shall be construed to affect or
impair the validity of Section 11-11.1-1 of the Illinois Municipal
Code or to deny to the corporate authorities of any municipality the
powers granted in that Code to enact ordinances (i) prescribing fair
housing practices, (ii) defining unfair housing practices, (iii)
establishing fair housing or human relations commissions and
standards for the operation of such commissions in the administration
and enforcement of such ordinances, (iv) prohibiting discrimination
based on age, ancestry, color, creed, mental or physical handicap,
national origin, race, religion, or sex in the listing, sale,
assignment, exchange, transfer, lease, rental, or financing of real
property for the purpose of the residential occupancy thereof, and
(v) prescribing penalties for violations of such ordinances.
Section 1-30. Creation of timeshare plans. A timeshare plan
may be created in any accommodation unless otherwise prohibited. All
timeshare plans must maintain a one-to-one purchaser-to-accommodation
ratio, which means the ratio of the number of purchasers eligible to
use the accommodations of a timeshare plan on a given day to the
number of accommodations available for use within the plan on that
day, such that the total number of purchasers eligible to use the
accommodations of the timeshare plan during a given calendar year
never exceeds the total number of accommodations available for use in
the timeshare plan during that year. For purposes of the calculation
under this Section, each purchaser must be counted at least once, and
no individual accommodation may be counted more than 365 times per
calendar year (or more than 366 times per leap year). A purchaser who
is delinquent in the payment of timeshare plan assessments shall
continue to be considered eligible to use the accommodations of the
2178 JOURNAL OF THE [March 24, 1999]
timeshare plan for purposes of calculating the one-to-one
purchaser-to-accommodation ratio.
Article 5. Registration Requirements and Fees
Section 5-5. Exemptions from developer registration. A person
shall not be required to register as a developer under this Act if:
(1) the person is an owner of a timeshare interest who has
acquired the timeshare interest for the person's own use and
occupancy and who later offers it for resale; or
(2) the person is a managing entity or an association that
is not otherwise a developer of a timeshare plan in its own
right, solely while acting as an association or under a contract
with an association to offer or sell a timeshare interest
transferred to the association through foreclosure, deed in lieu
of foreclosure, or gratuitous transfer, if such acts are
performed in the regular course of, or as an incident to, the
management of the association for its own account in the
timeshare plan; or
(3) the person offers a timeshare plan in a national
publication or by electronic media, as determined by the Office
of Banks and Real Estate and provided by rule, which is not
directed to or targeted to any individual located in Illinois; or
(4) the person is conveyed, assigned, or transferred more
than 7 timeshare periods from a developer in a single voluntary
or involuntary transaction and subsequently conveys, assigns, or
transfers all of the timeshare interests received from the
developer to a single purchaser in a single transaction.
Section 5-10. Exempt communications. Provided they are
delivered after the expiration of the rescission period when
applicable, the following communications are exempt from the
provisions of this Act:
(1) Any stockholder communication such as an annual report
or interim financial report, proxy material, a registration
statement, a securities prospectus, a registration, a property
report, or other material required to be delivered to a
prospective purchaser by an agency of any state or the federal
government.
(2) Any communication addressed to and relating to the
account of any person who has previously executed a contract for
the sale or purchase of a timeshare period in a timeshare plan to
which the communication relates.
(3) Any audio, written, or visual publication or material
relating to an exchange company or exchange program.
(4) Any audio, written, or visual publication or material
relating to the promotion of the availability of any
accommodations for transient rental, so long as a mandatory sales
presentation is not a term or condition of the availability of
such accommodations and so long as the failure of any transient
renter to take a tour of a timeshare property or attend a sales
presentation does not result in any reduction in the level of
services which would otherwise be available to such transient
renter.
(5) Any oral or written statement disseminated by a
developer to broadcast or print media, other than paid
advertising or promotional material, regarding plans for the
acquisition or development of timeshare property. However, any
rebroadcast or any other dissemination of such oral statements to
a prospective purchaser by a seller in any manner, or any
distribution of copies of newspaper magazine articles or press
releases, or any other dissemination of such written statements
to a prospective purchaser by a seller in any manner, shall
constitute an advertisement.
HOUSE OF REPRESENTATIVES 2179
(6) Any advertisement or promotion in any medium to the
general public if such advertisement or promotion clearly states
that it is not an offer in any jurisdiction in which any
applicable registration requirements have not been fully
satisfied.
(7) Any communication by a developer to encourage a person
who has previously acquired a timeshare interest from the
developer to acquire additional use or occupancy rights or
benefits, or additional timeshare interests, offered by the same
developer.
Section 5-15. Developer registration requirements.
(a) Registration required. Any person who, to any individual
located in Illinois, sells, offers to sell, or attempts to solicit
prospective purchasers to purchase a timeshare interest, or any
person who creates a timeshare plan with an accommodation in the
State of Illinois, shall register as a developer with the Office of
Banks and Real Estate and shall comply with the provisions of
subsection (c) of this Section.
(b) Items to be registered. A developer shall be responsible
for registering with the Office of Banks and Real Estate, on forms
provided by the Office of Banks and Real Estate, the following:
(1) All timeshare plans which have accommodations located
in Illinois or which are sold or offered for sale to any
individual located in Illinois.
(2) All sales agents who sell or offer to sell any
timeshare interests in any timeshare plan offered by the
developer to any individual located in Illinois.
(3) All acquisition agents who, by means of inducement,
promotion, or advertisement, attempt to encourage or procure
prospective purchasers located in Illinois to attend a sales
presentation for any timeshare plan offered by the developer.
(4) All managing entities who manage any timeshare plan
offered or sold by the developer to any individual located in
Illinois, without limitation as to whether the location of the
accommodation site managed is within Illinois.
(c) Escrow. The developer shall comply with the following
escrow requirements:
(1) A developer of a timeshare plan shall deposit into an
escrow account in a federally insured depository 100% of all
funds which are received during the purchaser's rescission
period. The deposit of such funds shall be evidenced by an
executed escrow agreement between the escrow agent and the
developer, which shall include provisions that:
(A) funds may be disbursed to the developer by the
escrow agent from the escrow account only after expiration
of the purchaser's rescission period and in accordance with
the purchase contract, subject to paragraph (2) of this
subsection; and
(B) if a purchaser properly cancels the purchase
contract pursuant to its terms, the funds shall be paid to
the purchaser or paid to the developer if the purchaser's
funds have been previously refunded by the developer.
(2) If a developer contracts to sell a timeshare interest
and the construction of any property in which the timeshare
interest is located has not been completed, the developer, upon
expiration of the rescission period, shall continue to maintain
in an escrow account all funds received by or on behalf of the
developer from the purchaser under his or her purchase contract.
The Office of Banks and Real Estate shall establish, by rule, the
types of documentation which shall be required for evidence of
completion, including but not limited to a certificate of
2180 JOURNAL OF THE [March 24, 1999]
occupancy, a certificate of substantial completion, or an
inspection by the Office of the State Fire Marshal or the State
Fire Marshal's designee or an equivalent public safety inspection
agency in the applicable jurisdiction. Funds shall be released
from escrow as follows:
(A) If a purchaser properly cancels the purchase
contract pursuant to its terms, the funds shall be paid to
the purchaser or paid to the developer if the purchaser's
funds have been previously refunded by the developer.
(B) If a purchaser defaults in the performance of the
purchaser's obligations under the purchase contract, the
funds shall be paid to the developer.
(C) If the funds of a purchaser have not been
previously disbursed in accordance with the provisions of
this paragraph (2), they may be disbursed to the developer
by the escrow agent upon the issuance of acceptable evidence
of completion of construction as provided herein.
(3) In lieu of the provisions in paragraphs (1) and (2),
the Office of Banks and Real Estate may accept from the developer
a surety bond, irrevocable letter of credit, or other financial
assurance acceptable to the Office of Banks and Real Estate, as
provided by rule. Any acceptable financial assurance must be in
an amount equal to or in excess of the funds which would
otherwise be placed in escrow, or in an amount equal to the cost
to complete the incomplete property in which the timeshare
interest is located.
(4) The developer shall provide escrow account information
to the Office of Banks and Real Estate and shall execute in
writing an authorization consenting to an audit or examination of
the account by the Office of Banks and Real Estate on forms
provided by the Office of Banks and Real Estate. The developer
shall comply with the reconciliation and records requirements
established by rule by the Office of Banks and Real Estate. The
developer shall make documents related to the escrow account or
escrow obligation available to the Office of Banks and Real
Estate upon the Office's request. The developer shall maintain
any disputed funds in the escrow account until either:
(A) receipt of written direction agreed to by
signature of all parties; or
(B) deposit of the funds with a court of competent
jurisdiction in which a civil action regarding the funds has
been filed.
(d) Comprehensive registration. In registering a timeshare
plan, the developer shall be responsible for providing information on
the following:
(1) The developer's legal name, any assumed names used by
the developer, principal office street address, mailing address,
primary contact person, and telephone number;
(2) The name of the developer's authorized or registered
agent in the State of Illinois upon whom claims can be served or
service of process be had, the agent's street address in
Illinois, and telephone number;
(3) The name, street address, mailing address, primary
contact person, and telephone number of any timeshare plan being
registered;
(4) The name, street address, mailing address and telephone
number of any sales agent and acquisition agent utilized by the
developer, and any managing entity of the timeshare plan;
(5) A public offering statement which complies with the
requirements of Sections 5-25; and
(6) Any other information regarding the developer,
HOUSE OF REPRESENTATIVES 2181
timeshare plan, sales agents, acquisition agents, or managing
entities as reasonably required by the Office of Banks and Real
Estate and established by rule.
(e) Abbreviated registration. The Office of Banks and Real
Estate may accept, as provided for by rule, an abbreviated
registration application of a developer of a timeshare plan in which
all accommodations are located outside of the State of Illinois. The
developer shall file a written notice of intent to register under
this Section at least 15 days prior to submission. A developer of a
timeshare plan with any accommodation located in the State of
Illinois may not file an abbreviated filing, with the exception of a
succeeding developer after a merger or acquisition when all of the
developers' timeshare plans were registered in Illinois immediately
preceding the merger or acquisition.
The developer shall provide a certificate of registration or
other evidence of registration from the appropriate regulatory agency
of any other jurisdiction within the United States in which some or
all of such accommodations are located. The other jurisdiction must
have disclosure requirements that are substantially equivalent to or
greater than the information required to be disclosed to purchasers
by the State of Illinois. A developer filing an abbreviated
registration application shall provide the following:
(1) The developer's legal name, any assumed names used by
the developer, and the developer's principal office location,
mailing address, primary contact person, and telephone number.
(2) The name, location, mailing address, primary contact
person, and telephone number of the timeshare plan.
(3) The name of the authorized agent or registered agent in
Illinois upon whom claims can be served or service of process can
be had, and the address in Illinois of the authorized agent or
registered agent.
(4) The names of any sales agent, acquisition agent, and
managing entity, and their principal office location, mailing
address, and telephone number.
(5) The certificate of registration or other evidence of
registration from any jurisdiction in which the timeshare plan is
approved or accepted.
(6) A declaration as to whether the timeshare plan is a
single-site timeshare plan or a multi-site timeshare plan and,
if a multi-site timeshare plan, whether it consists of specific
timeshare interests or non-specific timeshare interests.
(7) Disclosure of each jurisdiction in which the developer
has applied for registration of the timeshare plan, and whether
the timeshare plan, its developer, or any of its acquisition
agents, sales agents, or managing entities utilized were denied
registration or were the subject of any disciplinary proceeding.
(8) Copies of any disclosure documents required to be given
to purchasers or required to be filed with the jurisdiction in
which the timeshare plan is approved or accepted as may be
requested by the Office of Banks and Real Estate.
(9) The appropriate fee.
(10) Such other information reasonably required by the
Office of Banks and Real Estate and established by rule.
(f) Preliminary permits. Notwithstanding anything in this
Section to the contrary, the Office of Banks and Real Estate may
grant a 6-month preliminary permit, as established by rule, allowing
the developer to begin offering and selling timeshare interests while
the registration is in process. To obtain a preliminary permit, the
developer shall do all of the following:
(1) Submit a formal written request to the Office of Banks
and Real Estate for a preliminary permit.
2182 JOURNAL OF THE [March 24, 1999]
(2) Submit a substantially complete application for
registration to the Office of Banks and Real Estate, including
all appropriate fees and exhibits required under this Article.
(3) Provide evidence acceptable to the Office of Banks and
Real Estate that all funds received by the developer will be
placed into an independent escrow account with instructions that
funds will not be released until a final registration has been
granted.
(4) Give to each purchaser and potential purchaser a copy of
the proposed public offering statement that the developer has
submitted to the Office of Banks and Real Estate with the initial
application.
(5) Give to each purchaser the opportunity to cancel the
purchase contract in accordance with Section 10-10. The purchaser
shall have an additional opportunity to cancel upon the issuance
of an approved registration if the Office of Banks and Real
Estate determines that there is a substantial difference in the
disclosures contained in the final public offering statement and
those given to the purchaser in the proposed public offering
statement.
(g) Alternative registration; letter of credit or other
assurance; recovery.
(1) Notwithstanding anything in this Act to the contrary,
the Office of Banks and Real Estate may accept, as established by
rule, a registration from a developer for a timeshare plan if the
developer provides all of the following:
(A) A written notice of intent to register under this
Section at least 15 days prior to submission of the
alternative registration.
(B) An irrevocable letter of credit or other acceptable
assurance, as established by rule, in an amount of
$1,000,000, from which an Illinois purchaser aggrieved by
any act, representation, transaction, or conduct of a duly
registered developer or his or her acquisition agent, sales
agent, managing entity, or employee, which violates any
provision of this Act or the rules promulgated under this
Act, or which constitutes embezzlement of money or property
or results in money or property being unlawfully obtained
from any person by false pretenses, artifice, trickery, or
forgery or by reason of any fraud, misrepresentation,
discrimination, or deceit by or on the part of any developer
or agent or employee of the developer and which results in
actual monetary loss as opposed to a loss in market value,
may recover.
(C) The developer's legal name, any assumed names used
by the developer, and the developer's principal office
location, mailing address, main contact person, and
telephone number.
(D) The name, location, mailing address, main contact
person, and telephone number of the timeshare plan included
in the filing.
(E) The name of the authorized agent or registered
agent in Illinois upon whom claims can be served or service
of process can be had, and the address in Illinois of the
authorized agent or registered agent.
(F) The names of any sales agent, acquisition agent,
and managing entity, and their principal office location,
mailing address, and telephone number.
(G) A declaration as to whether the timeshare plan is a
single-site timeshare plan or a multi-site timeshare plan
and, if a multi-site timeshare plan, whether it consists of
HOUSE OF REPRESENTATIVES 2183
specific timeshare interests or non-specific timeshare
interests.
(H) Disclosure of each jurisdiction in which the
developer has applied for registration of the timeshare
plan, and whether the timeshare plan, its developer, or any
of its acquisition agents, sales agents, or managing
entities utilized were denied registration or were the
subject of any disciplinary proceeding.
(I) The required fee.
(J) Such other information reasonably required by the
Office of Banks and Real Estate and established by rule.
(2) Any letter of credit or other acceptable assurance
shall remain in effect with the Office of Banks and Real Estate
for a period of 12 months after the date the developer does not
renew or otherwise cancel his or her registration with the State
of Illinois or 12 months after the Office of Banks and Real
Estate revokes, suspends, or otherwise disciplines such
registration, provided there is no pending litigation alleging a
violation of any provision of this Act known by the Office of
Banks and Real Estate and certified by the developer.
(3) The Office of Banks and Real Estate shall establish
procedures, by rule, to satisfy claims by any Illinois purchaser
pursuant to this Section.
(4) The Office of Banks and Real Estate shall automatically
suspend the registration of any developer pursuant to Section
15-25 of this Act in the event the Office authorizes or directs
payment to an Illinois purchaser from the letter of credit or
other acceptable assurance pursuant to this Section and as
established by rule.
(h) A developer who registers a timeshare plan pursuant to this
Act shall provide the purchaser with a public offering statement that
complies with Section 5-25 and any disclosures or other written
information required by this Act.
(i) Nothing contained in this Section shall affect the Office of
Banks and Real Estate's ability to initiate any disciplinary action
against a developer in accordance with this Act.
(j) For purposes of this Section, "Illinois purchaser" means a
person who, within the State of Illinois, is solicited, offered, or
sold a timeshare interest in a timeshare plan registered pursuant to
this Section.
Section 5-20. Developer supervisory duties. The developer shall
have the duty to supervise, manage, and control all aspects of the
offering of the timeshare plan, including, but not limited to,
promotion, advertising, contracting, and closing. The developer shall
have responsibility for each timeshare plan registered with the
Office of Banks and Real Estate and for the actions of any sales
agent, managing entity, and acquisition agent utilized by the
developer in the offering or selling of any registered timeshare
plan. Any violation of this Act which occurs during the offering
activities shall be deemed to be a violation by the developer as well
as by the acquisition agent, sales agent, or managing entity who
actually committed such violation. Notwithstanding anything to the
contrary in this Act, the developer shall be responsible for the
actions of the association and managing entity only while they are
subject to the developer's control.
Section 5-25. Timeshare plan public offering statement
requirements.
(a) A developer shall prepare a public offering statement, shall
provide the statement to each purchaser of a timeshare interest in
any timeshare plan at the time of purchase, and shall fully and
accurately disclose those facts concerning the timeshare developer
2184 JOURNAL OF THE [March 24, 1999]
and timeshare plan that are required by this Act or by rule. The
public offering statement shall be in writing and dated and shall
require the purchaser to certify in writing the receipt thereof.
(b) With regard to timeshare interests offered in a timeshare
plan, a public offering statement shall fully and accurately disclose
the following:
(1) The name of the developer and the principal address of
the developer.
(2) A description of the type of timeshare interests being
offered.
(3) A general description of the existing and proposed
accommodations and amenities of the timeshare plan, including
their type and number, personal property furnishing the
accommodation, any use restrictions, and any required fees for
use.
(4) A description of any accommodations and amenities that
are committed to be built, including, without limitation:
(A) the developer's schedule of commencement and
completion of all accommodations and amenities; and
(B) the estimated number of accommodations per site
that may become subject to the timeshare plan.
(5) A brief description of the duration, phases, and
operation of the timeshare plan.
(6) The current annual budget, if available, or the
projected annual budget for the timeshare plan. The budget shall
include, without limitation:
(A) a statement of the amount, or a statement that
there is no amount, included in the budget as a reserve for
repairs and replacement;
(B) the projected common expense liability, if any, by
category of expenditures for the timeshare plan; and
(C) a statement of any services or expenses not
reflected in the budget that the developer provides or pays.
(7) Any initial or special fee due from the purchaser at
closing, together with a description of the purpose and method of
calculating the fee.
(8) A description of any liens, defects, or encumbrances on
or affecting the title to the timeshare interests.
(9) A description of any financing offered by or available
through the developer.
(10) A statement that within 5 calendar days after receipt
of the public offering statement or after execution of the
purchase contract, whichever is later, a purchaser may cancel any
purchase contract for a timeshare interest from a developer
together with a statement providing the name and street address
to which the purchaser should mail any notice of cancellation.
However, if by agreement of the parties by and through the
purchase contract, the purchase contract allows for cancellation
of the purchase contract for a period of time exceeding 5
calendar days, then the public offering statement shall include a
statement that the cancellation of the purchase contract is
allowed for that period of time exceeding 5 calendar days.
(11) A statement of any pending suits, adjudications, or
disciplinary actions material to the timeshare interests of which
the developer has knowledge.
(12) Any restrictions on alienation of any number or
portion of any timeshare interests.
(13) A statement describing liability and casualty
insurance for the timeshare property.
(14) Any current or expected fees or charges to be paid by
timeshare purchasers for the use of any amenities related to the
HOUSE OF REPRESENTATIVES 2185
timeshare property.
(15) The extent to which financial arrangements have been
provided for completion of all promised improvements.
(16) The developer or managing entity must notify the
Office of Banks and Real Estate of the extent to which an
accommodation may become subject to a tax or other lien arising
out of claims against other purchasers in the same timeshare
plan. The Office of Banks and Real Estate may require the
developer or managing entity to notify a prospective purchaser of
any such potential tax or lien which would materially and
adversely affect the prospective purchaser.
(17) A statement indicating that the developer and
timeshare plan are registered with the State of Illinois.
(18) If the timeshare plan provides purchasers with the
opportunity to participate in an exchange program, a description
of the name and address of the exchange company and the method by
which a purchaser accesses the exchange program.
(19) Such other information reasonably required by the
Office of Banks and Real Estate and established by administrative
rule necessary for the protection of purchasers of timeshare
interests in timeshare plans.
(20) Any other information that the developer, with the
approval of the Office of Banks and Real Estate, desires to
include in the public offering statement.
(c) A developer offering a multi-site timeshare plan shall also
fully and accurately disclose the following information, which may be
disclosed in a written, graphic, or tabular form:
(1) A description of each component site, including the
name and address of each component site.
(2) The number of accommodations and timeshare periods,
expressed in periods of 7-day use availability, committed to the
multi-site timeshare plan and available for use by purchasers.
(3) Each type of accommodation in terms of the number of
bedrooms, bathrooms, and sleeping capacity, and a statement of
whether or not the accommodation contains a full kitchen. For
purposes of this description, a "full kitchen" means a kitchen
having a minimum of a dishwasher, range, sink, oven, and
refrigerator.
(4) A description of amenities available for use by the
purchaser at each component site.
(5) A description of the reservation system, which shall
include the following:
(A) The entity responsible for operating the
reservation system.
(B) A summary of the rules and regulations governing
access to and use of the reservation system.
(C) The existence of and an explanation regarding any
priority reservation features that affect a purchaser's
ability to make reservations for the use of a given
accommodation on a first-come, first-served basis.
(6) A description of any right to make any additions,
substitutions, or deletions of accommodations or amenities, and a
description of the basis upon which accommodations and amenities
may be added to, substituted in, or deleted from the multi-site
timeshare plan.
(7) A description of the purchaser's liability for any fees
associated with the multi-site timeshare plan.
(8) The location and the anticipated relative use demand of
each component site in a multi-site timeshare plan, as well as
any periodic adjustment or amendment to the reservation system
which may be needed in order to respond to actual purchaser use
2186 JOURNAL OF THE [March 24, 1999]
patterns and changes in purchaser use demand for the
accommodations existing at that time within the multi-site
timeshare plan.
(9) Such other information reasonably required by the
Office of Banks and Real Estate and established by administrative
rule necessary for the protection of purchasers of timeshare
interests in timeshare plans.
(10) Any other information that the developer, with the
approval of the Office of Banks and Real Estate, desires to
include in the public offering statement.
(d) If a developer offers a non-specific timeshare interest in a
multi-site timeshare plan, the developer shall disclose the
information set forth in subsection (b) as to each component site.
Section 5-30. Exchange company registration and disclosure
requirements.
(a) Each exchange company offering an exchange program to
purchasers in this State shall register with the Office of Banks and
Real Estate by July 1 of each year. The registration shall consist
of the information specified in this Section. However, an exchange
company shall make its initial registration at least 20 calendar days
prior to offering membership in an exchange program to any purchaser
in this State.
(b) If a purchaser is offered the opportunity to become a member
of an exchange program, the developer shall deliver to the purchaser,
together with the public offering statement and any other materials
required to be furnished under this Section, and prior to the
offering or execution of any contract between the purchaser and the
exchange company offering membership in the exchange program, or, if
the exchange company is dealing directly with the purchaser, the
developer or the exchange company shall deliver to the purchaser,
prior to the initial offering or execution of any contract between
the purchaser and the exchange company, the following written
information regarding the exchange program, the form and substance of
which shall first be approved by the Office of Banks and Real Estate
in accordance with this Section:
(1) The name and address of the exchange company.
(2) The names of all officers, directors, and shareholders
of the exchange company.
(3) Whether the exchange company or any of its officers or
directors have any legal or beneficial interest in any developer,
seller, or managing entity for any timeshare plan participating
in the exchange program and, if so, the identity of the timeshare
plan and the nature of the interest.
(4) Unless otherwise stated, a statement that the
purchaser's contract with the exchange company is a contract
separate and distinct from the purchaser's contract with the
seller of timeshare interests.
(5) Whether the purchaser's participation in the exchange
program is dependent upon the continued affiliation of the
applicable timeshare plan with the exchange program.
(6) A statement that the purchaser's participation in the
exchange program is voluntary.
(7) A complete and accurate description of the terms and
conditions of the purchaser's contractual relationship with the
exchange program and the procedure by which changes thereto may
be made.
(8) A complete and accurate description of the procedures
necessary to qualify for and effectuate exchanges.
(9) A complete and accurate description of all limitations,
restrictions, and priorities employed in the operation of the
exchange program, including but not limited to limitations on
HOUSE OF REPRESENTATIVES 2187
exchanges based on seasonality, accommodation size, or levels of
occupancy, expressed in conspicuous type, and, in the event that
those limitations, restrictions, or priorities are not uniformly
applied by the exchange company, a clear description of the
manner in which they are applied.
(10) Whether exchanges are arranged on a space-available
basis and whether any guarantees of fulfillment of specific
requests for exchanges are made by the exchange company.
(11) Whether and under what circumstances an owner, in
dealing with the exchange program, may lose the right to use and
occupy an accommodation of the timeshare plan during a reserved
use period with respect to any properly applied-for exchange
without being provided with substitute accommodations by the
exchange program.
(12) The fees or range of fees for participation by owners
in the exchange program, a statement of whether any such fees may
be altered by the exchange company, and the circumstances under
which alterations may be made.
(13) The name and address of the site of each accommodation
included within a timeshare plan participating in the exchange
program.
(14) The number of accommodations in each timeshare plan
that are available for occupancy and that qualify for
participation in the exchange program, expressed within the
following numerical groups: 1-5; 6-10; 11-20; 21-50; and 51 and
over.
(15) The number of currently enrolled owners for each
timeshare plan participating in the exchange program, expressed
within the following numerical groups: 1-100; 101-249; 250-499;
500-999; and 1,000 and over; and a statement of the criteria used
to determine those owners who are currently enrolled with the
exchange program.
(16) The disposition made by the exchange company of use
periods deposited with the exchange program by owners enrolled in
the exchange program and not used by the exchange company in
effecting exchanges.
(17) The following information for the preceding calendar
year, which shall be independently audited by a certified public
accountant in accordance with the standards of the Accounting
Standards Board of the American Institute of Certified Public
Accountants and reported annually no later than August 1 of each
year:
(A) The number of owners currently enrolled in the
exchange program.
(B) The number of timeshare plans that have current
affiliation agreements with the exchange program.
(C) The percentage of confirmed exchanges, which is
the number of exchanges confirmed by the exchange program
divided by the number of exchanges properly applied for,
together with a complete and accurate statement of the
criteria used to determine whether an exchange request was
properly applied for.
(D) The number of use periods for which the exchange
program has an outstanding obligation to provide an exchange
to an owner who relinquished a use period during a
particular year in exchange for a use period in any future
year.
(E) The number of exchanges confirmed by the exchange
program during the year.
(F) A statement in conspicuous type to the effect that
the percentage described in subdivision (17)(C) of this
2188 JOURNAL OF THE [March 24, 1999]
subsection is a summary of the exchange requests entered
with the exchange program in the period reported and that
the percentage does not indicate the probabilities of an
owner's being confirmed to any specific choice or range or
choices.
(18) Such other information as may be reasonably required by
the Office of Banks and Real Estate of any exchange company as
established by rule.
(c) No developer shall have any liability with respect to any
violation of this Act arising out of the publication by the developer
of information provided to it by an exchange company pursuant to this
Article. No exchange company shall have any liability with respect
to any violation of this Act arising out of the use by a developer of
information relating to an exchange program other than that provided
to the developer by the exchange company.
(d) All written, visual, and electronic communications relating
to an exchange company or an exchange program shall be filed with the
Office of Banks and Real Estate upon its request.
(e) The failure of an exchange company to observe the
requirements of this Section, and the use of any unfair or deceptive
act or practice in connection with the operation of an exchange
program, is a violation of this Act.
(f) An exchange company may elect to deny exchange privileges to
any owner whose use of the accommodations of the owner's timeshare
plan is denied, and no exchange program or exchange company shall be
liable to any of its members or any third parties on account of any
such denial of exchange privileges.
Section 5-35. Resale agent registration requirements.
(a) Every resale agent as defined in this Act shall register
with the Office of Banks and Real Estate.
(b) Every resale agent shall be responsible for registering the
following information with the Office of Banks and Real Estate on
forms provided by the Office of Banks and Real Estate:
(1) A description of the resale program offered by the
resale agent.
(2) The legal name, any assumed names, and the mailing
address, street address, contact person, and telephone number of
the resale agent.
(3) A properly executed consent-to-audit form, which allows
the Office of Banks and Real Estate to audit any escrow accounts
held by the resale agent.
(4) Any other information required by the Office of Banks
and Real Estate to be filed by resale agents, as established by
rule.
(c) The following shall be exempt from registration under this
Section:
(1) Any developer, sales agent, acquisition agent, or
managing entity that is currently registered pursuant to this
Act.
(2) Any purchaser that sells or offers to sell his or her
own timeshare interest.
(3) Any homeowners' association that sells or offers to
sell its own timeshare interests acquired through foreclosure,
deed in lieu of foreclosure, or gratuitous transfer.
(4) Any person who is licensed under the Real Estate
License Act of 1983 or its successor Act.
Section 5-40. Resale agent duties. Whether registered or exempt
from registration under Section 5-35, a resale agent shall comply
with all of the following:
(a) Prior to engaging in any resale activities on behalf of any
owner of a timeshare interest, a resale agent shall enter into a
HOUSE OF REPRESENTATIVES 2189
listing agreement with that owner. Every listing agreement shall be
in writing and signed by both the resale agent and the timeshare
interest owner. The requirements of the written listing agreement
shall be established by rule, but at a minimum the listing agreement
shall disclose the method of compensation, a definite date of
termination, whether any fees are non-refundable, and whether the
agreement permits the timeshare resale agent or any other person to
make any use whatsoever of the owner's timeshare interest or receive
any rents or profits generated from such use of the timeshare
interest.
(b) A resale agent shall maintain records as required by rule.
The records required to be maintained include, but are not limited
to, all listing agreements, copies of disbursement authorizations in
accordance with subsection (c), and resale contracts.
(c) A resale agent who collects any fees prior to a transfer of
an interest from any owner shall deposit the fees in an escrow
account. Any fees that are to be paid to the resale agent prior to
closing may be disbursed from the escrow account only upon receipt of
a disbursement authorization, signed by the owner, in the following
form:
"I, (name of owner&), am the owner of a timeshare interest
in (name of timeshare plan). I understand that for my
protection I can require the entire fee to be held in escrow
until the closing on the resale of my timeshare interest, but I
am authorizing a release before the transfer in the following
amount: (amount written in words) ($ (amount in numbers)), for
the following purpose or purposes (description of purpose or
purposes). I understand that the resale agent is regulated by
the Office of Banks and Real Estate under the Real Estate
Timeshare Act of 1999. The Office of Banks and Real Estate
requires the resale agent to obtain this disbursement
authorization with my signature before disbursement of my funds."
(d) A resale agent shall utilize a purchase agreement that
discloses to a purchaser of a timeshare interest all of the
following:
(1) A legally sufficient description of the timeshare
interest being purchased.
(2) The name and address of the managing entity of the
timeshare property.
(3) The current year's assessment for the common expenses
allocated to the timeshare interest being purchased including the
time period to which the assessment relates and the date on which
it is due. If not included in the applicable common expense
assessment, the amount of any real or personal property taxes
allocated to the timeshare interest being purchased.
(4) A complete and accurate disclosure of the terms and
conditions of the purchase and closing, including the obligations
of the owner, the purchaser, or both for closing costs and the
title insurance.
(5) The entity responsible for providing notification to
the managing entity of the timeshare plan and the applicable
exchange company regarding any change in the ownership of the
timeshare interest.
(6) A statement of the first year in which the purchaser is
entitled to receive the actual use rights and occupancy of the
timeshare interest, as determined by the managing entity of the
timeshare plan and any exchange company.
(7) In making the disclosures required by this subsection
(d), the timeshare resale agent may rely upon information
provided in writing by the owner or managing entity of the
timeshare plan.
2190 JOURNAL OF THE [March 24, 1999]
(8) The purchaser's 5-day cancellation period as required
by Section 10-10.
(9) Any other information determined by the Office of Banks
and Real Estate and established by rule.
Section 5-45. Amendment to registration information or public
offering statement. The developer, resale agent, and exchange
company shall amend or supplement their disclosure documents and
registration information to reflect any material change in any
information required by this Act or the rules implementing this Act.
All such amendments, supplements, and changes shall be filed with the
Office of Banks and Real Estate within 20 calendar days of the
material change.
Section 5-50. Registration review time frames. Every
registration required to be filed with the Office of Banks and Real
Estate under this Act shall be reviewed and issued a certificate of
registration in accordance with the following schedule:
(1) Comprehensive registration. Registration shall be
effective only upon the issuance of a certificate of registration
by the Office of Banks and Real Estate, which, in the ordinary
course of business, should occur no more than 60 calendar days
after actual receipt by the Office of Banks and Real Estate of
the properly completed application. The Office of Banks and Real
Estate must provide a list of deficiencies in the application, if
any, within 60 calendar days of receipt.
(2) Abbreviated registration. Registration shall be
effective only upon the issuance of a certificate of registration
by the Office of Banks and Real Estate, which, in the ordinary
course of business, should occur no more than 30 calendar days
after actual receipt by the Office of Banks and Real Estate of
the properly completed application. The Office of Banks and Real
Estate must provide a list of deficiencies in the application, if
any, within 30 calendar days of receipt.
