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these items in House Bill 871, the original appropriations in Public Act 90-585 continue in full force and effect as originally enacted.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