4418 JOURNAL OF THE [May 14, 1999]
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
51ST LEGISLATIVE DAY
FRIDAY, MAY 14, 1999
10:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Pastor John Hartleroad with the First United Methodist
Church in Metropolis, Illinois.
Representative Fowler led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
116 present. (ROLL CALL 1)
By unanimous consent, Representatives Klingler and Lang were
excused from attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative O'Brien will replace Representative Fritchey in
the Committee on Executive, for today only.
Representative Brunsvold replaced Representative Bugielski in the
Committee on Executive on May 12, 1999.
LETTER OF TRANSMITTAL
GENERAL ASSEMBLY
STATE OF ILLINOIS
May 14, 1999
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield, IL 62706
HOUSE OF REPRESENTATIVES 4419
Dear Mr. Clerk:
Please be advised that I have extended the Committee Deadline and
Third Reading Deadline for Senate Bill 575 until May 21, 1999.
If you have questions, please contact my Chief of Staff, Tim Mapes.
With kindest personal regards, I remain
Sincerely yours,
s/MICHAEL J. MADIGAN
Speaker of the House
GENERAL ASSEMBLY
STATE OF ILLINOIS
May 14, 1999
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield, IL 62706
Dear Mr. Clerk:
Please be advised that I have extended the Committee Deadline and/or
Third Reading Deadline for the following Senate Bills until May 21,
1999.
HOUSE BILLS 26, 43, 55, 121, 286, 311, 349, 415, 452, 480, 646, 659,
736, 756, 827, 840, 876, 877, 890, 906, 933, 941, 956, 962, 1008,
1015, 1017, 1020, 1066, 1079, 1089, 1090, 1091, 1092, 1093, 1094,
1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1104, 1125 and 1131.
If you have questions, please contact my Chief of Staff, Tim Mapes.
With kindest personal regards, I remain
Sincerely yours,
s/MICHAEL J. MADIGAN
Speaker of the House
GENERAL ASSEMBLY
STATE OF ILLINOIS
May 14, 1999
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield, IL 62706
Dear Mr. Clerk:
Please be advised that I have extended the Third Reading Deadline for
the attached Senate Bills until May 21, 1999.
4420 JOURNAL OF THE [May 14, 1999]
If you have questions or require additional information, please
contact Tim Mapes, my Chief of Staff.
With kindest personal regards, I remain
Sincerely yours,
s/MICHAEL J. MADIGAN
Speaker of the House
SENATE BILLS 369, 371, 581, 582, 583, 584, 585, 586, 587, 588, 589,
590, 591, 593, 594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604,
605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618,
619, 621, 622, 623, 625, 627, 628, 629, 630, 631 and 632.
GENERAL ASSEMBLY
STATE OF ILLINOIS
May 14, 1999
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield, IL 62706
Dear Mr. Clerk:
Please be advised that I have extended the Committee Deadline and
Third Reading Deadline for Senate Bill 801 until May 21, 1999.
If you have questions, please contact my Chief of Staff, Tim Mapes.
With kindest personal regards, I remain
Sincerely yours,
s/MICHAEL J. MADIGAN
Speaker of the House
RE-REFERRED TO THE COMMITTEE ON RULES
The following bills were re-referred to the Committee on Rules
pursuant to Rule 19(a): SENATE BILLS 11, 23, 32, 117, 217, 224, 272,
284, 288, 310, 336, 351, 355, 356, 368, 385, 427, 436, 507, 666, 668,
815, 839, 910, 937, 949, 980, 1002, 1003, 1007, 1011, 1019, 1046,
1080, 1084, 1128 and 1204.
JOINT ACTION MOTIONS SUBMITTED
Representative Novak submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 95.
Representative Bassi submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 230.
Representative Poe submitted the following written motion, which
HOUSE OF REPRESENTATIVES 4421
was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 251.
Representative Eileen Lyons submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 424.
Representative Tom Johnson submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 448.
Representative Wojcik submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 471.
Representative Winkel submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 777.
Representative Winkel submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #2
I move to concur with Senate Amendment No. 2 to HOUSE BILL 777.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 878.
Representative Eileen Lyons submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 934.
Representative Cross submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1061.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1162.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1164.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1165.
4422 JOURNAL OF THE [May 14, 1999]
Representative Sommer submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1193.
Representative Bill Mitchell submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 1194.
Representative Bill Mitchell submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #2
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1194.
Representative Bill Mitchell submitted the following written
motion, which was referred to the Committee on Rules:
MOTION #3
I move to concur with Senate Amendment No. 2 to HOUSE BILL 1194.
Representative O'Connor submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1195.
Representative Smith submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1261.
Representative Bost submitted the following written motion, which
was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1282.
Representative Cross submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1286.
Representative Durkin submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1304.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1365.
Representative Reitz submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1366.
Representative McGuire submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1538.
HOUSE OF REPRESENTATIVES 4423
Representative Black submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1657.
Representative Leitch submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1713.
Representative Zickus submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1759.
Representative Saviano submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1, 2 and 3 to
HOUSE BILL 1780.
Representative Cross submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1817.
Representative Stephens submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1832.
Representative Bassi submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1845.
Representative Reitz submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1863.
Representative Hoffman submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1871.
Representative Wojcik submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 1909.
Representative Righter submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 1972.
Representative Moffitt submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
4424 JOURNAL OF THE [May 14, 1999]
BILL 2081.
Representative Reitz submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2085.
Representative Tenhouse submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2194.
Representative Biggins submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2218.
Representative O'Brien submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2255.
Representative Tenhouse submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendments numbered 1 and 2 to HOUSE
BILL 2283.
Representative Smith submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2631.
Representative Tenhouse submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to concur with Senate Amendment No. 1 to HOUSE BILL 2724.
Representative Cowlishaw submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendments numbered 2 and 3 to
HOUSE BILL 134.
Representative Tenhouse submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
287.
Representative Cowlishaw submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
542.
Representative Durkin submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
819.
HOUSE OF REPRESENTATIVES 4425
Representative Reitz submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
1318.
Representative Osmond submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
1413.
Representative Woolard submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendments numbered 1 and 2 to
HOUSE BILL 1670.
Representative Cowlishaw submitted the following written motion,
which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendments numbered 1 and 2 to
HOUSE BILL 1722.
Representative Dart submitted the following written motion, which
was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
2708.
Representative Dart submitted the following written motion, which
was referred to the Committee on Rules:
MOTION #1
I move to non-concur with Senate Amendments numbered 1 and 2 to
HOUSE BILL 2711.
Representative Tim Johnson submitted the following written
motion, which was placed on the Calendar on the order of Concurrence:
MOTION #1
I move to non-concur with Senate Amendment No. 1 to HOUSE BILL
2733.
Representative Lawfer submitted the following written motion,
which was referred to the Committee on Rules:
MOTION #1
I move to recede from House Amendment No. 1 to SENATE BILL 578.
Representative McKeon submitted the following written motion,
which was placed on the Calendar on the order of Non-concurrence:
MOTION #1
I move to refuse to recede from House Amendment No. 1 to SENATE
BILL 1158
Representative Mautino submitted the following written motion,
which was placed on the Calendar on the order of Non-concurrence:
MOTION #1
I move to refuse to recede from House Amendment No. 1 to SENATE
BILL 1202
FISCAL NOTE WITHDRAWN
4426 JOURNAL OF THE [May 14, 1999]
Representative Poe withdrew his request for a Fiscal Note on
SENATE BILL 288, as amended.
JUDICIAL NOTE SUPPLIED
A Judicial Note has been supplied for SENATE BILL 941.
BALANCED BUDGET IMPACT NOTE SUPPLIED
A Balanced Budget Impact Note has been supplied for SENATE BILL
941.
LAND CONVEYANCE APPRAISAL NOTE SUPPLIED
A Land Conveyance Appraisal Note has been supplied for SENATE
BILL 941.
MESSAGES FROM THE SENATE
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 31
A bill for AN ACT in relation to criminal law, amending named
Acts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 31.
Senate Amendment No. 2 to HOUSE BILL NO. 31.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 31 by replacing everything
after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 8-1.1, 8-1.2, 9-1.2, 10-2, 12-4.1, 12-4.3, 12-4.6, 12-11,
12-13, 12-14, 12-14.1, 18-2, 18-4, and 33A-2 and adding Sections
2-3.4, 2-7.5, and 2-15.5 as follows:
(720 ILCS 5/2-3.4 new)
Sec. 2-3.4. "Armed with a firearm". Except as otherwise
provided in a specific Section, a person is considered "armed with a
firearm" when he or she carries on or about his or her person or is
otherwise armed with a firearm.
(720 ILCS 5/2-7.5 new)
HOUSE OF REPRESENTATIVES 4427
Sec. 2-7.5. "Firearm". Except as otherwise provided in a
specific Section, "firearm" shall have the meaning ascribed to it in
Section 1.1 of the Firearm Owners Identification Card Act.
(720 ILCS 5/2-15.5 new)
Sec. 2-15.5. "Personally discharged a firearm". A person is
considered to have "personally discharged a firearm" when he or she,
while armed with a firearm, knowingly and intentionally fires a
firearm causing the ammunition projectile to be forcefully expelled
from the firearm.
(720 ILCS 5/8-1.1) (from Ch. 38, par. 8-1.1)
Sec. 8-1.1. Solicitation of Murder.
(a) A person commits solicitation of murder when, with the
intent that the offense of first degree murder be committed, he
commands, encourages or requests another to commit that offense.
(b) Penalty. Solicitation of murder is a Class X felony and a
person convicted of solicitation of murder shall be sentenced to a
term of imprisonment for a period of not less than 15 years and not
more than 30 years, except that:
(1) in cases where the person solicited was a person under
the age of 17 years, the person convicted of solicitation of
murder shall be sentenced to a term of imprisonment for a period
of not less than 20 years and not more than 60 years;.
(2) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 89-688, eff. 6-1-97; 89-689, eff. 12-31-96.)
(720 ILCS 5/8-1.2) (from Ch. 38, par. 8-1.2)
Sec. 8-1.2. Solicitation of Murder for Hire. (a) A person
commits solicitation of murder for hire when, with the intent that
the offense of first degree murder be committed, he procures another
to commit that offense pursuant to any contract, agreement,
understanding, command or request for money or anything of value.
(b) Penalty. Solicitation of murder for hire is a Class X
felony and a person convicted of solicitation of murder for hire
shall be sentenced to a term of imprisonment of not less than 20
years and not more than 40 years, except that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 85-1003; 85-1030; 85-1440.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) A
person commits the offense of intentional homicide of an unborn child
if, in performing acts which cause the death of an unborn child, he
without lawful justification:
4428 JOURNAL OF THE [May 14, 1999]
(1) either intended to cause the death of or do great bodily
harm to the pregnant woman or her unborn child or knew that such acts
would cause death or great bodily harm to the pregnant woman or her
unborn child; or
(2) he knew that his acts created a strong probability of death
or great bodily harm to the pregnant woman or her unborn child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean
any individual of the human species from fertilization until birth,
and (2) "person" shall not include the pregnant woman whose unborn
child is killed.
(c) This Section shall not apply to acts which cause the death
of an unborn child if those acts were committed during any abortion,
as defined in Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant woman has consented. This Section
shall not apply to acts which were committed pursuant to usual and
customary standards of medical practice during diagnostic testing or
therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn
child shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;.
(2) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other provision of
law.
(Source: P.A. 85-293.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of Section
10-1 is guilty of the offense of aggravated kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom from the
person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13 years,
or an institutionalized severely or profoundly mentally retarded
person, or
(3) Inflicts great bodily harm or commits another felony
upon his victim, or
(4) Wears a hood, robe or mask or conceals his identity, or
(5) Commits the offense of kidnaping while armed with a
dangerous weapon, as defined in Section 33A-1 of the "Criminal
Code of 1961".