(3) Alternative assurance registration. Registration shall
be deemed effective within 15 calendar days of receipt, unless
the Office of Banks and Real Estate provides to the applicant a
written list of deficiencies in the application, if any, within
15 calendar days of receipt.
(4) Preliminary permit registration. A preliminary permit
shall be issued within 15 calendar days of receipt, unless the
Office of Banks and Real Estate provides to the applicant a
written list of deficiencies in the application, if any, within
15 calendar days of receipt.
(5) Exchange company registration. Registration shall be
effective upon receipt by the Office of Banks and Real Estate of
a properly completed application. The Office of Banks and Real
Estate must provide a list of deficiencies in the application, if
any, within 30 calendar days of receipt.
Section 5-55. Fees. The Office of Banks and Real Estate shall
provide, by rule, for fees to be paid by applicants and registrants
to cover the reasonable costs of the Office of Banks and Real Estate
in administering and enforcing the provisions of this Act. The Office
of Banks and Real Estate may also provide, by rule, for general fees
to cover the reasonable expenses of carrying out other functions and
responsibilities under this Act.
Section 5-60. Registration; offer or disposal of interest. A
developer, exchange company, or resale agent, or any of their agents,
shall not sell, offer, or dispose of a timeshare interest unless all
necessary registrations are filed and approved by the Office of Banks
and Real Estate, or while an order revoking or suspending a
registration is in effect.
An applicant for registration under this Act shall submit the
HOUSE OF REPRESENTATIVES 2191
necessary information to complete the application, as required by the
Office of Banks and Real Estate, within 6 months from the date of the
initial registration application was received by the Office of Banks
and Real Estate. If the applicant fails to submit the information
necessary to complete the application as required by the Office of
Banks and Real Estate with the six month period, said application
shall be voided, and a new registration application with applicable
fees must be submitted.
Section 5-65. Securities. The offer or disposition of a
timeshare interest in a timeshare plan which satisfies all the
requirements of this Act shall not be deemed to constitute the offer
and sale of a security under the Illinois Securities Law of 1953.
Article 10. Business Practices
Section 10-5. Management and operation provisions.
(a) Before the first sale of a timeshare interest, the developer
shall create or provide for a managing entity, which shall be either
the developer, a separate manager or management firm, the board of
directors of an owners' association, or some combination thereof.
(b) The duties of the managing entity include, but are not
limited to:
(1) Management and maintenance of all accommodations
constituting the timeshare plan.
(2) Collection of all assessments as provided in the
timeshare instrument.
(3) Providing to all purchasers each year an itemized
annual budget, which shall include all estimated revenues and
expenses.
(4) Maintenance of all books and records concerning the
timeshare plan.
(5) Scheduling occupancy of accommodations, when
purchasers are not entitled to use specific timeshare periods, so
that all purchasers will be provided the opportunity to use and
possession of the accommodations of the timeshare plan which they
have purchased.
(6) Performing any other functions and duties that are
necessary and proper to maintain the accommodations or that are
required by the timeshare instrument.
(c) In the event a developer, managing entity, or association
files a complaint in a foreclosure proceeding involving timeshare
interests, the developer, managing entity, or association may join in
the same action multiple defendant obligors and junior interest
holders of separate timeshare interests, provided:
(1) the foreclosure proceeding involves a single timeshare
plan;
(2) the foreclosure proceeding is filed by a single
plaintiff;
(3) the default and remedy provisions in the written
instruments on which the foreclosure proceeding is based are
substantially the same for each defendant; and
(4) the nature of the defaults alleged is the same for each
defendant.
(d) In any foreclosure proceeding involving multiple defendants
filed under subsection (c), the court shall sever for separate trial
any count of the complaint in which a defense or counterclaim is
timely raised by a defendant.
Section 10-10. Cancellation of purchase contract. Any
purchase contract entered into by and between a developer or resale
agent and a purchaser shall be voidable by the developer, the resale
agent, or the purchaser, without penalty, within 5 calendar days
after the receipt of the public offering statement or the execution
of the purchase contract, whichever is later. The purchase contract
2192 JOURNAL OF THE [March 24, 1999]
shall provide notice of the 5-day cancellation period, together with
the name and mailing address to which any notice of cancellation
shall be delivered. Notice of cancellation shall be deemed timely if
the notice is deposited with the United States Postal Service not
later than midnight of the fifth calendar day.
Upon such cancellation, the developer or resale agent shall
refund to the purchaser all payments made by the purchaser, less the
amount of any benefits actually received pursuant to the purchase
contract. The refund shall be made within 20 calendar days after the
receipt of the notice of cancellation, or receipt of funds from the
purchaser's cleared check, whichever occurs later.
If any party elects to cancel a purchase contract pursuant to
this Section, that party may do so by hand delivering a written
notice of cancellation or by mailing a notice of cancellation by
certified mail, return receipt requested, to the other party at an
address set forth in the purchase contract.
Section 10-15. Interests, liens, and encumbrances; alternative
assurances.
(a) Excluding any encumbrance placed against the purchaser's
timeshare interest securing the purchaser's payment of purchase-money
financing for such purchase, the developer shall not be entitled to
the release of any funds escrowed under subsection (d) of Section
5-15 with respect to each timeshare interest and any other property
or rights to property appurtenant to the timeshare interest,
including any amenities represented to the purchaser as being part of
the timeshare plan, until the developer has provided satisfactory
evidence to the Office of Banks and Real Estate of one of the
following:
(1) The timeshare interest together with any other property
or rights to property appurtenant to the timeshare interest,
including any amenities represented to the purchaser as being
part of the timeshare plan, are free and clear of any of the
claims of the developer, any owner of the underlying fee, a
mortgagee, judgment creditor, or other lienor, or any other
person having an interest in or lien or encumbrance against the
timeshare interest or appurtenant property or property rights.
(2) The developer, any owner of the underlying fee, a
mortgagee, judgment creditor, or other lienor, or any other
person having an interest in or lien or encumbrance against the
timeshare interest or appurtenant property or property rights,
including any amenities represented to the purchaser as being
part of the timeshare plan, has recorded a subordination and
notice to creditors document in the appropriate public records of
the jurisdiction in which the timeshare interest is located. The
subordination document shall expressly and effectively provide
that the interest holder's right, lien, or encumbrance shall not
adversely affect, and shall be subordinate to, the rights of the
owners of the timeshare interests in the timeshare plan
regardless of the date of purchase, from and after the effective
date of the subordination document.
(3) The developer, any owner of the underlying fee, a
mortgagee, judgment creditor, or other lienor, or any other
person having an interest in or lien or encumbrance against the
timeshare interest or appurtenant property or property rights,
including any amenities represented to the purchaser as being
part of the timeshare plan, has transferred the subject
accommodations or amenities or all use rights therein to a
nonprofit organization or owners' association to be held for the
use and benefit of the owners of the timeshare plan, which entity
shall act as a fiduciary to the purchasers, provided that the
developer has transferred control of such entity to the owners or
HOUSE OF REPRESENTATIVES 2193
does not exercise its voting rights in such entity with respect
to the subject accommodations or amenities. Prior to the
transfer, any lien or other encumbrance against the accommodation
or facility shall be made subject to a subordination and notice
to creditors instrument pursuant to paragraph (2).
(4) Alternative arrangements have been made which are
adequate to protect the rights of the purchasers of the timeshare
interests and approved by the Office of Banks and Real Estate.
(b) Nothing in this Section shall prevent a developer from
accessing any escrow funds if the developer has complied with
subsection (c) of Section 5-15.
Section 10-20. Licenses. Any sales or resale agent shall
comply with the provisions of the Real Estate License Act of 1983, or
its successor Act and the rules adopted pursuant to that Act,
including licensures, unless otherwise exempt under the Real Estate
License Act of 1983.
Section 10-25. Liability; material misrepresentation.
(a) A developer or other person offering a timeshare plan may
not do any of the following:
(1) Misrepresent a fact material to a purchaser's decision
to buy a timeshare interest.
(2) Predict specific or immediate increases in the value of
a timeshare interest represented over a period of time, excluding
bona fide pending price increases by the developer.
(3) Materially misrepresent the qualities or
characteristics of accommodations or the amenities available to
the occupant of those accommodations.
(4) Misrepresent the length of time accommodations or
amenities will be available to the purchaser of a timeshare
interest.
(5) Misrepresent the conditions under which a purchaser of
a timeshare interest may exchange the right of his or her
occupancy for the right to occupy other accommodations.
(b) A developer or other person using a promotion in connection
with the offering of a timeshare interest shall clearly disclose all
of the following:
(1) That the purpose of the promotion is to sell timeshare
interests, which shall appear in bold face or other conspicuous
type.
(2) That any person whose name or address is obtained
during the promotion may be solicited to purchase a timeshare
interest.
(3) The name of each developer or other person trying to
sell a timeshare interest through the promotion, and the name of
each person paying for the promotion.
(4) The complete rules of the promotion.
(5) The method of awarding prizes, gifts, vacations,
discount vacations, or other benefits under the promotion; a
complete and fully detailed description, including approximate
retail value, of all prizes, gifts, or benefits under the
promotion; the quantity of each prize, gift, or benefit to be
awarded or conferred; and the date by which each prize, gift, or
benefit will be awarded or conferred.
(6) Any other disclosures provided by rule.
(c) If a person represents that a prize, gift, or benefit will
be awarded in connection with a promotion, the prize, gift, or
benefit must be awarded or conferred in the manner represented, and
on or before the date represented.
Section 10-30. Records. The managing entity shall keep
detailed financial records directly related to the operation of the
association. All financial and other records shall be made
2194 JOURNAL OF THE [March 24, 1999]
reasonably available for examination by any purchaser, or the
authorized agent of the purchaser, and the Office of Banks and Real
Estate. For purposes of this Section, the books and records of the
timeshare plan shall be considered "reasonably available" if copies
of the requested portions are delivered to the purchaser or the
purchaser's agent or the Office of Banks and Real Estate within 7
days of the date the managing entity receives a written request for
the records signed by the purchaser or the Office of Banks and Real
Estate. The managing entity may charge the purchaser a reasonable
fee for copying the requested information.
Section 10-35. Maintenance of records. Every developer,
exchange company, or resale agent shall maintain, for a period of 2
years, records of any individuals employed by the developer, exchange
company, or resale agent, including the last known address of each of
those individuals.
Section 10-40. Partition. No action for partition of a
timeshare interest may be initiated except as permitted by the
timeshare instrument.
Article 15. Disciplinary Provisions
Section 15-5. Investigation. The Office of Banks and Real
Estate may investigate the actions or qualifications of any person
or persons holding or claiming to hold a certificate of registration
under this Act. Such a person is referred to as "the respondent" in
this Article.
Section 15-10. Disciplinary hearings; record; appointment of
administrative law judge.
(a) The Office of Banks and Real Estate has the authority to
conduct hearings before an administrative law judge on proceedings to
revoke, suspend, place on probation, reprimand, or refuse to issue or
renew registrants registered under this Act, or to impose a civil
penalty not to exceed $25,000 upon any registrant registered under
this Act.
(b) The Office of Banks and Real Estate, at its expense, shall
preserve a record of all proceedings at the formal hearing of any
case involving the refusal to issue or the revocation, suspension, or
other discipline of a registrant. The notice of hearing, complaint,
and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, the
report of the Board, and the orders of the Office of Banks and Real
Estate shall be the record of proceeding. At all hearings or
prehearing conferences, the Office of Banks and Real Estate and the
respondent shall be entitled to have a court reporter in attendance
for purposes of transcribing the proceeding or prehearing conference.
(c) The Commissioner has the authority to appoint any attorney
duly licensed to practice law in the State of Illinois to serve as an
administrative law judge in any action for refusal to issue or renew
a certificate of registration or to discipline a registrant or person
holding a certificate of registration. The administrative law judge
has full authority to conduct the hearing. The administrative law
judge shall report his or her findings and recommendations to the
Commissioner. If the Commissioner disagrees with the recommendation
of the administrative law judge, the Commissioner may issue an order
in contravention of the recommendation.
Section 15-15. Notice of proposed disciplinary action; hearing.
(a) Before taking any disciplinary action with regard to any
registrant, the Office of Banks and Real Estate shall:
(1) notify the respondent in writing, at least 30 calendar
days prior to the date set for the hearing, of any charges made,
the time and place for the hearing of the charges, and that
testimony at the hearing will be heard under oath; and
(2) inform the respondent that upon failure to file an
HOUSE OF REPRESENTATIVES 2195
answer and request a hearing before the date originally set for
the hearing, default will be taken against the respondent and the
respondent's registration may be suspended or revoked, or the
respondent may be otherwise disciplined, as the Office of Banks
and Real Estate may deem proper.
(b) If the respondent fails to file an answer after receiving
notice, the respondent's registration may, in the discretion of the
Office of Banks and Real Estate, be revoked or suspended, or the
respondent may be otherwise disciplined as deemed proper, without a
hearing, if the act or acts charged constitute sufficient grounds for
that action under this Act.
(c) At the time and place fixed in the notice, the Office of
Banks and Real Estate shall proceed to hearing of the charges. Both
the respondent and the complainant shall be accorded ample
opportunity to present in person, or by counsel, statements,
testimony, evidence, and argument that may be pertinent to the
charges or any defense to the charges.
Section 15-20. Disciplinary consent orders. Notwithstanding any
other provisions of this Act concerning the conduct of hearings and
recommendations for disciplinary actions, the Office of Banks and
Real Estate has the authority to negotiate agreements with
registrants and applicants resulting in disciplinary consent orders.
Any such consent order may provide for any form of discipline
provided for in the Act. Any such consent order shall provide that it
is not entered into as a result of any coercion by the Office of
Banks and Real Estate. Any such consent order shall be accepted by
signature or rejected by the Commissioner in a timely manner.
Section 15-25. Disciplinary action; civil penalty. The Office
of Banks and Real Estate may refuse to issue or renew any
registration, or revoke or suspend any registration or place on
probation or administrative supervision, or reprimand any registrant,
or impose a civil penalty not to exceed $25,000, for any one or any
combination of the following causes:
(1) A registrant's disregard or violation of any provision
of this Act or of the rules adopted by the Office of Banks and
Real Estate to enforce this Act.
(2) A conviction of the registrant or any principal of the
registrant of (i) a felony under the laws of any U.S.
jurisdiction, (ii) a misdemeanor under the laws of any U.S.
jurisdiction if an essential element of the offense is
dishonesty, or (iii) a crime under the laws of any U.S.
jurisdiction if the crime relates directly to the practice of the
profession regulated by this Act.
(3) A registrant's making any misrepresentation for the
purpose of obtaining a registration or certificate of
registration.
(4) A registrant's discipline by another U.S. jurisdiction,
state agency, or foreign nation regarding the practice of the
profession regulated by this Act, if at least one of the grounds
for the discipline is the same as or substantially equivalent to
one of those set forth in this Act.
(5) A finding by the Office of Banks and Real Estate that
the registrant, after having his or her registration placed on
probationary status, has violated the terms of probation.
(6) A registrant's practicing or attempting to practice
under a name other than the name as shown on his or her
registration or any other legally authorized name.
(7) A registrant's failure to file a return, or to pay the
tax, penalty, or interest shown in a filed return, or to pay any
final assessment of tax, penalty, or interest, as required by any
tax Act administered by the Illinois Department of Revenue, until
2196 JOURNAL OF THE [March 24, 1999]
the requirements of any such tax Act are satisfied.
(8) A registrant's engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud,
or harm the public.
(9) A registrant's aiding or abetting another person or
persons in disregarding or violating any provision of this Act or
of the rules adopted by the Office of Banks and Real Estate to
enforce this Act.
(10) Any representation in any document or information
filed with the Office of Banks and Real Estate which is false or
misleading.
(11) A registrant's disseminating or causing to be
disseminated any false or misleading promotional materials or
advertisements in connection with a timeshare plan.
(12) A registrant's concealing, diverting, or disposing of
any funds or assets of any person in a manner that impairs the
rights of purchasers of timeshare interests in the timeshare
plan.
(13) A registrant's failure to perform any stipulation or
agreement made to induce the Office of Banks and Real Estate to
issue an order relating to the timeshare plan.
(14) A registrant's engaging in any act that constitutes a
violation of Section 3-102, 3-103, 3-104, or 3-105 of the
Illinois Human Rights Act.
(15) A registrant's failure to provide information requested
in writing by the Office of Banks and Real Estate, within 30 days
of the request, either as the result of a formal or informal
complaint to the Office of Banks and Real Estate or as a result
of a random audit conducted by the Office of Banks and Real
Estate, which would indicate a violation of this Act.
(16) A registrant's failure to account for or remit any
escrow funds coming into his or her possession which belonged to
others.
(17) A registrant's failure to make available to Office of
Banks and Real Estate personnel during normal business hours all
escrow records and related documents maintained in connection
therewith, within 24 hours after a request from the Office of
Banks and Real Estate personnel.
Section 15-30. Subpoenas; attendance of witnesses; oaths.
(a) The Office of Banks and Real Estate has the power to issue
subpoenas ad testificandum and to bring before it any persons, and to
take testimony either orally or by deposition, or both, with the same
fees and mileage and in the same manner as prescribed in civil cases
in the courts of this State. The Office of Banks and Real Estate has
the power to issue subpoenas duces tecum and to bring before it any
documents, papers, files, books, and records, with the same costs and
in the same manner as prescribed in civil cases in the courts of this
State.
(b) Upon application of the Office of Banks and Real Estate or
its designee or of the applicant, registrant, or person holding a
certificate of registration against whom proceedings under this Act
are pending, any circuit court may enter an order compelling the
enforcement of any subpoena issued by the Office of Banks and Real
Estate in connection with any hearing or investigation.
(c) The Commissioner and the designated administrative law judge
have power to administer oaths to witnesses at any hearing that the
Office of Banks and Real Estate is authorized to conduct and any
other oaths authorized in any Act administered by the Office of Banks
and Real Estate.
Section 15-35. Administrative law judge's findings of fact,
conclusions of law, and recommendations. At the conclusion of the
HOUSE OF REPRESENTATIVES 2197
hearing, the administrative law judge shall present to the
Commissioner a written report of the administrative law judge's
findings of fact, conclusions of law, and recommendations regarding
discipline or a civil penalty. The report shall contain a finding of
whether or not the respondent violated this Act or failed to comply
with conditions required in this Act. The administrative law judge
shall specify the nature of the violation or failure to comply.
If the Commissioner disagrees in any regard with the report of
the administrative law judge, the Commissioner may issue an order in
contravention of the report. The Commissioner shall provide a
written report to the administrative law judge on any deviation and
shall specify with particularity the reasons for that action in the
final order.
Section 15-40. Rehearing. After any hearing involving
disciplinary action against a registrant, a copy of the
administrative law judge's report shall be served on the respondent
by the Office of Banks and Real Estate, either personally or as
provided in this Act for the service of the notice of hearing.
Within 20 calendar days after the service, the respondent may present
to the Office of Banks and Real Estate a motion in writing for a
rehearing. The motion shall specify the particular grounds for
rehearing. If the respondent orders a transcript of the record from
the reporting service and pays for it within the time for filing a
motion for rehearing, the 20 calendar day period within which a
motion for rehearing may be filed shall commence upon the delivery of
the transcript to the respondent.
If no motion for rehearing is filed, then upon the expiration of
the time specified for filing a motion, or if a motion for rehearing
is denied, then upon denial, the Commissioner may enter an order in
accordance with the recommendations of the administrative law judge,
except as otherwise provided in this Article. Whenever the
Commissioner is not satisfied that substantial justice has been done
in the hearing or in the administrative law judge's report, the
Commissioner may order a rehearing by the same or some other duly
qualified administrative law judge.
Section 15-45. Order or certified copy. An order or a certified
copy of an order, over the seal of the Office of Banks and Real
Estate and purporting to be signed by the Commissioner, shall be
prima facie proof of the following:
(1) That the signature is the genuine signature of the
Commissioner.
(2) That the Commissioner is duly appointed and qualified.
(3) That the administrative law judge is duly appointed and
qualified.
Section 15-50. Restoration of certificate of registration. At
any time after the suspension or revocation of any certificate of
registration, the Office of Banks and Real Estate may restore the
certificate of registration to the respondent upon the written
recommendation of the Commissioner, unless after an investigation and
a hearing the Commissioner determines that restoration is not in the
public interest.
Section 15-55. Surrender of certificate of registration. Upon
the revocation or suspension of a certificate of registration, the
registrant shall immediately surrender the certificate of
registration to the Office of Banks and Real Estate. If the
registrant fails to do so, the Office of Banks and Real Estate has
the right to seize the certificate of registration.
Section 15-60. Administrative Review Law. All final
administrative decisions of the Office of Banks and Real Estate under
this Act are subject to judicial review under the Administrative
Review Law and the rules implementing that Law. The term
2198 JOURNAL OF THE [March 24, 1999]
"administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Proceedings for judicial review shall be
commenced in the circuit court of the county in which the party
applying for review resides, but if the party is not a resident of
this State, the venue shall be in Cook or Sangamon County.
Pending the court's final decision on administrative review, the
acts, orders, sanctions, and rulings of the Office of Banks and Real
Estate regarding any registration shall remain in full force and
effect unless modified or stayed by court order pending a final
judicial decision.
The Office of Banks and Real Estate shall not be required to
certify any record to the court or file any answer in court or
otherwise appear in any court in a judicial review proceeding unless
there is filed in the court, with the complaint, a receipt from the
Office of Banks and Real Estate acknowledging payment of the costs of
furnishing and certifying the record. Failure on the part of the
plaintiff to file a receipt in the court is grounds for dismissal of
the action.
Section 15-65. Public interest, safety, or welfare; summary
suspension. The Commissioner may temporarily suspend any
registration pursuant to this Act, without hearing, simultaneously
with the institution of proceedings for a hearing provided for in
this Section, if the Commissioner finds that the evidence indicates
that the public interest, safety, or welfare imperatively requires
emergency action. If the Commissioner temporarily suspends any
registration without a hearing, a hearing must be held within 30
calendar days after the suspension. The person whose registration is
suspended may seek a continuance of the hearing, during which the
suspension shall remain in effect. The proceeding shall be concluded
without appreciable delay.
Section 15-70. Non-registered practice; civil penalty;
injunction.
(a) Any person who practices, offers to practice, attempts to
practice, or holds himself or herself out to practice as a registrant
under this Act without being registered under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to
the Office of Banks and Real Estate in an amount not to exceed
$25,000 for each offense as determined by the Office of Banks and
Real Estate. The civil penalty shall be assessed by the Office of
Banks and Real estate after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a hearing
for the discipline of a registrant.
(b) The Office of Banks and Real Estate has the authority and
power to investigate any and all non-registered activity.
(c) A civil penalty imposed under subsection (a) shall be paid
within 60 days after the effective date of the order imposing the
civil penalty. The order shall constitute a judgment and may be
filed, and execution may be had thereon, in the same manner as any
judgment from any court of record.
(d) Engaging in timeshare practices in Illinois by any entity
not holding a valid and current certificate of registration under
this Act is declared to be inimical to the public welfare, to
constitute a public nuisance, and to cause irreparable harm to the
public welfare. The Commissioner, the Attorney General, the State's
Attorney of any county in the State, or any person may maintain an
action in the name of the People of the State of Illinois, and may
apply for injunctive relief in any circuit court to enjoin such
entity from engaging in such practice. Upon the filing of a verified
petition in the court, the court, if satisfied by affidavit or
otherwise that such entity has been engaged in such practice without
a valid and current certificate of registration, may enter a
HOUSE OF REPRESENTATIVES 2199
temporary restraining order without notice or bond, enjoining the
defendant from such further practice. Only the showing of
nonregistration, by affidavit or otherwise, is necessary in order for
a temporary injunction to issue. A copy of the verified complaint
shall be served upon the defendant and the proceedings shall
thereafter be conducted as in other civil cases except as modified by
this Section. If it is established that the defendant has been or is
engaged in such unlawful practice, the court may enter an order or
judgment perpetually enjoining the defendant from further practice.
In all proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action,
including cost of filing the complaint, service of process, witness
fees and expenses, court reporter charges and reasonable attorneys'
fees. In the case of a violation of any injunctive order entered
under the provisions of this Section, the court may summarily try and
punish the offender for contempt of court. Proceedings for an
injunction under this Section shall be in addition to, and not in
lieu of, all penalties and other remedies provided in this Act.
Section 15-75. Action for compensation; proof of registration.
No action or counterclaim may be maintained by any person in any
court in this State with respect to any agreement, contract, or
services for which registration is required by this Act, or to
recover the agreed price or any compensation under any such
agreement, or to recover for services for which a registration is
required by this Act, without alleging and proving that the person
had a valid certificate of registration at the time of making the
agreement or doing the work.
Section 15-80. Cease and desist orders. The Office of Banks and
Real Estate may issue a cease and desist order to any person who
engages in any activity prohibited by this Act. Any person in
violation of a cease and desist order entered by the Office of Banks
and Real Estate is subject to all of the remedies provided by law.
Section 15-85. Statute of limitations. Any action or
proceeding to enforce any provision of this Act must be commenced
within 5 years following the date of the claim upon which the action
or proceeding is based accrues.
Article 20. Administration
Section 20-5. Administration of Act. The Office of Banks and
Real Estate shall exercise the powers and duties prescribed by the
Civil Administrative Code of Illinois and shall exercise other powers
and duties necessary for effectuating the purposes of this Act. The
Office of Banks and Real Estate may contract with third parties for
services necessary for the proper administration of this Act. The
Office of Banks and Real Estate has the authority to establish public
policies and procedures necessary for the administration of this Act.
Section 20-10. Administrative rules. The Office of Banks and
Real Estate shall adopt rules for the implementation and enforcement
of this Act.
Section 20-15. Real Estate License Administration Fund. All
fees collected for registration and for civil penalties pursuant to
this Act and administrative rules adopted under this Act shall be
deposited into the Real Estate License Administration Fund. The
moneys deposited in the Real Estate License Administration Fund shall
be appropriated to the Office of Banks and Real Estate for expenses
for the administration and enforcement of this Act.
Section 20-20. Forms. The Office of Banks and Real Estate may
prescribe forms and procedures for submitting information to the
Office of Banks and Real Estate.
Section 20-25. Site inspections. The Office of Banks and Real
Estate shall thoroughly investigate all matters relating to an
application for registration under this Act and may require a
2200 JOURNAL OF THE [March 24, 1999]
personal inspection of any developer, timeshare plan, accommodation,
exchange company, or resale company and any offices where any of the
foregoing may transact business. All reasonable expenses incurred by
the Office of Banks and Real Estate in investigating such matters
shall be borne by the registrant, and the registrant shall reimburse
the Office of Banks and Real Estate for those expenses within 30
calendar days of receipt of notice of the expenses from the Office.
The Office of Banks and Real Estate may require a deposit sufficient
to cover the expenses prior to incurring the expenses.
Article 25. Transition
Section 25-5. Registrations under preceding Act. All
registrations of developers, timeshare plans, acquisition agents,
exchange companies, managing agents, resale agents, and sales agents
under the Illinois Real Estate Time-share Act in effect on the
effective date of this Act shall remain in full force and effect
after the effective date of this Act and be considered registered
under this Act.
The provisions of this Act, insofar as they are the same or
substantially the same as those of any prior law, shall be construed
as a continuation of such prior law and not as a new enactment. Any
existing injunction or temporary restraining order validly obtained
under the Illinois Real Estate Time-share Act which prohibits
unregistered practice of timeshare developers, timeshare plans, and
their agents shall not be invalidated by the enactment of this Act
and shall continue to have full force and effect on and after the
effective date of this Act.
Any existing disciplinary action or investigation pursuant to a
violation under the Illinois Real Estate Time-share Act shall not be
invalidated by the enactment of this Act and shall continue to have
full force and effect on and after the effective date of this Act.
Article 90. Amendatory Provisions
Section 90-5. The Real Estate License Act of 2000 is amended, if
and only if that Act becomes law, by changing Sections 1-10 and 5-20
as follows:
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"Advisory Council" means the Real Estate Education Advisory
Council created under Section 30-10 of this Act.
"Agency" means a relationship in which a real estate broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether express or
implied, in a real property transaction.
"Applicant" means any person, as defined in this Section, who
applies to OBRE for a valid license as a real estate broker, real
estate salesperson, or leasing agent.
"Blind advertisement" means any real estate advertisement that
does not include the sponsoring broker's business name and that is
used by any licensee regarding the sale or lease of real estate,
including his or her own, licensed activities, or the hiring of any
licensee under this Act. The broker's business name in the case of a
franchise shall include the franchise affiliation as well as the name
of the individual firm.
"Board" means the Real Estate Administration and Disciplinary
Board of OBRE.
"Branch office" means a sponsoring broker's office other than the
sponsoring broker's principal office.
"Broker" means an individual, partnership, limited liability
company, corporation, or registered limited liability partnership
other than a real estate salesperson or leasing agent who for another
and for compensation either directly or indirectly:
HOUSE OF REPRESENTATIVES 2201
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease real
estate.
(3) Negotiates, offers, attempts, or agrees to negotiate
the sale, exchange, purchase, rental, or leasing of real estate.
(4) Lists, offers, attempts, or agrees to list real estate
for sale, lease, or exchange.
(5) Buys, sells, offers to buy or sell, or otherwise deals
in options on real estate or improvements thereon.
(6) Supervises the collection, offer, attempt, or agreement
to collect rent for the use of real estate.
(7) Advertises or represents himself or herself as being
engaged in the business of buying, selling, exchanging, renting,
or leasing real estate.
(8) Assists or directs in procuring or referring of
prospects, intended to result in the sale, exchange, lease, or
rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange, lease, or
rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
"Brokerage agreement" means a written or oral agreement between a
sponsoring broker and a consumer for licensed activities to be
provided to a consumer in return for compensation or the right to
receive compensation from another. Brokerage agreements may
constitute either a bilateral or a unilateral agreement between the
broker and the broker's client depending upon the content of the
brokerage agreement. All exclusive brokerage agreements shall be in
writing.
"Client" means a person who is being represented by a licensee.
"Commissioner" means the Commissioner of Banks and Real Estate or
a person authorized by the Commissioner, the Office of Banks and Real
Estate Act, or this Act to act in the Commissioner's stead.
"Compensation" means the valuable consideration given by one
person or entity to another person or entity in exchange for the
performance of some activity or service. Compensation shall include
the transfer of valuable consideration, including without limitation
the following:
(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or similar
game of chance not prohibited by any other law or statute;
(12) retainer fee; or
(13) salary.
"Confidential information" means information obtained by a
licensee from a client during the term of a brokerage agreement that
(i) was made confidential by the written request or written
instruction of the client, (ii) deals with the negotiating position
of the client, or (iii) is information the disclosure of which could
materially harm the negotiating position of the client, unless at any
time:
2202 JOURNAL OF THE [March 24, 1999]
(1) the client permits the disclosure of information given
by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other than
the licensee.
"Confidential information" shall not be considered to include
material information about the physical condition of the property.
"Consumer" means a person or entity seeking or receiving licensed
activities.
"Continuing education school" means any person licensed by OBRE
as a school for continuing education in accordance with Section 30-15
of this Act.
"Credit hour" means 50 minutes of classroom instruction in course
work that meets the requirements set forth in rules adopted by OBRE.
"Customer" means a consumer who is not being represented by the
licensee but for whom the licensee is performing ministerial acts.
"Designated agency" means a contractual relationship between a
sponsoring broker and a client under Section 15-50 of this Act in
which one or more licensees associated with or employed by the broker
are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided for in
Section 15-50 of this Act.
"Director" means the Director of the Real Estate Division, OBRE.
"Dual agency" means an agency relationship in which a licensee is
representing both buyer and seller or both landlord and tenant in the
same transaction. When the agency relationship is a designated
agency, the question of whether there is a dual agency shall be
determined by the agency relationships of the designated agent of the
parties and not of the sponsoring broker.
"Employee" or other derivative of the word "employee", when used
to refer to, describe, or delineate the relationship between a real
estate broker and a real estate salesperson, another real estate
broker, or a leasing agent, shall be construed to include an
independent contractor relationship, provided that a written
agreement exists that clearly establishes and states the
relationship. All responsibilities of a broker shall remain.
"Escrow moneys" means all moneys, promissory notes or any other
type or manner of legal tender or financial consideration deposited
with any person for the benefit of the parties to the transaction. A
transaction exists once an agreement has been reached and an accepted
real estate contract signed or lease agreed to by the parties.
Escrow moneys includes without limitation earnest moneys and security
deposits, except those security deposits in which the person holding
the security deposit is also the sole owner of the property being
leased and for which the security deposit is being held.
"Inoperative" means a status of licensure where the licensee
holds a current license under this Act, but the licensee is
prohibited from engaging in licensed activities because the licensee
is unsponsored or the license of the sponsoring broker with whom the
licensee is associated or by whom he or she is employed is currently
expired, revoked, suspended, or otherwise rendered invalid under this
Act.
"Leasing Agent" means a person who is employed by a real estate
broker to engage in licensed activities limited to leasing
residential real estate who has obtained a license as provided for in
Section 5-5 of this Act.
"License" means the document issued by OBRE certifying that the
person named thereon has fulfilled all requirements prerequisite to
licensure under this Act.
"Licensed activities" means those activities listed in the
HOUSE OF REPRESENTATIVES 2203
definition of "broker" under this Section.
"Licensee" means any person, as defined in this Section, who
holds a valid unexpired license as a real estate broker, real estate
salesperson, or leasing agent.
"Listing presentation" means a communication between a real
estate broker or salesperson and a consumer in which the licensee is
attempting to secure a brokerage agreement with the consumer to
market the consumer's real estate for sale or lease.
"Managing broker" means a broker who has supervisory
responsibilities for licensees in one or, in the case of a
multi-office company, more than one office and who has been appointed
as such by the sponsoring broker of the real estate firm.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
"Ministerial acts" means those acts that a licensee may perform
for a consumer that are informative or clerical in nature and do not
rise to the level of active representation on behalf of a consumer.
Examples of these acts include without limitation (i) responding to
phone inquiries by consumers as to the availability and pricing of
brokerage services, (ii) responding to phone inquiries from a
consumer concerning the price or location of property, (iii)
attending an open house and responding to questions about the
property from a consumer, (iv) setting an appointment to view
property, (v) responding to questions of consumers walking into a
licensee's office concerning brokerage services offered or particular
properties, (vi) accompanying an appraiser, inspector, contractor, or
similar third party on a visit to a property, (vii) describing a
property or the property's condition in response to a consumer's
inquiry, (viii) completing business or factual information for a
consumer on an offer or contract to purchase on behalf of a client,
(ix) showing a client through a property being sold by an owner on
his or her own behalf, or (x) referral to another broker or service
provider.
"OBRE" means the Office of Banks and Real Estate.
"Office" means a real estate broker's place of business where the
general public is invited to transact business and where records may
be maintained and licenses displayed, whether or not it is the
broker's principal place of business.
"Person" means and includes individuals, entities, corporations,
limited liability companies, registered limited liability
partnerships, and partnerships, foreign or domestic, except that when
the context otherwise requires, the term may refer to a single
individual or other described entity.
"Personal assistant" means a licensed or unlicensed person who
has been hired for the purpose of aiding or assisting a sponsored
licensee in the performance of the sponsored licensee's job.
"Pocket card" means the card issued by OBRE to signify that the
person named on the card is currently licensed under this Act.
"Pre-license school" means a school licensed by OBRE offering
courses in subjects related to real estate transactions, including
the subjects upon which an applicant is examined in determining
fitness to receive a license.
"Pre-renewal period" means the period between the date of issue
of a currently valid license and the license's expiration date.
"Real estate" means and includes leaseholds as well as any other
interest or estate in land, whether corporeal, incorporeal, freehold,
or non-freehold, including timeshare interests, and whether the real
estate is situated in this State or elsewhere.
"Real Estate Administration and Disciplinary Board" or "Board"
means the Real Estate Administration and Disciplinary Board created
2204 JOURNAL OF THE [March 24, 1999]
by Section 25-10 of this Act.
"Salesperson" means any individual, other than a real estate
broker or leasing agent, who is employed by a real estate broker or
is associated by written agreement with a real estate broker as an
independent contractor and participates in any activity described in
the definition of "broker" under this Section.
"Sponsoring broker" means the broker who has issued a sponsor
card to a licensed salesperson, another licensed broker, or a leasing
agent.
"Sponsor card" means the temporary permit issued by the
sponsoring real estate broker certifying that the real estate broker,
real estate salesperson, or leasing agent named thereon is employed
by or associated by written agreement with the sponsoring real estate
broker, as provided for in Section 5-40 of this Act.
(Source: 91HB902ham01.)
Sec. 5-20. Exemptions from broker, salesperson, or leasing agent
license requirement. The requirement for holding a license under this
Article 5 shall not apply to:
(1) Any person, partnership, or corporation that as owner or
lessor performs any of the acts described in the definition of
"broker" under Section 1-10 of this Act with reference to property
owned or leased by it, or to the regular employees thereof with
respect to the property so owned or leased, where such acts are
performed in the regular course of or as an incident to the
management, sale, or other disposition of such property and the
investment therein, provided that such regular employees do not
perform any of the acts described in the definition of "broker" under
Section 1-10 of this Act in connection with a vocation of selling or
leasing any real estate or the improvements thereon not so owned or
leased.
(2) An attorney in fact acting under a duly executed and
recorded power of attorney to convey real estate from the owner or
lessor or the services rendered by an attorney at law in the
performance of the attorney's duty as an attorney at law.
(3) Any person acting as receiver, trustee in bankruptcy,
administrator, executor, or guardian or while acting under a court
order or under the authority of a will or testamentary trust.
(4) Any person acting as a resident manager for the owner or any
employee acting as the resident manager for a broker managing an
apartment building, duplex, or apartment complex, when the resident
manager resides on the premises, the premises is his or her primary
residence, and the resident manager is engaged in the leasing of the
property of which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the conduct
of official duties.
(6) Any officer or employee of the State government or any
political subdivision thereof performing official duties.
(7) Any multiple listing service or other information exchange
that is engaged in the collection and dissemination of information
concerning real estate available for sale, purchase, lease, or
exchange along with which no other licensed activities are provided.
(8) Railroads and other public utilities regulated by the State
of Illinois, or the officers or full time employees thereof, unless
the performance of any licensed activities is in connection with the
sale, purchase, lease, or other disposition of real estate or
investment therein not needing the approval of the appropriate State
regulatory authority.
(9) Any medium of advertising in the routine course of selling
or publishing advertising along with which no other licensed
activities are provided.
(10) Any resident lessee of a residential dwelling unit who
HOUSE OF REPRESENTATIVES 2205
refers for compensation to the owner of the dwelling unit, or to the
owner's agent, prospective lessees of dwelling units in the same
building or complex as the resident lessee's unit, but only if the
resident lessee (i) refers no more than 3 prospective lessees in any
12-month period, (ii) receives compensation of no more than $1,000 or
the equivalent of one month's rent, whichever is less, in any
12-month period, and (iii) limits his or her activities to referring
prospective lessees to the owner, or the owner's agent, and does not
show a residential dwelling unit to a prospective lessee, discuss
terms or conditions of leasing a dwelling unit with a prospective
lessee, or otherwise participate in the negotiation of the leasing of
a dwelling unit.
(11) An exchange company registered under the Real Estate
Timeshare Act of 1999 and the regular employees of that registered
exchange company but only when conducting an exchange program as
defined in that Act.
(12) An existing timeshare owner who, for compensation, refers
prospective purchasers, but only if the existing timeshare owner (i)
refers no more than 20 prospective purchasers in any calendar year,
(ii) receives no more than $1,000, or its equivalent, for referrals
in any calendar year and (iii) limits his or her activities to
referring prospective purchasers of timeshare interests to the
developer or the developer's employees or agents, and does not show,
discuss terms or conditions of purchase or otherwise participate in
negotiations with regard to timeshare interests.
(Source: 91HB902 as introduced.)
(765 ILCS 100/Act rep.)
Section 90-10. The Illinois Real Estate Time-Share Act is
repealed.".
AMENDMENT NO. 2 TO HOUSE BILL 1113
AMENDMENT NO. 2. Amend House Bill 1113, AS AMENDED, with
reference to page and line numbers of House Amendment No. 1, on page
19, line 17 by inserting "developer or his or her" after "such"; and
on page 29, line 6 by changing "range or" to "range of"; and
on page 35, line 10 by deleting "of"; and
on page 35, line 14 by changing "with" to "within"; and
on page 38, line 2 by changing "(d)" to "(c)"; and
on page 39, line 28 by changing "licensures" to "licensure".
The motion prevailed and the amendments were adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 1124. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Steve Davis offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1124
AMENDMENT NO. 1. Amend House Bill 1124 as follows:
by replacing the title with the following:
"AN ACT to amend the Illinois Municipal Code by changing Section
2-3-5a."; and
2206 JOURNAL OF THE [March 24, 1999]
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by changing
Section 2-3-5a as follows:
(65 ILCS 5/2-3-5a) (from Ch. 24, par. 2-3-5a)
Sec. 2-3-5a. Incorporation of village.
(a) Whenever in any county of 150,000 or more population as
determined by the last preceding federal census any area of
contiguous territory contains at least 4 square miles and 2500
inhabitants residing in permanent dwellings, that area may be
incorporated as a village if a petition filed by 250 electors
residing within that area is filed with the circuit clerk of the
county in which such area is located addressed to the circuit court
for that county. The petition must set forth:
(1) a legal description of the area intended to be
included in the proposed village,
(2) the number of residents in that area,
(3) the name of the proposed village, and
(4) a prayer that the question of the incorporation of the
area as a village be submitted to the electors residing within
the limits of the proposed village.
If the area contains fewer than 7,500 residents and lies within
1 1/2 miles of the limits of any existing municipality, the consent
of that municipality must be obtained before the area may be
incorporated.
(b) If, in a county having more than 240,000 350,000 but fewer
than 400,000 inhabitants as determined by the last preceding federal
census, an area of contiguous territory contains at least 3 square
miles and 5,000 8,000 inhabitants residing in permanent dwellings,
that area may be incorporated as a village in the same manner as is
provided in subsection (a). The consent of a municipality need not
be obtained.
(c) If, in a county having more than 316,000 but fewer than
318,000 inhabitants as determined by the last preceding federal
census, an area of contiguous territory that does not exceed one
square mile and between 1000 and 1500 inhabitants residing in
permanent dwellings, and is located within 10 miles of a county with
a population of less than 150,000 as determined by the last preceding
federal census, that area may be incorporated as a village in the
same manner as is provided in subsection (a). The consent of a
municipality need not be obtained.
(Source: P.A. 88-572, eff. 8-11-94; 88-661, eff. 9-16-94; 89-388,
eff. 1-1-96.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2302. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2302
AMENDMENT NO. 1. Amend House Bill 2302 by replacing everything
after the enacting clause with the following:
HOUSE OF REPRESENTATIVES 2207
"Section 5. The Downstate Forest Preserve District Act is
amended by changing Section 6 as follows:
(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
Sec. 6. Any such District shall have power to acquire lands and
grounds for the aforesaid purposes by lease, or in fee simple by
gift, grant, legacy, purchase or condemnation, or to acquire
easements in land, and to construct, lay out, improve and maintain
wells, power plants, comfort stations, shelter houses, paths,
driveways, public roads, roadways and other improvements and
facilities in and through such forest preserves as they shall deem
necessary or desirable for the use of such forest preserves by the
public and may acquire, develop, improve and maintain waterways in
conjunction with the district. No district with a population less
than 50,000, however, shall have the power to condemn property within
the district. No district with a population less than 600,000 shall
have the power to purchase, condemn, lease or acquire an easement in
property within a municipality without the concurrence of the
governing body of the municipality, except where such district is
acquiring land for a linear park or trail not to exceed 100 yards in
width or is acquiring land contiguous to an existing park or forest
preserve, and no municipality shall annex any land for the purpose
of defeating a District acquisition once the District has given
notice of intent to acquire a specified parcel of land. No district
with a population of less than 500,000 shall (i) have the power to
condemn property for a linear park or trail within a municipality
without the concurrence of the governing body of the municipality or
(ii) have the power to condemn property for a linear park or trail in
an unincorporated area without the concurrence of the governing body
of the township within which the property is located or (iii) once
having commenced a proceeding to acquire land by condemnation,
dismiss or abandon that proceeding without the consent of the
property owners. No district shall establish a trail surface within
50 feet of an occupied dwelling which was in existence prior to the
approval of the acquisition by the district without obtaining
permission of the owners of the premises or the concurrence of the
governing body of the municipality or township within which the
property is located. All acquisitions of land by a district with a
population less than 600,000 within 1 1/2 miles of a municipality
shall be preceded by a conference with the mayor or president of the
municipality or his designated agent. If a forest preserve district
is in negotiations for acquisition of land with owners of land
adjacent to a municipality, the annexation of that land shall be
deferred for 6 months. The district shall have no power to acquire an
interest in real estate situated outside the district by the exercise
of the right of eminent domain, by purchase or by lease, but shall
have the power to acquire any such property, or an easement in any
such property, which is contiguous to the district by gift, legacy,
or grant, subject to approval of the county board of the county, and
of any forest preserve district or conservation district, within
which the property is located. The district shall have the same
control of and power over land, an interest in which it has so
acquired, as over forest preserves within the district. If any of the
powers to acquire lands and hold or improve the same given to Forest
Preserve Districts, by Sections 5 and 6 of this Act should be held
invalid, such invalidity shall not invalidate the remainder of this
Act or any of the other powers herein given and conferred upon the
Forest Preserve Districts. Such Forest Preserve Districts shall also
have power to lease not to exceed 40 acres of the lands and grounds
acquired by it, for a term of not more than 99 years to veterans'
organizations as grounds for convalescing sick and disabled veterans,
and as a place upon which to construct rehabilitation quarters, or to
2208 JOURNAL OF THE [March 24, 1999]
a county as grounds for a county nursing home or convalescent home.
Any such Forest Preserve District shall also have power to grant
licenses, easements and rights-of-way for the construction, operation
and maintenance upon, under or across any property of such District
of facilities for water, sewage, telephone, telegraph, electric, gas
or other public service, subject to such terms and conditions as may
be determined by such District.
Any such District may purchase, but not condemn, a parcel of land
and sell a portion thereof for not less than fair market value
pursuant to resolution of the Board. Such resolution shall be passed
by the affirmative vote of at least 2/3 of all members of the board
within 30 days after acquisition by the district of such parcel.
Whenever the board of any forest preserve district determines
that the public interest will be subserved by vacating any street,
roadway, or driveway, or part thereof, located within a forest
preserve, it may vacate that street, roadway, or driveway, or part
thereof, by an ordinance passed by the affirmative vote of at least
3/4 of all the members of the board. This vote shall be taken by ayes
and nays and entered in the records of the board.
The determination of the board that the nature and extent of the
public use or public interest to be subserved is such as to warrant
the vacation of any street, roadway, or driveway, or part thereof, is
conclusive, and the passage of such an ordinance is sufficient
evidence of that determination, whether so recited in the ordinance
or not. The relief to the public from further burden and
responsibility of maintaining any street, roadway or driveway, or
part thereof, constitutes a public use or public interest authorizing
the vacation.
Nothing contained in this Section shall be construed to authorize
the board of any forest preserve district to vacate any street,
roadway, or driveway, or part thereof, that is part of any State or
county highway.
When property is damaged by the vacation or closing of any
street, roadway, or driveway, or part thereof, damage shall be
ascertained and paid as provided by law.
Except in cases where the deed, or other instrument dedicating a
street, roadway, or driveway, or part thereof, has expressly provided
for a specific devolution of the title thereto upon the abandonment
or vacation thereof, and except where such street, roadway or
driveway, or part thereof, is held by the district by lease, or where
the district holds an easement in the land included within the
street, roadway or driveway, whenever any street, roadway, or
driveway, or part thereof is vacated under or by virtue of any
ordinance of any forest preserve district, the title to the land in
fee simple included within the street, roadway, or driveway, or part
thereof, so vacated vests in the forest preserve district.
The board of any forest preserve district is authorized to sell
at fair market price, gravel, sand, earth and any other material
obtained from the lands and waters owned by the district.
For the purposes of this Section, "acquiring land" includes
acquiring a fee simple, lease or easement in land.
(Source: P.A. 86-267; 86-1387; 87-847.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2683. Having been read by title a second time on
HOUSE OF REPRESENTATIVES 2209
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Younge offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2683
AMENDMENT NO. 1. Amend House Bill 2683 as follows:
by replacing the title with the following:
"AN ACT in relation to Old Man River City Syntegration."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois amended by
adding Section 46.70 as follows:
(20 ILCS 605/46.70 new)
Sec. 46.70. Old Man River City Syntegration. Using moneys
appropriated for that purpose, the Department shall establish the Old
Man River City Syntegration Grant Program and make grants to the East
St. Louis Small Business Development Council to conduct a series of
planning meetings known as "Syntegrations" for the purpose of
fostering economic development in that city. The Department shall
adopt rules to administer and implement this Section.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2684. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Younge offered the following amendments and moved
their adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2684
AMENDMENT NO. 1. Amend House Bill 2684 on page 1, by inserting
below line 5 the following:
"Section 5. Millennium Project.
(a) There is created in the City of East St. Louis a Millennium
Project. The purpose of the project is to conceive, design, and
implement a City of the 21st Century in order to point the way for
the United States, and the world, to move towards a just and
empowering economy for the 21st century. The educational system of
the City should be one in which each man, woman, and child will
develop to his or her fullest potential and with the fullest dignity.
(b) The goals of the project are to:
(1) form an allegiance with the people, by the people, and
for the people;
(2) build a new frontier in the economic, cultural, social,
and technological arena by combining the best technology with the
social sciences to create a model creative living and working
environment for the 21st century;
(3) produce the premier City for the 21st Century by
building on empowerment zones to produce super empowerment zones
whose objectives are to enable every citizen in the zone to
accumulate income-producing capital to meet his or her needs for
retirement or disability;
(4) build strong families and strong harmonious
2210 JOURNAL OF THE [March 24, 1999]
communities;
(5) remove the barriers to creative environments;
(6) remove the barriers to work opportunities by using the
most advanced technologies so that the super empowerment zone is
the most competitive area of this State;
(7) make the City of the 21st Century, by using advanced
technology, successfully compete in the economy anywhere;
(8) create a legal and investment environment for the City
of the 21st Century that will encourage firms to relocate and
bring technology-based facilities with widespread ownership to
the City;
(9) take specific sites and develop them for housing and
industry and develop waterfront property as starter projects for
local ownership and control;
(10) support State and federal legislation that includes
capital homesteading;
(11) convert hazardous waste sites into marketable energy
using advanced technology developed at N.S.A., Georgetown, and
jet propulsion labs;
(12) bring together the leadership of the private sector
and the public sector to work together to build the City of the
21st Century;
(13) remove all credit barriers to move citizens of the
City of the 21st Century towards equal ownership opportunity for
the poor; and
(14) to give hope to youth and hope and courage to those
who have gone astray.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 245. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative McAuliffe offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 245
AMENDMENT NO. 1. Amend House Bill 245 by replacing the title
with the following:
"AN ACT to amend the Professional Boxing and Wrestling Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Professional Boxing and Wrestling Act is amended
by changing Sections 1, 2, 6, 7.5, 8, 10, 10.5, 11, 12, 13, 14, 15,
16, 18, 19, 19.1, 21, and 23 and adding Sections 0.05, 17.7, 17.8,
17.9, 17.10, 17.11, 17.12, 19.2, 19.3, 19.4, 19.5, and 25.1 as
follows:
(225 ILCS 105/0.05 new)
Sec. 0.05. Declaration of public policy. Professional boxing and
wrestling in the State of Illinois is hereby declared to affect the
public health, safety, and welfare and to be subject to regulation
and control in the public interest. It is further declared to be a
matter of public interest and concern that boxing and wrestling, as
defined in this Act, merit and receive the confidence of the public
and that only qualified persons be authorized to participate in
HOUSE OF REPRESENTATIVES 2211
boxing contests and wrestling exhibitions in the State of Illinois.
This Act shall be liberally construed to best carry out these objects
and purposes.
(225 ILCS 105/1) (from Ch. 111, par. 5001)
Sec. 1. Short title and definitions.
(a) This Act shall be known and may be cited as the
"Professional Boxing and Wrestling Act".
(b) As used in this Act:
1. "Department" means the Department of Professional
Regulation.
2. "Director" means the Director of Professional
Regulation.
3. "Board" means the State Boxing and Wrestling Board
appointed by the Director.
4. "License" means the license issued for boxing
contestants or officials in accordance with this Act.
5. "Registration" means the registration issued to
wrestling promoters in accordance with this Act.
6. "Boxing Contests" include professional boxing or
sparring matches and, events, exhibitions, or cards.
7. "Wrestling Exhibitions" include professional wrestling
contests, matches, events, and shows.
8. "Athletic Events" include both professional boxing
contests and professional wrestling exhibitions.
9. "Permit" means the authorization from the Department to
a promoter to conduct professional boxing contests or
professional wrestling exhibitions.
10. "Promoter" means a person who is licensed or registered
and who holds a permit to conduct professional boxing matches or
professional wrestling exhibitions.
11. Unless the context indicates otherwise, "person"
includes an association, partnership, corporation, gymnasium, or
club.
12. For the purposes of this Act the term "trainer"
includes what is commonly referred to as "second corner man" or
"coach".
13. "Ultimate fighting exhibition" has the meaning given by
rule adopted by the Department in accordance with Section 7.5.
14. "Professional boxer" means a person licensed by the
Department who competes for a money prize, purse, or other type
of compensation in a boxing contest, exhibition, or match held in
Illinois.
15. "Judge" means a person licensed by the Department who
is at ringside during a boxing match and who has the
responsibility of scoring the performance of the participants in
the match.
16. "Referee" means a person licensed by the Department who
has the general supervision of a boxing match and is present
inside of the ring during the match.
17. "Amateur" means a person who has never received or
competed for any purse or other article of value, either for
participating in any boxing match or for the expenses of training
therefor, other than a prize that does not exceed $50 in value.
18. "Contestant" means an individual who participates in a
boxing contest or wrestling exhibition.
19. "Second" means a person licensed by the Department who
is present at any boxing contest to provide assistance or advice
to a boxer during the contest.
20. "Matchmaker" means a person licensed by the Department
who brings together professional boxers or procures matches for
professional boxers.
2212 JOURNAL OF THE [March 24, 1999]
21. "Manager" means a person licensed by the Department who
is not a promoter and who, under contract, agreement, or other
arrangement with any boxer, undertakes to, directly or
indirectly, control or administer the boxing affairs of boxers.
22. "Timekeeper" means a person licensed by the Department
who is the official timer of the length of rounds and the
intervals between the rounds.
23. "Purse" means the financial guarantee or any other
remuneration for which contestants are participating in a boxing
contest.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/2) (from Ch. 111, par. 5002)
Sec. 2. State Boxing and Wrestling Board. There is created the
State Boxing and Wrestling Board consisting of 6 5 persons who shall
be appointed by and shall serve in an advisory capacity to the
Director. One There shall also be a physician licensed to practice
medicine in all of its branches. who shall act as a consultant to the
board as needed. Upon the expiration of the terms of the board
members appointed before or after the effective date of this Act, The
Director shall appoint their successors, each member to serve for a
term of 3 years from and after the 3rd Monday in January of the year
in which the antecedent term expires and all to serve until his or
her successor is their successors are appointed and qualified. One
member of the board shall be designated as the Chairperson Chairman.
No member shall be appointed to the Board for a term which would
cause continuous service to be more than 9 years. Service prior to
the effective date of this amendatory Act of the 91st General
Assembly shall not be considered in calculating length of service on
the Board. Each member of the board shall receive compensation $75
per day for each day he or she is engaged in transacting the business
of the board and, in addition, shall be reimbursed for his or her
authorized and approved expenses necessarily incurred in relation to
such service in accordance with the travel regulations applicable to
the Department at the time the expenses are incurred.
A majority of the current members appointed shall constitute a
quorum.
The members of the Board shall be immune from suit in any action
based upon any disciplinary proceedings or other acts performed in
good faith as members of the Board.
The Director may remove any member of the Board for misconduct,
incapacity, or neglect of duty. The Director shall reduce to writing
any causes for removal.
The Director may appoint and at his pleasure remove a secretary
to the Board. It is the duty of the Secretary to make a full record
of all board proceedings, and perform other duties prescribed by the
Director.
(Source: P.A. 87-1182.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
Sec. 6. Prohibitions. All boxing matches, contests, or exhibits
in which physical contact is made including, but not limited to,
"ultimate fighting exhibitions", are prohibited in Illinois unless
authorized by the Department. This provision does not apply to the
following Applicability. The provisions of this Act do not apply to:
(1) 1. Boxing contests or wrestling exhibitions conducted
by accredited secondary schools, colleges or universities,
although a fee may be charged. Institutions organized to furnish
instruction in athletics are not included in this exemption.
(2) 2. Amateur boxing matches sanctioned by the United
States Amateur Boxing Federation, Inc. or Golden Gloves of
America, amateur wrestling exhibitions, and amateur or
professional martial arts or kick boxing; except that this Act
HOUSE OF REPRESENTATIVES 2213
does apply to ultimate fighting exhibitions.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/7.5)
Sec. 7.5. Ultimate fighting exhibitions.
(a) The General Assembly finds and declares that:
(1) The entertainment spectacle commonly known as "ultimate
fighting" is a violent exhibition that is excessively and
unacceptably dangerous to the participants. "Ultimate fighting"
includes exhibitions of the same nature even though a different
name is applied to this event.
(2) Unlike the sports of boxing and wrestling, in which
serious or permanent injury is largely preventable and occurs
only occasionally as an incidental result of the athletic
contest, ultimate fighting is intended by its promoters to
produce serious injury in every exhibition and is widely and
specifically advertised and promoted as being the most dangerous
of all fighting exhibitions.
(3) The lack of appropriate restrictions on dangerous blows
or life-threatening maneuvers and the matching of participants
with incompatible styles of fighting make it difficult or
impossible for the State to regulate ultimate fighting in a way
that can reasonably protect the safety of the participants.
(4) It is therefore an appropriate exercise of the police
power of the State and necessary for the public safety and the
common good to prohibit ultimate fighting exhibitions in this
State.
(b) The Department, in consultation with the State Boxing and
Wrestling Board, shall adopt rules defining the term "ultimate
fighting exhibition" and distinguishing such exhibitions from the
legitimate boxing and wrestling contests permitted under this Act and
the exhibitions or contests of the martial arts and other sports that
are traditionally conducted with respect for the safety and
protection of the participants.
(c) Beginning on the effective date of the rules to be adopted
under subsection (b) of this Section, No person may hold, promote, or
participate in any ultimate fighting exhibition in this State.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct an
athletic event shall apply to the Department at least 20 10 days
prior to the event, in writing, on forms furnished by the Department.
The application shall be verified under oath, shall be accompanied by
the required fee and shall contain at least the following
information:
(1) (a) the names and addresses of the promoter;
(2) and all of the officers of any club, association,
partnership or corporation with whom the promoter is associated,
(b) the names of the contestants and their seconds, (c) the name
of the their matchmaker;
(3), (d) the time and exact location of the athletic event;
(4), (e) the seating capacity of the building where the
event is to be held;
(5) a copy of the lease or proof of ownership of the
building where the event is to be held;
(6) (f) the admission charge or charges to be made;, and
(7) proof of adequate security measures and adequate
medical supervision, as determined by Department rule, to ensure
the protection of the health and safety of the general public
while attending athletic events and the contestants' safety while
participating in the events and any other information that the
2214 JOURNAL OF THE [March 24, 1999]
Department may determine by rule in order to issue a permit (g)
the amount of compensation or percentage of the gate receipts to
be paid to each participant.
(b) After the initial application and within 10 days of a
scheduled event, a promoter shall submit to the Department all of the
following information:
(1) The amount of compensation to be paid to each
participant.
(2) The names of the contestants.
(3) Proof of insurance for not less than $10,000 for each
contestant participating in a boxing contest or exhibition.
Insurance required under this subsection shall cover (i)
hospital, medication, physician, and other such expenses as would
accrue in the treatment of an injury as result of the boxing contest
or exhibition and (ii) payment to the estate of the contestant in the
event of his or her death as a result of his or her participation in
the boxing contest or exhibition.
(c) All boxing promoters shall provide to the Department, at
least 24 hours prior to commencement of the event, the amount of the
purse to be paid for the event. The Department shall promulgate rules
for payment of the purse.
(d) The boxing contest shall be held in an area where adequate
neurosurgical facilities are immediately available for skilled
emergency treatment of an injured boxer. It is the responsibility of
the promoter to ensure that the building to be used for the event
complies with all laws, ordinances, and regulations in the city,
town, or village where the athletic event is to be held. The
Department may issue a permit to any promoter who meets the
requirements of this Act and the rules. The permit shall only be
issued for a specific date and location of an athletic event and
shall not be transferable. In an emergency, the Department may allow
a promoter to amend a permit application to hold an athletic event in
a different location than the application specifies and may allow the
promoter to substitute contestants.
(e) The Department shall be responsible for assigning the judge,
timekeepers, referees, physician, and medical personnel for an
athletic event. It shall be the responsibility of the promoter to
cover the cost of the individuals utilized at an athletic event.
Any person who makes or causes to be made false statements is
guilty of perjury.
(Source: P.A. 82-522.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
Sec. 10. Who must be licensed. In order to participate in
boxing contests the following persons must each be licensed and in
good standing with the Department: (a) promoters, (b) contestants,
(c) seconds, (d) referees, (e) judges, (f) managers, (g) matchmakers
trainers, and (h) timekeepers.
Matchmakers, physicians and Announcers may participate in boxing
contests without being licensed under this Act. It shall be the
responsibility of the promoter to ensure that announcers these
unlicensed persons comply with the Act, and all rules and regulations
promulgated pursuant this Act thereto.
A licensed promoter may not act as, and cannot be licensed as, a
second, boxer, referee, timekeeper, judge, or manager. If he or she
is so licensed, he or she must relinquish any of these licenses to
the Department for cancellation. A promoter may be licensed as a
matchmaker. These persons involved with professional boxing and
wrestling must register with the Department by supplying the Athletic
Section with their name, address, telephone number and social
security number.
(Source: P.A. 85-225.)
HOUSE OF REPRESENTATIVES 2215
(225 ILCS 105/10.5)
Sec. 10.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to
practice, or holds oneself out to practice as a promoter, contestant,
second, referee, judge, manager, matchmaker trainer, or timekeeper
without being licensed under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department in an
amount not to exceed $5,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the Department
after a hearing is held in accordance with the provisions set forth
in this Act regarding the provision of a hearing for the discipline
of a licensee.
(b) The Department has the authority and power to investigate
any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The order
shall constitute a judgment and may be filed and execution had
thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 105/11) (from Ch. 111, par. 5011)
Sec. 11. Qualifications for license. The Department shall grant
licenses to or register the following persons if the following
qualifications are met:
(A) An applicant for licensure as a contestant in a boxing match
must: (1) be 18 years old, except when the applicant has exhibited
unusual maturity or ability, (2) be of good moral character, (3) file
an application stating the applicant's correct name (and no assumed
or ring name may be used unless such name is registered with the
Department along with the applicant's correct name), date and place
of birth, place of current residence, and a sworn statement that he
is not currently in violation of any federal, State or local laws or
rules governing boxing, (4) file a certificate of a physician
licensed to practice medicine in all of its branches which attests
that the applicant is physically fit and qualified to participate in
boxing matches, and (5) pay the required fee and meet any other
requirements. Applicants over age 39 who have not competed in a
contest within the last 36 months may be required to appear before
the Board to determine their fitness to participate in a contest. A
picture identification shall be issued to all boxers licensed by the
Department. The identification shall be presented to the Department
or its representative upon request at weigh-ins or contests.
(B) An applicant for licensure as a boxing promoter, referee,
judge, manager, second, matchmaker, trainer or timekeeper must: (1)
be of good moral character, (2) file an application stating the
applicant's name, date and place of birth, and place of current
residence along with a certifying sworn statement that he is not
currently in violation of any federal, State, or local laws or rules
governing boxing, (3) have had satisfactory experience in his field,
and (4) pay the required fee, and (5) meet any other requirements as
determined by rule. An applicant for licensure as a referee, manager
or trainer must also file proof that he has participated in medical
seminars pertaining to boxing contests, the curriculum and number of
hours of which the Department by rule deems sufficient.
(C) An applicant for registration as a boxing promoter must: (1)
be of good moral character, (2) file an application with the
Department stating the applicant's name, date and place of birth,
place of current residence along with a certifying statement that he
is not currently in violation of any federal, State, or local laws or
rules governing boxing, (3) provide proof of a surety bond of no less
than $5,000 to cover financial obligations pursuant to this Act,
payable to the Department and conditioned for the payment of the tax
2216 JOURNAL OF THE [March 24, 1999]
imposed by this Act and compliance with this Act and the rules
promulgated pursuant this Act, (4) provide a financial statement,
prepared by a certified public accountant, showing liquid working
capital of $10,000 or more, or a $10,000 performance bond
guaranteeing payment of all obligations relating to the promotional
activities, and (5) pay the required fee and meet any other
requirements.
(D) (C) An applicant for registration as a wrestling promoter
must: (1) be of good moral character, (2) file an application with
the Department stating the applicant's name, date and place of birth,
and place of current residence along with a certifiying sworn
statement that he is not currently in violation of any federal,
State, or local laws or rules governing wrestling, and (3) provide a
surety bond of no less than $10,000 to cover financial obligations
pursuant to this Act, payable to the Department and conditioned for
the payment of the tax imposed by this Act and compliance with this
Act and the rules promulgated pursuant this Act, (4) provide a
financial statement, prepared by a certified public accountant,
showing liquid working capital of $10,000 or more, or a $10,000
performance bond guaranteeing payment of all obligations relating to
the promotional activities, and (5) pay the required fee and meet any
other requirements.
In determining good moral character, the Department may take into
consideration any violation of any of the provisions of Section 16 of
this Act and any felony conviction of the applicant, but such a
conviction shall not operate as a bar to licensure. No license issued
under this Act is transferable.
The Department may issue temporary licenses and registrations as
provided by rule.
(Source: P.A. 90-655, eff. 7-30-98.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
Sec. 12. Boxing contests. Each boxing contestant shall be
examined before entering the ring and immediately after each contest
by medical personnel a physician licensed to practice medicine in all
of its branches. The physician licensed to practice medicine in all
its branches shall determine, prior to the contest, if each
contestant is physically fit to engage in the contest. After the
contest the physician may shall examine the contestant to determine
possible injury. If the contestant's physical condition so indicates,
the physician shall recommend to the Department immediate medical
suspension. The physician may, at any time during the contest, stop
the contest to examine a boxer, and terminate the contest when, in
the physician's opinion, continuing the contest could result in
serious injury to the boxer. The physician shall certify to the
condition of the contestant in writing, over his signature on blank
forms provided by the Department. Such reports shall be submitted to
the Department in a timely manner. The physician shall be paid by the
promoter a fee fixed by the Department. No boxing contest shall be
held unless a physician licensed to practice medicine in all of its
branches is in attendance.