As used in this Section, "ransom" includes money, benefit or
other valuable thing or concession.
(b) Sentence. Aggravated kidnaping is a Class X felony, except
that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
HOUSE OF REPRESENTATIVES 4429
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life
imprisonment; provided, however, that a sentence of natural life
imprisonment shall not be imposed under this Section unless the
second or subsequent offense was committed after conviction on the
first offense.
(Source: P.A. 89-707, eff. 6-1-97.)
(720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
Sec. 12-4.1. Heinous Battery.
(a) A person who, in committing a battery, knowingly causes
severe and permanent disability or disfigurement by means of a
caustic or flammable substance commits heinous battery.
(b) Sentence. Heinous battery is a Class X felony, except that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 88-285.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who intentionally
or knowingly, and without legal justification and by any means,
causes great bodily harm or permanent disability or disfigurement to
any child under the age of 13 years or to any institutionalized
severely or profoundly mentally retarded person, commits the offense
of aggravated battery of a child.
(b) Aggravated battery of a child is a Class X felony, except
that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 89-313, eff. 1-1-96.)
(720 ILCS 5/12-4.6) (from Ch. 38, par. 12-4.6)
Sec. 12-4.6. Aggravated Battery of a Senior Citizen. (a) A
person who, in committing battery, intentionally or knowingly causes
great bodily harm or permanent disability or disfigurement to an
individual of 60 years of age or older commits aggravated battery of
a senior citizen.
(b) Sentence. Aggravated battery of a senior citizen is a Class
2 felony, except that:.
(1) if the person committed the offense while armed with a
4430 JOURNAL OF THE [May 14, 1999]
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 85-1177.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the line of
duty commits home invasion when without authority he or she knowingly
enters the dwelling place of another when he or she knows or has
reason to know that one or more persons is present or he or she
knowingly enters the dwelling place of another and remains in such
dwelling place until he or she knows or has reason to know that one
or more persons is present and
(1) While armed with a dangerous weapon uses force or
threatens the imminent use of force upon any person or persons
within such dwelling place whether or not injury occurs, or
(2) Intentionally causes any injury to any person or
persons within such dwelling place.
(b) It is an affirmative defense to a charge of home invasion
that the accused who knowingly enters the dwelling place of another
and remains in such dwelling place until he or she knows or has
reason to know that one or more persons is present either immediately
leaves such premises or surrenders to the person or persons lawfully
present therein without either attempting to cause or causing serious
bodily injury to any person present therein.
(c) Sentence. Home invasion is a Class X felony, except that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another"
includes a dwelling place where the defendant maintains a tenancy
interest but from which the defendant has been barred by a divorce
decree, judgment of dissolution of marriage, order of protection, or
other court order.
(Source: P.A. 90-787, eff. 8-14-98.)
(720 ILCS 5/12-13) (from Ch. 38, par. 12-13)
Sec. 12-13. Criminal Sexual Assault.
(a) The accused commits criminal sexual assault if he or she:
(1) commits an act of sexual penetration by the use of
force or threat of force; or
(2) commits an act of sexual penetration and the accused
knew that the victim was unable to understand the nature of the
act or was unable to give knowing consent; or
(3) commits an act of sexual penetration with a victim who
was under 18 years of age when the act was committed and the
accused was a family member; or
HOUSE OF REPRESENTATIVES 4431
(4) commits an act of sexual penetration with a victim who
was at least 13 years of age but under 18 years of age when the
act was committed and the accused was 17 years of age or over and
held a position of trust, authority or supervision in relation to
the victim.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony.
(2) A person who is convicted of the offense of criminal
sexual assault as defined in paragraph (a)(1) or (a)(2) after
having previously been convicted of the offense of criminal
sexual assault, or who is convicted of the offense of criminal
sexual assault as defined in paragraph (a)(1) or (a)(2) after
having previously been convicted under the laws of this State or
any other state of an offense that is substantially equivalent to
the offense of criminal sexual assault, commits a Class X felony
for which the person shall be sentenced to a term of imprisonment
of not less than 30 years and not more than 60 years. The
commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (2) to
apply.
(3) A person who is convicted of the offense of criminal
sexual assault as defined in paragraph (a)(1) or (a)(2) after
having previously been convicted of the offense of aggravated
criminal sexual assault or the offense of predatory criminal
sexual assault of a child, or who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1) or (a)(2)
after having previously been convicted under the laws of this
State or any other state of an offense that is substantially
equivalent to the offense of aggravated criminal sexual assault
or the offense of criminal predatory sexual assault shall be
sentenced to a term of natural life imprisonment. The commission
of the second or subsequent offense is required to have been
after the initial conviction for this paragraph (3) to apply.
(4) A second or subsequent conviction for a violation of
paragraph (a)(3) or (a)(4) or under any similar statute of this
State or any other state for any offense involving criminal
sexual assault that is substantially equivalent to or more
serious than the sexual assault prohibited under paragraph (a)(3)
or (a)(4) is a Class X felony.
(5) When a person has any such prior conviction, the
information or indictment charging that person shall state such
prior conviction so as to give notice of the State's intention to
treat the charge as a Class X felony. The fact of such prior
conviction is not an element of the offense and may not be
disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
(6) (i) If the person committed the offense while armed
with a firearm, 15 years of imprisonment shall be added to
the term of imprisonment imposed by the court.
(ii) If, during the commission of the offense, the
person personally discharged a firearm, 20 years of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(iii) If, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to any person, 25 years to life of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 90-396, eff. 1-1-98.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
4432 JOURNAL OF THE [May 14, 1999]
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he
or she commits criminal sexual assault and any of the following
aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of
conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon or any object fashioned or utilized in such a
manner as to lead the victim under the circumstances reasonably
to believe it to be a dangerous weapon; or
(2) the accused caused bodily harm to the victim; or
(3) the accused acted in such a manner as to threaten or
endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during the
course of the commission or attempted commission of any other
felony by the accused; or
(5) the victim was 60 years of age or over when the offense
was committed; or
(6) the victim was a physically handicapped person; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception,
and for other than medical purposes, any controlled substance.
(b) The accused commits aggravated criminal sexual assault if
the accused was under 17 years of age and (i) commits an act of
sexual penetration with a victim who was under 9 years of age when
the act was committed; or (ii) commits an act of sexual penetration
with a victim who was at least 9 years of age but under 13 years of
age when the act was committed and the accused used force or threat
of force to commit the act.
(c) The accused commits aggravated criminal sexual assault if he
or she commits an act of sexual penetration with a victim who was an
institutionalized severely or profoundly mentally retarded person at
the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault is a Class X felony.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual assault
after having previously been convicted of the offense of criminal
sexual assault or the offense of predatory criminal sexual
assault of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously been
convicted under the laws of this or any other state of an offense
that is substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a child,
shall be sentenced to a term of natural life imprisonment. The
commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (2) to
apply.
(3) (i) If the person committed the offense while armed
with a firearm, 15 years of imprisonment shall be added to
the term of imprisonment imposed by the court.
(ii) If, during the commission of the offense, the
person personally discharged a firearm, 20 years of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(iii) If, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
HOUSE OF REPRESENTATIVES 4433
disfigurement, or death to any person, 25 years to life of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a
child if:
(1) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed; or
(2) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused caused great
bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused delivered (by
injection, inhalation, ingestion, transfer of possession, or any
other means) to the victim without his or her consent, or by
threat or deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection (a)(1)
commits a Class X felony. A person convicted of a violation of
subsection (a)(2) or (a) (3) commits a Class X felony for which
the person shall be sentenced to a term of imprisonment of not
less than 50 years and not more than 60 years.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or who
is convicted of the offense of predatory criminal sexual assault
of a child after having previously been convicted of the offense
of criminal sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of predatory
criminal sexual assault of a child after having previously been
convicted under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of criminal
sexual assault, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense
is required to have been after the initial conviction for this
paragraph (2) to apply.
(3) (i) If the person committed the offense while armed
with a firearm, 15 years of imprisonment shall be added to
the term of imprisonment imposed by the court.
(ii) If, during the commission of the offense, the
person personally discharged a firearm, 20 years of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(iii) If, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to any person, 25 years to life of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
4434 JOURNAL OF THE [May 14, 1999]
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery. (a) A person commits armed robbery
when he or she violates Section 18-1 while he or she carries on or
about his or her person, or is otherwise armed with a dangerous
weapon.
(b) Sentence.
Armed robbery is a Class X felony, except that:.
(1) if the person committed the offense while armed with a
firearm, 15 years of imprisonment shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years of imprisonment shall
be added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to any person, 25 years to life of imprisonment shall be
added to the term of imprisonment imposed by the court.
(Source: P.A. 80-1099.)
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or
she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a physically handicapped person or a person
60 years of age or over; or
(2) a person under 16 years of age is a passenger in the
motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is
otherwise armed with a dangerous weapon.
(b) Sentence.
(1) Aggravated vehicular hijacking in violation of
subsections (a)(1) or (a)(2) is a Class X felony. Aggravated
vehicular hijacking in violation of subsection (a)(3) is a Class
X felony for which a term of imprisonment of not less than 7
years shall be imposed.
(2) (i) If the person committed the offense while armed
with a firearm, 15 years of imprisonment shall be added to
the term of imprisonment imposed by the court.
(ii) If, during the commission of the offense, the
person personally discharged a firearm, 20 years of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(iii) If, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to any person, 25 years to life of
imprisonment shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 88-351.)
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense. A person
commits armed violence when, while armed with a dangerous weapon, he
commits any felony defined by Illinois Law, except first degree
murder, solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, criminal
sexual assault, aggravated kidnapping, heinous battery, aggravated
battery of a senior citizen, aggravated battery of a child, armed
robbery, aggravated vehicular hijacking, home invasion, a violation
of the Cannabis Control Act to which Section 7.5 of that Act applies,
HOUSE OF REPRESENTATIVES 4435
or a violation of the Illinois Controlled Substances Act to which
Section 408.1 of that Act applies.
(Source: P.A. 80-1099.)
Section 10. The Cannabis Control Act is amended by adding
Section 7.5 as follows:
(720 ILCS 550/7.5 new)
Sec. 7.5. (a) Any person who violates subsection (g) of Section 5
or Section 5.1 while armed with a firearm shall have 15 years of
imprisonment added to the sentence imposed by the court.
(b) Any person who violates subsection (g) of Section 5 or
Section 5.1 shall have 20 years of imprisonment added to the sentence
imposed by the court if, during the commission of the offense, the
person personally discharged a firearm.
(c) Any person who violates subsection (g) of Section 5 or
Section 5.1 shall have 25 years to life of imprisonment added to the
sentence imposed by the court if, during the commission of the
offense, the person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to any person.
Section 15. The Illinois Controlled Substances Act is amended by
adding Section 408.1 as follows:
(720 ILCS 570/408.1 new)
Sec. 408.1. (a) Any person who violates subparagraph (a) of
Section 401, Section 401.1 involving a Class X felony amount of
controlled substance under Section 401, Section 405, or Section 405.2
while armed with a firearm shall have 15 years of imprisonment added
to the sentence imposed by the court.
(b) Any person who violates subsection (a) of Section 401,
Section 401.1 involving a Class X felony amount of controlled
substance under Section 401, Section 405, or Section 405.2 shall have
20 years of imprisonment added to the sentence imposed by the court
if, during the commission of the offense, the person personally
discharged a firearm.
(c) Any person who violates subsection (a) of Section 401,
Section 401.1 involving a Class X felony amount of controlled
substance under Section 401, Section 405, or Section 405.2 shall have
25 years to life imprisonment added to the sentence imposed by the
court if, during the commission of the offense, the person personally
discharged a firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or death to any
person.