No contest shall be allowed to begin unless at least one
physician and 2 trained paramedics or 2 nurses who are trained to
administer emergency medical care are present adequate medical
supervision, as set forth in subsection (3) of Section 9, has been
provided.
No contest shall be more than 12 15 rounds in length. The rounds
shall not be more than 3 minutes each with a one minute interval
between them, and no boxer shall be allowed to participate in more
than 12 15 rounds within 72 consecutive hours. At each boxing contest
there shall be a referee in attendance who shall direct and control
the contest. The referee, before each contest, shall learn the name
HOUSE OF REPRESENTATIVES 2217
of the contestant's chief second and shall hold the chief second
responsible for the conduct of his assistant during the progress of
the match.
There shall be 2 judges in attendance who shall render a decision
at the end of each match. The decision of the judges, taken together
with the decision of the referee, is final; or, 3 judges shall score
the match with the referee not scoring. The method of scoring shall
be set forth in rules is to be determined by the Secretary of the
Board or the Supervisor of the Board.
During each boxing contest each contestant shall wear gloves
weighing not less than 6 ounces.
Judges, or referees, or timekeepers for contests shall be
assigned by the Department Director or his designee. The referee, the
Director, the board or any inspector appointed by the Department or
its representative shall have discretion to declare a price,
remuneration, or purse or any part of it belonging to the contestant
withheld if in the their judgment of the Department or its
representative the contestant is not honestly competing. The
Department shall have the authority to prevent a contest or
exhibition from being held and shall have the authority to stop a
fight for noncompliance with any part of this Act or rules or when,
in the judgment of the Department, or its representative,
continuation of the event would endanger the health, safety, and
welfare of the contestants or spectators.
(Source: P.A. 85-225.)
(225 ILCS 105/13) (from Ch. 111, par. 5013)
Sec. 13. Tickets; tax. Tickets to athletic events, other than
an athletic event conducted at premises with an indoor seating
capacity of more than 17,000, shall be printed in such form as the
Department shall prescribe. A certified sworn inventory of all
tickets printed for any event shall be mailed to the Department by
the promoter printer not less than 7 days before the event, and a
sworn inventory of all tickets printed for any event shall be sent to
the Department by the promoter within 24 hours after receipt of
delivery from the printer. The total number of tickets printed shall
not exceed the total seating capacity of the premises in which the
event is to be held. No tickets of admission to any event, other than
an athletic event conducted at premises with an indoor seating
capacity of more than 17,000, shall be sold except those declared on
an official ticket inventory as described in this Section.
A promoter who conducts an athletic event under this Act, other
than an athletic event conducted at premises with an indoor seating
capacity of more than 17,000, shall, within 24 hours after such
event: (1) furnish to the Department a written report verified by the
promoter or his authorized designee showing the number of tickets
sold for the contest or the actual ticket stubs and the amount of the
gross proceeds thereof; and (2) pay to the Department State Treasurer
a tax of 10% of the first $500,000 of gross receipts from the sale of
admission tickets, to be placed in the General Revenue Fund. Also,
every person, showing or holding any boxing match or wrestling
exhibition on a closed circuit telecast viewed in this State, whether
originating within this State, or another state or country, where
admission is charged, shall register with the Department and pay a
$400 fee each year of registration. Registrant shall be entitled to
show unlimited closed circuit events during the year the registration
is valid. A $25 fee shall be paid for each event at each location
where the boxing contest or wrestling exhibition is shown by a
licensed Illinois promoter. The Department shall prescribe rules for
the implementation of this registration. These closed circuit TV
fees shall be paid to the Department of Professional Regulation.
(Source: P.A. 90-580, eff. 5-21-98.)
2218 JOURNAL OF THE [March 24, 1999]
(225 ILCS 105/14) (from Ch. 111, par. 5014)
Sec. 14. Failure to report ticket sales and tax. If the permit
holder fails to make a report as required by Section 13, or if such
report is unsatisfactory, the Department State Treasurer may examine
or cause to be examined the books and records of any such holder or
his associates or any other person as a witness under oath to
determine the total amount of tax due under this Act.
If it is determined that there has been a default in the payment
of a tax, the promoter shall be given 20 days notice of the amount
due which shall include the expenses incurred in making the
examination.
If the promoter does not pay the amount due he shall be
disqualified from obtaining a permit under this Act and the Attorney
General shall institute suit upon the bond filed pursuant to this Act
to recover the tax or penalties imposed by this Act.
(Source: P.A. 82-522.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
Sec. 15. Inspectors. The Director may appoint inspectors to
assist the Department staff in the administration of the Act. Such
inspectors shall receive compensation $75 for each day they are
engaged in the transacting of business of the Department. Each
inspector shall carry a card issued by the Department to authorize
him to act in such capacity. The inspector or inspectors shall
supervise each event to ensure that the provisions of the Act are
strictly enforced. The inspectors shall also be present at the
counting of the gross receipts and shall immediately deliver to the
Department the official box office statement as required by Section
13.
(Source: P.A. 87-1182.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a permit or license,
refuse to renew, suspend, revoke, reprimand, place on probation, or
take such other disciplinary action as the Department may deem
proper, including the imposition of fines not to exceed $5,000 $1,000
for each violation, with regard to any license or permit holder for
any one or combination of the following reasons:
(1) 1. gambling, betting or wagering on the result of or a
contingency connected with an athletic event or permitting such
activity to take place;
(2) 2. participating in or permitting a sham or fake boxing
match;
(3) 3. holding the athletic event at any other time or
place than is stated on the permit application;
(4) 4. permitting any contestant or referees other than
those stated on the permit application to participate in an
athletic event, except as provided in Section 9;
(5) 5. violation or aiding in the violation of any of the
provisions of this Act or any rules or regulations promulgated
thereto;
(6) 6. violation of any federal, State or local laws of the
United States or other jurisdiction governing athletic events or
any regulation promulgated pursuant thereto;
(7) 7. charging a greater rate or rates of admission than
is specified on the permit application;
(8) 8. failure to obtain all the necessary permits,
registrations, or licenses as required under this Act;
(9) 9. failure to file the necessary bond or to pay the
gross receipts tax as required by this Act;
(10) 10. engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud
HOUSE OF REPRESENTATIVES 2219
or harm the public, or which is detrimental to honestly conducted
athletic events;
(11) 11. employment of fraud, deception or any unlawful
means in applying for or securing a permit license, or
registration under this Act;
(12) 12. permitting a physician making the physical
examination to knowingly certify falsely to the physical
condition of a contestant;
(13) 13. permitting contestants of widely disparate weights
or abilities to engage in athletic events;
(14) 14. boxing while under medical suspension in this
State or in any other state, territory or country;
(15) 15. physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor skills
which results in the inability to participate in athletic events
with reasonable judgment, skill, or safety;
(16) 16. allowing one's license, permit, or registration
issued under this Act to be used by another person;
(17) 17. failing, within a reasonable time, to provide any
information requested by the Department as a result of a formal
or informal complaint;
(18) 18. professional incompetence;
(19) 19. failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final
assessment of tax, penalty or interest, as required by any tax
Act administered by the Illinois Department of Revenue, until
such time as the requirements of any such tax Act are satisfied;
and
(20) 20. holding or promoting an ultimate fighting
exhibition, or participating in an ultimate fighting exhibition
as a promoter, contestant, second, referee, judge, scorer,
manager, trainer, announcer, or timekeeper;, after the effective
date of the rules required to be adopted under Section 7.5 of
this Act.
(21) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug that
results in an inability to participate in an event; or
(22) failure to stop a contest or exhibition when requested
to do so by the Department.
(b) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code operates as an
automatic suspension. The suspension will end only upon a finding by
a court that the licensee is no longer subject to involuntary
admission or judicial admission, issuance of an order so finding and
discharging the licensee, and upon the recommendation of the Board to
the Director that the licensee be allowed to resume his or her
practice.
(c) In enforcing this Section, the Board, upon a showing of a
possible violation, may compel any individual licensed or registered
to practice under this Act, or who has applied for licensure or
registration 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 Board or the
Department may order the examining physician or clinical psychologist
to present testimony concerning this mental or physical examination
of the licensee, registrant, or applicant. No information shall be
excluded by reason of any common law or statutory privilege relating
to communications between the licensee, registrant, or applicant and
the examining physician or clinical psychologist. Eye examinations
2220 JOURNAL OF THE [March 24, 1999]
may be provided by a licensed and certified therapeutic optometrist.
The individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all aspects of
the examination. Failure of any individual to submit to a mental or
physical examination, when directed, shall be grounds for suspension
of a license until such time as 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.
(d) If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board shall require the
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 or registration, 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 or registration of the individual. Any individual whose
license or registration was granted pursuant to this Act, or
continued, reinstated, renewed, disciplined, or supervised, subject
to such conditions, terms, or restrictions, who shall fail to comply
with such conditions, terms, or restrictions, shall be referred to
the Director for a determination as to whether the individual shall
have his or her license or registration suspended immediately,
pending a hearing by the Board.
(Source: P.A. 89-578, eff. 7-30-96.)
(225 ILCS 105/17.7 new)
Sec. 17.7. Restoration of suspended or revoked license or
registration. At any time after the suspension or revocation of a
license, the Department may restore it to the licensee or registrant
upon the written recommendation of the Board, unless after an
investigation and a hearing the Board determines that restoration is
not in the public interest.
(225 ILCS 105/17.8 new)
Sec. 17.8. Surrender of license. Upon the revocation or
suspension of a license, the licensee shall immediately surrender his
or her license to the Department. If the licensee fails to do so, the
Department has the right to seize the license.
(225 ILCS 105/17.9 new)
Sec. 17.9. Summary suspension of a license. The Director may
summarily suspend a license or registration without a hearing if the
Director finds that evidence in the Director's possession indicates
that the continuation of practice of would constitute an imminent
danger to the public or the individual involved. If the Director
summarily suspends the license or registration without a hearing, a
hearing must be commenced within 30 days after the suspension has
occurred and concluded as expeditiously as practical.
(225 ILCS 105/17.10 new)
Sec. 17.10. Administrative review; venue.
(a) All final administrative decisions of the Department are
subject to judicial review under the Administrative Review Law and
its rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for review
resides, but if the party is not a resident of Illinois, the venue
shall be in Sangamon County.
(225 ILCS 105/17.11 new)
Sec. 17.11. Certifications of record; costs. The Department shall
not be required to certify any record to the court, to file an answer
in court, or to otherwise appear in any court in a judicial review
proceeding unless there is filed in the court, with the complaint, a
HOUSE OF REPRESENTATIVES 2221
receipt from the Department acknowledging payment of the costs of
furnishing and certifying the record, which costs shall be determined
by the Department. Failure on the part of the plaintiff to file the
receipt in court is grounds for dismissal of the action.
(225 ILCS 105/17.12 new)
Sec. 17.12. Consent order. At any point in the proceedings, both
parties may agree to a negotiated consent order. The consent order
shall be final upon signature of the Director.
(225 ILCS 105/18) (from Ch. 111, par. 5018)
Sec. 18. Investigations; notice and hearing. The Department may
investigate the actions of any applicant or of any person or persons
promoting or participating in a contest or exhibition or any person
holding or claiming to hold a license. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or taking
any other disciplinary action under this Act, at least 30 days before
the date set for the hearing, (i) notify the accused in writing of
the charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer to the
charges with the Board under oath within 20 days after the service on
him or her of the notice, and (iii) inform the accused that, if he or
she fails to answer, default will be taken against him or her or that
his or her license may be suspended, revoked, or placed on
probationary status or that other disciplinary action may be taken
with regard to the license, including limiting the scope, nature, or
extent of his or her practice, as the Department may consider proper.
At the time and place fixed in the notice, the Board shall proceed to
hear the charges, and the parties or their counsel shall be accorded
ample opportunity to present any pertinent statements, testimony,
evidence, and arguments. The Board may continue the hearing from time
to time. If case the person, after receiving the notice, fails to
file an answer, his or her license may, in the discretion of the
Department, be suspended, revoked, or placed on probationary status
or the Department may take whatever disciplinary action considered
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a hearing, if
the act or acts charged constitute sufficient grounds for that action
under this Act. The written notice may be served by personal delivery
or by certified mail to the address specified by the accused in his
or her last notification with the Department. If the Department
refuses to grant a license or a permit to an applicant, the
applicant, at his option, shall be entitled to a hearing before the
Board.
(Source: P.A. 82-522.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
Sec. 19. Findings and recommendations. At the conclusion of the
hearing, the Board shall present to the Director a written report of
its findings, conclusions of law, and recommendations. The report
shall contain a finding of whether the accused person violated this
Act or its rules or failed to comply with the conditions required in
this Act or its rules. The Board shall specify the nature of any
violations or failure to comply and shall make its recommendations to
the Director. In making recommendations for any disciplinary actions,
the Board may take into consideration all facts and circumstances
bearing upon the reasonableness of the conduct of the accused and the
potential for future harm to the public including, but not limited
to, previous discipline of the accused by the Department, intent,
degree of harm to the public and likelihood of harm in the future,
any restitution made by the accused, and whether the incident or
incidents contained in the complaint appear to be isolated or
represent a continuing pattern of conduct. In making its
recommendations for discipline, the Board shall endeavor to ensure
2222 JOURNAL OF THE [March 24, 1999]
that the severity of the discipline recommended is reasonably related
to the severity of the violation.
The report of findings of fact, conclusions of law, and
recommendation of the Board shall be the basis for the Department's
order refusing to issue, restore, or renew a license, or otherwise
disciplining a licensee. If the Director disagrees with the
recommendations of the Board, the Director may issue an order in
contravention of the Board recommendations. The Director shall
provide a written report to the Board on any disagreement and shall
specify the reasons for the action in the final order. The finding is
not admissible in evidence against the person in a criminal
prosecution brought for a violation of this Act, but the hearing and
finding are not a bar to a criminal prosecution brought for a
violation of this Act. At the conclusion of the hearing the board
shall present to the Director a written report of its finding and
recommendation. The report shall contain a finding whether or not
the accused person violated this Act or failed to comply with the
conditions required in this Act. The Board shall specify the nature
of the violation or failure to comply, and shall make its
recommendations to the Director. A copy of such report shall be
served upon the accused, either personally or by registered or
certified mail. Within 20 days after such service, the accused may
present to the Department his or her motion in writing for a
rehearing, specifying the particular ground for rehearing. If the
accused orders and pays for a transcript of the record, the time
elapsing thereafter and before such transcript is ready for delivery
to him or her shall not be counted as part of such 20 days.
The report of findings and recommendation of the board shall be
the basis for the Department's order of refusal or for the granting
of a license or permit. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 86-615.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
Sec. 19.1. Appointment of a hearing officer. The Director has
the authority to appoint any attorney duly licensed to practice law
in the State of Illinois to serve as the hearing officer in any
action for refusal to issue, restore, or renew a license or
certificate of registration or discipline of a licensee or
certificate holder. The hearing officer has full authority to conduct
the hearing. The hearing officer shall report his findings of fact,
conclusions of law, and recommendations to the Board and the
Director. The Board shall have has 60 days from receipt of the
report to review the report of the hearing officer and present its
findings of fact, conclusions of law and recommendations to the
Director. If the Board fails to present its report within the 60 day
period, the Director may shall issue an order based on the report of
the hearing officer. If the Director determines that the Board's
report is contrary to the manifest weight of the evidence, he may
issue an order in contravention of the recommendation Board's report.
The Director shall promptly provide a written report of the Board on
any deviation and shall specify the reasons for the action in the
final order.
(Source: P.A. 86-615.)
(225 ILCS 105/19.2 new)
Sec. 19.2. Subpoenas; depositions; oaths. The Department has the
power to subpoena and to bring before it any person and to take
testimony either orally or by deposition, or both, with the same fees
and mileage and in the same manner as prescribed in civil cases in
the courts of this State.
HOUSE OF REPRESENTATIVES 2223
The Director, the designated hearing officer, and every member of
the Board has the power to administer oaths to witnesses at any
hearing that the Department is authorized to conduct and any other
oaths authorized in any Act administered by the Department.
(225 ILCS 105/19.3 new)
Sec. 19.3. Compelling testimony. Any circuit court, upon
application of the Department, designated hearing officer, or the
applicant or licensee against whom proceedings under this Act are
pending, may enter an order requiring the attendance of witnesses and
their testimony and the production of documents, papers, files,
books, and records in connection with any hearing or investigation.
The court may compel obedience to its order by proceedings for
contempt.
(225 ILCS 105/19.4 new)
Sec. 19.4. Director; rehearing. Whenever the Director believes
that justice has not been done in the revocation, suspension, refusal
to issue, restore, or renew a license, or other discipline of an
applicant or licensee, he or she may order a rehearing by the same or
other examiners.
(225 ILCS 105/19.5 new)
Sec. 19.5. Order or certified copy; prima facie proof. An order
or certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, is prima facie proof that:
(1) the signature is the genuine signature of the Director;
(2) the Director is duly appointed and qualified; and
(3) the Board and its members are qualified to act.
(225 ILCS 105/21) (from Ch. 111, par. 5021)
Sec. 21. Injunctive action; cease and desist order.
(a) If a person violates the provisions of this Act, the
Director, in the name of the People of the State of Illinois, through
the Attorney General or the State's Attorney of the county in which
the violation is alleged to have occurred, may petition for an order
enjoining the violation or for an order enforcing compliance with
this Act. Upon the filing of a verified petition, the court with
appropriate jurisdiction may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has violated or
is violating the injunction, the court may punish the offender for
contempt of court. Proceedings under this Section are in addition to,
and not in lieu of, all other remedies and penalties provided by this
Act.
(b) Whenever, in the opinion of the Department, a person violates
any provision of this Act, 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 allow at least 7 days from the date of
the rule to file an answer satisfactory to the Department. Failure to
answer to the satisfaction of the Department shall cause an order to
cease and desist to be issued. Engaging in athletic events by any
licensed or unlicensed person in violation of this Act is declared to
be inimical to the public welfare and to be a public nuisance. The
Department may conduct hearings and issue cease and desist orders
with respect to persons engaged in activities prohibited by this Act.
Any person in violation of a cease and desist order entered by the
Department shall be subject to a civil penalty payable to the party
injured by the violation in an amount up to $10,000. Also, an action
to enjoin any person from such unlawful activity may be maintained in
the name of the People of the State of Illinois by the Attorney
General, by the State's Attorney of the county in which the action is
brought, by the Department or by any resident citizen. This remedy
shall be in addition to other remedies provided for violation of this
2224 JOURNAL OF THE [March 24, 1999]
Act.
(Source: P.A. 82-522.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
Sec. 23. Fees. The fees for the administration and enforcement
of this Act including, but not limited to, original licensure,
renewal, and restoration shall be set by rule. The following fees
shall are not be refundable.:
1. The fee for a permit to hold an athletic event shall be $25.
2. The fee for a license as a boxing promoter shall be $300 and
the fee for renewal shall be calculated at the rate of $150 per year.
3. The fee for a license as a boxing promoter shall be $300 and
the fee for renewal shall be calculated at the rate of $150 per year.
4. The fee for a license as boxing contestant shall be $20 and
the fee for renewal shall be calculated at the rate of $10 per year.
5. The fee for a license as a referee shall be $100 and the fee
for renewal shall be calculated at the rate of $50 per year.
6. The fee for a license as a judge shall be $10 and the fee for
renewal shall be calculated at the rate of $5 per year.
7. The fee for a license as a manager shall be $50 and the fee
for renewal shall be calculated at the rate of $25 per year.
8. The fee for a license as a trainer (second) shall be $10, and
the fee for renewal shall be calculated at the rate of $5 per year.
9. The fee for a license as a timekeeper shall be $50 and the
fee for renewal shall be calculated at the rate of $25 per year.
10. The fee for a registration of a wrestling promoter shall be
$300 and the fee for renewal shall be calculated at the rate of $150
per year.
(Source: P.A. 82-522; revised 10-28-98.)
(225 ILCS 105/25.1 new)
Sec. 25.1 Medical Suspension. A licensee who is determined by the
examining physician to be unfit to compete or officiate shall be
immediately suspended until it is shown that he or she is fit for
further competition or officiating. If the licensee disagrees with a
medical suspension set at the discretion of the ringside physician,
he or she may request a hearing to show proof of fitness. The hearing
shall be provided at the earliest opportunity after the Department
receives a written request from the licensee.
If the referee has rendered a decision of technical knockout
against a boxing contestant or if the contestant is knocked out other
than by a blow to the head, the boxing contestant shall be
immediately suspended for a period of not less than 30 days.
If the boxing contestant has been knocked out by a blow to the
head, he or she shall be suspended immediately for a period of not
less than 45 days.
Prior to reinstatement, any boxing contestant suspended for his
or her medical protection shall satisfactorily pass a medical
examination upon the direction of the Department. The examining
physician may require any necessary medical procedures during the
examination.
(225 ILCS 105/3 rep.)
(225 ILCS 105/4 rep.)
(225 ILCS 105/9 rep.)
Section 10. The Professional Boxing and Wrestling Act is amended
by repealing Sections 3, 4, and 9.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE OF REPRESENTATIVES 2225
HOUSE BILL 1157. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Parke offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1157
AMENDMENT NO. 1. Amend House Bill 1157 by replacing the title
with the following:
"AN ACT to amend the Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 by changing Sections 3-2, 3-4, 3-6, 3A-2,
3A-3, 3A-5, 3C-3, and 3C-7."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by changing Sections 3-2, 3-4, 3-6,
3A-2, 3A-3, 3A-5, 3C-3, and 3C-7 as follows:
(225 ILCS 410/3-2) (from Ch. 111, par. 1703-2)
Sec. 3-2. Licensure; qualifications. A person is qualified to
receive a license as a cosmetologist who has filed an application on
forms provided by the Department, pays the required fees, and:
a. Is at least l6 years of age; and
b. Has graduated from an eighth grade elementary school, or its
equivalent; and
c. Has graduated from a school of cosmetology approved by the
Department, having completed a program total of l500 hours in the
study of cosmetology extending over a period of not less than 8
months nor more than 7 consecutive years. A school of cosmetology
may, at its discretion, consistent with the rules of the Department,
accept up to 500 hours of barber school training at a recognized
barber school toward the l500 hour program course requirement of
cosmetology. Time spent in such study under the laws of another state
or territory of the United States or of a foreign country or province
shall be credited toward the period of study required by the
provisions of this paragraph; and
d. Has passed an examination authorized by the Department to
determine fitness to receive a license as a cosmetologist. The
requirements for remedial training set forth in Section 3-6 of this
Act may be waived in whole or in part by the Department upon proof to
the Department that the applicant has demonstrated competence to
again sit for the examination. The Department shall promulgate rules
establishing the standards by which such determination shall be made;
and
e. Has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3-4) (from Ch. 111, par. 1703-4)
Sec. 3-4. Licensure as cosmetology teacher or cosmetology clinic
teacher; qualifications.
(a) A person is qualified to receive license as a cosmetology
teacher if that person has applied in writing on forms provided by
the Department, has paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has either: (i) completed a program of 500 hours of
teacher training in a licensed school of cosmetology and had 2
years of practical experience as a licensed cosmetologist within
5 years preceding the examination; or (ii) completed a program of
1,000 1000 hours of teacher training in a licensed school of
cosmetology; and
2226 JOURNAL OF THE [March 24, 1999]
(5) has passed an examination authorized by the Department
to determine fitness to receive a license as a cosmetology
teacher; and
(6) has met any other requirements of this Act.
A cosmetology teacher who teaches esthetics, in order to be
licensed, shall demonstrate, to the satisfaction of the Department,
current skills in the use of machines used in the practice of
esthetics.
An individual who receives a license as a cosmetology teacher
shall not be required to maintain an active cosmetology license in
order to practice cosmetology as defined in this Act.
(b) A person is qualified to receive a license as a cosmetology
clinic teacher if he or she has applied in writing on forms provided
by the Department, has paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist;
(4) has completed a program of 250 hours of clinic teacher
training in a licensed school of cosmetology and has 2 years of
practical experience as a licensed cosmetologist within 5 years
preceding the examination;
(5) has passed an examination authorized by the Department
to determine fitness to receive a license as a cosmetology
teacher; and
(6) has met any other requirements of this Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; revised
10-31-98.)
(225 ILCS 410/3-6) (from Ch. 111, par. 1703-6)
Sec. 3-6. Examination. The Department shall authorize
examinations of applicants for licensure as cosmetologists, teachers
of cosmetology at the times and places it may determine. If an
applicant for licensure as a cosmetologist fails to pass 3
examinations conducted by the Department, the applicant shall, before
taking a subsequent examination, furnish evidence of not less than
250 hours of additional study of cosmetology in an approved school of
cosmetology since the applicant last took the examination. If an
applicant for licensure as a cosmetology teacher fails to pass 3
examinations conducted by the Department, the applicant shall, before
taking a subsequent examination, furnish evidence of not less than 80
hours of additional study in teaching methodology and educational
psychology in an approved school of cosmetology since the applicant
last took the examination. An applicant who fails to pass the fourth
examination shall not again be admitted to an examination unless:
(i) in the case of an applicant for licensure as a cosmetologist, the
applicant again takes and completes a program total of 1500 hours in
the study of cosmetology in an approved school of cosmetology
extending over a period that commences after the applicant fails to
pass the fourth examination and that is not less than 8 months nor
more than 7 consecutive years in duration; (ii) in the case of an
applicant for licensure as a cosmetology teacher, the applicant again
takes and completes a program total of 1000 hours of teacher training
in an approved school of cosmetology, except that if the applicant
had 2 years of practical experience as a licensed cosmetologist
within the 5 years preceding the initial examination taken by the
applicant, the applicant must again take and complete a program of
500 hours of teacher training in an approved school of cosmetology,
esthetics, or nail technology; or (iii) in the case of an applicant
for licensure as a cosmetology clinic teacher, the applicant again
takes and completes a program total of 250 hours of clinic teacher
training in a licensed school of cosmetology. Each cosmetology
applicant shall be given a written examination testing both
HOUSE OF REPRESENTATIVES 2227
theoretical and practical knowledge, which shall include, but not be
limited to, questions that determine the applicant's knowledge of
product chemistry, sanitary rules, sanitary procedures, chemical
service procedures, hazardous chemicals and exposure minimization,
knowledge of the anatomy of the skin, scalp, and hair as they relate
to applicable services under this Act and labor and compensation
laws.
The examination of applicants for licensure as a cosmetology,
esthetics, or nail technology teacher may include all of the elements
of the exam for licensure as a cosmetologist, esthetician, or nail
technician and also include teaching methodology, classroom
management, record keeping, and any other related subjects that the
Department in its discretion may deem necessary to insure competent
performance.
This Act does not prohibit the practice of cosmetology by one who
has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as a cosmetologist, or
the teaching of cosmetology by one who has applied in writing to the
Department, in form and substance satisfactory to the Department, for
a license as a cosmetology teacher or cosmetology clinic teacher, if
the person has complied with all the provisions of this Act in order
to qualify for a license, except the passing of an examination to be
eligible to receive a license, until: (a) the expiration of 6 months
after the filing of the written application, (b) the decision of the
Department that the applicant has failed to pass an examination
within 6 months or failed without an approved excuse to take an
examination conducted within 6 months by the Department, or (c) the
withdrawal of the application.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/3A-2) (from Ch. 111, par. 1703A-2)
Sec. 3A-2. Licensure as an esthetician; qualifications. A
person is qualified to receive a license as a licensed esthetician if
that person has applied in writing on forms provided by the
Department, paid any required fees, and:
a. Is at least 16 years of age; and
b. Has a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a
certificate, or persons who are beyond the age of compulsory school
attendance; and
c. Has graduated from a school of cosmetology or esthetics
approved by the Department, having completed a program total of 750
hours in the study of esthetics extending over a period of not less
than 18 weeks nor more than 4 consecutive years. Time spent in such
study under the laws of another state or territory of the United
States or of a foreign country or province shall be credited toward
the period of study required by the provisions of this paragraph; and
d. Has passed an examination authorized by the Department to
determine fitness to receive a license as a licensed esthetician; and
e. Has met any other requirements of this Act and rules.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/3A-3) (from Ch. 111, par. 1703A-3)
Sec. 3A-3. Licensure as an esthetics teacher; qualifications.
(a) A person is qualified to receive a license as an esthetics
teacher if that person has applied in writing on forms supplied by
the Department, paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist or
esthetician;
(4) has either: (i) completed a program of 500 hours of
teacher training in a licensed school of cosmetology or a
2228 JOURNAL OF THE [March 24, 1999]
licensed esthetics school and had 2 years of practical experience
as a licensed cosmetologist or esthetician within 5 years
preceding the examination; or (ii) completed a program of 750
hours of teacher training in a licensed school of cosmetology
approved by the Department to teach esthetics or a licensed
esthetics school;
(5) has passed an examination authorized by the Department
to determine fitness to receive a license as a licensed
cosmetology or esthetics teacher;
(6) demonstrates, to the satisfaction of the Department,
current skills in the use of machines used in the practice of
esthetics; and
(7) has met any other requirements as required by this
Act.
(b) A person is qualified to receive a license as an esthetics
clinic teacher if that person has applied in writing on forms
supplied by the Department, paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist or
esthetician;
(4) has completed a program of 250 hours of clinic teacher
training in a licensed school of cosmetology approved by the
Department to teach esthetics or a licensed esthetics school and
had 2 years of practical experience as a licensed cosmetologist
or esthetician within 5 years preceding the examination;
(5) has passed an examination authorized by the Department
to determine fitness to receive a license as a licensed
cosmetology teacher or licensed esthetics teacher;
(6) demonstrates, to the satisfaction of the Department,
current skills in the use of machines used in the practice of
esthetics; and
(7) has met any other requirements required by this Act.
(c) An applicant who is issued a license as an esthetics teacher
or esthetics clinic teacher is not required to maintain an esthetics
license in order to practice as an esthetician as defined in this
Act.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/3A-5) (from Ch. 111, par. 1703A-5)
Sec. 3A-5. Examination.
(a) The Department shall authorize examinations of applicants
for a license licenses as an esthetician or teacher estheticians,
teachers of esthetics at such times and places as it may determine.
The Department shall authorize no fewer not less than 4 examinations
for a license as an esthetician or a teacher of estheticians,
esthetics teachers in a calendar year.
If an applicant neglects, fails without an approved excuse, or
refuses to take the next available examination offered for licensure
under this Act, the fee paid by the applicant shall be forfeited to
the Department and the application denied. If an applicant fails to
pass an examination for licensure under this Act within 3 years after
filing his or her application, the application shall be denied.
However, such applicant may thereafter make a new application for
examination, accompanied by the required fee, if he or she meets the
requirements in effect at the time of reapplication. If an applicant
for licensure as an esthetician is unsuccessful at 3 examinations
conducted by the Department, the applicant shall, before taking a
subsequent examination, furnish evidence of not less than 125 hours
of additional study of esthetics in an approved school of cosmetology
or esthetics since the applicant last took the examination. If an
applicant for licensure as an esthetics teacher or esthetics clinic
HOUSE OF REPRESENTATIVES 2229
teacher is unsuccessful at 3 examinations conducted by the
Department, the applicant shall, before taking a subsequent
examination, furnish evidence of not less than 80 hours of additional
study in teaching methodology and educational psychology in a
licensed school of cosmetology or esthetics since the applicant last
took the examination. An applicant who fails to pass a fourth
examination shall not again be admitted to an examination unless (i)
in the case of an applicant for licensure as an esthetician, the
applicant shall again take and complete a program total of 750 hours
in the study of esthetics in a licensed school of cosmetology
approved to teach esthetics or a school of esthetics, extending over
a period that commences after the applicant fails to pass the fourth
examination and that is not less than 18 weeks nor more than 4
consecutive years in duration; (ii) in the case of an applicant for a
license as an esthetics teacher, the applicant shall again take and
complete a program total of 750 hours of teacher training in a school
of cosmetology approved to teach esthetics or a school of esthetics,
except that if the applicant had 2 years of practical experience as a
licensed cosmetologist or esthetician within 5 years preceding the
initial examination taken by the applicant, the applicant must again
take and complete a program of 500 hours of teacher training in
licensed cosmetology or a licensed esthetics school; or (iii) in the
case of an applicant for a license as an esthetics clinic teacher,
the applicant shall again take and complete a program total of 250
hours of clinic teacher training in a licensed school of cosmetology
or a licensed school of esthetics.
(b) Each applicant shall be given a written examination testing
both theoretical and practical knowledge which shall include, but not
be limited to, questions that determine the applicant's knowledge of:
(1) product chemistry;
(2) sanitary rules and regulations;
(3) sanitary procedures;
(4) chemical service procedures;
(5) knowledge of the anatomy of the skin, as it relates to
applicable services under this Act;
(6) the provisions and requirements of this Act; and
(7) labor and compensation laws.
(c) The examination of applicants for licensure as an esthetics
teacher may include all of the above and may also include:
(1) teaching methodology;
(2) classroom management; and
(3) record keeping and any other subjects that the
Department may deem necessary to insure competent performance.
(d) This Act does not prohibit the practice of esthetics by one
who has applied in writing to the Department, in form and substance
satisfactory to the Department, for a license as an esthetician, an
esthetics teacher, or an esthetics clinic teacher and has complied
with all the provisions of this Act in order to qualify for a
license, except the passing of an examination to be eligible to
receive such license certificate, until: (i) the expiration of 6
months after the filing of such written application, or (ii) the
decision of the Department that the applicant has failed to pass an
examination within 6 months or failed without an approved excuse to
take an examination conducted within 6 months by the Department, or
(iii) the withdrawal of the application.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97; revised
2-24-98.)
(225 ILCS 410/3C-3) (from Ch. 111, par. 1703C-3)
Sec. 3C-3. Licensure as a nail technology teacher or nail
technology clinic teacher; qualifications.
(a) A person is qualified to receive a license as a nail
2230 JOURNAL OF THE [March 24, 1999]
technology teacher if that person has filed an application on forms
provided by the Department, paid the required fee, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a cosmetologist or nail
technician;
(4) has either: (1) completed a program of 500 hours of
teacher training in a licensed school of nail technology or
cosmetology, and had 2 years of practical experience as a nail
technician; or (2) has completed a program of 625 hours of
teacher training in a licensed school of cosmetology approved to
teach nail technology or school of nail technology; and
(5) who has passed an examination authorized by the
Department to determine fitness to receive a license as a
cosmetology or nail technology teacher.
(b) A person is qualified to receive a license as a nail
technology clinic teacher if that person has applied in writing on
forms supplied by the Department, paid the required fees, and:
(1) is at least 18 years of age;
(2) has graduated from high school or its equivalent;
(3) has a current license as a licensed cosmetologist or
nail technician;
(4) has completed a program of 250 hours of clinic teacher
training in a licensed school of cosmetology or a licensed nail
technology school and had 2 years of practical experience as a
licensed cosmetologist or nail technician within 5 years
preceding the examination;
(5) has passed an examination authorized by the Department
to determine fitness to receive a license as a licensed
cosmetology teacher or licensed nail technology teacher;
(6) demonstrates, to the satisfaction of the Department,
current skills in the use of machines used in the practice of
nail technology; and
(7) has met any other requirements required by this Act.
(c) An applicant who receives a license as a nail technology
teacher or nail technology clinic teacher shall not be required to
maintain a license as a nail technician.
(Source: P.A. 89-387, eff. 1-1-96; 90-302, eff. 8-1-97.)
(225 ILCS 410/3C-7) (from Ch. 111, par. 1703C-7)
Sec. 3C-7. Examinations; failure or refusal to take examination.
The Department shall authorize examinations of applicants for
licenses as nail technicians and teachers of nail technology at the
times and places as it may determine.
The Department shall authorize not less than 4 examinations for
licenses as nail technicians, and nail technology teachers in a
calendar year.
If an applicant neglects, fails without an approved excuse, or
refuses to take the next available examination offered for licensure
under this Act, the fee paid by the applicant shall be forfeited to
the Department and the application denied. If an applicant fails to
pass an examination for licensure under this Act within 3 years after
filing an application, the application shall be denied.
Nevertheless, the applicant may thereafter make a new application for
examination, accompanied by the required fee, if he or she meets the
requirements in effect at the time of reapplication. If an applicant
for licensure as a nail technician, nail technology teacher, or nail
technology clinic teacher is unsuccessful at 3 examinations conducted
by the Department, the applicant shall, before taking a subsequent
examination, furnish evidence of successfully completing (i) for a
nail technician, not less than 60 hours of additional study of nail
technology in a licensed school of cosmetology approved to teach nail
HOUSE OF REPRESENTATIVES 2231
technology or nail technology and (ii) for a nail technology teacher
or nail technology clinic teacher, not less than 80 hours of
additional study in teaching methodology and educational psychology
in an approved school of cosmetology or nail technology since the
applicant last took the examination.
An applicant who fails the fourth examination shall not again be
admitted to an examination unless: (i) in the case of an applicant
for a license as a nail technician, the applicant again takes and
completes a total of 350 hours in the study of nail technology in an
approved school of cosmetology or nail technology extending over a
period that commences after the applicant fails to pass the fourth
examination and that is not less than 8 weeks nor more than 2
consecutive years in duration; or (ii) in the case of an applicant
for licensure as a nail technology teacher, the applicant again takes
and completes a program total of 625 hours of teacher training in an
approved school of cosmetology, or nail technology, except that if
the applicant had 2 years of practical experience as a licensed nail
technician within 5 years preceding the initial examination taken by
the applicant, the applicant must again take and complete a program
of 500 hours of teacher training in a licensed school of cosmetology
approved to teach nail technology, or a licensed school of nail
technology or a program of 250 hours of clinic teacher training in a
licensed school of cosmetology.
Each applicant for licensure as a nail technician shall be given
a written examination testing both theoretical and practical
knowledge, which shall include, but not be limited to, questions that
determine the applicant's knowledge of product chemistry, sanitary
rules, sanitary procedures, hazardous chemicals and exposure
minimization, this Act, and labor and compensation laws.
The examination for licensure as a nail technology teacher or
nail technology clinic teacher may include knowledge of the subject
matter, teaching methodology, classroom management, record keeping,
and any other subjects that the Department in its discretion may deem
necessary to insure competent performance.
This Act does not prohibit the practice of nail technology by a
person who has applied in writing to the Department, in form and
substance satisfactory to the Department, for a license as a nail
technician, or the teaching of nail technology by one who has applied
in writing to the Department, in form and substance satisfactory to
the Department, for a license as a nail technology teacher or nail
technology clinic teacher, if the person has complied with all the
provisions of this Act in order to qualify for a license, except the
passing of an examination to be eligible to receive a license, until:
(a) the expiration of 6 months after the filing of the written
application, or (b) the decision of the Department that the applicant
has failed to pass an examination within 6 months or failed without
an approved excuse to take an examination conducted within 6 months
by the Department, or (c) the withdrawal of the application.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97; 90-302, eff.
8-1-97.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 182. Having been printed, was taken up and read by
title a second time.
The following amendments were offered in the Committee on Mental
2232 JOURNAL OF THE [March 24, 1999]
Health & Patient Abuse, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 182
AMENDMENT NO. 1. Amend House Bill 182 by replacing the title
with the following:
"AN ACT to amend certain Acts in relation to mental health."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Act on the Aging is amended by changing
Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the Office of
State Long Term Care Ombudsman ("the Office"), in accordance with the
provisions of the Older Americans Act of 1965, as now or hereafter
amended.
(b) Definitions. As used in this Section, unless the context
requires otherwise:
(1) "Access" has the same meaning as in Section 1-104 of
the Nursing Home Care Act, as now or hereafter amended; that is,
it means the right to:
(i) Enter any long term care facility;
(ii) Communicate privately and without restriction
with any resident who consents to the communication;
(iii) Seek consent to communicate privately and
without restriction with any resident;
(iv) Inspect the clinical and other records of a
resident with the express written consent of the resident;
(v) Observe all areas of the long term care facility
except the living area of any resident who protests the
observation.
(2) "Long Term Care Facility" means any facility as defined
by Section 1-113 of the Nursing Home Care Act, as now or
hereafter amended.
(3) "Ombudsman" means any person employed by the Department
to fulfill the requirements of the Office, or any representative
of a sub-State long term care ombudsman program; provided that
the representative, whether he is paid for or volunteers his
ombudsman services, shall be qualified and authorized by the
Department to perform the duties of an ombudsman as specified by
the Department in rules.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
within the Department and shall include a system of designated
sub-State long term care ombudsman programs. Each sub-State program
shall be designated by the Department as a subdivision of the Office
and any representative of a sub-State program shall be treated as a
representative of the Office.
The Department shall promulgate administrative rules to establish
the responsibilities of the Department and the Office of State Long
Term Care Ombudsman. The administrative rules shall include the
responsibility of the Office to investigate and resolve complaints
made by or on behalf of residents of long term care facilities
relating to actions, inaction, or decisions of providers, or their
representatives, of long term care facilities, of public agencies, or
of social services agencies, which may adversely affect the health,
safety, welfare, or rights of such residents. When necessary and
appropriate, representatives of the Office shall refer complaints to
the appropriate regulatory State agency. The Department shall
HOUSE OF REPRESENTATIVES 2233
cooperate with the Department of Human Services in providing
information and training to designated sub-State long term care
ombudsman programs about the appropriate assessment and treatment
(including information about appropriate supportive services,
treatment options, and assessment of rehabilitation potential) of
persons with mental illness (other than Alzheimer's disease and
related disorders).
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and subparagraphs
(A) and (E) of paragraph (3) of subsection (c) of Section 1919 of
the Social Security Act, as now or hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r-3 (c)(3)(A) and
(E)), and Section 307(a)(12) of the Older Americans Act of 1965,
as now or hereafter amended, a long term care facility must:
(i) permit immediate access to any resident by an
ombudsman; and
(ii) permit representatives of the Office, with the
permission of the resident's legal representative or legal
guardian, to examine a resident's clinical and other
records, and if a resident is unable to consent to such
review, and has no legal guardian, permit representatives of
the Office appropriate access, as defined by the Department
in administrative rules, to the resident's records.
(2) Each long term care facility shall display, in
multiple, conspicuous public places within the facility
accessible to both visitors and patients and in an easily
readable format, the address and phone number of the Office, in a
manner prescribed by the Office.
(e) Immunity. An ombudsman or any other representative of the
Office participating in the good faith performance of his or her
official duties shall have immunity from any liability (civil,
criminal or otherwise) in any proceedings (civil, criminal or
otherwise) brought as a consequence of the performance of his
official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or attempt
to impede in any way any representative of the Office in the
performance of his official duties under this Act and the
Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate against, or
effect reprisals against any long term care facility
resident or employee for contacting or providing information
to any representative of the Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The Director of Aging shall notify the State's Attorney
of the county in which the long term care facility is located, or
the Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities. No files or
records maintained by the Office of State Long Term Care Ombudsman
shall be disclosed unless the State Ombudsman or the ombudsman having
the authority over the disposition of such files authorizes the
disclosure in writing. The ombudsman shall not disclose the identity
of any complainant, resident, witness or employee of a long term care
provider involved in a complaint or report unless such person or
such person's guardian or legal representative consents in writing to
the disclosure, or the disclosure is required by court order.
(h) Legal representation. The Attorney General shall provide
legal representation to any representative of the Office against whom
2234 JOURNAL OF THE [March 24, 1999]
suit or other legal action is brought in connection with the
performance of the representative's official duties, in accordance
with "An Act to provide for representation and indemnification in
certain civil law suits", approved December 3, 1977, as now or
hereafter amended.
(i) Treatment by prayer and spiritual means. Nothing in this Act
shall be construed to authorize or require the medical supervision,
regulation or control of remedial care or treatment of any resident
in a long term care facility operated exclusively by and for members
or adherents of any church or religious denomination the tenets and
practices of which include reliance solely upon spiritual means
through prayer for healing.
(Source: P.A. 90-639, eff. 1-1-99.)
Section 10. The Mental Health and Developmental Disabilities
Administrative Act is amended by changing Sections 4, 7, and 15 and
adding Sections 15.4 and 71 as follows:
(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)
Sec. 4. Supervision of facilities and services; quarterly
reports.
(a) To exercise executive and administrative supervision over
all facilities, divisions, programs and services now existing or
hereafter acquired or created under the jurisdiction of the
Department, including, but not limited to, the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental Center,
at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center, at
Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at Springfield
The Adolf Meyer Mental Health Center, at Decatur
The William W. Fox Developmental Center, at Dwight
The Elisabeth Ludeman Developmental Center, at Park Forest
The William A. Howe Developmental Center, at Tinley Park
The Ann M. Kiley Developmental Center, at Waukegan.
(b) Beginning not later than July 1, 1977, the Department shall
cause each of the facilities under its jurisdiction which provide
in-patient care to comply with standards, rules and regulations of
the Department of Public Health prescribed under Section 6.05 of the
"Hospital Licensing Act", approved July 1, 1953, as amended.
(c) The Department shall issue quarterly reports on admissions,
deflections, discharges, bed closures, staff-resident ratios, census,
average length of stay, and any adverse federal certification or
accreditation findings, if any, for each State-operated facility for
the mentally ill and developmentally disabled.
(Source: P.A. 87-447; 89-439, eff. 6-1-96; revised 10-31-98.)
(20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)
Sec. 7. To receive and provide the highest possible quality of
humane and rehabilitative care and treatment to all persons admitted
HOUSE OF REPRESENTATIVES 2235
or committed or transferred in accordance with law to the facilities,
divisions, programs, and services under the jurisdiction of the
Department. No resident of another state shall be received or
retained to the exclusion of any resident of this State. No resident
of another state shall be received or retained to the exclusion of
any resident of this State. All recipients of 17 years of age and
under in residence in a Department facility other than a facility for
the care of the mentally retarded shall be housed in quarters
separated from older recipients except for: (a) recipients who are
placed in medical-surgical units because of physical illness; and (b)
recipients between 13 and 18 years of age who need temporary security
measures.
All recipients in a Department facility shall be given a dental
examination by a licensed dentist or registered dental hygienist at
least once every 18 months and shall be assigned to a dentist for
such dental care and treatment as is necessary.
All medications administered to recipients shall be administered
only by those persons who are legally qualified to do so by the laws
of the State of Illinois. Medication shall not be prescribed until a
physical and mental examination of the recipient has been completed.
If, in the clinical judgment of a physician, it is necessary to
administer medication to a recipient before the completion of the
physical and mental examination, he may prescribe such medication but
he must file a report with the facility director setting forth the
reasons for prescribing such medication within 24 hours of the
prescription. A copy of the report shall be part of the recipient's
record.
No later than January 1, 2000, the Department shall adopt
standards for recording on a prescribed form all patient diagnosis,
care, and treatment at every facility under the jurisdiction of the
Department.
Every facility under the jurisdiction of the Department shall
maintain a copy of each report of suspected abuse or neglect of the
patient. Copies of those reports shall be made available to the State
Auditor General in connection with his biennial program audit of the
facility as required by Section 3-2 of the Illinois State Auditing
Act.
No later than January 1, 2000, every facility under the
jurisdiction of the Department and all services provided in those
facilities shall comply with all of the applicable standards adopted
by the Social Security Administration under Subchapter XVIII
(Medicare) of the Social Security Act (42 U.S.C. 1395 - 1395ccc).
(Source: P.A. 86-922; 86-1013; 86-1475.)
(20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
Sec. 15. Before any person is released from a facility operated
by the State pursuant to an absolute discharge or a conditional
discharge from hospitalization under this Act, the facility director
of the facility in which such person is hospitalized shall determine
that such person is not currently in need of hospitalization and:
(a) is able to live independently in the community; or
(b) requires further oversight and supervisory care for
which arrangements have been made with responsible relatives or
supervised residential program approved by the Department; or
(c) requires further personal care or general oversight as
defined by the Nursing Home Care Act, for which placement
arrangements have been made with a suitable family home or other
licensed facility approved by the Department under this Section;
or
(d) requires community mental health services for which
arrangements have been made with a suitable community mental
health provider.
2236 JOURNAL OF THE [March 24, 1999]
Such determination shall be made in writing and shall become a
part of the facility record of such absolutely or conditionally
discharged person. When the determination indicates that the
condition of the person to be granted an absolute discharge or a
conditional discharge is described under subparagraph (c) or (d) of
this Section, the name and address of the continuing care facility or
home to which such person is to be released shall be entered in the
facility record. Where a discharge from a mental health facility is
made under subparagraph (c), the Department shall assign the person
so discharged to an existing community based not-for-profit agency
for participation in day activities suitable to the person's needs,
such as but not limited to social and vocational rehabilitation, and
other recreational, educational and financial activities unless the
community based not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act of
1977 by more than 3% over the prior year, the Department shall fully
reimburse such agency for the costs of providing services to such
persons in excess of such 3% increase. The Department shall keep
written records detailing how many persons have been assigned to a
community based not-for-profit agency and how many persons were not
so assigned because the community based agency was unqualified to
accept the assignments. Whenever a community based agency is found
to be unqualified, the name of the agency and the reason for the
finding shall be included in the report. The report shall be
available to the public under the Freedom of Information Act.
Insofar as desirable in the interests of the former recipient,
the facility, program or home in which the discharged person is to be
placed shall be located in or near the community in which the person
resided prior to hospitalization or in the community in which the
person's family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department unless
there are no appropriate facilities, programs or homes available
within this State. Out-of-state placements shall be subject to return
of recipients so placed upon the availability of facilities, programs
or homes within this State to accommodate these recipients, except
where placement in a contiguous state results in locating a recipient
in a facility or program closer to the recipient's home or family.
If an appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall be
returned to and placed at the appropriate facility or program within
this State.
To place any person who is under a program of the Department at
board in a suitable family home or in such other facility or program
as the Department may consider desirable. The Department may place
in licensed nursing homes, sheltered care homes, or homes for the
aged those persons whose behavioral manifestations and medical and
nursing care needs are such as to be substantially indistinguishable
from persons already living in such facilities. Prior to any
placement by the Department under this Section, a determination shall
be made by the personnel of the Department, as to the capability and
suitability of such facility to adequately meet the needs of the
person to be discharged. When specialized programs are necessary in
order to enable persons in need of supervised living to develop and
improve in the community, the Department shall place such persons
only in specialized residential care facilities which shall meet
Department standards including restricted admission policy, special
staffing and programming for social and vocational rehabilitation, in
addition to the requirements of the appropriate State licensing
agency. The Department shall not place any new person in a facility
HOUSE OF REPRESENTATIVES 2237
the license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive services,
regardless of the pendency of an action for administrative review
regarding such revocation or failure to renew. Before the Department
may transfer any person to a licensed nursing home, sheltered care
home or home for the aged or place any person in a specialized
residential care facility the Department shall notify the person to
be transferred, or a responsible relative of such person, in writing,
at least 30 days before the proposed transfer, with respect to all
the relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the person to
be transferred or a responsible relative of such person objects to
such transfer, in writing to the Department, at any time after
receipt of notice and before the transfer, the facility director of
the facility in which the person was a recipient shall immediately
schedule a hearing at the facility with the presence of the facility
director, the person who objected to such proposed transfer, and a
psychiatrist who is familiar with the record of the person to be
transferred. Such person to be transferred or a responsible relative
may be represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the proposed
transfer. Testimony presented at such hearing shall become a part of
the facility record of the person-to-be-transferred. The record of
testimony shall be held in the person-to-be-transferred's record in
the central files of the facility. If such hearing is held a transfer
may only be implemented, if at all, in accordance with the results of
such hearing. Within 15 days after such hearing the facility director
shall deliver his findings based on the record of the case and the
testimony presented at the hearing, by registered or certified mail,
to the parties to such hearing. The findings of the facility director
shall be deemed a final administrative decision of the Department.
For purposes of this Section, "case of emergency" means those
instances in which the health of the person to be transferred is
imperiled and the most appropriate mental health care or medical care
is available at a licensed nursing home, sheltered care home or home
for the aged or a specialized residential care facility.
Prior to placement of any person in a facility under this Section
the Department shall ensure that an appropriate training plan for
staff is provided by the facility. Said training may include
instruction and demonstration by Department personnel qualified in
the area of mental illness or mental retardation, as applicable to
the person to be placed. Training may be given both at the facility
from which the recipient is transferred and at the facility receiving
the recipient, and may be available on a continuing basis subsequent
to placement. In a facility providing services to former Department
recipients, training shall be available as necessary for facility
staff. Such training will be on a continuing basis as the needs of
the facility and recipients change and further training is required.
The Department shall not place any person in a facility which
does not have appropriately trained staff in sufficient numbers to
accommodate the recipient population already at the facility. As a
condition of further or future placements of persons, the Department
shall require the employment of additional trained staff members at
the facility where said persons are to be placed. The Secretary, or
his or her designate, shall establish written guidelines for
placement of persons in facilities under this Act. The Department
shall keep written records detailing which facilities have been
determined to have appropriately trained staff, which facilities have
been determined not to have such staff, and all training which it has
provided or required under this Section. The records shall be
available to the public under the Freedom of Information Act.
2238 JOURNAL OF THE [March 24, 1999]
Bills for the support for a person boarded out shall be payable
monthly out of the proper maintenance funds and shall be audited as
any other accounts of the Department. If a person is placed in a
facility or program outside the Department, the Department may pay
the actual costs of residence, treatment or maintenance in such
facility and may collect such actual costs or a portion thereof from
the recipient or the estate of a person placed in accordance with
this Section.
Other than those placed in a family home the Department shall
cause all persons who are placed in a facility, as defined by the
Nursing Home Care Act, or in designated community living situations
or programs, to be visited at least once during the first month
following placement, and once every month thereafter for the first
year following placement when indicated. After the first year, visits
shall be made every 6 months. If a long term care facility has
periodic care plan conferences, the visitor shall participate in
those conferences except that, following the first year of placement,
the visitor need only participate once a year. Visits shall be made
by qualified and trained Department personnel, or their designee, in
the area of mental health or developmental disabilities applicable to
the person visited, and shall be made on a more frequent basis when
indicated. The Department may not use as designee any personnel
connected with or responsible to the representatives of any facility
in which persons who have been transferred under this Section are
placed. In the course of such visit there shall be consideration of
the following areas, but not limited thereto: effects of transfer on
physical and mental health of the person, sufficiency of nursing care
and medical coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person, social,
recreational and programmatic activities available for the person,
and other appropriate aspects of the person's environment.
A report containing the above observations shall be made to the
Department and to any other appropriate agency subsequent to each
visitation. The report shall contain a detailed assessment of whether
the recipient is receiving adequate and humane care and services in
the least restrictive environment. If the recipient is not receiving
those services, the Department shall either require that the facility
modify the treatment plan to ensure that those services are provided
or make arrangements necessary to provide those services elsewhere.
At the conclusion of one year following absolute or conditional
discharge, or a longer period of time if required by the Department,
the Department may terminate the visitation requirements of this
Section as to a person placed in accordance with this Section, by
filing a written statement of termination setting forth reasons to
substantiate the termination of visitations in the person's file, and
sending a copy thereof to the person, and to his guardian or next of
kin.
Upon the complaint of any person placed in accordance with this
Section or any responsible citizen or upon discovery that such person
has been abused, neglected, or improperly cared for, or that the
placement does not provide the type of care required by the
recipient's current condition, the Department immediately shall
investigate, and determine if the well-being, health, care, or safety
of any person is affected by any of the above occurrences, and if any
one of the above occurrences is verified, the Department shall remove
such person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs can be
met at said facility. The Department may also provide any person
placed in accordance with this Section who is without available
funds, and who is permitted to engage in employment outside the
facility, such sums for the transportation, and other expenses as may
HOUSE OF REPRESENTATIVES 2239
be needed by him until he receives his wages for such employment.
The Department shall promulgate rules and regulations governing
the purchase of care for persons who are wards of or who are
receiving services from the Department. Such rules and regulations
shall apply to all monies expended by any agency of the State of
Illinois for services rendered by any person, corporate entity,
agency, governmental agency or political subdivision whether public
or private outside of the Department whether payment is made through
a contractual, per-diem or other arrangement. No funds shall be paid
to any person, corporation, agency, governmental entity or political
subdivision without compliance with such rules and regulations.
The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
Any provider of services under this Act may elect to receive
payment for those services, and the Department is authorized to
arrange for that payment, by means of direct deposit transmittals to
the service provider's account maintained at a bank, savings and loan
association, or other financial institution. The financial
institution shall be approved by the Department, and the deposits
shall be in accordance with rules and regulations adopted by the
Department.
The Department shall keep written records of the number of
persons it places in long term care facilities each year. The
records shall include the name and address of each facility and the
diagnosis of each individual so placed. The records shall be
available to the public under the Freedom of Information Act.
(Source: P.A. 89-507, eff. 7-1-97; 90-423, eff. 8-15-97.)
(20 ILCS 1705/15.4 new)
Sec. 15.4. Quality assurance for recipients in long term care
facilities. Beginning on January 1, 2000, the following shall apply
to all residents of long term care facilities, as defined by the
Nursing Home Care Act, which are also classified as institutions for
mental diseases under 42 U.S.C. 1396d(i):
(a) The Department shall cause all persons who reside in those
facilities to be visited every 6 months. If the facility has
periodic care plan conferences, the visitor shall participate in
those conferences at least once a year. Visits shall be made by
qualified and trained Department personnel, or their designee, in the
area of mental health or developmental disabilities applicable to the
person visited, and shall be made on a more frequent basis when
indicated. The Department may not use as designee any personnel
connected with or responsible to the representatives of any facility
in which persons who have been transferred under this Section are
placed. In the course of the visit there shall be consideration of
areas including but not limited to the following: effects of
transfer on physical and mental health of the person, sufficiency of
nursing care and medical coverage required by the person, sufficiency
of staff personnel and ability to provide basic care for the person,
social, recreational, and programmatic activities available for the
person, and other appropriate aspects of the person's environment. A
report containing the above observations shall be made to the
Department and to any other appropriate agency after each visitation.
The report shall contain a detailed assessment of whether the
recipient is receiving adequate and humane care and services in the
least restrictive environment. If the recipient is not receiving
those services, the Department shall either require that the facility
modify the treatment plan to ensure that those services are provided
or make arrangements necessary to provide those services elsewhere.
(b) Upon the complaint of any person who resides in a facility
governed by this Section or any responsible citizen or upon discovery
2240 JOURNAL OF THE [March 24, 1999]
that the person has been abused, neglected, or improperly cared for,
or that the placement does not provide the type of care required by
the recipient's current condition, the Department immediately shall
investigate and determine whether the well-being, health, care, or
safety of any person is affected by any of the above occurrences. If
any one of the above occurrences is verified, the Department shall
remove the person at once to a facility of the Department or to
another facility outside the Department, if the person's needs can be
met at said facility. The Department may also provide any person
placed in accordance with this Section who is without available
funds, and who is permitted to engage in employment outside the
facility, such sums for transportation and other expenses as may be
needed by him or her until he or she receives his or her wages for
that employment.
(c) The Department shall ensure that each resident is provided
with day activities suitable to the person's needs, such as but not
limited to social and vocational rehabilitation and other
recreational, educational, and financial activities. If the facility
does not provide these activities, the Department shall assign the
resident to an existing community based not-for-profit agency. If
the clientele of any not-for-profit agency increases as a result of
assignments under this amendatory Act of the 91st General Assembly by
more than 3% over the prior year, the Department shall fully
reimburse the agency for the costs of providing services to those
persons in excess of the 3% increase. The Department shall keep
written records detailing how many persons have been assigned to a
community based not-for-profit agency and how many persons were not
so assigned because the community based agency was unqualified to
accept the assignments. If a community based agency is found to be
unqualified, the name of the agency and the reason for the finding
shall be included in the report. The report shall be available to
the public under the Freedom of Information Act.
(d) The Department shall ensure that an appropriate training
plan for staff is provided by the facility. The training may include
instruction and demonstration by Department personnel qualified in
the are of mental illness or mental retardation, as applicable to the
person to be placed. Training may be given both at the facility from
which the recipient is transferred and at the facility receiving the
recipient, and may be available on a continuing basis after
placement. The training shall be on continuing basis as the needs of
the facility and recipients change and further training is required.
The Department shall keep written records detailing which facilities
have been determined to have appropriately trained staff, which
facilities have been determined not to have appropriately trained
staff and all training which it has provided or required under this
Section. The records shall be available to the public under the
Freedom of Information Act.
(20 ILCS 1705/71 new)
Sec. 71. Resident Assessment.
(1) The Department of Human Services shall arrange for the
independent expert evaluation of every person with a primary or
secondary diagnosis of mental illness (other than Alzheimer's disease
or a related disorder) residing in every facility licensed under the
Nursing Home Care Act to provide skilled, intermediate, or sheltered
care to adults. The evaluation shall describe, at a minimum, each
individual's current mental health status, treatment needs, and
rehabilitation potential, and the extent to which the current
placement is meeting those needs. The evaluation shall include a
recommendation about the most appropriate treatment setting for the
individual. The assessment of treatment needs and rehabilitation
potential shall be made without regard for the current availability
HOUSE OF REPRESENTATIVES 2241
of the services an individual may need.
(2) Evaluations shall be performed by qualified mental health
professionals. Reimbursement shall be at the same rate as that paid
for the pre-admission screenings required by Title 19 of the Social
Security Act. The Department of Human Services may use existing
pre-admission screening agencies and pre-admission agents to perform
the evaluations, except that no evaluation of any resident may be
performed by any agent or agency which has previously performed a
pre-admission screening evaluation of the resident. The Department
of Human Services may use the current pre-admission screening
assessment tool as the basis for the evaluation, supplemented as
necessary to provide the information necessary to make treatment and
placement recommendations.
(3) The Department of Human Services shall arrange for an agent
independent of any executive department of the State of Illinois to
review and monitor the evaluation process mandated by this Section.
Upon completion of 25% of the mandated evaluations, the agent shall
review not fewer that 5% of the evaluations to determine if they have
been performed in compliance with the purpose and requirements of
this Section. The agent shall issue a written report of its findings
forthwith, which shall be made public upon delivery to the Department
of Human Services and sent forthwith by the Department of Human
Services to the General Assembly. If the agent determines that the
evaluations are not being completed in compliance with the purpose
and requirements of this Section, it shall make recommendations for
necessary changes in the assessment process which shall be adopted by
the Department of Human Services in conducting any remaining
assessments.
(4) The Department of Public Aid may not deny reimbursement for
nursing home services for any person, and no person shall be
discharged from any nursing facility, because of the findings of any
assessment made under this Section that the person does not need
nursing home care unless there are available to that person, in a
less restrictive setting, the housing, mental health services,
medical services, and other supportive services he or she needs.
(5) The Department of Human Services shall also prepare an
assessment of each mental health comprehensive community service
network in the State. This assessment shall evaluate the resources
needed in each network to provide appropriate mental health services
for all people within the network's service area who have mental
illness. As used in this subsection (5), "mental illness" means a
mental or emotional disorder verified by a diagnosis contained in the
Diagnostic and Statistical Manual of Mental Disorders, Third
Edition-Revised (or any subsequent edition) or International
Classification of Diseases, Ninth Revision, Clinical Modification (or
any subsequent revision) which substantially impairs the individual's
cognitive, emotional, or behavioral functioning; excluding V codes,
organic disorders such as dementia and those associated with known or
unknown physical conditions such as hallucinosis, amnestic disorder,
and delirium; psychoactive substance induced organic disorders; and
mental retardation or psychoactive substance use disorder. For
purposes of this subsection (5), "mental illness" does not exclude a
dual diagnosis of mental illness and mental retardation or mental
illness and psychoactive substance use disorders. The assessments
shall include, at a minimum, an analysis of the current availability
and needs in each of the following areas: (i) mental health
treatment, (ii) qualified mental health professionals, (iii) case
managers, (iv) programs for psychosocial rehabilitation, (v) housing
and supportive services, (vi) vocational assistance, and (vii)
programs for substance abuse.
(6) The Department of Human Services shall maintain the bed
2242 JOURNAL OF THE [March 24, 1999]
capacity of each state-operated facility as of January 1, 1999 until
completion of the assessments required by subsection (1) of this
Section.
(7) By June 30, 2000, the Department of Human Services shall
complete all required individual and network assessments and shall
submit a written report to the Governor and General Assembly which
describes the results of the assessment process and contains a
specific plan to address the needs for mental health services which
that process has identified.
Section 15. The Nursing Home Care Act is amended by changing
Sections 2-104, 2-106, 2-106.1, 3-202, and 3-212 and by adding
Section 2-101.2 as follows:
(210 ILCS 45/2-101.2 new)
Sec. 2-101.2. Application of Mental Health and Developmental
Disabilities Act. The Mental Health and Developmental Disabilities
Act and the Mental Health and Developmental Disabilities
Confidentiality Act apply to all persons residing in an institution
for mental diseases, as defined in 24 U.S.C. 1396d(i). To the extent
that there is any conflict between the Mental Health and
Developmental Disabilities Act, the Mental Health and Developmental
Disability Confidentiality Act, and this Act or any federal law or
regulation, the provision which is more protective of the rights of
residents shall govern.
(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
Sec. 2-104. (a) A resident shall be permitted to retain the
services of his own personal physician at his own expense or under an
individual or group plan of health insurance, or under any public or
private assistance program providing such coverage. However, the
facility is not liable for the negligence of any such personal
physician. Every resident shall be permitted to obtain from his own
physician or the physician attached to the facility complete and
current information concerning his medical diagnosis, treatment and
prognosis in terms and language the resident can reasonably be
expected to understand. Every resident shall be permitted to
participate in the planning of his total care and medical treatment
to the extent that his condition permits. No resident shall be
subjected to experimental research or treatment without first
obtaining his informed, written consent. The conduct of any
experimental research or treatment shall be authorized and monitored
by an institutional review committee appointed by the administrator
of the facility where such research and treatment is conducted. The
membership, operating procedures and review criteria for
institutional review committees shall be prescribed under rules and
regulations of the Department.
(b) All medical treatment and procedures shall be administered
as ordered by a physician. All new physician orders shall be reviewed
by the facility's director of nursing or charge nurse designee within
24 hours after such orders have been issued to assure facility
compliance with such orders.
According to rules adopted by the Department, every woman
resident of child-bearing age shall receive routine obstetrical and
gynecological evaluations as well as necessary prenatal care.
Every resident with a diagnosis of mental illness (other than
Alzheimer's disease or a related disorder) shall receive necessary
mental health services, including but not limited to medical
management, individual and group therapy, psychosocial
rehabilitation, vocational services, and partial hospitalization.
Services shall be appropriate to meet the needs of the individual
resident, and may be provided by the facility or by an outside mental
health services provider, in the facility or in an appropriate
setting elsewhere. A facility shall assist in arranging for a
HOUSE OF REPRESENTATIVES 2243
resident to receive services from an outside provider when the
services meet the resident's needs and the resident wishes to receive
them.
(c) Every resident shall be permitted to refuse medical
treatment and to know the consequences of such action, unless such
refusal would be harmful to the health and safety of others and such
harm is documented by a physician in the resident's clinical record.