Section 20. The Unified Code of Corrections is amended by
changing Section 5-8-1 as follows:
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the
offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section, according
to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and not
more than 60 years, or
(b) if the court finds that the murder was accompanied
by exceptionally brutal or heinous behavior indicative of
wanton cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) of Section 9-1 of the
Criminal Code of 1961 are present, the court may sentence
the defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a term
of natural life imprisonment when the death penalty is not
4436 JOURNAL OF THE [May 14, 1999]
imposed if the defendant,
(i) has previously been convicted of first degree
murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of 17 or
more and is found guilty of murdering an individual
under 12 years of age; or, irrespective of the
defendant's age at the time of the commission of the
offense, is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer or fireman when the peace officer or fireman
was killed in the course of performing his official
duties, or to prevent the peace officer or fireman from
performing his official duties, or in retaliation for
the peace officer or fireman performing his official
duties, and the defendant knew or should have known
that the murdered individual was a peace officer or
fireman, or
(iv) is found guilty of murdering an employee of
an institution or facility of the Department of
Corrections, or any similar local correctional agency,
when the employee was killed in the course of
performing his official duties, or to prevent the
employee from performing his official duties, or in
retaliation for the employee performing his official
duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician
- paramedic, ambulance driver or other medical
assistance or first aid person while employed by a
municipality or other governmental unit when the person
was killed in the course of performing official duties
or to prevent the person from performing official
duties or in retaliation for performing official duties
and the defendant knew or should have known that the
murdered individual was an emergency medical technician
- ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistant or first
aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age of
17, and is found guilty of murdering a person under 12
years of age and the murder is committed during the
course of aggravated criminal sexual assault, criminal
sexual assault, or aggravated kidnaping, or
(vii) is found guilty of first degree murder and
the murder was committed by reason of any person's
activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961, or.
(d) (i) if the person committed the offense while armed
with a firearm, 15 years of imprisonment shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years of
HOUSE OF REPRESENTATIVES 4437
imprisonment shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to any person, 25 years to life of
imprisonment shall be added to the term of imprisonment
imposed by the court.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician - paramedic",
have the meanings ascribed to them in the Emergency Medical
Services (EMS) Systems Act.
(1.5) for second degree murder, a term shall be not less
than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under Article
33B of the Criminal Code of 1961, as amended, the sentence shall
be a term of natural life imprisonment;
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section 12-13,
paragraph (2) of subsection (d) of Section 12-14, or paragraph
(2) of subsection (b) of Section 12-14.1 of the Criminal Code of
1961, the sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute defining
the offense, for a Class X felony, the sentence shall be not less
than 6 years and not more than 30 years;
(4) for a Class 1 felony, other than second degree murder,
the sentence shall be not less than 4 years and not more than 15
years;
(5) for a Class 2 felony, the sentence shall be not less
than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not less
than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not less
than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall set
forth his reasons for imposing the particular sentence he enters in
the case, as provided in Section 5-4-1 of this Code. Those reasons
may include any mitigating or aggravating factors specified in this
Code, or the lack of any such circumstances, as well as any other
such factors as the judge shall set forth on the record that are
consistent with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the court may
reduce a sentence without motion, within 30 days after the sentence
is imposed. A defendant's challenge to the correctness of a sentence
or to any aspect of the sentencing hearing shall be made by a written
motion filed within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, the proponent of the
motion shall exercise due diligence in seeking a determination on the
motion and the court shall thereafter decide such motion within a
reasonable time.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, then for purposes of
perfecting an appeal, a final judgment shall not be considered to
have been entered until the motion to reduce a sentence has been
decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with the
4438 JOURNAL OF THE [May 14, 1999]
circuit court clerk within 30 days after the sentence is imposed
together with a notice of motion, which notice of motion shall set
the motion on the court's calendar on a date certain within a
reasonable time after the date of filing.
(d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in addition
to the term of imprisonment. For those sentenced under the law in
effect prior to February 1, 1978, such term shall be identified as a
parole term. For those sentenced on or after February 1, 1978, such
term shall be identified as a mandatory supervised release term.
Subject to earlier termination under Section 3-3-8, the parole or
mandatory supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3 years;
(2) for a Class 1 felony or a Class 2 felony, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year.
(e) A defendant who has a previous and unexpired sentence of
imprisonment imposed by another state or by any district court of the
United States and who, after sentence for a crime in Illinois, must
return to serve the unexpired prior sentence may have his sentence by
the Illinois court ordered to be concurrent with the prior sentence
in the other state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior to his
return to Illinois, shall be credited on his Illinois sentence. The
other state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is released from
confinement of the other state, whether by parole or by termination
of sentence, the offender shall be transferred by the Sheriff of the
committing county to the Illinois Department of Corrections. The
court shall cause the Department of Corrections to be notified of
such sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime in this
State and who is subsequently sentenced to a term of imprisonment by
another state or by any district court of the United States and who
has served a term of imprisonment imposed by the other state or
district court of the United States, and must return to serve the
unexpired prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his sentence
reduced.
The circuit court may order that any time served on the sentence
imposed by the other state or district court of the United States be
credited on his Illinois sentence. Such application for reduction of
a sentence under this subsection (f) shall be made within 30 days
after the defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 1-1-99.)".
AMENDMENT NO. 2. Amend HOUSE Bill 31, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 8-4, 9-1.2, 10-2, 12-4.3, 12-11, 12-14, 12-14.1, 18-2, 18-4,
33A-1, 33A-2, and adding Sections 2-3.6, 2-7.5, and 2-15.5 as
follows:
(720 ILCS 5/2-3.6 new)
Sec. 2-3.6. "Armed with a firearm". Except as otherwise provided
in a specific Section, a person is considered "armed with a firearm"
when he or she carries on or about his or her person or is otherwise
armed with a firearm.
(720 ILCS 5/2-7.5 new)
HOUSE OF REPRESENTATIVES 4439
Sec. 5/2-7.5 "Firearm". Except as otherwise provided in a
specific Section, "firearm" has the meaning ascribed to it in Section
1.1 of the Firearm Owners Identification Card Act.
(720 ILCS 5/2-15.5 new)
Sec. 2-15.5. "Personally discharged a firearm". A person is
considered to have "personally discharged a firearm" when he or she,
while armed with a firearm, knowingly and intentionally fires a
firearm causing the ammunition projectile to be forcefully expelled
from the firearm.
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a
specific offense, he does any act which constitutes a substantial
step toward the commission of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been impossible
for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of an attempt may be fined or imprisoned or
both not to exceed the maximum provided for the offense attempted
but, except for an attempt to commit the offense defined in Section
33A-2 of this Act,
(1) the sentence for attempt to commit first degree murder
is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when at
least one of the aggravating factors specified in paragraphs
(1), (2) and (12) of subsection (b) of Section 9-1 is
present is a Class X felony for which the sentence shall be
a term of imprisonment of not less than 20 years and not
more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court;
(C) an attempt to commit first degree murder during
which the person personally discharged a firearm is a Class
X felony for which 20 years shall be added to the term of
imprisonment imposed by the court;
(D) an attempt to commit first degree murder during
which the person personally discharged a firearm that
proximately caused great bodily harm, permanent disability,
permanent disfigurement, or death to another person, is a
Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by
the court.
(2) the sentence for attempt to commit a Class X felony is
the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1 felony is
the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2 felony is
the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony other
than those specified in Subsections (1), (2), (3) and (4) hereof
is the sentence for a Class A misdemeanor.
(Source: P.A. 87-921; 88-680, eff. 1-1-95.)
(720 ILCS 5/9-1.2) (from Ch. 38, par. 9-1.2)
Sec. 9-1.2. Intentional Homicide of an Unborn Child. (a) A
person commits the offense of intentional homicide of an unborn child
if, in performing acts which cause the death of an unborn child, he
4440 JOURNAL OF THE [May 14, 1999]
without lawful justification:
(1) either intended to cause the death of or do great bodily
harm to the pregnant woman or her unborn child or knew that such acts
would cause death or great bodily harm to the pregnant woman or her
unborn child; or
(2) he knew that his acts created a strong probability of death
or great bodily harm to the pregnant woman or her unborn child; and
(3) he knew that the woman was pregnant.
(b) For purposes of this Section, (1) "unborn child" shall mean
any individual of the human species from fertilization until birth,
and (2) "person" shall not include the pregnant woman whose unborn
child is killed.
(c) This Section shall not apply to acts which cause the death
of an unborn child if those acts were committed during any abortion,
as defined in Section 2 of the Illinois Abortion Law of 1975, as
amended, to which the pregnant woman has consented. This Section
shall not apply to acts which were committed pursuant to usual and
customary standards of medical practice during diagnostic testing or
therapeutic treatment.
(d) Penalty. The sentence for intentional homicide of an unborn
child shall be the same as for first degree murder, except that:
(1) the death penalty may not be imposed;
(2) if the person committed the offense while armed with a
firearm, 15 years shall be added to the term of imprisonment
imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm, 20 years shall be added to the
term of imprisonment imposed by the court;
(4) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(e) The provisions of this Act shall not be construed to
prohibit the prosecution of any person under any other provision of
law.
(Source: P.A. 85-293.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A kidnaper within the definition of paragraph (a) of Section
10-1 is guilty of the offense of aggravated kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom from the
person kidnaped or from any other person, or
(2) Takes as his victim a child under the age of 13 years,
or an institutionalized severely or profoundly mentally retarded
person, or
(3) Inflicts great bodily harm, other than by the discharge
of a firearm, or commits another felony upon his victim, or
(4) Wears a hood, robe or mask or conceals his identity, or
(5) Commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in Section
33A-1 of the "Criminal Code of 1961", or
(6) Commits the offense of kidnaping while armed with a
firearm, or
(7) During the commission of the offense of kidnaping,
personally discharged a firearm, or
(8) During the commission of the offense of kidnaping,
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
As used in this Section, "ransom" includes money, benefit or
HOUSE OF REPRESENTATIVES 4441
other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of paragraph
(1), (2), (3), (4), or (5) of subsection (a) is a Class X felony. A
violation of subsection (a)(6) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(7) is a Class X felony for which 20 years
shall be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(8) is a Class X felony for which 25 years
or up to a term of natural life shall be added to the term of
imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense of
aggravated kidnaping shall be sentenced to a term of natural life
imprisonment; provided, however, that a sentence of natural life
imprisonment shall not be imposed under this Section unless the
second or subsequent offense was committed after conviction on the
first offense.
(Source: P.A. 89-707, eff. 6-1-97.)
(720 ILCS 5/12-4.3) (from Ch. 38, par. 12-4.3)
Sec. 12-4.3. Aggravated battery of a child.
(a) Any person of the age 18 years and upwards who intentionally
or knowingly, and without legal justification and by any means,
causes great bodily harm or permanent disability or disfigurement to
any child under the age of 13 years or to any institutionalized
severely or profoundly mentally retarded person, commits the offense
of aggravated battery of a child.
(b) Aggravated battery of a child is a Class X felony, except
that:
(1) if the person committed the offense while armed with a
firearm, 15 years shall be added to the term of imprisonment
imposed by the court;
(2) if, during the commission of the offense, the person
personally discharged a firearm, 20 years shall be added to the
term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the person
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term of natural life
shall be added to the term of imprisonment imposed by the court.
(Source: P.A. 89-313, eff. 1-1-96.)
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
Sec. 12-11. Home Invasion.