The resident's refusal shall free the facility from the obligation to
provide the treatment.
(d) Every resident, resident's guardian, or parent if the
resident is a minor shall be permitted to inspect and copy all his
clinical and other records concerning his care and maintenance kept
by the facility or by his physician. The facility may charge a
reasonable fee for duplication of a record.
(Source: P.A. 86-1013.)
(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
Sec. 2-106. (a) For purposes of this Act, (i) a physical
restraint is any manual method or physical or mechanical device,
material, or equipment attached or adjacent to a resident's body that
the resident cannot remove easily and restricts freedom of movement
or normal access to one's body; (ii) a chemical restraint is any drug
used for discipline or convenience and not required to treat medical
symptoms. The Department shall by rule, designate certain devices as
restraints, including at least all those devices which have been
determined to be restraints by the United States Department of Health
and Human Services in interpretive guidelines issued for the purposes
of administering Titles 18 and 19 of the Social Security Acts.
(b) Neither restraints nor confinements shall be employed for
the purpose of punishment or for the convenience of any facility
personnel. No restraints or confinements shall be employed except as
ordered by a physician who documents the need for such restraints or
confinements in the resident's clinical record. Whenever a resident
of an institution for mental diseases is restrained, a member of the
facility staff shall remain with the resident at all times unless the
recipient has been confined. A resident who is restrained and
confined shall be observed by a qualified person as often as is
clinically appropriate but in no event less often than once every 15
minutes.
(c) A restraint may be used only with the informed consent of
the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific periods,
if it is the least restrictive means necessary to attain and maintain
the resident's highest practicable physical, mental or psychosocial
well-being, including brief periods of time to provide necessary
life-saving treatment. A restraint may be used only after
consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive
measures has led to the determination that the use of less
restrictive measures would not attain or maintain the resident's
highest practicable physical, mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may be used
for brief periods to permit medical treatment to proceed unless the
facility has notice that the resident has previously made a valid
refusal of the treatment in question.
(d) A restraint may be applied only by a person trained in the
application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated, the
resident shall be advised of his or her right to have a person or
organization of his or her choosing, including the Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person or
2244 JOURNAL OF THE [March 24, 1999]
organization of his or her choosing be notified of the restraint,
whether or not the guardian approves the notice. If the resident so
chooses, the facility shall make the notification within 24 hours,
including any information about the period of time that the restraint
is to be used. Whenever the Guardianship and Advocacy Commission is
notified that a resident has been restrained, it shall contact the
resident to determine the circumstances of the restraint and whether
further action is warranted.
(f) Whenever a restraint is used on a resident whose primary
mode of communication is sign language, the resident shall be
permitted to have his or her hands free from restraint for brief
periods each hour, except when this freedom may result in physical
harm to the resident or others.
(g) The requirements of this Section are intended to control in
any conflict with the requirements of Sections 1-126 and 2-108 of the
Mental Health and Developmental Disabilities Code.
(Source: P.A. 88-413.)
(210 ILCS 45/2-106.1)
Sec. 2-106.1. Drug treatment.
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be
reduced or discontinued. The Department shall adopt, by rule, the
standards for unnecessary drugs contained in interpretive guidelines
issued by the United States Department of Health and Human Services
for the purposes of administering titles 18 and 19 of the Social
Security Act.
(b) Psychotropic medication shall not be prescribed without the
informed consent of the resident, the resident's guardian, or other
authorized representative. "Psychotropic medication" means
medication that is used for or listed as used for antipsychotic,
antidepressant, antimanic, or antianxiety behavior modification or
behavior management purposes in the latest editions of the AMA Drug
Evaluations or the Physician's Desk Reference.
(c) To the extent that there is any conflict between the
requirements of this Section and are intended to control in a
conflict with the requirements of Sections 1-102 and 2-107.2 of the
Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication, the provision which is
more protective of the rights of residents shall govern.
(Source: P.A. 88-413.)
(210 ILCS 45/3-203) (from Ch. 111 1/2, par. 4153-203)
Sec. 3-203. In licensing any facility for persons with a
developmental disability or persons suffering from mental illness
(other than Alzheimer's disease or related disorders) emotional or
behavioral disorders, the Department shall consult with the
Department of Human Services in developing minimum standards for such
persons. The Department, in consultation with the Department of Human
Services, shall contract with an independent agent to evaluate the
nursing home resident assessment instrument mandated for State use by
the Health Care Financing Administration in nursing homes certified
for participation in Titles 18 and 19 of the Social Security Act, and
the resident assessment protocols mandated for use with the
assessment instrument. To provide information about the current
mental health-related needs and rehabilitation potential of a
resident with a diagnosis of mental illness (other than Alzheimer's
disease or related disorders) necessary to do appropriate care
planning for each such resident, the evaluation shall include
recommendations about: (1) what questions should be added to the
HOUSE OF REPRESENTATIVES 2245
assessment tool; and (2) what additions should be made to the
assessment protocols. The evaluation shall be made public upon
delivery to the Department.
The evaluation shall form the basis for rule-making by the
Department requiring use of the revised instrument and protocols in
assessing the needs and planning the care of all persons with a
diagnosis of mental illness (other than Alzheimer's disease or
related disorders). Rule-making shall be initiated by the Department
by March 1, 2000. The evaluation shall be performed by an
independent agency who (1) has expertise in assessing and treating
persons with a chronic mental illness in other than a hospital
setting, and (2) in the prior 2 years received no income derived
directly or indirectly from any Illinois nursing home or any Illinois
nursing home association and no more than 5% of his or her income
from the care or treatment of any Illinois nursing home resident. If
the agent is not an individual, the requirements of this Section with
respect to income shall apply to all persons who perform the
evaluation.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
Sec. 3-212. Inspection.
(a) The Department, whenever it deems necessary in accordance
with subsection (b), shall inspect, survey and evaluate every
facility to determine compliance with applicable licensure
requirements and standards. An inspection should occur within 120
days prior to license renewal. The Department may periodically visit
a facility for the purpose of consultation. An inspection, survey,
or evaluation, other than an inspection of financial records, shall
be conducted without prior notice to the facility. A visit for the
sole purpose of consultation may be announced. The Department shall
provide training to surveyors about the appropriate assessment, care
planning, and care of persons with mental illness (other than
Alzheimer's disease or related disorders) to enable its surveyors to
determine whether a facility is complying with State and federal
requirements about the assessment, care planning, and care of those
persons.
(a-1) An employee of a State or unit of local government agency
charged with inspecting, surveying, and evaluating facilities who
directly or indirectly gives prior notice of an inspection, survey,
or evaluation, other than an inspection of financial records, to a
facility or to an employee of a facility is guilty of a Class A
misdemeanor.
(a-2) An employee of a State or unit of local government agency
charged with inspecting, surveying, or evaluating facilities who
willfully profits from violating the confidentiality of the
inspection, survey, or evaluation process shall be guilty of a Class
4 felony and that conduct shall be deemed unprofessional conduct that
may subject a person to loss of his or her professional license. An
action to prosecute a person for violating this subsection (a-2) may
be brought by either the Attorney General or the State's Attorney in
the county where the violation took place.
(b) In determining whether to make more than the required number
of unannounced inspections, surveys and evaluations of a facility the
Department shall consider one or more of the following: previous
inspection reports; the facility's history of compliance with
standards, rules and regulations promulgated under this Act and
correction of violations, penalties or other enforcement actions; the
number and severity of complaints received about the facility; any
allegations of resident abuse or neglect; weather conditions; health
emergencies; other reasonable belief that deficiencies exist.
(b-1) The Department shall not be required to determine whether
2246 JOURNAL OF THE [March 24, 1999]
a facility certified to participate in the Medicare program under
Title XVIII of the Social Security Act, or the Medicaid program under
Title XIX of the Social Security Act, and which the Department
determines by inspection under this Section or under Section 3-702 of
this Act to be in compliance with the certification requirements of
Title XVIII or XIX, is in compliance with any requirement of this Act
that is less stringent than or duplicates a federal certification
requirement. In accordance with subsection (a) of this Section or
subsection (d) of Section 3-702, the Department shall determine
whether a certified facility is in compliance with requirements of
this Act that exceed federal certification requirements. If a
certified facility is found to be out of compliance with federal
certification requirements, the results of an inspection conducted
pursuant to Title XVIII or XIX of the Social Security Act may be used
as the basis for enforcement remedies authorized and commenced under
this Act. Enforcement of this Act against a certified facility shall
be commenced pursuant to the requirements of this Act, unless
enforcement remedies sought pursuant to Title XVIII or XIX of the
Social Security Act exceed those authorized by this Act. As used in
this subsection, "enforcement remedy" means a sanction for violating
a federal certification requirement or this Act.
(c) Upon completion of each inspection, survey and evaluation,
the appropriate Department personnel who conducted the inspection,
survey or evaluation shall submit a copy of their report to the
licensee upon exiting the facility, and shall submit the actual
report to the appropriate regional office of the Department. Such
report and any recommendations for action by the Department under
this Act shall be transmitted to the appropriate offices of the
associate director of the Department, together with related comments
or documentation provided by the licensee which may refute findings
in the report, which explain extenuating circumstances that the
facility could not reasonably have prevented, or which indicate
methods and timetables for correction of deficiencies described in
the report. Without affecting the application of subsection (a) of
Section 3-303, any documentation or comments of the licensee shall be
provided within 10 days of receipt of the copy of the report. Such
report shall recommend to the Director appropriate action under this
Act with respect to findings against a facility. The Director shall
then determine whether the report's findings constitute a violation
or violations of which the facility must be given notice. Such
determination shall be based upon the severity of the finding, the
danger posed to resident health and safety, the comments and
documentation provided by the facility, the diligence and efforts to
correct deficiencies, correction of the reported deficiencies, the
frequency and duration of similar findings in previous reports and
the facility's general inspection history. Violations shall be
determined under this subsection no later than 60 days after
completion of each inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey and
evaluation reports for at least 5 years in a manner accessible to and
understandable by the public.
(Source: P.A. 88-278; 89-21, eff. 1-1-96; 89-171, eff. 1-1-96;
89-197, eff. 7-21-95; 89-626, eff. 8-9-96.)
Section 20. The Mental Health and Developmental Disabilities
Code is amended by changing Section 1-114 as follows:
(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
Sec. 1-114. "Mental health facility" means any licensed private
hospital, institution, or facility or section thereof, and any
facility, or section thereof, operated by the State or a political
subdivision thereof for the treatment of persons with mental illness
and includes all hospitals, institutions, clinics, evaluation
HOUSE OF REPRESENTATIVES 2247
facilities, and mental health centers which provide treatment for
such persons. "Mental health facility" includes any long term care
facility as defined in Section 1-113 of the Nursing Home Care Act
which meets the definition of "institution for mental diseases" in 42
U.S.C. 1396d(i).
(Source: P.A. 88-380.)".
AMENDMENT NO. 2 TO HOUSE BILL 182
AMENDMENT NO. 2. Amend House Bill 182, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend certain Acts in relation to mental health."; and
by inserting immediately after the enacting clause the following:
"Section 2. The Abused and Neglected Long Term Care Facility
Residents Reporting Act is amended by adding Section 6.9 as follows:
(210 ILCS 30/6.9 new)
Sec. 6.9. Reviews; mental health facilities. The agency
designated by the Governor under Section 1 of the Protection and
Advocacy for Developmentally Disabled Persons Act is authorized to
review abuse, neglect, deaths, and other safety-related issues in
mental health facilities, as defined in the Mental Health and
Developmental Disabilities Code, and the effectiveness of the State's
systems that address these issues. To enable the agency designated by
the Governor to fulfill its obligations pursuant to this Section, the
agency shall have authority to the same extent as that provided to
the Inspector General of the Department of Human Services. Nothing
in this Section limits the agency's authority as the State's
designated protection and advocacy system. All identifiable
information in records provided pursuant to this Section shall not be
further disclosed except as provided by the Mental Health and
Developmental Disabilities Confidentiality Act. The scope of these
studies shall be based on the available appropriation. The Auditor
General is authorized to contract with the agency designated by the
Governor for the performance of the reviews. Nothing in this Section
prevents the agency designated by the Governor from securing other
public or private funds to carry out studies pursuant to this
Section. The agency shall provide an annual report to the General
Assembly and the Governor no later than April 1 of each year
regarding the reviews authorized by this Section.".
Floor Amendment No. 3 remained in the Committee on Rules.
Floor Amendment No. 4 was recommended be adopted by the Committee
on Rules.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was held on the order of Second Reading.
HOUSE BILL 239. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
The following amendment was offered in the Committee on
Elementary & Secondary Education, adopted and printed.
AMENDMENT NO. 1 TO HOUSE BILL 239
AMENDMENT NO. 1. Amend House Bill 239 by replacing everything
after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
10-22.40 as follows:
2248 JOURNAL OF THE [March 24, 1999]
(105 ILCS 5/10-22.40) (from Ch. 122, par. 10-22.40)
Sec. 10-22.40. Membership dues. To pay State and national
association membership dues to school associations which benefit
students by participation or accreditation. Any association subject
to Article 23 of this Act must be in current compliance with the
reporting requirements of Section 23-6 of this Section in order to
qualify as a recipient of membership dues under this Section. No dues
may be paid to any association which has as one of its purposes
providing for athletic and other competition among schools and
students unless that association:
A. permits a post audit by the Auditor General under the
Illinois State Auditing Act;
B. submits an annual report to the State Board of Education
dealing with trends in female participation in athletic competition,
including the numbers of female and male participants from each
member school and details on programs by the association to increase
female participation; and
C. is either subject to, or voluntarily complies with, the
public access provisions set forth for State agencies in Sections 3
and 4 of The State Records Act.
(Source: P.A. 84-1308.)".
Representative Brady offered the following amendments and moved
their adoption:
AMENDMENT NO. 2 TO HOUSE BILL 239
AMENDMENT NO. 2. Amend House Bill 239, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the School Code by changing Section 27-1."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section 27-1
as follows:
(105 ILCS 5/27-1) (from Ch. 122, par. 27-1)
Sec. 27-1. Areas of education taught - discrimination on account
of sex. The State of Illinois, having the responsibility of defining
requirements for elementary and secondary education, establishes that
the primary purpose of schooling is the transmission of knowledge and
culture through which children learn in areas necessary to their
continuing development and entry into the world of work. Such areas
include the language arts, mathematics, the biological, physical and
social sciences, the fine arts and physical development and health.
Each school district shall give priority in the allocation of
resources, including funds, time allocation, personnel, and
facilities, to fulfilling the primary purpose of schooling.
The State Board of Education shall establish goals consistent
with the above purposes and define the knowledge and skills which the
State expects students to master and apply as a consequence of their
education.
Each school district shall establish learning objectives
consistent with the primary purpose of schooling, shall develop
appropriate testing and assessment systems for determining the degree
to which students are achieving the objectives and shall develop
reporting systems to apprise the community and State of the
assessment results.
Each school district shall submit upon request its objectives and
assessment results, plans for improvement, and reporting systems to
the State Board of Education, which shall promulgate rules and
regulations for the approval of the objectives and systems. Each
school district shall make available to all students academic and
vocational courses for the attainment of learning objectives.
HOUSE OF REPRESENTATIVES 2249
No student shall be refused admission into or be excluded from
any course of instruction offered in the common schools by reason of
that person's sex. No student shall, solely by reason of that
person's sex, be denied equal access to physical education and
interscholastic athletic programs or comparable programs supported
from school district funds. This Section is violated when a high
school subject to this Act participates in the post-season basketball
tournament of any organization or association that does not conduct
post-season high school basketball tournaments for both boys and
girls, which tournaments are identically structured. Conducting
identically structured tournaments includes having the same number of
girls' teams as boys' teams playing, in their respective tournaments,
at any common location chosen for the final series of games in a
tournament; provided, that nothing in this paragraph shall be deemed
to prohibit the selection for the final series of games in the girls'
tournaments of a common location that is different than the common
location selected for the final series of games in the boys'
tournaments. Except as specifically stated in this Section, equal
access to programs supported by school district funds and comparable
programs will be defined in rules promulgated by the State Board
of Education in consultation with the Illinois High School
Association.
No later than July 1, 2000, and every 2 years thereafter, each
school district shall submit to the State Board of Education a report
on its student's participation in interscholastic athletics. This
report shall be submitted on a form supplied by the State Board of
Education and shall present information for each of the district's
schools showing which interscholastic sports were offered during the
school year just ended and the number of students participating in
each of these sports, by gender. The State Board of Education shall
compile the information supplied by school districts and, no later
than January 1, 2001, and every 2 years thereafter, provide the
compiled report to the members of the General Assembly.
The State Board of Education shall investigate the potential for
the creation of an annual report showing students' participation in
specified academic courses by gender. No later than January 1, 2001,
the State Board of Education shall submit to the General Assembly a
report on the results of this investigation, including at least a
discussion of the usefulness of this information, the cost to school
districts of providing this information, the cost to the State of
compiling this information, and any technical issues that may be
involved in collecting and reporting this information.
(Source: P.A. 87-934; 87-1215; 88-45.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 2 were ordered engrossed; and the bill, as amended,
was advanced to the order of Third Reading.
HOUSE BILL 722. Having been recalled on March 18, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Monique Davis offered the following amendment and
moved its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 722
AMENDMENT NO. 2. Amend House Bill 722, AS AMENDED, in Sec.
106E-5 of Section 5, by inserting after "offense" the following:
2250 JOURNAL OF THE [March 24, 1999]
"at a police station".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was again held on
the order of Second Reading.
HOUSE BILL 408. Having been read by title a second time on March
9, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Osmond offered and withdrew Amendment No. 2.
There being no further amendments, the bill was advanced to the
order of Third Reading.
HOUSE BILL 1116. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Scott offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1116
AMENDMENT NO. 1. Amend House Bill 1116 by replacing everything
after the enacting clause with the following:
"Section 5. The Counties Code is amended by changing Section
5-1121 as follows:
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may upon a formal request by
the city, village or incorporated town demolish, repair, or enclose
or cause the demolition, repair, or enclosure of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of the county, but outside the territory of any municipality, and may
remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
In any county having adopted, by referendum or otherwise, a county
health department as provided by Division 5-25 of the Counties Code
or its predecessor, the county board of any such county may upon a
formal request by the city, village, or incorporated town demolish,
repair or cause the demolition or repair of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the territory
of any city, village, or incorporated town having a population of
less than 50,000.
The county board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action
to be taken with respect to a building if the owner or owners of the
building, including the lien holders of record, after at least 15
days' written notice by mail to do so, have failed to commence
proceedings to put the building in a safe condition or to demolish it
or (ii) for an order requiring the owner or owners of record to
demolish, repair, or enclose the building or to remove garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of
action that the building is boarded up or otherwise enclosed,
although the court may order the defendant to have the building
boarded up or otherwise enclosed. Where, upon diligent search, the
identity or whereabouts of the owner or owners of the building,
HOUSE OF REPRESENTATIVES 2251
including the lien holders of record, is not ascertainable, notice
mailed to the person or persons in whose name the real estate was
last assessed and the posting of such notice upon the premises sought
to be demolished or repaired is sufficient notice under this Section.
The hearing upon the application to the circuit court shall be
expedited by the court and shall be given precedence over all other
suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder of
record, including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is recoverable from the
owner or owners of the real estate or the previous owner or both if
the property was transferred during the 15 day notice period and is a
lien on the real estate; the lien is superior to all prior existing
liens and encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the lien
holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate is
located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles
(Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and
(3) the date or dates when the cost and expense was incurred by the
county, the lien holder of record, or the intervenor. Upon payment of
the cost and expense by the owner of or persons interested in the
property after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has been
filed, or the assignee of the lien, and the release may be filed of
record as in the case of filing notice of lien. Unless the lien is
enforced under subsection (b), the lien may be enforced by
foreclosure proceedings as in the case of mortgage foreclosures under
Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the county from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (b).
If the appropriate official of any county determines that any
dangerous and unsafe building or uncompleted and abandoned building
within its territory fulfills the requirements for an action by the
county under the Abandoned Housing Rehabilitation Act, the county may
petition under that Act in a proceeding brought under this
subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this subsection
(b) in the same proceeding in which the lien is authorized.
A county desiring to enforce a lien under this subsection (b)
shall petition the court to retain jurisdiction for foreclosure
proceedings under this subsection. Notice of the petition shall be
served, by certified or registered mail, on all persons who were
served notice under subsection (a). The court shall conduct a
hearing on the petition not less than 15 days after the notice is
2252 JOURNAL OF THE [March 24, 1999]
served. If the court determines that the requirements of this
subsection (b) have been satisfied, it shall grant the petition and
retain jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the county,
including court costs, reasonable attorneys' fees, advances to
preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or owners of
the real estate. If the court denies the petition, the county may
enforce the lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil
Procedure as necessary parties in a mortgage foreclosure action shall
be joined as parties before issuance of an order of foreclosure.
Persons designated in Section 15-1501 of the Code of Civil Procedure
as permissible parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the foreclosure of
a lien under this subsection (b), except to the extent that those
provisions are inconsistent with this subsection. For purposes of
foreclosures of liens under this subsection, however, the redemption
period described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of the
order of foreclosure.
(c) In addition to any other remedy provided by law, the county
board of any county may petition the circuit court to have property
declared abandoned under this subsection (c) if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois land
trust having title to the property, shall be named as defendants in
the petition and shall be served with process. In addition, service
shall be had under Section 2-206 of the Code of Civil Procedure as in
other cases affecting property.
The county, however, may proceed under this subsection in a
proceeding brought under subsection (a). Notice of the petition
shall be served by certified or registered mail on all persons who
were served notice under subsection (a).
If the county proves that the conditions described in this
subsection exist and the owner of record of the property does not
enter an appearance in the action, or, if title to the property is
held by an Illinois land trust, if neither the owner of record nor
the owner of the beneficial interest of the trust enters an
appearance, the court shall declare the property abandoned.
If that determination is made, notice shall be sent by certified
or registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, stating that title
to the property will be transferred to the county unless, within 30
days of the notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the property
files with the court a request to demolish the dangerous or unsafe
building or to put the building in safe condition.
If the owner of record enters an appearance in the action within
the 30 day period, the court shall vacate its order declaring the
property abandoned. In that case, the county may amend its complaint
in order to initiate proceedings under subsection (a).
HOUSE OF REPRESENTATIVES 2253
If a request to demolish or repair the building is filed within
the 30 day period, the court shall grant permission to the requesting
party to demolish the building within 30 days or to restore the
building to safe condition within 60 days after the request is
granted. An extension of that period for up to 60 additional days
may be given for good cause. If more than one person with an
interest in the property files a timely request, preference shall be
given to the person with the lien or other interest of the highest
priority.
If the requesting party proves to the court that the building has
been demolished or put in a safe condition within the period of time
granted by the court, the court shall issue a quitclaim judicial deed
for the property to the requesting party, conveying only the interest
of the owner of record, upon proof of payment to the county of all
costs incurred by the county in connection with the action, including
but not limited to court costs, attorney's fees, administrative
costs, the costs, if any, associated with building enclosure or
removal, and receiver's certificates. The interest in the property
so conveyed shall be subject to all liens and encumbrances on the
property. In addition, if the interest is conveyed to a person
holding a certificate of purchase for the property under the Property
Tax Code, the conveyance shall be subject to the rights of redemption
of all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a timely
request or if the requesting party fails to demolish the building or
put the building in safe condition within the time specified by the
court, the county may petition the court to issue a judicial deed for
the property to the county. A conveyance by judicial deed shall
operate to extinguish all existing ownership interests in, liens on,
and other interest in the property, including tax liens.
(d) Each county may use the provisions of this subsection to
expedite the removal of certain buildings that are a continuing
hazard to the community in which they are located.
If a residential building is 2 stories or less in height as
defined by the county's building code, and the official designated to
be in charge of enforcing the county's building code determines that
the building is open and vacant and an immediate and continuing
hazard to the community in which the building is located, then the
official shall be authorized to post a notice not less than 2 feet by
2 feet in size on the front of the building. The notice shall be
dated as of the date of the posting and shall state that unless the
building is demolished, repaired, or enclosed, and unless any
garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the
building may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances or
materials may be removed, by the county.
Not later than 30 days following the posting of the notice, the
county shall do both of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a notice to all owners of record of the property, the
beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating
the intent of the county to demolish, repair, or enclose the
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published or
circulated in the county where the building is located, a notice
2254 JOURNAL OF THE [March 24, 1999]
setting forth (i) the permanent tax index number and the address
of the building, (ii) a statement that the property is open and
vacant and constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends to
demolish, repair, or enclose the building or remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
materials if the owner or owners or lienholders of record fail to
do so. This notice shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county board
may file his or her objection in an appropriate form in a court of
competent jurisdiction.
If the building is not demolished, repaired, or enclosed, or the
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials are not removed, within 30 days of mailing the notice to
the owners of record, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of record in
the property, or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the power to
demolish, repair, or enclose the building or to remove any garbage,
debris, or other hazardous, noxious, or unhealthy substances or
materials.
The county may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection within a
120-day period following the date of the mailing of the notice if the
appropriate official determines that the demolition, repair,
enclosure, or removal of any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials is necessary to remedy
the immediate and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this subsection, any
person has sought a hearing under this subsection before a court and
has served a copy of the complaint on the chief executive officer of
the county, then the county shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to remedy
the hazard and issues an order authorizing the county to do so.
Following the demolition, repair, or enclosure of a building, or
the removal of garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection, the county
may file a notice of lien against the real estate for the cost of the
demolition, repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the cost and
expense incurred, in the office of the recorder in the county in
which the real estate is located or in the office of the registrar of
titles of the county if the real estate affected is registered under
the Registered Titles (Torrens) Act. The notice of lien shall
consist of a sworn statement setting forth (i) a description of the
real estate, such as the address or other description of the
property, sufficient for its identification; (ii) the expenses
incurred by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses were
incurred by the county; (iv) a statement by the official responsible
for enforcing the building code that the building was open and vacant
and constituted an immediate and continuing hazard to the community;
(v) a statement by the official that the required sign was posted on
the building, that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the notice was
published. The lien authorized by this subsection may thereafter be
released or enforced by the county as provided in subsection (a).
(e) In any case where a county has obtained a lien under
HOUSE OF REPRESENTATIVES 2255
subsection (a), the county may also bring an action for a money
judgment against the owner or owners of the real estate in the amount
of the lien in the same manner as provided for bringing causes of
action in Article II of the Code of Civil Procedure and, upon
obtaining a judgment, file a judgment lien against all of the real
estate of the owner or owners and enforce that lien as provided for
in Article XII of the Code of Civil Procedure.
(Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 90-517, eff.
8-22-97; revised 3-4-99.)
Section 10. The Illinois Municipal Code is amended by changing
Section 11-31-1 as follows:
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or remediation.
(a) The corporate authorities of each municipality may demolish,
repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of the municipality and may remove or cause the
removal of garbage, debris, and other hazardous, noxious, or
unhealthy substances or materials from those buildings. In any
county having adopted by referendum or otherwise a county health
department as provided by Division 5-25 of the Counties Code or its
predecessor, the county board of that county may exercise those
powers with regard to dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of any city, village, or
incorporated town having less than 50,000 population.
The corporate authorities shall apply to the circuit court of the
county in which the building is located (i) for an order authorizing
action to be taken with respect to a building if the owner or owners
of the building, including the lien holders of record, after at least
15 days' written notice by mail so to do, have failed to put the
building in a safe condition or to demolish it or (ii) for an order
requiring the owner or owners of record to demolish, repair, or
enclose the building or to remove garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from the
building. It is not a defense to the cause of action that the
building is boarded up or otherwise enclosed, although the court may
order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of
the owner or owners of the building, including the lien holders of
record, is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed is sufficient notice
under this Section.
The hearing upon the application to the circuit court shall be
expedited by the court and shall be given precedence over all other
suits. Any person entitled to bring an action under subsection (b)
shall have the right to intervene in an action brought under this
Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is recoverable from the
owner or owners of the real estate or the previous owner or both if
the property was transferred during the 15 day notice period and is a
lien on the real estate; the lien is superior to all prior existing
liens and encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the municipality, the lien
holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the
office of the recorder in the county in which the real estate is
located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles
2256 JOURNAL OF THE [March 24, 1999]
(Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and
(3) the date or dates when the cost and expense was incurred by the
municipality, the lien holder of record, or the intervenor. Upon
payment of the cost and expense by the owner of or persons interested
in the property after the notice of lien has been filed, the lien
shall be released by the municipality, the person in whose name the
lien has been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien. Unless
the lien is enforced under subsection (c), the lien may be enforced
by foreclosure proceedings as in the case of mortgage foreclosures
under Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the municipality from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (c).
If the appropriate official of any municipality determines that
any dangerous and unsafe building or uncompleted and abandoned
building within its territory fulfills the requirements for an action
by the municipality under the Abandoned Housing Rehabilitation Act,
the municipality may petition under that Act in a proceeding brought
under this subsection.
(b) Any owner or tenant of real property within 1200 feet in any
direction of any dangerous or unsafe building located within the
territory of a municipality with a population of 500,000 or more may
file with the appropriate municipal authority a request that the
municipality apply to the circuit court of the county in which the
building is located for an order permitting the demolition, removal
of garbage, debris, and other noxious or unhealthy substances and
materials from, or repair or enclosure of the building in the manner
prescribed in subsection (a) of this Section. If the municipality
fails to institute an action in circuit court within 90 days after
the filing of the request, the owner or tenant of real property
within 1200 feet in any direction of the building may institute an
action in circuit court seeking an order compelling the owner or
owners of record to demolish, remove garbage, debris, and other
noxious or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other noxious
or unhealthy substances and materials removed from, repaired, or
enclosed the building in question. A private owner or tenant who
institutes an action under the preceding sentence shall not be
required to pay any fee to the clerk of the circuit court. The cost
of repair, removal, demolition, or enclosure shall be borne by the
owner or owners of record of the building. In the event the owner or
owners of record fail to demolish, remove garbage, debris, and other
noxious or unhealthy substances and materials from, repair, or
enclose the building within 90 days of the date the court entered its
order, the owner or tenant who instituted the action may request that
the court join the municipality as a party to the action. The court
may order the municipality to demolish, remove materials from,
repair, or enclose the building, or cause that action to be taken
upon the request of any owner or tenant who instituted the action or
HOUSE OF REPRESENTATIVES 2257
upon the municipality's request. The municipality may file, and the
court may approve, a plan for rehabilitating the building in
question. A court order authorizing the municipality to demolish,
remove materials from, repair, or enclose a building, or cause that
action to be taken, shall not preclude the court from adjudging the
owner or owners of record of the building in contempt of court due to
the failure to comply with the order to demolish, remove garbage,
debris, and other noxious or unhealthy substances and materials from,
repair, or enclose the building.
If a municipality or a person or persons other than the owner or
owners of record pay the cost of demolition, removal of garbage,
debris, and other noxious or unhealthy substances and materials,
repair, or enclosure pursuant to a court order, the cost, including
court costs, attorney's fees, and other costs related to the
enforcement of this subsection, is recoverable from the owner or
owners of the real estate and is a lien on the real estate; the lien
is superior to all prior existing liens and encumbrances, except
taxes, if, within 180 days after the repair, removal, demolition, or
enclosure, the municipality or the person or persons who paid the
costs of demolition, removal, repair, or enclosure shall file a
notice of lien of the cost and expense incurred in the office of the
recorder in the county in which the real estate is located or in the
office of the registrar of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice
shall be in a form as is provided in subsection (a). An owner or
tenant who institutes an action in circuit court seeking an order to
compel the owner or owners of record to demolish, remove materials
from, repair, or enclose any dangerous or unsafe building, or to
cause that action to be taken under this subsection may recover court
costs and reasonable attorney's fees for instituting the action from
the owner or owners of record of the building. Upon payment of the
costs and expenses by the owner of or a person interested in the
property after the notice of lien has been filed, the lien shall be
released by the municipality or the person in whose name the lien has
been filed or his or her assignee, and the release may be filed of
record as in the case of filing a notice of lien. Unless the lien is
enforced under subsection (c), the lien may be enforced by
foreclosure proceedings as in the case of mortgage foreclosures under
Article XV of the Code of Civil Procedure or mechanics' lien
foreclosures. An action to foreclose this lien may be commenced at
any time after the date of filing of the notice of lien. The costs
of foreclosure incurred by the municipality, including court costs,
reasonable attorneys' fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable
by the municipality from the owner or owners of the real estate.
All liens arising under the terms of this subsection (b) shall be
assignable. The assignee of the lien shall have the same power to
enforce the lien as the assigning party, except that the lien may not
be enforced under subsection (c).
(c) In any case where a municipality has obtained a lien under
subsection (a), (b), or (f), the municipality may enforce the lien
under this subsection (c) in the same proceeding in which the lien is
authorized.
A municipality desiring to enforce a lien under this subsection
(c) shall petition the court to retain jurisdiction for foreclosure
proceedings under this subsection. Notice of the petition shall be
served, by certified or registered mail, on all persons who were
served notice under subsection (a), (b), or (f). The court shall
conduct a hearing on the petition not less than 15 days after the
notice is served. If the court determines that the requirements of
2258 JOURNAL OF THE [March 24, 1999]
this subsection (c) have been satisfied, it shall grant the petition
and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to the
enforcement of this subsection, plus statutory interest, are a lien
on the real estate and are recoverable by the municipality from the
owner or owners of the real estate. If the court denies the
petition, the municipality may enforce the lien in a separate action
as provided in subsection (a), (b), or (f).
All persons designated in Section 15-1501 of the Code of Civil
Procedure as necessary parties in a mortgage foreclosure action shall
be joined as parties before issuance of an order of foreclosure.
Persons designated in Section 15-1501 of the Code of Civil Procedure
as permissible parties may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure
applicable to mortgage foreclosures shall apply to the foreclosure of
a lien under this subsection (c), except to the extent that those
provisions are inconsistent with this subsection. For purposes of
foreclosures of liens under this subsection, however, the redemption
period described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of the
order of foreclosure.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the circuit
court to have property declared abandoned under this subsection (d)
if:
(1) the property has been tax delinquent for 2 or more
years or bills for water service for the property have been
outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any Illinois land
trust having title to the property, shall be named as defendants in
the petition and shall be served with process. In addition, service
shall be had under Section 2-206 of the Code of Civil Procedure as in
other cases affecting property.
The municipality, however, may proceed under this subsection in a
proceeding brought under subsection (a) or (b). Notice of the
petition shall be served by certified or registered mail on all
persons who were served notice under subsection (a) or (b).
If the municipality proves that the conditions described in this
subsection exist and the owner of record of the property does not
enter an appearance in the action, or, if title to the property is
held by an Illinois land trust, if neither the owner of record nor
the owner of the beneficial interest of the trust enters an
appearance, the court shall declare the property abandoned.
If that determination is made, notice shall be sent by certified
or registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, stating that title
to the property will be transferred to the municipality unless,
within 30 days of the notice, the owner of record enters an
appearance in the action, or unless any other person having an
interest in the property files with the court a request to demolish
the dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action within
the 30 day period, the court shall vacate its order declaring the
HOUSE OF REPRESENTATIVES 2259
property abandoned. In that case, the municipality may amend its
complaint in order to initiate proceedings under subsection (a).
If a request to demolish or repair the building is filed within
the 30 day period, the court shall grant permission to the requesting
party to demolish the building within 30 days or to restore the
building to safe condition within 60 days after the request is
granted. An extension of that period for up to 60 additional days
may be given for good cause. If more than one person with an
interest in the property files a timely request, preference shall be
given to the person with the lien or other interest of the highest
priority.
If the requesting party proves to the court that the building has
been demolished or put in a safe condition within the period of time
granted by the court, the court shall issue a quitclaim judicial deed
for the property to the requesting party, conveying only the interest
of the owner of record, upon proof of payment to the municipality of
all costs incurred by the municipality in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with building
enclosure or removal, and receiver's certificates. The interest in
the property so conveyed shall be subject to all liens and
encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the
property under the Property Tax Code, the conveyance shall be subject
to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely
request or if the requesting party fails to demolish the building or
put the building in safe condition within the time specified by the
court, the municipality may petition the court to issue a judicial
deed for the property to the municipality. A conveyance by judicial
deed shall operate to extinguish all existing ownership interests in,
liens on, and other interest in the property, including tax liens.
(e) Each municipality may use the provisions of this subsection
to expedite the removal of certain buildings that are a continuing
hazard to the community in which they are located.
If a residential or commercial building is 3 stories or less in
height as defined by the municipality's building code, and the
corporate official designated to be in charge of enforcing the
municipality's building code determines that the building is open and
vacant and an immediate and continuing hazard to the community in
which the building is located, then the official shall be authorized
to post a notice not less than 2 feet by 2 feet in size on the front
of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished,
repaired, or enclosed, and unless any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials are removed
so that an immediate and continuing hazard to the community no longer
exists, then the building may be demolished, repaired, or enclosed,
or any garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials may be removed, by the municipality.
Not later than 30 days following the posting of the notice, the
municipality shall do both of the following:
(1) Cause to be sent, by certified mail, return receipt
requested, a notice to all owners of record of the property, the
beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating
the intent of the municipality to demolish, repair, or enclose
the building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials if that action is
not taken by the owner or owners.
2260 JOURNAL OF THE [March 24, 1999]
(2) Cause to be published, in a newspaper published or
circulated in the municipality where the building is located, a
notice setting forth (i) the permanent tax index number and the
address of the building, (ii) a statement that the property is
open and vacant and constitutes an immediate and continuing
hazard to the community, and (iii) a statement that the
municipality intends to demolish, repair, or enclose the building
or remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners or
lienholders of record fail to do so. This notice shall be
published for 3 consecutive days.
A person objecting to the proposed actions of the corporate
authorities may file his or her objection in an appropriate form in a
court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed, or the
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials are not removed, within 30 days of mailing the notice to
the owners of record, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders of record in
the property, or within 30 days of the last day of publication of the
notice, whichever is later, the corporate authorities shall have the
power to demolish, repair, or enclose the building or to remove any
garbage, debris, or other hazardous, noxious, or unhealthy substances
or materials.
The municipality may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials under this subsection within a
120-day period following the date of the mailing of the notice if the
appropriate official determines that the demolition, repair,
enclosure, or removal of any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials is necessary to remedy
the immediate and continuing hazard. If, however, before the
municipality proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this subsection
before a court and has served a copy of the complaint on the chief
executive officer of the municipality, then the municipality shall
not proceed with the demolition, repair, enclosure, or removal of
garbage, debris, or other substances until the court determines that
that action is necessary to remedy the hazard and issues an order
authorizing the municipality to do so.
Following the demolition, repair, or enclosure of a building, or
the removal of garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials under this subsection, the
municipality may file a notice of lien against the real estate for
the cost of the demolition, repair, enclosure, or removal within 180
days after the repair, demolition, enclosure, or removal occurred,
for the cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the office of
the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice of
lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other
description of the property, sufficient for its identification; (ii)
the expenses incurred by the municipality in undertaking the remedial
actions authorized under this subsection; (iii) the date or dates the
expenses were incurred by the municipality; (iv) a statement by the
corporate official responsible for enforcing the building code that
the building was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the corporate
official that the required sign was posted on the building, that
notice was sent by certified mail to the owners of record, and that
HOUSE OF REPRESENTATIVES 2261
notice was published in accordance with this subsection; and (vi) a
statement as to when and where the notice was published. The lien
authorized by this subsection may thereafter be released or enforced
by the municipality as provided in subsection (a).
(f) The corporate authorities of each municipality may remove or
cause the removal of, or otherwise environmentally remediate
hazardous substances on, in, or under any abandoned and unsafe
property within the territory of a municipality. In addition, where
preliminary evidence indicates the presence or likely presence of a
hazardous substance or a release or a substantial threat of a release
of a hazardous substance on, in, or under the property, the corporate
authorities of the municipality may inspect the property and test for
the presence or release of hazardous substances. In any county
having adopted by referendum or otherwise a county health department
as provided by Division 5-25 of the Counties Code or its predecessor,
the county board of that county may exercise the above-described
powers with regard to property within the territory of any city,
village, or incorporated town having less than 50,000 population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real property,
whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or more
years;
(B) the property is unoccupied by persons legally in
possession; and
(3) "unsafe" means property that presents an actual or
imminent threat to public health and safety caused by the release
of hazardous substances; and
(4) "hazardous substances" means the same as in Section
3.14 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit court of the
county in which the property is located (i) for an order allowing the
municipality to enter the property and inspect and test substances
on, in, or under the property; or (ii) for an order authorizing the
corporate authorities to take action with respect to remediation of
the property if conditions on the property, based on the inspection
and testing authorized in paragraph (i), indicate the presence of
hazardous substances. Remediation shall be deemed complete for
purposes of paragraph (ii) above when the property satisfies Tier I,
II, or III remediation objectives for the property's most recent
usage, as established by the Environmental Protection Act, and the
rules and regulations promulgated thereunder. Where, upon diligent
search, the identity or whereabouts of the owner or owners of the
property, including the lien holders of record, is not ascertainable,
notice mailed to the person or persons in whose name the real estate
was last assessed is sufficient notice under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence indicating
the presence or likely presence of a hazardous substance or a release
of or a substantial threat of a release of a hazardous substance on,
in, or under abandoned property. The preliminary evidence may
include, but is not limited to, evidence of prior use, visual site
inspection, or records of prior environmental investigations. The
testing authorized by paragraph (i) above shall include any type of
investigation which is necessary for an environmental professional to
determine the environmental condition of the property, including but
not limited to performance of soil borings and groundwater
monitoring. The court shall grant a remediation order under
paragraph (ii) above where testing of the property indicates that it
fails to meet the applicable remediation objectives. The hearing
2262 JOURNAL OF THE [March 24, 1999]
upon the application to the circuit court shall be expedited by the
court and shall be given precedence over all other suits.
The cost of the inspection, testing, or remediation incurred by
the municipality or by a lien holder of record, including court
costs, attorney's fees, and other costs related to the enforcement of
this Section, is a lien on the real estate; except that in any
instances where a municipality incurs costs of inspection and testing
but finds no hazardous substances on the property that present an
actual or imminent threat to public health and safety, such costs are
not recoverable from the owners nor are such costs a lien on the real
estate. The lien is superior to all prior existing liens and
encumbrances, except taxes and any lien obtained under subsection (a)
or (e), if, within 180 days after the completion of the inspection,
testing, or remediation, the municipality or the lien holder of
record who incurred the cost and expense shall file a notice of lien
for the cost and expense incurred in the office of the recorder in
the county in which the real estate is located or in the office of
the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out (i) a
description of the real estate sufficient for its identification,
(ii) the amount of money representing the cost and expense incurred,
and (iii) the date or dates when the cost and expense was incurred by
the municipality or the lien holder of record. Upon payment of the
lien amount by the owner of or persons interested in the property
after the notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may be filed
of record as in the case of filing notice of lien.
The lien may be enforced under subsection (c) or by foreclosure
proceedings as in the case of mortgage foreclosures under Article XV
of the Code of Civil Procedure or mechanics' lien foreclosures;
provided that where the lien is enforced by foreclosure under
subsection (c) or under either statute, the municipality may not
proceed against the other assets of the owner or owners of the real
estate for any costs that otherwise would be recoverable under this
Section but that remain unsatisfied after foreclosure except where
such additional recovery is authorized by separate environmental
laws. An action to foreclose this lien may be commenced at any time
after the date of filing of the notice of lien. The costs of
foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and
other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate.
All liens arising under this subsection (f) shall be assignable.
The assignee of the lien shall have the same power to enforce the
lien as the assigning party, except that the lien may not be enforced
under subsection (c).
(g) In any case where a municipality has obtained a lien under
subsection (a), the municipality may also bring an action for a money
judgment against the owner or owners of the real estate in the amount
of the lien in the same manner as provided for bringing causes of
action in Article II of the Code of Civil Procedure and, upon
obtaining a judgment, file a judgment lien against all of the real
estate of the owner or owners and enforce that lien as provided for
in Article XII of the Code of Civil Procedure.
(Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 90-393, eff.
1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
HOUSE OF REPRESENTATIVES 2263
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1219. Having been recalled on March 22, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Slone offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 1219
AMENDMENT NO. 3. Amend House Bill 1219, AS AMENDED, in Section
10, Sec. 6-32, subsection (a), in the first sentence, by replacing
"Warning: Drinking alcoholic beverages during pregnancy can cause
birth defects." with "GOVERNMENT WARNING: ACCORDING TO THE SURGEON
GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY
BECAUSE OF THE RISK OF BIRTH DEFECTS."; and
in Section 10, Sec. 6-32, by replacing subsection (b) with the
following:
"(b) The Commission shall make such warning signs available to
retailers of alcoholic beverages."; and
in Section 10, Sec. 6-32, by replacing all of subsection (c) with the
following:
"(c) In the event there is no warning sign posted on the
retailer's premises as required under this Section, it shall be the
responsibility of the Illinois Liquor Control Commission to furnish
the retailer with a warning sign. The retailer shall have 30 days
from receipt of the warning sign to post it on the licensed premises.
Thereafter, a retailer who violates this Section is subject to a
written warning for the first violation. For a second or subsequent
violation, the retailer shall pay a fine of at least $20 but not more
than $100 for each such violation. For the third and subsequent
violations, each day the activity continues shall be a separate
violation.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was ordered engrossed; and the bill, as amended, was again held on
the order of Second Reading.
HOUSE BILL 1697. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Parke offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1697
AMENDMENT NO. 1. Amend House Bill 1697 on page 2, line 32, by
replacing "policy." with "policy. The term "nonpayment of premium"
does not include a check, credit card charge, or money order that an
applicant gives or has given to any person for the initial premium
payment for a policy, renewal policy, binder, or application and that
is subsequently dishonored for payment, and any policy, renewal
policy, binder, or application in connection therewith is void and of
no effect and not subject to the cancellation provisions of this
Code.".
2264 JOURNAL OF THE [March 24, 1999]
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 528. Having been recalled on March 23, 1999, and held
on the order of Second Reading, the same was again taken up.
Representative Fritchey offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 528
AMENDMENT NO. 2. Amend House Bill 528, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Section 6-106.1 as follows:
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the proper
application required by the Secretary of State from their prospective
or current employer and submit the completed application to the
prospective or current employer along with the necessary fingerprint
submission as required by the Department of State Police to conduct
fingerprint based criminal background checks on current and future
information available in the state system and current information
available through the Federal Bureau of Investigation's system.
Applicants who have completed the fingerprinting requirements shall
not be subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful completion of
the annual refresher course. Individuals who on the effective date
of this Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School Superintendent
are not subject to the fingerprinting provisions of this Section as
long as the permit remains valid and does not lapse. The applicant
shall be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Department of State Police and the Federal
Bureau of Investigation to process fingerprint based criminal
background investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State Police
Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under
this Section shall be deposited into the Road Fund for the purpose of
defraying the costs of the Secretary of State in administering this
Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's license
issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked or suspended, for 3 years immediately prior to the date
of application;
4. successfully pass a written test, administered by the
Secretary of State, on school bus operation, school bus safety,
and special traffic laws relating to school buses and submit to a
HOUSE OF REPRESENTATIVES 2265
review of the applicant's driving habits by the Secretary of
State at the time the written test is given;
5. demonstrate ability to exercise reasonable care in the
operation of school buses in accordance with rules promulgated by
the Secretary of State;
6. demonstrate physical fitness to operate school buses by
submitting the results of a medical examination, including tests
for drug use for each applicant not subject to such testing
pursuant to federal law, conducted by a licensed physician within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she has not
made a false statement or knowingly concealed a material fact in
any application for permit;
8. have completed an initial classroom course, including
first aid procedures, in school bus driver safety as promulgated
by the Secretary of State; and after satisfactory completion of
said initial course an annual refresher course, which shall
include in the first year, and at least once every 5 years
thereafter, a certification class in cardiopulmonary
resuscitation certified by the American Red Cross or other
organization approved by the Secretary of State; such courses and
the agency or organization conducting such courses shall be
approved by the Secretary of State; failure to complete the
annual refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious traffic
offenses, as defined by rule, within one year prior to the date
of application that may endanger the life or safety of any of the
driver's passengers within the duration of the permit period;
10. not have been convicted of reckless driving, driving
while intoxicated, or reckless homicide resulting from the
operation of a motor vehicle within 3 years of the date of
application;
11. not have been convicted of committing or attempting to
commit any one or more of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1, 11-16,
11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21,
11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2, 18-3, 18-4,
20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1, 31A-1.1, and 33A-2,
and in subsection (a) and subsection (b), clause (1), of Section
12-4 of the Criminal Code of 1961; (ii) those offenses defined in
the Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a) of
Section 5 of the Cannabis Control Act; (iii) those offenses
defined in the Illinois Controlled Substances Act; (iv) any
offense committed or attempted in any other state or against the
laws of the United States, which if committed or attempted in
this State would be punishable as one or more of the foregoing
offenses; (v) the offenses defined in Section 4.1 and 5.1 of the
Wrongs to Children Act and (vi) those offenses defined in Section
6-16 of the Liquor Control Act of 1934;
12. not have been repeatedly involved as a driver in motor
vehicle collisions or been repeatedly convicted of offenses
against laws and ordinances regulating the movement of traffic,
to a degree which indicates lack of ability to exercise ordinary
and reasonable care in the safe operation of a motor vehicle or
disrespect for the traffic laws and the safety of other persons
upon the highway;
2266 JOURNAL OF THE [March 24, 1999]
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any person;
and
14. not have, within the last 5 years, been adjudged to be
afflicted with or suffering from any mental disability or
disease.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It shall
be renewable upon compliance with subsection (a) of this Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, name, address, zip code, social security
number and date of birth, a brief description of the holder and a
space for signature. The Secretary of State may require a suitable
photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and medical
forms to be completed by the applicant, and submitting the
applicant's fingerprint cards to the Department of State Police that
are required for the criminal background investigations. The
employer shall certify in writing to the Secretary of State that all
pre-employment conditions have been successfully completed including
the successful completion of an Illinois specific criminal background
investigation through the Department of State Police and the
submission of necessary fingerprints to the Federal Bureau of
Investigation for criminal history information available through the
Federal Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Department of State Police. The Federal Bureau
of Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver permit
from provisional status upon the applicant's successful completion of
the Federal Bureau of Investigation's criminal background
investigation.
(f) A school bus driver permit holder shall notify the employer
and the Secretary of State if he or she is convicted in another state
of an offense that would make him or her ineligible for a permit
under subsection (a) of this Section. The written notification shall
be made within 5 days of the entry of the conviction. Failure of the
permit holder to provide the notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a second
or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus driver
permit of an applicant whose criminal background investigation
discloses that he or she is not in compliance with the provisions
of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus driver
permit when he or she receives notice that the permit holder
fails to comply with any provision of this Section or any rule
promulgated for the administration of this Section.
HOUSE OF REPRESENTATIVES 2267
(3) The Secretary of State shall cancel a school bus driver
permit if the permit holder's restricted commercial or commercial
driving privileges are withdrawn or otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who fails
to obtain a negative result on a drug test as required in item 6
of subsection (a) of this Section or under federal law.
(5) The Secretary of State shall forthwith suspend a school
bus driver permit for a period of 3 years upon receiving notice
that the holder has failed to obtain a negative result on a drug
test as required in item 6 of subsection (a) of this Section or
under federal law.
The Secretary of State shall notify the State Superintendent of
Education and the permit holder's prospective or current employer
that the applicant has (1) has failed a criminal background
investigation or (2) is no longer eligible for a school bus driver
permit; and of the related cancellation of the applicant's
provisional school bus driver permit. The cancellation shall remain
in effect pending the outcome of a hearing pursuant to Section 2-118
of this Code. The scope of the hearing shall be limited to the
issuance criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the Secretary of
State and shall contain the reason the individual feels he or she is
entitled to a school bus driver permit. The permit holder's employer
shall notify in writing to the Secretary of State that the employer
has certified the removal of the offending school bus driver from
service prior to the start of that school bus driver's next
workshift. An employing school board that fails to remove the
offending school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus
contractor who violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(Source: P.A. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95; 89-375, eff.
8-18-95; 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-626, eff.
8-9-96; 90-191, eff. 1-1-98.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 531. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative O'Brien offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 531
AMENDMENT NO. 1. Amend House Bill 531 by replacing the title
with the following:
"AN ACT concerning child support, amending a named Act."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by changing
Sections 7-701, 7-702, 7-702.1, and 7-703 and by adding Sections
2268 JOURNAL OF THE [March 24, 1999]
7-702.2, 7-705.1, and 7-706.1 as follows:
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds
that the timely receipt of adequate financial support has the effect
of reducing poverty and State expenditures for welfare dependency
among children, and that the timely payment of adequate child support
demonstrates financial responsibility. Further, the General Assembly
finds that the State has a compelling interest in ensuring that
drivers within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems a system to suspend driver's licenses
for failure to comply with court orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to pay
child support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report provided
for in subsection (a) of Section 7-703, that the person is 90 days or
more delinquent in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days obligation or
more, and has been found in contempt by the court for failure to pay
the support.
(b) The circuit court shall certify in an authenticated report
to the Secretary of State, as provided in subsection (b) of Section
7-703, when an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been found in
contempt of court. Upon receiving a certification from the circuit
court under this subsection (b), the Secretary of State shall suspend
the obligor's driver's license until such time as the obligor becomes
current in the support obligation.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving permits.
Following the entry of an order that an obligor has been found in
contempt by the court for failure to pay court ordered child support
payments or upon a motion by the obligor who has had his or her
driver's license suspended pursuant to subsection (b) of Section
7-702, the court may enter an order directing the Secretary of State
to issue a family financial responsibility driving permit for the
purpose of providing the obligor the privilege of operating a motor
vehicle between the obligor's residence and place of employment, or
within the scope of employment related duties; or for the purpose of
providing transportation for the obligor or a household member to
receive alcohol treatment, other drug treatment, or medical care.
The court may enter an order directing the issuance of a permit only
if the obligor has proven to the satisfaction of the court that no
alternative means of transportation are reasonably available for the
above stated purposes. No permit shall be issued to a person under
the age of 16 years who possesses an instruction permit.
Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted.
The family financial responsibility driving permit shall be
subject to cancellation, invalidation, suspension, and revocation by
the Secretary of State in the same manner and for the same reasons as
HOUSE OF REPRESENTATIVES 2269
a driver's license may be cancelled, invalidated, suspended, or
revoked.
The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be issued,
an individual's driving privileges must be valid except for the
family financial responsibility suspension. This permit shall be
valid only for employment and medical purposes as set forth above.
The permit shall state the days and hours for which limited driving
privileges have been granted.
Any submitted court order that contains insufficient data or
fails to comply with any provision of this Code shall not be used for
issuance of the permit or entered to the individual's driving record
but shall be returned to the court of jurisdiction indicating why the
permit cannot be issued at that time. The Secretary of State shall
also send notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due
support and is subject to having his or her license suspended
pursuant to subsection (b) of Section 7-702 may come into compliance
with the court order for support by executing a written payment
agreement that is approved by the court and by complying with that
agreement. A condition of a written payment agreement must be that
the obligor pay the current child support when due. Before a written
payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form
prescribed by the court, the obligor's financial circumstances,
including income from all sources, assets, liabilities, and work
history for the past year; and
(2) Provide documentation to the court concerning the
obligor's financial circumstances, including copies of the most
recent State and federal income tax returns, both personal and
business; a copy of a recent pay stub representative of a current
income; and copies of other records that show the obligor's
income and the present level of assets held by the obligor.
(b) After full disclosure, the court may determine the obligor's
ability to pay past-due support and may approve a written payment
agreement consistent with the obligor's ability to pay, not to exceed
the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
(a) The clerk of the circuit court, as provided in subsection
(b) of Section 7-702 of this Act and subsection (b) of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act or as provided
in Section 15 of the Illinois Parentage Act of 1984, shall forward to
the Secretary of State, on a form prescribed by the Secretary, an
authenticated document certifying the court's order suspending the
driving privileges of the obligor. For any such certification, the
clerk of the court shall charge the obligor a fee of $5 as provided
in the Clerks of Courts Act.
(b) If an obligor is 90 days or more delinquent in court ordered
child support payments or has been adjudicated in arrears in an
amount equal to 90 days obligation or more but has not been held in
contempt of court, the circuit court shall forward to the Secretary
of State an authenticated document certifying that an obligor is 90
days or more delinquent in court ordered child support payments or
has been adjudicated in arrears in an amount equal to 90 days
2270 JOURNAL OF THE [March 24, 1999]
obligation or more.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support order.
Before forwarding to the Secretary of State the authenticated report
under subsection (b) of Section 7-703, the circuit court must serve
notice upon the obligor of its intention to certify the obligor to
the Secretary of State as an individual who is not in compliance with
an order of support. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all past-due
support, the obligor may come into compliance with the support order
by executing a written payment agreement with the court, as provided
in Section 7-702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and must be
received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest the
issue of compliance, the obligor's driver's license shall be
suspended on the 45th day following the date of mailing of the notice
of noncompliance;
(e) If the circuit court certifies the obligor to the Secretary
of State for noncompliance with an order of support, the Secretary of
State must suspend any driver's license or instruction permit the
obligor holds and the obligor's right to apply for or obtain a
driver's license or instruction permit until the obligor comes into
compliance with the order of support;
(f) If the obligor files a motion to modify support with the
court or requests the court to modify a support obligation, the
circuit court shall stay action to certify the obligor to the
Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support by doing all
of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to pay all
past-due support and a periodic payment for past due support has
not been ordered by the court, by making periodic payments in
accordance with a written payment agreement approved by the
court; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the
clerk of the circuit court. The clerk of the circuit court shall
attach a copy of the obligor's order of support to the notice. The
notice must be served by certified mail, return receipt requested, by
service in hand, or as specified in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the
circuit court a hearing to contest the claim of noncompliance with an
order of support and his or her subsequent driver's license
suspension under subsection (b) of Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court, the clerk of the circuit court shall set the
hearing before the circuit court.
(c) Upon the obligor's written request, the court must set a
date for a hearing and afford the obligor an opportunity for a
hearing as early as practical.
(d) The scope of this hearing is limited to the following
issues:
(1) Whether the obligor is required to pay child support
under an order of support.
HOUSE OF REPRESENTATIVES 2271
(2) Whether the obligor is 90 days or more delinquent in
court ordered child support payments or has been adjudicated in
arrears in an amount equal to 90 days obligation or more.
(3) Any additional issues raised by the obligor, including
the reasonableness of a payment agreement in light of the
obligor's current financial circumstances, to be preserved for
appeal.
(e) All hearings and hearing procedures shall comply with
requirements of the Illinois Constitution and the United States
Constitution, so that no person is deprived of due process of law nor
denied equal protection of the laws. All hearings shall be held
before a judge of the circuit court in the county in which the
support order has been entered. Appropriate records of the hearings
shall be kept. Where a transcript of the hearing is taken, the
person requesting the hearing shall have the opportunity to order a
copy of the transcript at his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any driver's license shall be a final judgment for purposes of
appellate review.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 1811. Having been recalled on March 18, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Leitch offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 1811
AMENDMENT NO. 3. Amend House Bill 1811, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the School Code by changing Sections 13A-5 and
13A-6."; and
by replacing everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
13A-5 and 13A-6 as follows:
(105 ILCS 5/13A-5)
Sec. 13A-5. Alternative school program curriculum.
(a) The regional superintendent shall implement, or contract
with one or more school districts to implement, a multi-disciplinary
curriculum, which may include work-based learning and community
service work approved by the regional superintendent of schools in
consultation with the State Board of Education for which academic
credit is earned, for the alternative school program designed to
address the individualized needs of the students of that program,
with special emphasis toward making the educational experience of
each student meaningful and worthwhile. In the design and
implementation of that curriculum, the regional superintendent or
school district shall give due consideration to the rules and
regulations adopted by the State Board of Education for alternative
schools and optional education programs. The regional superintendent
or school district (i) may contract with third parties for any
services otherwise performed by employees and (ii) may apply for
waivers or modifications of mandates of this Code or of
administrative rules as provided in Section 2-3.25g of this Code and
2272 JOURNAL OF THE [March 24, 1999]
as are necessary for the alternative school program.
(b) An administratively transferred student who successfully
completes the requirements for his or her high school graduation
shall receive a diploma identifying the student as graduating from
the transferring high school. In the event the student is
administratively transferred before enrolling in a high school, then
that student shall receive a diploma from the high school the student
would have attended if the student had not attended an alternative
school program.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96; 90-283, eff.
7-31-97.)
(105 ILCS 5/13A-6)
Sec. 13A-6. Administration; contracts; waivers Staffing.
(a) The regional superintendent shall administer, or contract
with one or more school districts to administer, alternative school
programs located within the educational service region. The regional
superintendent or school district (i) may contract with third parties
for any services otherwise performed by employees and (ii) may apply
for waivers or modifications of mandates of this Code or of
administrative rules as provided in Section 2-3.25g of this Code and
as are necessary for the alternative school program.
(b) The regional superintendent is responsible for the
administrative and fiscal structure for the program.
(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 3
was ordered engrossed; and the bill, as amended, was again advanced
to the order of Third Reading.
HOUSE BILL 1846. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Winters offered and withdrew Amendment No. 1.
Representative Winters offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 1846
AMENDMENT NO. 2. Amend House Bill 1846 by replacing the title
with the following:
"AN ACT to amend the Illinois Public Aid Code by changing
Sections 4-1.12 and 12-4.11 and by adding Section 12-4.17a."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by changing
Sections 4-1.12 and 12-4.11 and by adding Section 12-4.17a as
follows:
(305 ILCS 5/4-1.12)
Sec. 4-1.12. Five year limitation.
(a) No assistance unit shall be eligible for a cash grant under
this Article if it includes an adult who has received cash assistance
as an adult for 60 months, whether or not consecutive, after the
effective date of this amendatory Act of 1997. The Illinois
Department may exempt individual assistance units from the 60-month
HOUSE OF REPRESENTATIVES 2273
limitation or determine circumstances under which a month or months
would not count towards the 60-month limitation even though the
assistance unit did receive cash assistance under this Article.
(b) In addition to months that the Illinois Department has
determined or shall determine by rule not to count toward the
60-month limitation, the Illinois Department shall not count months
in which the adult receiving assistance under this Article is the
primary caregiver for a disabled child when the demands of caregiving
are inconsistent with sustained employment.
(Source: P.A. 90-17, eff. 7-1-97.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts.
(a) The Department, with due regard for and subject to budgetary
limitations, shall establish grant amounts for each of the programs,
by regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
(b) Aid payments shall not be reduced except: (1) for changes in
the cost of items included in the grant amounts, or (2) for changes
in the expenses of the recipient, or (3) for changes in the income or
resources available to the recipient, or (4) for changes in grants
resulting from adoption of a consolidated grant amount.
(c) In fixing standards to govern payments or reimbursements for
funeral and burial expenses, the Department shall take into account
the services essential to a dignified, low-cost funeral and burial,
but no payment shall be authorized from public aid funds for the
funeral in excess of $650, exclusive of reasonable amounts as may be
necessary for burial space and cemetery charges, and any applicable
taxes or other required governmental fees or charges. The Department
shall authorize no payment in excess of $325 for a cemetery burial.
(d) Nothing contained in this Section or in any other Section of
this Code shall be construed to prohibit the Illinois Department (1)
from consolidating existing standards on the basis of any standards
which are or were in effect on, or subsequent to July 1, 1969, or (2)
from employing any consolidated standards in determining need for
public aid and the amount of money payment or grant for individual
recipients or recipient families.
(e) When a recipient reports that he or she has obtained
employment, the Department, subject to the following limitations, may
project the recipient's likely earnings and eligibility for
assistance and grant level under Article IV:
(1) If, based on the recipient's report of his or her
projected hours and wage, the Department projects that the
recipient will no longer be eligible for assistance under Article
IV, it may terminate or cancel the case. However, if, within 30
days after termination or cancellation, the recipient presents
evidence that the actual earnings from the recipient's work, or
future earnings projected based on the rate of pay and number of
hours or days of work demonstrated by the first payment from
work, do not warrant termination or cancellation, the recipient's
cash assistance shall be restored at the appropriate level for
his or her actual and future projected earnings.
(2) When the recipient first reports his or her employment,
the Department shall notify him or her in writing of this policy
and shall give him or her instructions about how to provide a
copy of his or her first paycheck stub or other proof of his or
her earnings to the Department. The Department shall instruct its
workers to obtain income reports from newly-employed recipients
that are as accurate and realistic as possible.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; 90-326, eff.
8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
(305 ILCS 5/12-4.17a new)
2274 JOURNAL OF THE [March 24, 1999]
Sec. 12-4.17a. Customer service enhancement.
(a) The Department shall provide in the waiting area of each
local office written information regarding applicants' and
recipients' rights to appeal action or inaction and to file a
grievance, as well as sufficient quantities of appeal and grievance
forms.
(b) The Department shall establish 2-year pilot projects in at
least 2 local offices, at least one of which shall be in a city of
over 500,000, under which the local offices will be open at least one
weekday evening and Saturday each week to accommodate the schedules
of applicants and recipients who cannot visit the office during
normal office hours. The Department shall submit a report on the
pilot project to the Family Self Sufficiency Advisory Council created
by the Department after one year of operation of the pilot and a
final report upon completion of the pilot. The report shall describe
the pilot, the expenses and savings achieved, the usage of the
extended hours by recipients, and the personnel issues that arose.
(c) The Department shall charge the Family Self Sufficiency
Advisory Council created by the Department with monitoring customer
service and annually making customer service recommendations to the
Secretary, and support the Council in carrying out that charge. For
this purpose, the Council shall include caseworkers, or their
collective bargaining representatives, as ex-officio participants in
the review and monitoring of customer service and the formulation of
recommendations.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2112. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative Hannig offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 2112
AMENDMENT NO. 1. Amend House Bill 2112 as follows:
On page 1, line 2, by replacing "Section 17" with "Sections 17 and
23"; and
On page 1, line 6, by replacing "Section 17" with "Sections 17 and
23"; and
On page 2, below line 16, by inserting the following:
"(70 ILCS 405/23) (from Ch. 5, par. 128)
Sec. 23. Adoption of land-use regulations. The directors of any
district shall have authority to formulate regulations governing the
use of lands within the district in the interest of conserving soil,
soil resources, water and water resources and preventing and
controlling soil erosion and erosion, floodwater and sediment
damages. The directors shall conduct such public meetings and public
hearings upon tentative regulations as may be necessary to assist
them in this work. The directors shall not have authority to enact
such land-use regulations into law until after they shall have caused
due notice to be given of their intention to conduct a referendum for
HOUSE OF REPRESENTATIVES 2275
submission of such regulations to the land owners within the
boundaries of the district for their approval or disapproval of such
proposed regulations, shall have held such referendum, and shall have
considered the result of such referendum. The proposed regulations
shall be embodied in a proposed ordinance. Copies of such proposed
ordinance shall be filed with the Department for an expression of
opinion. The opinion of the Department and any statement it may
issue with reference thereto shall be made known to the owners in
such district at least 10 days prior to the date of any referendum
thereon. Copies of such proposed ordinance shall be available for
distribution among, and inspection by owners and occupiers of land in
the district during the period between publications of such notice
and the date of the referendum. The notices of the referendum shall
recite the contents of such proposed ordinance and shall state where
copies of such proposed ordinance may be examined or obtained. The
question shall be submitted by ballots, upon which the words "For
approval of proposed ordinance No....., prescribing land-use
regulations for conservation of soil and water and prevention of
erosion" and "Against approval of proposed ordinance No.....,
prescribing land-use regulations for conservation of soil and water
and prevention of erosion" shall appear, with a square before each
proposition and a direction to insert an X mark in the square before
one or the other of those propositions. A summary or digest of the
provisions of the proposed ordinance shall also appear on such
ballots. The directors shall supervise such referendum, shall
prescribe appropriate regulations governing the conduct thereof, and
shall publish the result thereof. All the owners of land within the
district shall be eligible to vote in such referendum and each shall
have one vote. Such vote may be cast in person or by absentee
ballot. No informalities in the conduct of such referendum or in any
matters relating thereto shall invalidate such referendum or the
result thereof if notice thereof shall have been given substantially
as herein provided and such referendum shall have been fairly
conducted.