(a) A person who is not a peace officer acting in the line of
duty commits home invasion when without authority he or she knowingly
enters the dwelling place of another when he or she knows or has
reason to know that one or more persons is present or he or she
knowingly enters the dwelling place of another and remains in such
dwelling place until he or she knows or has reason to know that one
or more persons is present and
(1) While armed with a dangerous weapon, other than a
firearm, uses force or threatens the imminent use of force upon
any person or persons within such dwelling place whether or not
injury occurs, or
(2) Intentionally causes any injury, except as provided in
subsection (a)(5), to any person or persons within such dwelling
place, or
(3) While armed with a firearm uses force or threatens the
imminent use of force upon any person or persons within such
dwelling place whether or not injury occurs, or
(4) Uses force or threatens the imminent use of force upon
any person or persons within such dwelling place whether or not
injury occurs and during the commission of the offense personally
4442 JOURNAL OF THE [May 14, 1999]
discharges a firearm, or
(5) Personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent disfigurement,
or death to another person within such dwelling place.
(b) It is an affirmative defense to a charge of home invasion
that the accused who knowingly enters the dwelling place of another
and remains in such dwelling place until he or she knows or has
reason to know that one or more persons is present either immediately
leaves such premises or surrenders to the person or persons lawfully
present therein without either attempting to cause or causing serious
bodily injury to any person present therein.
(c) Sentence. Home invasion in violation of subsection (a)(1)
or (a)(2) is a Class X felony. A violation of subsection (a)(3) is a
Class X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(4)
is a Class X felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection (a)(5)
is a Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by the court.
(d) For purposes of this Section, "dwelling place of another"
includes a dwelling place where the defendant maintains a tenancy
interest but from which the defendant has been barred by a divorce
decree, judgment of dissolution of marriage, order of protection, or
other court order.
(Source: P.A. 90-787, eff. 8-14-98.)
(720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
Sec. 12-14. Aggravated Criminal Sexual Assault.
(a) The accused commits aggravated criminal sexual assault if he
or she commits criminal sexual assault and any of the following
aggravating circumstances existed during, or for the purposes of
paragraph (7) of this subsection (a) as part of the same course of
conduct as, the commission of the offense:
(1) the accused displayed, threatened to use, or used a
dangerous weapon, other than a firearm, or any object fashioned
or utilized in such a manner as to lead the victim under the
circumstances reasonably to believe it to be a dangerous weapon;
or
(2) the accused caused bodily harm, except as provided in
subsection (a)(10), to the victim; or
(3) the accused acted in such a manner as to threaten or
endanger the life of the victim or any other person; or
(4) the criminal sexual assault was perpetrated during the
course of the commission or attempted commission of any other
felony by the accused; or
(5) the victim was 60 years of age or over when the offense
was committed; or
(6) the victim was a physically handicapped person; or
(7) the accused delivered (by injection, inhalation,
ingestion, transfer of possession, or any other means) to the
victim without his or her consent, or by threat or deception, and
for other than medical purposes, any controlled substance; or.
(8) the accused was armed with a firearm; or
(9) the accused personally discharged a firearm during the
commission of the offense; or
(10) the accused, during the commission of the offense,
personally discharged a firearm that proximately caused great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) The accused commits aggravated criminal sexual assault if
the accused was under 17 years of age and (i) commits an act of
sexual penetration with a victim who was under 9 years of age when
HOUSE OF REPRESENTATIVES 4443
the act was committed; or (ii) commits an act of sexual penetration
with a victim who was at least 9 years of age but under 13 years of
age when the act was committed and the accused used force or threat
of force to commit the act.
(c) The accused commits aggravated criminal sexual assault if he
or she commits an act of sexual penetration with a victim who was an
institutionalized severely or profoundly mentally retarded person at
the time the act was committed.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (a)
is a Class X felony. A violation of subsection (a)(8) is a Class
X felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection
(a)(9) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years or up
to a term of natural life imprisonment shall be added to the term
of imprisonment imposed by the court.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual assault
after having previously been convicted of the offense of criminal
sexual assault or the offense of predatory criminal sexual
assault of a child, or who is convicted of the offense of
aggravated criminal sexual assault after having previously been
convicted under the laws of this or any other state of an offense
that is substantially equivalent to the offense of criminal
sexual assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a child,
shall be sentenced to a term of natural life imprisonment. The
commission of the second or subsequent offense is required to
have been after the initial conviction for this paragraph (2) to
apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/12-14.1)
Sec. 12-14.1. Predatory criminal sexual assault of a child.
(a) The accused commits predatory criminal sexual assault of a
child if:
(1) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed; or
(1.1) the accused was 17 years of age or over and, while
armed with a firearm, commits an act of sexual penetration with a
victim who was under 13 years of age when the act was committed;
or
(1.2) the accused was 17 years of age or over and commits
an act of sexual penetration with a victim who was under 13 years
of age when the act was committed and, during the commission of
the offense, the accused personally discharged a firearm; or
(2) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused caused great
bodily harm to the victim that:
(A) resulted in permanent disability; or
(B) was life threatening; or
(3) the accused was 17 years of age or over and commits an
act of sexual penetration with a victim who was under 13 years of
age when the act was committed and the accused delivered (by
injection, inhalation, ingestion, transfer of possession, or any
4444 JOURNAL OF THE [May 14, 1999]
other means) to the victim without his or her consent, or by
threat or deception, and for other than medical purposes, any
controlled substance.
(b) Sentence.
(1) A person convicted of a violation of subsection (a)(1)
commits a Class X felony. A person convicted of a violation of
subsection (a)(1.1) commits a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the court.
A person convicted of a violation of subsection (a)(1.2) commits
a Class X felony for which 20 years shall be added to the term of
imprisonment imposed by the court. A person convicted of a
violation of subsection (a)(2) commits a Class X felony for which
the person shall be sentenced to a term of imprisonment of not
less than 50 years or up to a term of natural life imprisonment.
A person convicted of a violation of subsection (a)(2) or (a) (3)
commits a Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 50 years and not more
than 60 years.
(2) A person who is convicted of a second or subsequent
offense of predatory criminal sexual assault of a child, or who
is convicted of the offense of predatory criminal sexual assault
of a child after having previously been convicted of the offense
of criminal sexual assault or the offense of aggravated criminal
sexual assault, or who is convicted of the offense of predatory
criminal sexual assault of a child after having previously been
convicted under the laws of this State or any other state of an
offense that is substantially equivalent to the offense of
predatory criminal sexual assault of a child, the offense of
aggravated criminal sexual assault or the offense of criminal
sexual assault, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent offense
is required to have been after the initial conviction for this
paragraph (2) to apply.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-396,
eff. 1-1-98; 90-735, eff. 8-11-98.)
(720 ILCS 5/18-2) (from Ch. 38, par. 18-2)
Sec. 18-2. Armed robbery.
(a) A person commits armed robbery when he or she violates
Section 18-1; and
(1) while he or she carries on or about his or her person,
or is otherwise armed with a dangerous weapon other than a
firearm; or
(2) he or she carries on or about his or her person or is
otherwise armed with a firearm; or
(3) he or she, during the commission of the offense,
personally discharges a firearm; or
(4) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) Sentence.
Armed robbery in violation of subsection (a)(1) is a Class X
felony. A violation of subsection (a)(2) is a Class X felony for
which 15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(3) is a Class X felony for
which 20 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(4) is a Class X felony for
which 25 years or up to a term of natural life shall be added to the
term of imprisonment imposed by the court.
(Source: P.A. 80-1099.)
(720 ILCS 5/18-4)
HOUSE OF REPRESENTATIVES 4445
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he or
she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a physically handicapped person or a person
60 years of age or over; or
(2) a person under 16 years of age is a passenger in the
motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or is
otherwise armed with a dangerous weapon, other than a firearm; or
(4) he or she carries on or about his or her person or is
otherwise armed with a firearm; or
(5) he or she, during the commission of the offense,
personally discharges a firearm; or
(6) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes great
bodily harm, permanent disability, permanent disfigurement, or
death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation of
subsections (a)(1) or (a)(2) is a Class X felony. Aggravated
vehicular hijacking in violation of subsection (a)(3) is a Class X
felony for which a term of imprisonment of not less than 7 years
shall be imposed. Aggravated vehicular hijacking in violation of
subsection (a)(4) is a Class X felony for which 15 years shall be
added to the term of imprisonment imposed by the court. Aggravated
vehicular hijacking in violation of subsection (a)(5) is a Class X
felony for which 20 years shall be added to the term of imprisonment
imposed by the court. Aggravated vehicular hijacking in violation of
subsection (a)(6) is a Class X felony for which 25 years or up to a
term of natural life shall be added to the term of imprisonment
imposed by the court.
(Source: P.A. 88-351.)
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and declares the
following:
(1) The use of a dangerous weapon in the commission of a
felony offense poses a much greater threat to the public health,
safety, and general welfare, then when a weapon is not used in
the commission of the offense.
(2) Further, the use of a firearm greatly facilitates the
commission of a criminal offense because of the more lethal
nature of a firearm and the greater perceived threat produced in
those confronted by a person wielding a firearm. Unlike other
dangerous weapons such as knives and clubs, the use of a firearm
in the commission of a criminal felony offense significantly
escalates the threat and the potential for bodily harm, and the
greater range of the firearm increases the potential for harm to
more persons. Not only are the victims and bystanders at greater
risk when a firearm is used, but also the law enforcement
officers whose duty is to confront and apprehend the armed
suspect.
(3) Current law does contain offenses involving the use or
discharge of a gun toward or against a person, such as aggravated
battery with a firearm, aggravated discharge of a firearm, and
reckless discharge of a firearm; however, the General Assembly
has legislated greater penalties for the commission of a felony
while in possession of a firearm because it deems such acts as
more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the commission
4446 JOURNAL OF THE [May 14, 1999]
of a felony offense, the General Assembly deems it appropriate
for a greater penalty to be imposed when a firearm is used or
discharged in the commission of an offense than the penalty
imposed for using other types of weapons and for the penalty to
increase on more serious offenses.
(2) With the additional elements of the discharge of a
firearm and great bodily harm inflicted by a firearm being added
to armed violence and other serious felony offenses, it is the
intent of the General Assembly to punish those elements more
severely during commission of a felony offense than when those
elements stand alone as the act of the offender.
(3) It is the intent of the 91st General Assembly that
should Public Act 88-680 be declared unconstitutional for a
violation of Article 4, Section 8 of the 1970 Constitution of the
State of Illinois, the amendatory changes made by Public Act
88-680 to Article 33A of the Criminal Code of 1961 and which are
set forth as law in this amendatory Act of the 91st General
Assembly are hereby reenacted by this amendatory Act of the 91st
General Assembly.
(c) Definitions.
(1) (a) "Armed with a dangerous weapon". A person is
considered armed with a dangerous weapon for purposes of this
Article, when he or she carries on or about his or her person or
is otherwise armed with a Category I, Category II, or Category
III weapon.
(2) (b) A Category I weapon is a handgun, sawed-off
shotgun, sawed-off rifle, any other firearm small enough to be
concealed upon the person, semiautomatic firearm, or machine gun.
A Category II weapon is any other rifle, shotgun, spring gun,
other firearm, stun gun or taser as defined in paragraph (a) of
Section 24-1 of this Code, knife with a blade of at least 3
inches in length, dagger, dirk, switchblade knife, stiletto,
axe, hatchet, or other deadly or dangerous weapon or instrument
of like character. As used in this subsection (b) "semiautomatic
firearm" means a repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case
and chamber the next round and that requires a separate pull of
the trigger to fire each cartridge.
t (3) (c) A Category III weapon is a bludgeon, black-jack,
slungshot, sand-bag, sand-club, metal knuckles, billy, or other
dangerous weapon of like character.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
Sec. 33A-2. Armed violence-Elements of the offense.
(a) A person commits armed violence when, while armed with a
dangerous weapon, he commits any felony defined by Illinois Law,
except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, aggravated
kidnaping, aggravated battery of a child, home invasion, armed
robbery, or aggravated vehicular hijacking.
(b) A person commits armed violence when he or she personally
discharges a firearm that is a Category I or Category II weapon while
committing any felony defined by Illinois law, except first degree
murder, attempted first degree murder, intentional homicide of an
unborn child, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated kidnaping, aggravated
battery of a child, home invasion, armed robbery, or aggravated
vehicular hijacking.