The directors shall not have authority to enact such proposed
ordinance into law unless at least three-fourths of the owners of
land voting in such referendum shall vote in such referendum for
approval of the proposed ordinance. The approval of the proposed
ordinance by three-fourths of the land owners voting on the
proposition shall not be deemed to require the directors to enact
such proposed ordinance into law. Land-use regulations prescribed in
ordinances adopted pursuant to this Section by the directors of any
district shall have the force and effect of law in the district and
shall be binding and obligatory upon all owners of lands within such
district.
Any owner of land within such district may at any time file a
petition with the directors asking that any or all of the land-use
regulations prescribed in any ordinance adopted by the directors
under this Section shall be amended, supplemented, or repealed.
Land-use regulations prescribed in any ordinance adopted pursuant to
this Section shall not be amended, supplemented, or repealed except
in accordance with the procedure prescribed in this Section for
adoption of land-use regulations. Referenda on adoption, amendment,
supplementation, or repeal of land-use regulations shall not be held
more often than once in 6 months.
The regulations to be adopted by the directors under this Section
may include:
1. Provisions requiring the carrying out of necessary
engineering operations, including the construction of terraces,
terrace outlets, check dams, dikes, ponds, ditches, and other
necessary structures.
2276 JOURNAL OF THE [March 24, 1999]
2. Provisions requiring observation of particular methods
of cultivation including contour cultivating, contour furrowing,
strip cropping, seeding and planting of lands to water-conserving
and erosion-preventing plants, trees, grasses, forestation and
reforestation.
3. Provisions requiring the permanent retirement from
cultivation of highly erosive areas or of areas on which erosion
cannot be adequately controlled if cultivation is carried on.
4. Provisions for such other means, measures, operations
and programs as may assist conservation of soil and water
resources and prevent or control soil erosion in the district.
5. Provisions prohibiting the clearcutting of trees within
30 feet of any navigable waters, except for trees that are
included in a forestry management plan approved by the Division
of Forest Resources of the Department of Natural Resources.
However, these provisions shall not prohibit clearcutting
incidental to any project, activity or program that has been
permitted, licensed, certified or approved by an agency of
federal, State or local government. For the purpose of this item
5, "navigable waters" means public waters that are usable for
water commerce.
However, these provisions shall not prohibit a public utility
from maintaining its transmission facilities and rights of way.
The regulations shall be uniform throughout the territory
comprised within the district except that the directors may classify
the lands within the district with reference to such factors as soil
type, degree of slope, degree of erosion threatened or existing,
cropping and tillage practices in use, and other relevant factors,
and may provide regulations varying with the type or class of land
affected, but uniform as to all lands within each class or type.
Copies of land-use regulations adopted under this Section shall be
printed and made available to all owners and occupiers of lands lying
within the district.
No authority exercised by or procedure authorized by a district
pursuant to this Section 23 imposes any restriction or mandate on
land use practices and other policies of municipalities with respect
to land located in that municipality, unless the corporate
authorities of that municipality authorize by resolution the
application of that district's land use regulations within the
municipality's corporate limits.
(Source: P.A. 89-445, eff. 2-7-96.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2314. Having been recalled on March 17, 1999, and
held on the order of Second Reading, the same was again taken up.
Representative Younge offered and withdrew Amendment No. 1.
Representative Younge offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO HOUSE BILL 2314
AMENDMENT NO. 2. Amend House Bill 2314 on page 1, by replacing
HOUSE OF REPRESENTATIVES 2277
lines 1 and 2 with the following:
"AN ACT to create the East St. Louis Area Development Act of
1999."; and
by deleting lines 21 through 30 on page 23, all of pages 24 through
42, and lines 1 through 29 on page 43.
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was ordered engrossed; and the bill, as amended, was again held on
the order of Second Reading.
HOUSE BILL 1244. Having been read by title a second time on
March 16, 1999, and held on the order of Second Reading, the same was
again taken up.
Representative John Turner offered the following amendment and
moved its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 1244
AMENDMENT NO. 1. Amend House Bill 1244 by replacing the title
with the following:
"AN ACT to amend the Code of Civil Procedure by changing Sections
8-2001 and 8-2003, changing the heading of Part 20 of Article VIII,
and adding Section 8-2005."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by changing
Sections 8-2001 and 8-2003, changing the heading of Part 20 of
Article VIII, and adding Section 8-2005 as follows:
(735 ILCS 5/Art. 8, Part 20 heading)
Part 20. Inspection of Hospital Records
(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has
been held unconstitutional)
Sec. 8-2001. Examination of records. Every private and public
hospital shall, upon the request of any patient who has been treated
in such hospital and after his or her discharge therefrom, permit the
patient, his or her physician or authorized attorney to examine the
hospital records, including but not limited to the history, bedside
notes, charts, pictures and plates, kept in connection with the
treatment of such patient, and permit copies of such records to be
made by him or her or his or her physician or authorized attorney. A
request for examination of the records shall be in writing and shall
be delivered to the administrator of such hospital. The hospital
shall be reimbursed by the person requesting such records at the time
of such copying for all reasonable expenses, including the costs of
independent copy service companies, incurred by the hospital in
connection with such copying not to exceed a $20 handling charge for
processing the request for copies and 25 cents per page and 50 cents
per copy of microfiche or microfilm. The handling charge shall
include the first 10 pages or copies. The hospital may, however,
charge for the reasonable cost of all duplication of record material
or information that cannot routinely be copied or duplicated on a
standard photocopy machine such as x-ray films or pictures.
The requirements of this Section shall be satisfied within 60
days of the receipt of a request by a patient, for his or her
physician, authorized attorney, or own person.
Failure to comply with the time limit requirement of this Section
shall subject the denying party to expenses and reasonable attorneys'
2278 JOURNAL OF THE [March 24, 1999]
fees incurred in connection with any court ordered enforcement of the
provisions of this Section.
(Source: P.A. 84-7.)
(735 ILCS 5/8-2003) (from Ch. 110, par. 8-2003)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has
been held unconstitutional)
Sec. 8-2003. Physician's Records. Every physician shall, upon the
request of any patient who has been treated by such physician, permit
such patient's physician or authorized attorney to examine and copy
the patient's records, including but not limited to those relating to
the diagnosis, treatment, prognosis, history, charts, pictures and
plates, kept in connection with the treatment of such patient. Such
request for examining and copying of the records shall be in writing
and shall be delivered to such physician. Such written request shall
be complied with by the physician within a reasonable time after
receipt by him or her at his or her office or any other place
designated by him or her. The physician shall be reimbursed by the
person requesting such records at the time of such examination or
copying, for all reasonable expenses, including the costs of
independent copy service companies, incurred by the physician in
connection with such examination or copying not to exceed a $20
handling charge for processing the request for copies and 25 cents
per page and 50 cents per copy of microfiche or microfilm. The
handling charge shall include the first 10 pages or copies. The
physician may, however, charge for the reasonable cost of all
duplication of record material or information that cannot routinely
be copied or duplicated on a standard photocopy machine such as x-ray
films or pictures.
The requirements of this Section shall be satisfied within 60
days of the receipt of a request by a patient, his or her physician
or authorized attorney.
Failure to comply with the time limit requirement of this Section
shall subject the denying party to expenses and reasonable attorneys'
fees incurred in connection with any court ordered enforcement of the
provisions of this Section.
(Source: P.A. 84-7.)
(735 ILCS 5/8-2005 new)
Sec. 8-2005. Attorney's records. Upon the request of a client,
an attorney shall make his or her records kept in connection with the
attorney's services to the client available to the client's
authorized attorney for examination and copying. The request for
examination and copying of the records shall be in writing and shall
be delivered to the attorney. Within a reasonable time after he or
she receives the written request, the attorney shall comply with the
written request at his or her office or any other place designated by
him or her. The attorney shall be reimbursed by the person
requesting the records, at the time of copying, for all reasonable
expenses, including the costs of independent copy service companies,
incurred by the attorney in connection with the copying not to exceed
a $20 handling charge for processing the request for copies and 25
cents per page and 50 cents per copy of microfiche or microfilm. The
handling charge shall include the first 10 pages or copies. The
attorney may, however, charge for the reasonable cost of all
duplication of record material or information that cannot routinely
be copied or duplicated on a standard photocopy machine.
The requirements of this Section shall be satisfied within 60
days of the receipt of a request from a client or a client's
authorized attorney.
Failure to comply with the time limit requirement of this Section
shall subject the denying party to expenses and reasonable attorney's
fees incurred in connection with any court ordered enforcement of the
HOUSE OF REPRESENTATIVES 2279
provisions of this Section.".
The motion prevailed and the amendment was adopted and ordered
printed.
Representative John Turner moved that the Fiscal Note Act does
not apply.
And on that motion, a vote was taken resulting as follows:
102, Yeas; 6, Nays; 0, Answering Present.
(ROLL CALL 18)
The motion prevailed.
Representative Lang moved that the State Mandate Note Act does
not apply.
And on that motion, a vote was taken resulting as follows:
86, Yeas; 22, Nays; 0, Answering Present.
(ROLL CALL 19)
The motion prevailed.
There being no further amendments, the foregoing Amendment No. 1
was ordered engrossed; and the bill, as amended, was advanced to the
order of Third Reading.
HOUSE BILL 2081. Having been printed, was taken up and read by
title a second time.
The following amendment was offered in the Committee on
Constitutional Officers, adopted and printed:
AMENDMENT NO. 1 TO HOUSE BILL 2081
AMENDMENT NO. 1. Amend House Bill 2081 by replacing the title
with the following:
"AN ACT to amend the Cemetery Care Act by changing Section 9.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Cemetery Care Act is amended by changing Section
9 as follows:
(760 ILCS 100/9) (from Ch. 21, par. 64.9)
Sec. 9. Application for license.
(a) Whenever a cemetery authority owning, operating, controlling
or managing a privately operated cemetery is newly organized and such
cemetery authority desires to be licensed to accept the care funds
authorized by Section 3 of this Act, or whenever there is a sale or
transfer of the controlling interest of a licensed cemetery
authority, it shall make application for such license.
In the case of a sale or transfer of the controlling interest of
the cemetery authority, the prior license shall remain in effect
until the Comptroller issues a new license to the newly-controlled
cemetery authority as provided in Section 15b. Upon issuance of the
new license, the prior license shall be deemed surrendered if the
licensee has agreed to the sale and transfer and has consented to the
surrender of the license. A sale or transfer of the controlling
interest of a cemetery authority to an immediate family member is not
considered a transfer of the controlling interest for purposes of
this Section.
(b) Applications for license shall be filed with the
Comptroller. Applications shall be in writing under oath, signed by
the applicant, and in the form furnished by the Comptroller. A check
2280 JOURNAL OF THE [March 24, 1999]
or money order in the amount of $25, payable to: Comptroller, State
of Illinois, shall be included. Each application shall contain the
following:
(1) the full name and address (both of residence and of
place of business) of the applicant, if an individual; of every
member, if the applicant is a partnership or association; of
every officer, if the applicant is a corporation, and of any
party owning 10% or more of the cemetery authority;
(2) a detailed statement of the applicant's assets and
liabilities;
(3) as to the name of each individual person listed under
(1) above, a detailed statement of each person's business
experience for the 10 years immediately preceding the
application; the present and previous connection, if any, of
each person with any other cemetery or cemetery authority;
whether each person has ever been convicted of a felony or any
misdemeanor of which an essential element is fraud or has been
involved in any civil litigation in which a judgment has been
entered against him or her based on fraud; whether each person is
currently a defendant in any lawsuit in which the complaint
against the person is based upon fraud; whether such person has
failed to satisfy any enforceable judgment entered by a court of
competent jurisdiction in any civil proceedings against such
individual; and
(4) the total amount in trust and now available from sales
of lots, graves, crypts or niches where part of the sale price
has been placed in trust; the amount of money placed in the care
funds of each applicant; the amount set aside in care funds from
the sale of lots, graves, crypts and niches for the general care
of the cemetery and the amount available for that purpose; the
amount received in trust by special agreement for special care
and the amount available for that purpose; the amount of
principal applicable to trust funds received by the applicant.
Such information shall be furnished whether the care funds are
held by the applicant as trustee or by an independent trustee. If
the funds are not held by the applicant, the name of the independent
trustee holding them is also to be furnished by the applicant.
(c) Applications for license shall also be accompanied by a
fidelity bond issued by a bonding company or insurance company
authorized to do business in this State or by an irrevocable,
unconditional letter of credit issued by a bank or trust company
authorized to do business in the State of Illinois, as approved by
the State Comptroller, where such care funds exceed the sum of
$15,000. Such bond or letter of credit shall run to the Comptroller
and his or her successor for the benefit of the care funds held by
such cemetery authority or by the trustee of the care funds of such
cemetery authority. Such bonds or letters of credit shall be in an
amount equal to 1/10 of such care funds. However, such bond or
letter of credit shall not be in an amount less than $1,000; the
first $15,000 of such care funds shall not be considered in computing
the amount of such bond or letter of credit. No application shall be
accepted by the Comptroller unless accompanied by such bond or letter
of credit.
Applications for license by newly organized cemetery authorities
after January 1, 1960 shall also be accompanied by evidence of a
minimum care fund deposit in an amount to be determined as follows:
if the number of inhabitants, either in the county in which the
cemetery is to be located or in the area included within a 10 mile
radius from the cemetery if the number of inhabitants therein is
greater, is 25,000 or less the deposit shall be $7,500; if the number
of inhabitants is 25,001 to 50,000, the deposit shall be $10,000; if
HOUSE OF REPRESENTATIVES 2281
the number of inhabitants is 50,001 to 125,000, the deposit shall be
$15,000; if the number of inhabitants is over 125,000, the deposit
shall be $25,000.
After an amount equal to and in addition to the required minimum
care fund deposit has been deposited in trust, the cemetery authority
may withhold 50% of all future care funds until it has recovered the
amount of the minimum care fund deposit.
(d) The applicant shall have a permanent address and any license
issued pursuant to the application is valid only at the address or at
any new address approved by the Comptroller.
(e) All bonds and bonding deposits made by any cemetery
authority may be returned to the cemetery authority or cancelled as
to care funds invested with an investment company.
(f) Before issuing any license under this Act, the Comptroller
shall conduct an evaluation of the prospective licensee's prior
experience with operation of any other cemetery or cemetery
authority. The Comptroller may deny the license if the prospective
licensee or any employee or officer of the prospective licensee:
(1) has a history of repeated violations of any State or
federal statute or regulation, or any pertinent local ordinance
in relation to the operation of any cemetery or cemetery
authority or with respect to the management or administration of
the trust funds of any cemetery or cemetery authority;
(2) has been convicted in this or any other state of any
crime which is a felony under the laws of this State, or
convicted of a felony in a federal court; or
(3) has a history of gross carelessness or incompetence in
the management or operation of any cemetery or cemetery authority
or with respect to the administration or management of the trust
funds of any cemetery or cemetery authority.
(Source: P.A. 89-615, eff. 8-9-96; 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
Floor Amendment No. 2 remained in the Committee on Rules.
Representative Moffitt offered the following amendment and moved
its adoption:
AMENDMENT NO. 3 TO HOUSE BILL 2081
AMENDMENT NO. 3. Amend House Bill 2081, AS AMENDED, as follows:
by replacing the title with the following:
"AN ACT to amend the Cemetery Care Act by changing Section 12.";
and
by replacing everything after the enacting clause with the following:
"Section 5. The Cemetery Care Act is amended by changing Section
12 as follows:
(760 ILCS 100/12) (from Ch. 21, par. 64.12)
Sec. 12. Annual reports. Every licensee shall prepare a written
report as of the end of the preceding calendar year or fiscal year,
as the case may be, showing the following:
(a) The amount of the principal of the care funds held in trust
by the trustee of the care funds at the beginning of such year and in
addition thereto all moneys or property received during such year (1)
under and by virtue of the sale of a lot, grave, crypt or niche; (2)
under or by virtue of the terms of the contract authorized by the
provisions of Section 3 of this Act; (3) under or by virtue of any
gift, grant, legacy, payment or other contribution made either prior
to or subsequent to the effective date of this Act, and (4) under or
2282 JOURNAL OF THE [March 24, 1999]
by virtue of any contract or conveyance made either prior to or
subsequent to the effective date of this Act;
(b) The securities in which such care funds are invested and the
cash on hand as of the date of the report;
(c) The income received from such care funds during the
preceding calendar year, or fiscal year, as the case may be;
(d) The expenditures made from said income during the preceding
calendar year, or fiscal year, as the case may be; and
(e) The number of interments made during the preceding calendar
year, or fiscal year, as the case may be.
Where any of the care funds of a licensee are held by an
independent trustee, the report filed by the licensee shall contain a
certificate signed by the trustee of the care funds of such licensee
certifying to the truthfulness of the statements in the report as to
(1) the total amount of principal of the care funds held by the
trustee, (2) the securities in which such care funds are invested and
the cash on hand as of the date of the report and (3) the income
received from such care funds during the preceding calendar year, or
fiscal year, as the case may be.
Such report shall be filed by such licensee on or before March 15
of each calendar year, in the office of the Comptroller. If the
fiscal year of such licensee is other than on a calendar year basis,
then such licensee shall file the report required by this Section
within 2 1/2 months of the end of its fiscal year. The Comptroller
shall for good cause shown grant an extension for the filing of the
annual report upon the written request of the licensee. Such
extension shall not exceed 60 days. If a licensee fails to submit an
annual report to the Comptroller within the time specified in this
Section, the Comptroller shall impose upon the licensee a penalty of
$5 for each and every day the licensee remains delinquent in
submitting the annual report.
Such report shall be made under oath and shall be in the form
furnished by the Comptroller. Each report shall be accompanied by a
check or money order in the amount of $10, payable to: Comptroller,
State of Illinois.
If any annual report shows that the amount of the care funds held
in trust at the end of the preceding calendar year or fiscal year, as
the case may be, has increased in amount over that shown by the next
preceding report, then the fidelity bond theretofore filed shall be
increased to the amount required by Section 9 of this Act. Such
increased fidelity bond shall accompany the report and no report
shall be accepted by the Comptroller unless accompanied by such bond,
except where the filing of a bond is excused by Section 18 of this
Act.
(Source: P.A. 88-477; 89-615, eff. 8-9-96.)".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendments
numbered 1 and 3 were ordered engrossed; and the bill, as amended,
was held on the order of Second Reading.
HOUSE BILL 992. Having been read by title a second time on March
16, 1999, and held on the order of Second Reading, the same was again
taken up.
Representative Sharp offered the following amendment and moved
its adoption:
AMENDMENT NO. 1 TO HOUSE BILL 992
HOUSE OF REPRESENTATIVES 2283
AMENDMENT NO. 1. Amend House Bill 992 by replacing the title
with the following:
"AN ACT concerning the restoration of voting rights to released
prisoners, amending named Acts."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Election Code is amended by changing Sections
4-6.2, 5-16.2, and 6-50.2 as follows:
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
Sec. 4-6.2. (a) The county clerk shall appoint all municipal and
township or road district clerks or their duly authorized deputies as
deputy registrars who may accept the registration of all qualified
residents of their respective municipalities, townships and road
districts. A deputy registrar serving as such by virtue of his status
as a municipal clerk, or a duly authorized deputy of a municipal
clerk, of a municipality the territory of which lies in more than one
county may accept the registration of any qualified resident of the
municipality, regardless of which county the resident, municipal
clerk or the duly authorized deputy of the municipal clerk lives in.
The county clerk shall appoint all precinct committeepersons in
the county as deputy registrars who may accept the registration of
any qualified resident of the county, except during the 28 days
preceding an election.
The election authority shall appoint as deputy registrars a
reasonable number of employees of the Secretary of State located at
driver's license examination stations and designated to the election
authority by the Secretary of State who may accept the registration
of any qualified residents of the county at any such driver's license
examination stations. The appointment of employees of the Secretary
of State as deputy registrars shall be made in the manner provided in
Section 2-105 of the Illinois Vehicle Code.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person designated by
the chief librarian, of any public library situated within the
election jurisdiction, who may accept the registrations of any
qualified resident of the county, at such library.
2. The principal, or a qualified person designated by the
principal, of any high school, elementary school, or vocational
school situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the county, at
such school. The county clerk shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated within the election jurisdiction of
their eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at conveniently
located facilities at least 4 months prior to every election.
3. The president, or a qualified person designated by the
president, of any university, college, community college, academy
or other institution of learning situated within the election
jurisdiction, who may accept the registrations of any resident of
the county, at such university, college, community college,
academy or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified members
designated by such official, who may accept the registrations of
any qualified resident of the county.
5. A duly elected or appointed official of a bonafide State
civic organization, as defined and determined by rule of the
State Board of Elections, or qualified members designated by such
official, who may accept the registration of any qualified
2284 JOURNAL OF THE [March 24, 1999]
resident of the county. In determining the number of deputy
registrars that shall be appointed, the county clerk shall
consider the population of the jurisdiction, the size of the
organization, the geographic size of the jurisdiction,
convenience for the public, the existing number of deputy
registrars in the jurisdiction and their location, the
registration activities of the organization and the need to
appoint deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no event
shall a county clerk fix an arbitrary number applicable to every
civic organization requesting appointment of its members as
deputy registrars. The State Board of Elections shall by rule
provide for certification of bonafide State civic organizations.
Such appointments shall be made for a period not to exceed 2
years, terminating on the first business day of the month
following the month of the general election, and shall be valid
for all periods of voter registration as provided by this Code
during the terms of such appointments.
6. The Director of the Illinois Department of Public Aid,
or a reasonable number of employees designated by the Director
and located at public aid offices, who may accept the
registration of any qualified resident of the county at any such
public aid office.
7. The Director of the Illinois Department of Employment
Security, or a reasonable number of employees designated by the
Director and located at unemployment offices, who may accept the
registration of any qualified resident of the county at any such
unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number of
employees designated by such president, who may accept the
registrations of any qualified resident of the county.
9. The Director of the Department of Corrections, or a
reasonable number of employees designated by the Director and
located at correctional facilities, who may accept the
registration of persons released from confinement.
If the request to be appointed as deputy registrar is denied, the
county clerk shall, within 10 days after the date the request is
submitted, provide the affected individual or organization with
written notice setting forth the specific reasons or criteria relied
upon to deny the request to be appointed as deputy registrar.
The county clerk may appoint as many additional deputy registrars
as he considers necessary. The county clerk shall appoint such
additional deputy registrars in such manner that the convenience of
the public is served, giving due consideration to both population
concentration and area. Some of the additional deputy registrars
shall be selected so that there are an equal number from each of the
2 major political parties in the election jurisdiction. The county
clerk, in appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chairman of
the County Central Committee of the applicant's political party. A
Chairman of a County Central Committee shall submit a list of
applicants to the county clerk by November 30 of each year. The
county clerk may require a Chairman of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time other than
the 28 day period preceding an election. All persons appointed as
deputy registrars shall be registered voters within the county and
shall take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States, and the Constitution
HOUSE OF REPRESENTATIVES 2285
of the State of Illinois, and that I will faithfully discharge the
duties of the office of deputy registrar to the best of my ability
and that I will register no person nor cause the registration of any
person except upon his personal application before me.
............................
(Signature Deputy Registrar)"
This oath shall be administered by the county clerk, or by one of
his deputies, or by any person qualified to take acknowledgement of
deeds and shall immediately thereafter be filed with the county
clerk.
Appointments of deputy registrars under this Section, except
precinct committeemen, shall be for 2-year terms, commencing on
December 1 following the general election of each even-numbered year;
except that the terms of the initial appointments shall be until
December 1st following the next general election. Appointments of
precinct committeemen shall be for 2-year terms commencing on the
date of the county convention following the general primary at which
they were elected. The county clerk shall issue a certificate of
appointment to each deputy registrar, and shall maintain in his
office for public inspection a list of the names of all appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at times and
locations reasonably convenient for both the county clerk and such
appointees. The county clerk shall be responsible for certifying and
supervising all deputy registrars appointed pursuant to subsection
(a). Deputy registrars appointed under subsection (a) shall be
subject to removal for cause.
(c) Completed registration materials under the control of deputy
registrars, appointed pursuant to subsection (a), shall be returned
to the proper election authority within 7 days, except that completed
registration materials received by the deputy registrars during the
period between the 35th and 29th day preceding an election shall be
returned by the deputy registrars to the proper election authority
within 48 hours after receipt thereof. The completed registration
materials received by the deputy registrars on the 29th day preceding
an election shall be returned by the deputy registrars within 24
hours after receipt thereof. Unused materials shall be returned by
deputy registrars appointed pursuant to paragraph 4 of subsection
(a), not later than the next working day following the close of
registration.
(d) The county clerk shall not be required to provide additional
forms to any deputy registrar having more than 200 registration forms
unaccounted for during the preceding 12 month period.
(e) No deputy registrar shall engage in any electioneering or
the promotion of any cause during the performance of his or her
duties.
(f) The county clerk shall not be criminally or civilly liable
for the acts or omissions of any deputy registrar. Such deputy
registrars shall not be deemed to be employees of the county clerk.
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
Sec. 5-16.2. (a) The county clerk shall appoint all municipal
and township clerks or their duly authorized deputies as deputy
registrars who may accept the registration of all qualified residents
of their respective counties. A deputy registrar serving as such by
virtue of his status as a municipal clerk, or a duly authorized
deputy of a municipal clerk, of a municipality the territory of which
lies in more than one county may accept the registration of any
qualified resident of any county in which the municipality is
located, regardless of which county the resident, municipal clerk or
the duly authorized deputy of the municipal clerk lives in.
2286 JOURNAL OF THE [March 24, 1999]
The county clerk shall appoint all precinct committeepersons in
the county as deputy registrars who may accept the registration of
any qualified resident of the county, except during the 28 days
preceding an election.
The election authority shall appoint as deputy registrars a
reasonable number of employees of the Secretary of State located at
driver's license examination stations and designated to the election
authority by the Secretary of State who may accept the registration
of any qualified residents of the county at any such driver's license
examination stations. The appointment of employees of the Secretary
of State as deputy registrars shall be made in the manner provided in
Section 2-105 of the Illinois Vehicle Code.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person designated by
the chief librarian, of any public library situated within the
election jurisdiction, who may accept the registrations of any
qualified resident of the county, at such library.
2. The principal, or a qualified person designated by the
principal, of any high school, elementary school, or vocational
school situated within the election jurisdiction, who may accept
the registrations of any resident of the county, at such school.
The county clerk shall notify every principal and vice-principal
of each high school, elementary school, and vocational school
situated within the election jurisdiction of their eligibility to
serve as deputy registrars and offer training courses for service
as deputy registrars at conveniently located facilities at least
4 months prior to every election.
3. The president, or a qualified person designated by the
president, of any university, college, community college, academy
or other institution of learning situated within the election
jurisdiction, who may accept the registrations of any resident of
the county, at such university, college, community college,
academy or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified members
designated by such official, who may accept the registrations of
any qualified resident of the county.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by rule of
the State Board of Elections, or qualified members designated by
such official, who may accept the registration of any qualified
resident of the county. In determining the number of deputy
registrars that shall be appointed, the county clerk shall
consider the population of the jurisdiction, the size of the
organization, the geographic size of the jurisdiction,
convenience for the public, the existing number of deputy
registrars in the jurisdiction and their location, the
registration activities of the organization and the need to
appoint deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no event
shall a county clerk fix an arbitrary number applicable to every
civic organization requesting appointment of its members as
deputy registrars. The State Board of Elections shall by rule
provide for certification of bona fide State civic organizations.
Such appointments shall be made for a period not to exceed 2
years, terminating on the first business day of the month
following the month of the general election, and shall be valid
for all periods of voter registration as provided by this Code
during the terms of such appointments.
HOUSE OF REPRESENTATIVES 2287
6. The Director of the Illinois Department of Public Aid,
or a reasonable number of employees designated by the Director
and located at public aid offices, who may accept the
registration of any qualified resident of the county at any such
public aid office.
7. The Director of the Illinois Department of Employment
Security, or a reasonable number of employees designated by the
Director and located at unemployment offices, who may accept the
registration of any qualified resident of the county at any such
unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number of
employees designated by such president, who may accept the
registrations of any qualified resident of the county.
9. The Director of the Department of Corrections, or a
reasonable number of employees designated by the Director and
located at correctional facilities, who may accept the
registration of persons released from confinement.
If the request to be appointed as deputy registrar is denied, the
county clerk shall, within 10 days after the date the request is
submitted, provide the affected individual or organization with
written notice setting forth the specific reasons or criteria relied
upon to deny the request to be appointed as deputy registrar.
The county clerk may appoint as many additional deputy registrars
as he considers necessary. The county clerk shall appoint such
additional deputy registrars in such manner that the convenience of
the public is served, giving due consideration to both population
concentration and area. Some of the additional deputy registrars
shall be selected so that there are an equal number from each of the
2 major political parties in the election jurisdiction. The county
clerk, in appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chairman of
the County Central Committee of the applicant's political party. A
Chairman of a County Central Committee shall submit a list of
applicants to the county clerk by November 30 of each year. The
county clerk may require a Chairman of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time other than
the 28 day period preceding an election. All persons appointed as
deputy registrars shall be registered voters within the county and
shall take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States, and the Constitution
of the State of Illinois, and that I will faithfully discharge the
duties of the office of deputy registrar to the best of my ability
and that I will register no person nor cause the registration of any
person except upon his personal application before me.
...............................
(Signature of Deputy Registrar)"
This oath shall be administered by the county clerk, or by one of
his deputies, or by any person qualified to take acknowledgement of
deeds and shall immediately thereafter be filed with the county
clerk.
Appointments of deputy registrars under this Section, except
precinct committeemen, shall be for 2-year terms, commencing on
December 1 following the general election of each even-numbered year,
except that the terms of the initial appointments shall be until
December 1st following the next general election. Appointments of
precinct committeemen shall be for 2-year terms commencing on the
date of the county convention following the general primary at which
they were elected. The county clerk shall issue a certificate of
2288 JOURNAL OF THE [March 24, 1999]
appointment to each deputy registrar, and shall maintain in his
office for public inspection a list of the names of all appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at times and
locations reasonably convenient for both the county clerk and such
appointees. The county clerk shall be responsible for certifying and
supervising all deputy registrars appointed pursuant to subsection
(a). Deputy registrars appointed under subsection (a) shall be
subject to removal for cause.
(c) Completed registration materials under the control of deputy
registrars, appointed pursuant to subsection (a), shall be returned
to the proper election authority within 7 days, except that completed
registration materials received by the deputy registrars during the
period between the 35th and 29th day preceding an election shall be
returned by the deputy registrars to the proper election authority
within 48 hours after receipt thereof. The completed registration
materials received by the deputy registrars on the 29th day preceding
an election shall be returned by the deputy registrars within 24
hours after receipt thereof. Unused materials shall be returned by
deputy registrars appointed pursuant to paragraph 4 of subsection
(a), not later than the next working day following the close of
registration.
(d) The county clerk shall not be required to provide additional
forms to any deputy registrar having more than 200 registration forms
unaccounted for during the preceding 12 month period.
(e) No deputy registrar shall engage in any electioneering or
the promotion of any cause during the performance of his or her
duties.
(f) The county clerk shall not be criminally or civilly liable
for the acts or omissions of any deputy registrar. Such deputy
registers shall not be deemed to be employees of the county clerk.
(Source: P.A. 89-653, eff. 8-14-96.)
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
Sec. 6-50.2. (a) The board of election commissioners shall
appoint all precinct committeepersons in the election jurisdiction as
deputy registrars who may accept the registration of any qualified
resident of the election jurisdiction, except during the 28 days
preceding an election.
The election authority shall appoint as deputy registrars a
reasonable number of employees of the Secretary of State located at
driver's license examination stations and designated to the election
authority by the Secretary of State who may accept the registration
of any qualified residents of the county at any such driver's license
examination stations. The appointment of employees of the Secretary
of State as deputy registrars shall be made in the manner provided in
Section 2-105 of the Illinois Vehicle Code.
The board of election commissioners shall appoint each of the
following named persons as deputy registrars upon the written request
of such persons:
1. The chief librarian, or a qualified person designated by
the chief librarian, of any public library situated within the
election jurisdiction, who may accept the registrations of any
qualified resident of the election jurisdiction, at such library.
2. The principal, or a qualified person designated by the
principal, of any high school, elementary school, or vocational
school situated within the election jurisdiction, who may accept
the registrations of any resident of the election jurisdiction,
at such school. The board of election commissioners shall notify
every principal and vice-principal of each high scho