(c) A person commits armed violence when he or she personally
discharges a firearm that is a Category I or Category II weapon that
HOUSE OF REPRESENTATIVES 4447
proximately causes great bodily harm, permanent disability, or
permanent disfigurement or death to another person while committing
any felony defined by Illinois law, except first degree murder,
attempted first degree murder, intentional homicide of an unborn
child, predatory criminal sexual assault of a child, aggravated
criminal sexual assault, aggravated kidnaping, aggravated battery of
a child, home invasion, armed robbery, or aggravated vehicular
hijacking.
(d) This Section does not apply to violations of the Fish and
Aquatic Life Code or the Wildlife Code.
(Source: P.A. 80-1099.)
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) 33A-2 with a Category I weapon
is a Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) 33A-2 with a Category II
weapon is a Class X felony for which the defendant shall be sentenced
to a minimum term of imprisonment of 10 years.
(b) Violation of Section 33A-2(a) 33A-2 with a Category III
weapon is a Class 2 felony or the felony classification provided for
the same act while unarmed, whichever permits the greater penalty.
A second or subsequent violation of Section 33A-2(a) 33A-2 with a
Category III weapon is a Class 1 felony or the felony classification
provided for the same act while unarmed, whichever permits the
greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a minimum term of imprisonment of 20
years.
(b-10) Violation of Section 33A-2(c) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a term of imprisonment of not less
than 25 years nor more than 40 years.
(c) Unless sentencing under Section 33B-1 is applicable, any
person who violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or federal
court of 3 or more of the following offenses: treason, first degree
murder, second degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery resulting in
great bodily harm or permanent disability or disfigurement, or a
violation of Section 401(a) of the Illinois Controlled Substances
Act, when the third offense was committed after conviction on the
second, the second offense was committed after conviction on the
first, and the violation of Section 33A-2 was committed after
conviction on the third, shall be sentenced to a term of imprisonment
of not less than 25 years nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10) or (c) of
this Section, a person who violates Section 33A-2(a) with a firearm
that is a Category I weapon or Section 33A-2(b) in any school, in any
conveyance owned, leased, or contracted by a school to transport
students to or from school or a school related activity, or on the
real property comprising any school or public park, and where the
offense was related to the activities of an organized gang, shall be
sentenced to a term of imprisonment of not less than the term set
forth in subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of this
subsection (c-5), "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
4448 JOURNAL OF THE [May 14, 1999]
(d) For armed violence based upon a predicate offense listed in
this subsection (d) the court shall enter the sentence for armed
violence to run consecutively to the sentence imposed for the
predicate offense. The offenses covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery,
(iv) aggravated battery of a senior citizen,
(v) criminal sexual assault,
(vi) a violation of subsection (g) of Section 5 of the
Cannabis Control Act,
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401 of the
Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a Class X
felony amount of controlled substance under Section 401 of the
Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy, or
(xi) streetgang criminal drug conspiracy.
(Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 5-5-3, 5-8-1, 5-8-4 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be sentenced as
provided in this Section.
(b) The following options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other than
those identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and repair
the damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961.
(6) A fine.
(7) An order directing the offender to make restitution to
the victim under Section 5-5-6 of this Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
treatment or education, neither the treatment nor the education shall
be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment recommendations
contained in the professional evaluation. Programs conducting
alcohol or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may accept an
alcohol or other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing treatment
must be licensed under existing applicable alcoholism and drug
treatment licensure standards.
In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of local ordinance, whose
HOUSE OF REPRESENTATIVES 4449
operation of a motor vehicle while in violation of Section 11-501 or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make restitution
to a public agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each such
emergency response. For the purpose of this paragraph, emergency
response shall mean any incident requiring a response by: a police
officer as defined under Section 1-162 of the Illinois Vehicle Code;
a fireman carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of the
Emergency Medical Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction with
another disposition.
(c) (1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony within 10
years of the date on which he committed the offense for
which he is being sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as otherwise
provided in subsection (e) of this Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that encourages
members of the association to perpetrate crimes or provides
support to the members of the association who do commit
crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
4450 JOURNAL OF THE [May 14, 1999]
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal Code
of 1961.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961.
(Q) A violation of Section 20-1.2 of the Criminal Code
of 1961.
(R) (Q) A violation of Section 24-3A of the Criminal
Code of 1961.
(3) A minimum term of imprisonment of not less than 48
consecutive hours or 100 hours of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court,
shall be imposed for a violation of Section 11-501 of the
Illinois Vehicle Code during a period in which the defendant's
driving privileges are revoked or suspended, where the revocation
or suspension was for a violation of Section 11-501 or Section
11-501.1 of that Code.
(5) The court may sentence an offender convicted of a
business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he was serving a term of probation or
conditional discharge for a felony.
(7) When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice been
convicted of any Class 2 or greater Class felonies in Illinois,
and such charges are separately brought and tried and arise out
of different series of acts, such defendant shall be sentenced as
a Class X offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) Beginning July 1, 1994, unless sentencing under
Section 33B-1 is applicable, a term of imprisonment of not less
HOUSE OF REPRESENTATIVES 4451
than 15 years nor more than 50 years shall be imposed on a
defendant who violates Section 33A-2 of the Criminal Code of 1961
with a firearm, when that person has been convicted in any state
or federal court of 3 or more of the following offenses: treason,
first degree murder, second degree murder, aggravated criminal
sexual assault, criminal sexual assault, robbery, burglary,
arson, kidnaping, aggravated battery resulting in great bodily
harm or permanent disability or disfigurement, or a violation of
Section 401(a) of the Illinois Controlled Substances Act, when
the third offense was committed after conviction on the second,
the second offense was committed after conviction on the first,
and the violation of Section 33A-2 of the Criminal Code of 1961
was committed after conviction on the third.
(11) Beginning July 1, 1994, a term of imprisonment of not
less than 10 years and not more than 30 years shall be imposed on
a defendant who violates Section 33A-2 with a Category I weapon
where the offense was committed in any school, or any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, on the real property
comprising any school or public park, and where the offense was
related to the activities of an organized gang. For the purposes
of this paragraph (11), "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified Code of
Corrections which may include evidence of the defendant's life, moral
character and occupation during the time since the original sentence
was passed. The trial court shall then impose sentence upon the
defendant. The trial court may impose any sentence which could have
been imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of the
Criminal Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the
victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a court
approved plan including but not limited to the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
(v) compliance with any other measures that the
court may deem appropriate; and
(2) the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the defendant
violated a condition of his or her probation restricting contact with
the victim or other family members or commits another offense with
4452 JOURNAL OF THE [May 14, 1999]
the victim or other family members, the court shall revoke the
defendant's probation and impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.
(f) This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961, the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible
disease, including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall be
performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an
examination of the defendant's person. Except as otherwise provided
by law, the results of such test shall be kept strictly confidential
by all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the court
in which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The
court shall notify the defendant of the test results. The court
shall also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or legal guardian of the test results. The court shall
provide information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to whom the
results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court shall grant
the disclosure if the State's Attorney shows it is relevant in order
to prosecute a charge of criminal transmission of HIV under Section
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public Health
including but not limited to tuberculosis, the results of the test
shall be personally delivered by the warden or his or her designee in
a sealed envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by the
judge. Acting in accordance with the best interests of those in the
courtroom, the judge shall have the discretion to determine what if
any precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in
a sealed envelope to the judge of the court in which the conviction
HOUSE OF REPRESENTATIVES 4453
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the public, the judge shall
have the discretion to determine to whom, if anyone, the results of
the testing may be revealed. The court shall notify the defendant of
a positive test showing an infection with the human immunodeficiency
virus (HIV). The court shall provide information on the availability
of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are
revealed and shall direct the State's Attorney to provide the
information to the victim when possible. A State's Attorney may
petition the court to obtain the results of any HIV test administered
under this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11-6,
11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any
violation of the Illinois Controlled Substances Act, or any violation
of the Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under Section 10
of the Cannabis Control Act or Section 410 of the Illinois Controlled
Substance Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the
Child Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court shall order
the Clerk of the Court to send a copy of the judgment of conviction
or order of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school, the
Clerk of the Court shall direct the mailing of a copy of the judgment
of conviction or order of supervision or probation to the appropriate
regional superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any notification
under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a
felony and who has not been previously convicted of a misdemeanor or
felony and who is sentenced to a term of imprisonment in the Illinois
Department of Corrections shall as a condition of his or her sentence
be required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational
training required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition of
mandatory supervised release, require the defendant, at his or her
own expense, to pursue a course of study toward a high school diploma
or passage of the GED test. The Prisoner Review Board shall revoke
the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from
4454 JOURNAL OF THE [May 14, 1999]
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the defendant
after making a good faith effort to obtain financial aid or pay for
the educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant whose
mandatory supervised release term has been revoked under this
subsection (j-5) as provided in Section 3-3-9. This subsection (j-5)
does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (j-5) does not
apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or
injected with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of subsection (l),
whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the Attorney
General of the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act or Section 410 of
the Illinois Controlled Substances Act, the court may, upon
motion of the State's Attorney to suspend the sentence imposed,
commit the defendant to the custody of the Attorney General of
the United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the custody
of the county from which he or she was sentenced. Thereafter, the
defendant shall be brought before the sentencing court, which may
impose any sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant shall not
be eligible for additional good conduct credit for meritorious
service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property under
Section 21-1.3 of the Criminal Code of 1961, in which the property
damage exceeds $300 and the property damaged is a school building,
shall be ordered to perform community service that may include
cleanup, removal, or painting over the defacement.
HOUSE OF REPRESENTATIVES 4455
(Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96; 89-428, eff.
12-13-95; 89-462, eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff.
7-1-97; 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
1-1-97; 89-688, eff. 6-1-97; 90-14, eff. 7-1-97; 90-68, eff. 7-8-97;
90-680, eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
revised 9-16-98.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Sentence of Imprisonment for Felony.
(a) Except as otherwise provided in the statute defining the
offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section, according
to the following limitations:
(1) for first degree murder,
(a) a term shall be not less than 20 years and not
more than 60 years, or
(b) if the court finds that the murder was accompanied
by exceptionally brutal or heinous behavior indicative of
wanton cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) of Section 9-1 of the
Criminal Code of 1961 are present, the court may sentence
the defendant to a term of natural life imprisonment, or
(c) the court shall sentence the defendant to a term
of natural life imprisonment when the death penalty is not
imposed if the defendant,
(i) has previously been convicted of first degree
murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of 17 or
more and is found guilty of murdering an individual
under 12 years of age; or, irrespective of the
defendant's age at the time of the commission of the
offense, is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer or fireman when the peace officer or fireman
was killed in the course of performing his official
duties, or to prevent the peace officer or fireman from
performing his official duties, or in retaliation for
the peace officer or fireman performing his official
duties, and the defendant knew or should have known
that the murdered individual was a peace officer or
fireman, or
(iv) is found guilty of murdering an employee of
an institution or facility of the Department of
Corrections, or any similar local correctional agency,
when the employee was killed in the course of
performing his official duties, or to prevent the
employee from performing his official duties, or in
retaliation for the employee performing his official
duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician
- paramedic, ambulance driver or other medical
assistance or first aid person while employed by a
municipality or other governmental unit when the person
was killed in the course of performing official duties
or to prevent the person from performing official
duties or in retaliation for performing official duties
and the defendant knew or should have known that the
4456 JOURNAL OF THE [May 14, 1999]
murdered individual was an emergency medical technician
- ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistant or first
aid personnel, or
(vi) is a person who, at the time of the
commission of the murder, had not attained the age of
17, and is found guilty of murdering a person under 12
years of age and the murder is committed during the
course of aggravated criminal sexual assault, criminal
sexual assault, or aggravated kidnaping, or
(vii) is found guilty of first degree murder and
the murder was committed by reason of any person's
activity as a community policing volunteer or to
prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
1961.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician - paramedic",
have the meanings ascribed to them in the Emergency Medical
Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to the
term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20 years
shall be added to the term of imprisonment imposed by
the court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed
by the court.
(1.5) for second degree murder, a term shall be not less
than 4 years and not more than 20 years;
(2) for a person adjudged a habitual criminal under Article
33B of the Criminal Code of 1961, as amended, the sentence shall
be a term of natural life imprisonment;
(2.5) for a person convicted under the circumstances
described in paragraph (3) of subsection (b) of Section 12-13,
paragraph (2) of subsection (d) of Section 12-14, or paragraph
(2) of subsection (b) of Section 12-14.1 of the Criminal Code of
1961, the sentence shall be a term of natural life imprisonment;
(3) except as otherwise provided in the statute defining
the offense, for a Class X felony, the sentence shall be not less
than 6 years and not more than 30 years;
(4) for a Class 1 felony, other than second degree murder,
the sentence shall be not less than 4 years and not more than 15
years;
(5) for a Class 2 felony, the sentence shall be not less
than 3 years and not more than 7 years;
(6) for a Class 3 felony, the sentence shall be not less
than 2 years and not more than 5 years;
(7) for a Class 4 felony, the sentence shall be not less
than 1 year and not more than 3 years.
(b) The sentencing judge in each felony conviction shall set
HOUSE OF REPRESENTATIVES 4457
forth his reasons for imposing the particular sentence he enters in
the case, as provided in Section 5-4-1 of this Code. Those reasons
may include any mitigating or aggravating factors specified in this
Code, or the lack of any such circumstances, as well as any other
such factors as the judge shall set forth on the record that are
consistent with the purposes and principles of sentencing set out in
this Code.
(c) A motion to reduce a sentence may be made, or the court may
reduce a sentence without motion, within 30 days after the sentence
is imposed. A defendant's challenge to the correctness of a sentence
or to any aspect of the sentencing hearing shall be made by a written
motion filed within 30 days following the imposition of sentence.
However, the court may not increase a sentence once it is imposed.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, the proponent of the
motion shall exercise due diligence in seeking a determination on the
motion and the court shall thereafter decide such motion within a
reasonable time.
If a motion filed pursuant to this subsection is timely filed
within 30 days after the sentence is imposed, then for purposes of
perfecting an appeal, a final judgment shall not be considered to
have been entered until the motion to reduce a sentence has been
decided by order entered by the trial court.
A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with the
circuit court clerk within 30 days after the sentence is imposed
together with a notice of motion, which notice of motion shall set
the motion on the court's calendar on a date certain within a
reasonable time after the date of filing.
(d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in addition
to the term of imprisonment. For those sentenced under the law in
effect prior to February 1, 1978, such term shall be identified as a
parole term. For those sentenced on or after February 1, 1978, such
term shall be identified as a mandatory supervised release term.
Subject to earlier termination under Section 3-3-8, the parole or
mandatory supervised release term shall be as follows:
(1) for first degree murder or a Class X felony, 3 years;
(2) for a Class 1 felony or a Class 2 felony, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year.
(e) A defendant who has a previous and unexpired sentence of
imprisonment imposed by another state or by any district court of the
United States and who, after sentence for a crime in Illinois, must
return to serve the unexpired prior sentence may have his sentence by
the Illinois court ordered to be concurrent with the prior sentence
in the other state. The court may order that any time served on the
unexpired portion of the sentence in the other state, prior to his
return to Illinois, shall be credited on his Illinois sentence. The
other state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is released from
confinement of the other state, whether by parole or by termination
of sentence, the offender shall be transferred by the Sheriff of the
committing county to the Illinois Department of Corrections. The
court shall cause the Department of Corrections to be notified of
such sentence at the time of commitment and to be provided with
copies of all records regarding the sentence.
(f) A defendant who has a previous and unexpired sentence of
imprisonment imposed by an Illinois circuit court for a crime in this
State and who is subsequently sentenced to a term of imprisonment by
another state or by any district court of the United States and who
has served a term of imprisonment imposed by the other state or
4458 JOURNAL OF THE [May 14, 1999]
district court of the United States, and must return to serve the
unexpired prior sentence imposed by the Illinois Circuit Court may
apply to the court which imposed sentence to have his sentence
reduced.
The circuit court may order that any time served on the sentence
imposed by the other state or district court of the United States be
credited on his Illinois sentence. Such application for reduction of
a sentence under this subsection (f) shall be made within 30 days
after the defendant has completed the sentence imposed by the other
state or district court of the United States.
(Source: P.A. 89-203, eff. 7-21-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96; 90-396, eff. 1-1-98; 90-651, eff. 1-1-99.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and Consecutive Terms of Imprisonment.
(a) When multiple sentences of imprisonment are imposed on a
defendant at the same time, or when a term of imprisonment is imposed
on a defendant who is already subject to sentence in this State or in
another state, or for a sentence imposed by any district court of the
United States, the sentences shall run concurrently or consecutively
as determined by the court. When a term of imprisonment is imposed on
a defendant by an Illinois circuit court and the defendant is
subsequently sentenced to a term of imprisonment by another state or
by a district court of the United States, the Illinois circuit court
which imposed the sentence may order that the Illinois sentence be
made concurrent with the sentence imposed by the other state or
district court of the United States. The defendant must apply to the
circuit court within 30 days after the defendant's sentence imposed
by the other state or district of the United States is finalized. The
court shall not impose consecutive sentences for offenses which were
committed as part of a single course of conduct during which there
was no substantial change in the nature of the criminal objective,
unless:
(i), one of the offenses for which defendant was convicted
was a Class X or Class 1 felony and the defendant inflicted
severe bodily injury, or
(ii) where the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1 of the Criminal Code of 1961, or
(iii) the defendant was convicted of armed violence based
upon the predicate offense of solicitation of murder,
solicitation of murder for hire, heinous battery, aggravated
battery of a senior citizen, criminal sexual assault, a violation
of subsection (g) of Section 5 of the Cannabis Control Act,
cannabis trafficking, a violation of subsection (a) of Section
401 of the Illinois Controlled Substances Act, controlled
substance trafficking involving a Class X felony amount of
controlled substance under Section 401 of the Illinois Controlled
Substances Act, calculated criminal drug conspiracy, or
streetgang criminal drug conspiracy,
in which event the court shall enter sentences to run consecutively.
Sentences shall run concurrently unless otherwise specified by the
court.
(b) The court shall not impose a consecutive sentence except as
provided for in subsection (a) unless, having regard to the nature
and circumstances of the offense and the history and character of the
defendant, it is of the opinion that such a term is required to
protect the public from further criminal conduct by the defendant,
the basis for which the court shall set forth in the record; except
that no such finding or opinion is required when multiple sentences
of imprisonment are imposed on a defendant for offenses that were not
committed as part of a single course of conduct during which there
was no substantial change in the nature of the criminal objective,
HOUSE OF REPRESENTATIVES 4459
and one of the offenses for which the defendant was convicted was a
Class X or Class 1 felony and the defendant inflicted severe bodily
injury, or when the defendant was convicted of a violation of Section
12-13, 12-14, or 12-14.1 of the Criminal Code of 1961, or where the
defendant was convicted of armed violence based upon the predicate
offense of solicitation of murder, solicitation of murder for hire,
heinous battery, aggravated battery of a senior citizen, criminal
sexual assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act, cannabis trafficking, a violation of subsection
(a) of Section 401 of the Illinois Controlled Substances Act,
controlled substance trafficking involving a Class X felony amount of
controlled substance under Section 401 of the Illinois Controlled
Substances Act, calculated criminal drug conspiracy, or streetgang
criminal drug conspiracy, in which event the Court shall enter
sentences to run consecutively.
(c) (1) For sentences imposed under law in effect prior to
February 1, 1978 the aggregate maximum of consecutive sentences
shall not exceed the maximum term authorized under Section 5-8-1
for the 2 most serious felonies involved. The aggregate minimum
period of consecutive sentences shall not exceed the highest
minimum term authorized under Section 5-8-1 for the 2 most
serious felonies involved. When sentenced only for misdemeanors,
a defendant shall not be consecutively sentenced to more than the
maximum for one Class A misdemeanor.
(2) For sentences imposed under the law in effect on or
after February 1, 1978, the aggregate of consecutive sentences
for offenses that were committed as part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective shall not exceed the sum of the
maximum terms authorized under Section 5-8-2 for the 2 most
serious felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective. When sentenced only for
misdemeanors, a defendant shall not be consecutively sentenced to
more than the maximum for one Class A misdemeanor.
(d) An offender serving a sentence for a misdemeanor who is
convicted of a felony and sentenced to imprisonment shall be
transferred to the Department of Corrections, and the misdemeanor
sentence shall be merged in and run concurrently with the felony
sentence.
(e) In determining the manner in which consecutive sentences of
imprisonment, one or more of which is for a felony, will be served,
the Department of Corrections shall treat the offender as though he
had been committed for a single term with the following incidents:
(1) the maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the imposed
determinate sentences for felonies plus the aggregate of the
imposed determinate sentences for misdemeanors subject to
paragraph (c) of this Section;
(2) the parole or mandatory supervised release term shall
be as provided in paragraph (e) of Section 5-8-1 of this Code for
the most serious of the offenses involved;
(3) the minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of imprisonment
imposed by the court, subject to paragraph (c) of this Section;
and
(4) the offender shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since the
4460 JOURNAL OF THE [May 14, 1999]
commission of the offense or offenses and as a consequence
thereof at the rate specified in Section 3-6-3 of this Code.
(f) A sentence of an offender committed to the Department of
Corrections at the time of the commission of the offense shall be
served consecutive to the sentence under which he is held by the
Department of Corrections. However, in case such offender shall be
sentenced to punishment by death, the sentence shall be executed at
such time as the court may fix without regard to the sentence under
which such offender may be held by the Department.
(g) A sentence under Section 3-6-4 for escape or attempted
escape shall be served consecutive to the terms under which the
offender is held by the Department of Corrections.
(h) If a person charged with a felony commits a separate felony
while on pre-trial release or in pretrial detention in a county jail
facility or county detention facility, the sentences imposed upon
conviction of these felonies shall be served consecutively regardless
of the order in which the judgments of conviction are entered.
(i) If a person admitted to bail following conviction of a
felony commits a separate felony while free on bond or if a person
detained in a county jail facility or county detention facility
following conviction of a felony commits a separate felony while in
detention, any sentence following conviction of the separate felony
shall be consecutive to that of the original sentence for which the
defendant was on bond or detained.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-128,
eff. 7-22-97.)".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 31 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 63
A bill for AN ACT in relation to real estate.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 63.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 63 as follows:
on page 1, line 10, by replacing "authorities" with "owners"; and
on page 1, line 17, by replacing "Revolving Fund" with "Program"; and
on page 1, by deleting line 19; and
on page 1, line 20, by replacing "and DuPage," with "owners"; and
on page 1, line 22, after "needs", by inserting the following:
HOUSE OF REPRESENTATIVES 4461
", subject to the following conditions:
(1) loans may be made only to public airport owners that
are operating an airport as of January 1, 1999; and
(2) loans may not be made for airports that provide
scheduled commercial air service in counties of greater than
5,000,000 population"; and
on page 2, line 6, after "Reserve", by inserting "Board"; and
on page 3, immediately below line 17, by inserting the following:
"(c) The Department may promulgate any rules that it finds
appropriate to implement this Airport Land Loan Program."; and
on page 3, line 18, by replacing "(c)" with "(d)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 63 was placed on the Calnedar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 80
A bill for AN ACT to amend the Higher Education Student
Assistance Act by changing Section 30.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 80.
Senate Amendment No. 2 to HOUSE BILL NO. 80.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 80 by replacing the title with
the following:
"AN ACT to amend the Higher Education Student Assistance Act by
adding Section 31 and repealing Sections 25 and 30."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Higher Education Student Assistance Act is
amended by adding Section 31 as follows:
(110 ILCS 947/31 new)
Sec. 31. Illinois Merit Scholarship program.
(a) As used in this Section:
"Eligible applicant" means a student from any high school in this
State, either approved by or not recognized by the State Board of
Education, who is engaged in a program of study that in due course
will be completed by the end of the academic year, and (i) whose
cumulative high school grade point average is at or above the 95th
percentile of his or her high school class after completion of the
6th semester of a high school program of instruction or (ii) whose
score on a standardized examination determined by the Commission,
4462 JOURNAL OF THE [May 14, 1999]
taken before or during the 6th semester of high school, is at or
above the 95th percentile of students in the State who take the
standardized college entrance examination. These high school students
are all eligible to receive a scholarship to be awarded under this
Section.
"Qualified student" means a person:
(1) who is a resident of this State and a citizen or
permanent resident of the United States;
(2) who, as an eligible applicant, is in good academic
standing at the high school in which he or she is enrolled and
has made a timely application for an Illinois Merit Scholarship
under this Section;
(3) who has successfully completed the program of
instruction at any high school located in this State; and
(4) who enrolls or is enrolled in a qualified Illinois
institution of higher learning or a Service Academy as an
undergraduate student or cadet and has not received a
baccalaureate degree.
"Illinois Merit Scholarship" means a $1,000 academic scholarship
awarded under this Section during an academic year to a qualified
student, without regard to financial need, as a scholarship to any
qualified Illinois institution of higher learning or a Service
Academy in which the student is or will be enrolled as an
undergraduate student or cadet.
"Service Academy" means the U.S. Air Force Academy, the U.S.
Coast Guard Academy, the U.S. Military Academy, or the U.S. Naval
Academy.
(b) In order to identify, encourage, promote, and reward the
distinguished academic achievement of students from every high school
located in this State, each qualified student shall be awarded an
Illinois Merit Scholarship by the Illinois Student Assistance
Commission to any qualified Illinois institution of higher learning
or to any Service Academy.
(c) No Illinois Merit Scholarship provided for a qualified
student under this Section shall be considered in evaluating the
financial situation of that student or be deemed a financial resource
of or a form of financial aid or assistance to that student, for
purposes of determining the eligibility of the student for any
scholarship, grant, or monetary assistance awarded by the Commission,
the State, or any agency thereof pursuant to the provisions of any
other Section of this Act or any other law of this State; nor shall
any Illinois Merit Scholarship provided for a qualified student under
this Section reduce the amount of any scholarship, grant, or monetary
assistance that that student is eligible to be awarded by the
Commission, the State, or any agency thereof in accordance with the
provisions of any other Section of this Act or any other law of this
State.
(d) The Illinois Student Assistance Commission is designated as
administrator of the Illinois Merit Scholarship program. Each high
school located in this State shall certify to the Commission the
names of its students who are eligible applicants, specifying which
of the students certified as eligible applicants have completed the
program of instruction at that high school and the graduation date
fixed for their high school class and specifying for each of the
other eligible applicants whose names appear on the certification the
semester of high school last completed by them. The Commission shall
promptly notify those eligible applicants so certified who are
reasonably assured of receiving an Illinois Merit Scholarship in
accordance with the annual funding levels recommended in the
Governor's budget of their eligibility to apply for a scholarship
under this Section, other than any eligible applicant named on any
HOUSE OF REPRESENTATIVES 4463
such certification who, as an eligible applicant, has previously made
application to the Commission for an Illinois Merit Scholarship under
this Section. An otherwise eligible applicant who fails to make a
timely application (as determined by the Commission) for an Illinois
Merit Scholarship under this Section shall no longer be deemed an
eligible applicant and shall not qualify for the award.
(e) All applications for Illinois Merit Scholarships to be
awarded under this Section shall be made to the Commission on forms
that the Commission shall provide for eligible applicants. The form
of applications and the information required to be set forth therein
shall be determined by the Commission, and the Commission shall
require eligible applicants to submit with their applications such
supporting documents as the Commission deems necessary.
(f) The names and addresses of Illinois Merit Scholarship
recipients are a matter of public record.
(g) Whenever an eligible applicant who has completed the program
of instruction at any high school located in this State thereafter
makes timely application to the Commission for an Illinois Merit
Scholarship under this Section, the Commission shall promptly
determine whether that eligible applicant is a qualified student as
defined in subsection (a) of this Section. Each such eligible
applicant so determined by the Commission to be a qualified student
shall be awarded an Illinois Merit Scholarship in the amount of
$1,000, effective exclusively during the academic year following the
qualified student's high school graduation, subject to appropriation
by the General Assembly.
(h) Subject to a separate appropriation for purposes of this
Section, payment of any Illinois Merit Scholarship awarded under this
Section shall be determined exclusively by the Commission. All
scholarship funds distributed in accordance with this subsection (h)
shall be paid to the qualified Illinois institution of higher
learning or Service Academy and used only for payment of the
educational expenses incurred by the student in connection with his
or her attendance as an undergraduate student or cadet at that
institution or Service Academy, including but not limited to tuition
and fees, room and board, books and supplies, required Service
Academy uniforms, and travel and personal expenses related to the
student's attendance at that institution or Service Academy. Any
Illinois Merit Scholarship awarded under this Section shall be
applicable to 2 semesters or 3 quarters of enrollment. Should a
qualified student withdraw from enrollment prior to completion of the
first semester or quarter for which the Illinois Merit Scholarship is
applicable, the student shall refund to the Commission the amount of
the scholarship received.
(i) The Commission shall administer the Illinois Merit
Scholarship program established by this Section and shall make all
necessary and proper rules, not inconsistent with this Section, for
its effective implementation.
(j) When an appropriation to the Commission for purposes of this
Section is insufficient to provide scholarships to all qualified
students, the Commission shall allocate the appropriation in
accordance with this subsection (j). If funds are insufficient to
provide all qualified students with a scholarship as authorized by
subsection (g) of this Section, the Commission shall allocate the
scholarships to qualified students in order of decreasing relative
academic rank, as determined by the Commission using a formula based
upon the qualified student's grade point average, score on the
appropriate statewide standardized examination, or a combination of
grade point average and standardized test score. All Illinois Merit
Scholarships awarded shall be in the amount of $1,000.
(k) The Commission, in determining the number of Illinois Merit
4464 JOURNAL OF THE [May 14, 1999]
Scholarships to be offered pursuant to subsection (j) of this
Section, shall take into consideration past experience with the rate
of merit scholarship funds unclaimed by qualified students. To the
extent necessary to avoid an over-commitment of funds, the Commission
may allocate scholarship funds on the basis of the date the
Commission receives a completed application form.
(110 ILCS 947/25 rep.)
(110 ILCS 947/30 rep.)
Section 10. The Higher Education Student Assistance Act is
amended by repealing Sections 25 and 30.
Section 99. Effective date. This Act takes effect July 1,
2000.".
AMENDMENT NO. 2. Amend House Bill 80, AS AMENDED, with reference
to page and line numbers of House Amendment No. 1, as follows:
on page 1, line 12, by replacing "Illinois Merit" with "Merit
Recognition"; and
on page 2, lines 12 and 13, by replacing "an Illinois Merit" with "a
Merit Recognition"; and
on page 2, line 20, by replacing "Illinois Merit" with "Merit
Recognition" and
on page 2, line 32, by replacing "an Illinois Merit" with "a Merit
Recognition"; and
on page 3, lines 2, 11, and 18 by replacing "Illinois Merit" each
time it appears with "Merit Recognition"; and
on page 3, line 29, by replacing "an Illinois Merit" with "a Merit
Recognition"; and
on page 3, line 34, by replacing "an Illinois" with "a"; and
on page 4, line 1, after "Merit", by inserting "Recognition"; and
on page 4, line 3, by replacing "an Illinois Merit" with "a Merit
Recognition"; and
on page 4, lines 6 and 14, by replacing "Illinois Merit" each time it
appears with "Merit Recognition"; and
on page 4, lines 19 and 24, by replacing "an Illinois Merit" each
time it appears with "a Merit Recognition"; and
on page 4, line 29, by replacing "Illinois Merit" with "Merit
Recognition"; and
on page 5, lines 7, 11, 14, 30, and 33, by replacing "Illinois Merit"
each time it appears with "Merit Recognition"; and
on page 6, by deleting line 6; and
on page 6, line 9, by replacing "Sections 25 and" with "Section".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 80 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 92
A bill for AN ACT to amend the Environmental Protection Act by
changing Section 9.2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
HOUSE OF REPRESENTATIVES 4465
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 92.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 92, on page 1, line 25, by
replacing "such" with "the such".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 92 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 105
A bill for AN ACT in relation to assistance animals.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 105.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 105 on page 1, by replacing
lines 28 and 29 with the following:
"(3) communication;
(4) transportation; or
(5) employment."; and
on page 2, line 13, by inserting after "animal" the following:
"or exposes the assistance animal to any chemical that is hazardous
to the assistance animal; however, an action against a person for
exposing an assistance animal to a chemical that is hazardous to the
assistance animal may be brought under this Act only if the person
against whom the action is brought knew or reasonably should have
known that the assistance animal was present and that the chemical
was hazardous to the assistance animal"; and
on page 2, line 19, by changing "theft or attack" to "theft, attack,
or exposure"; and
on page 2, line 22, by inserting after "animal" the following:
"or exposure of the assistance animal to any chemical that is
hazardous to the assistance animal"; and
on page 2, line 24, by deleting "in the theft or attack"; and
on page 2, line 27, by inserting "the veterinary medical expenses
4466 JOURNAL OF THE [May 14, 1999]
and" after "limited to,"; and
on page 3, line 3, by inserting after "animal" the following:
"or exposure of the assistance animal to any chemical that is
hazardous to the assistance animal"; and
on page 3, line 17, by inserting after "animal" the following:
"or exposure of the assistance animal to any chemical that is
hazardous to the assistance animal".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 105 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 133
A bill for AN ACT to amend the State Employees Group Insurance
Act of 1971.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 133.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 133 on page 1, below line 10,
by inserting the following:
"Section 99. Effective date. This Act takes effect on January
1, 2000.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 133 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 134
A bill for AN ACT concerning veterans organizations.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
HOUSE OF REPRESENTATIVES 4467
Senate Amendment No. 2 to HOUSE BILL NO. 134.
Senate Amendment No. 3 to HOUSE BILL NO. 134.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 134 by replacing everything
after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by adding the
Division 11 heading of Article 10 and Section 10-240 as follows:
(35 ILCS 200/Art. 10, Div. 11 heading new)
DIVISION 11. VETERANS ORGANIZATION PROPERTY
(35 ILCS 200/10-240 new)
Sec. 10-240. Veterans organization assessment freeze.
(a) For the taxable year 2000 and thereafter, the assessed value
of real property owned and used by a veterans organization chartered
under federal law, on which is located the principal building for the
post, camp, or chapter, must be frozen by the chief county assessment
officer at (i) 85% of the 1999 assessed value of the property for
property that qualifies for the assessment freeze in taxable year
2000 or (ii) 85% of the assessed value of the property for the
taxable year that the property first qualifies for the assessment
freeze after taxable year 2000. If, in any year, improvements or
additions are made to the property that would increase the assessed
value of the property were it not for this Section, then 85% of the
assessed value of such improvements shall be added to the assessment
of the property for that year and all subsequent years.
(b) The veterans organization must annually submit an application
to the chief county assessment officer on or before December 31 of
the assessment year. The initial application must contain the
information required by the Department of Revenue, including (i) a
copy of the organization's congressional charter, (ii) the location
or description of the property on which is located the principal
building for the post, camp, or chapter, (iii) a written instrument
evidencing that the organization is the record owner or has a legal
or equitable interest in the property, (iv) an affidavit that the
organization is liable for paying the real property taxes on the
property, and (v) the signature of the organization's chief presiding
officer. Subsequent applications shall include any changes in the
initial application and shall be signed by the organization's chief
presiding officer. All applications shall be notarized.
(c) This Section shall not apply to parcels assessed under
Section 15-145.
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 1999.
Section 99. Effective date. This Act takes effect July 4,
1999.".
AMENDMENT NO. 3. Amend House Bill 134, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 2, on page
2, line 4, by replacing "years." with "years the property is eligible
for the freeze."; and
on page 2, by replacing line 7 with "before (i) January 31 of the
4468 JOURNAL OF THE [May 14, 1999]
assessment year in counties with a population of 3,000,000 or more
and (ii) December 31 of the assessment year in all other counties.
The initial"; and
on page 2, line 22, by replacing "assessed" with "exempt".
The foregoing message from the Senate reporting Senate Amendments
numbered 2 and 3 to HOUSE BILL 134 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 152
A bill for AN ACT in relation to beverage distribution.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 152.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 152 by replacing the title
with the following:
"AN ACT in relation to liquor distribution."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Illinois
Wine and Spirits Industry Fair Dealing Act of 1999.
Section 5. Definitions. As used in this Act:
"Commission" means the Illinois Liquor Control Commission.
"Distributorship" means a business relationship, either express
or implied, whether oral or written, between a supplier of wine or
spirits (other than (i) an Illinois winery or (ii) a winery that has
annual case sales in the State of Illinois less than or equal to
10,000 cases per year) for resale and a distributor of such products
in which the distributor is given the right to sell a designated
product or products, in a generally defined geographic area, in
exchange for an express or implied promise to market the product or
products. A registration under the Liquor Control Act of 1934 as
amended is a distributorship.
"Supplier" means a person who is a grantor of a wine or liquor
distributorship in this State (other than (i) an Illinois winery or
(ii) a winery that has annual case sales in the State of Illinois
less than or equal to 10,000 cases per year).
"Distributor" means a person who is a grantee of a wine or liquor
distributorship in this State.
"Agreement" means any contract, agreement, course of dealing, or
arrangement, express or implied, whether oral or written, for a
definite or indefinite period between a supplier (other than (i) an
Illinois winery or (ii) a winery that has annual case sales in the
HOUSE OF REPRESENTATIVES 4469
State of Illinois less than or equal to 10,000 cases per year, and a
distributor pursuant to which a distributor has been granted a
distributorship).
"Good cause" means a failure by a distributor to comply with
essential and reasonable requirements imposed upon the distributor by
the supplier or bad faith in the performance of the distributorship
agreement. The requirements may not be unreasonably discriminating
either by their terms or in the methods or effects of enforcement as
compared with requirements imposed on other similarly situated
distributors by the supplier. The requirements may not be
inconsistent with this Act or in violation of any law or regulation.
"Wine and liquor" means spirituous liquor or wine containing
alcohol in excess of 10 percent by weight, but not including beer and
other malt beverages.
"Person" means a natural person, partnership, joint venture,
corporation, or other entity, and includes heirs, assigns,
successors, personal representatives, and guardians.
"Illinois winery" means a winery located in Illinois.
Section 10. Legislative declaration; purposes and construction.
(a) The General Assembly makes the following findings and
declarations:
(i) Pursuant to the 21st Amendment of the Constitution of
the United States, the General Assembly has enacted the Liquor
Control Act of 1934, which establishes a three-tier system of
distribution of wine and spirits to the public.
(ii) This Act is enacted pursuant to authority of the State
of Illinois and under the provisions of the 21st Amendment to the
United States Constitution to promote the public's interest in
fair, efficient, and competitive distribution of wine and liquor
products.
(b) This Act shall be construed and applied to promote its
underlying remedial purposes and policies.
(c) The provisions of this Act are of a public order and cannot
be waived. Any contract or agreement purporting to do so is void and
unenforceable to that extent.
(d) This Act shall govern all relations between distributors and
suppliers to the full extent consistent with the constitutions of
this State and of the United States. Accordingly, Section 35, which
clarifies existing rights and obligations and establishes remedial
provisions, applies to all agreements between a distributor and a
supplier (other than agreements with an Illinois winery or a winery
that has annual case sales in the State of Illinois less than or
equal to 10,000 cases per year) whether those agreements were
entered into before or after the effective date of this Act.
Sections 15 through 30 of this Act shall govern all agreements
between a distributor and a supplier (other than agreements with an
Illinois winery or a winery that has annual case sales in the State
of Illinois less than or equal to 10,000 cases per year), entered
into after the effective date of this Act, including any renewal of
an agreement in existence on or before the effective date of this
Act. Renewal of an agreement with a designated term or duration shall
mean (i) establishment of a new term, (ii) extension of the agreement
on any other basis, or (iii) shipment of wine or spirits to the
distributor after the expiration of the designated term or duration.
Renewal of an agreement in place on a month to month, year to year,
or other periodic basis shall mean (i) continuation of the
distributorship into the next month, year, or other period, (ii)
extension of the distributorship on any other basis, or (iii)
shipment of wine or spirits to a distributor after the expiration of
the month or other periodic basis designated as the duration of the
distributorship in the agreement. Renewal of an agreement without a
4470 JOURNAL OF THE [May 14, 1999]
designated term or duration shall mean shipment of wine or spirits to
a distributor after the effective date.
(e) In accordance with Section 1.31 of the Statute on Statutes,
the provisions of this Act are severable. If any provision or
interpretation of this Act, or the application of such interpretation
or provision to any distributorship, is held invalid, the application
of the Act to persons or circumstances other than those as to which
it is held invalid shall not be affected thereby.
Section 15. Cancellation and alteration of distributorships. No
supplier may cancel, fail to renew, otherwise terminate, or alter on
a discriminatory basis an agreement unless the party intending that
action has good cause for the cancellation, failure to renew,
termination, or alteration and, in any case in which prior
notification is required under Section 20, the party intending to act
has furnished the prior notification and the affected party has not
eliminated the reasons specified in the notification for
cancellation, failure to renew, or termination within 90 days after
the sending of the notification. Each party shall make a good faith
effort to resolve disputes under this Section. The burden of proving
good cause is on the party who asserts it.
Section 20. Notice of termination, cancellation, or alteration.
(a) Except as provided in subsection (c) of this Section, no
supplier may cancel, fail to renew, otherwise terminate, or alter an
agreement unless the supplier furnishes prior notification to the
affected party in accordance with subsection (b).
(b) The notification required under subsection (a) shall be in
writing and sent to the affected party by certified mail not less
than 90 days before the date on which the agreement will be
cancelled, not renewed, otherwise terminated, or altered. The
notification shall contain (i) a statement of intention to cancel,
fail to renew, otherwise terminate, or alter an agreement, (ii) a
complete statement of reasons therefore, including all data and
documentation necessary to fully apprise the distributor of the
reasons for the action, (iii) the date on which the action shall take
effect, and (iv) shall provide that the distributor has 60 days in
which to rectify any claimed deficiency. If the deficiency is
rectified within 60 days, the notice shall be void.
(c) A supplier may cancel, fail to renew, or otherwise terminate
an agreement without furnishing any prior notification for any of the
following reasons:
(1) Distributor's assignment for the benefit of creditors,
or similar disposition, of substantially all of the assets of
such party's business.
(2) Insolvency of distributor or the institution of
proceedings in bankruptcy by or against the distributor.
(3) Dissolution or liquidation of the distributor.
(4) Distributor's conviction of, or plea of guilty or no
contest to, a charge of violating a law or regulation in this
State that materially and adversely affects the ability of either
party to continue to sell wine or liquor in this State, or the
revocation or suspension of a license or permit to sell wine or
liquor in this State.
(d) The notification required under subsection (a) shall be sent
not less than 10 days before the date of the cancellation,
non-renewal, termination, or alteration of the notice if the notice
is based on (i) failure to pay any account when due and upon demand
by the supplier for such payment, in accordance with agreed payment
terms, or (ii) bad faith in the performance of the distributorship
agreement. If the notice is based on a failure to pay any account,
the distributor shall have 10 days in which to remedy the default.
If the default in payment is remedied within 10 days, the notice
HOUSE OF REPRESENTATIVES 4471
shall be void.
Section 25. Action for damages and injunctive relief. Parties to
a distributorship may bring an action in any court of competent
jurisdiction for damages sustained as a consequence of the violation,
and may also be granted injunctive relief against unlawful
termination, cancellation, nonrenewal, or other harm. For agreements
entered into or renewed after the effective date of this Act, this
remedy is an addition to the remedies provided in Section 35. It is
the policy of this State to avoid unfair or wrongful terminations.
Notwithstanding any provisions of any agreement between a supplier
and a distributor, the venue for any such action shall be at the
location of the distributorship and this Act shall apply.
Section 30. Application to arbitration agreements. An agreement
between a supplier that is not an Illinois winery or a winery that
has annual case sales in the State of Illinois less than or equal to
10,000 cases per year and a distributor providing for binding
arbitration of disputes shall be valid and enforceable in accordance
with the Federal Arbitration Act. In the event that a dispute
concerning the existence of good cause for a termination,
cancellation, nonrenewal, or other harm is resolved through
arbitration, the definition of good cause and the substantive
provisions of this Act shall apply.
Section 35. Procedural provisions; good faith; role of Liquor
Control Commission.
(a) This Section clarifies existing rights and obligations and
establishes remedial procedures applicable to registrations under
Section 6-9 of the Liquor Control Act of 1934.
(b) Under existing Illinois common and statutory law, suppliers,
other than (i) Illinois wineries or (ii) wineries that have annual
case sales in the State of Illinois less than or equal to 10,000
cases per year, who have or should have registered names of
distributors under Section 6-9 of the Liquor Control Act of 1934,
granting or confirming distributors rights to sell at wholesale in
this State, have an obligation to act in good faith in all aspects of
the registration and distributorship relationship, without
discrimination or coercion under threat of retaliation or termination
in bad faith, and in conformity with any emergency or final
regulations issued by the Liquor Control Commission pursuant to
Section 3-12 or 6-19 or other applicable provision of the Liquor
Control Act of 1934 or by the Department of Revenue. Under the
existing obligation to act in good faith, no registration or
obligation to register under Section 6-9 may be terminated, nor may a
supplier that is not an Illinois winery or a winery that has annual
case sales in the State of Illinois less than or equal to 10,000
cases per year fail to renew or extend a product, name, brand,
registration, or an agreement with a distributor except by acting in
good faith in all aspects of the relationship, without discrimination
or coercion, and not in retaliation or as a result of the
distributor's exercise of its right to petition the General Assembly,
the Congress, or any other unit or form of government for any
purpose, to any end, or for or against any proposition, provision,
amendment, bill, resolution, judgment, decision, rule, regulation, or
interpretation.
(c) In order to enforce the existing obligation of good faith
with respect to registrations under Section 6-9, the Commission shall
have power to:
(1) Prohibit or suspend any supplier that is not an
Illinois winery or a winery that has annual case sales in the
State of Illinois less than or equal to 10,000 cases per year or
its successors or assigns found to have flagrantly or repeatedly
violated the obligation described in this Section from selling
4472 JOURNAL OF THE [May 14, 1999]
any product or products governed under the Liquor Control Act of
1934 and the Twenty-First Amendment to the United States
Constitution in Illinois.
(2) Order the supplier, if the supplier is not an Illinois
winery or a winery that has annual case sales in the State of
Illinois less than or equal to 10,000 cases per year, to
continue providing products to a distributor at prices and
quantities in effect for the distributorship prior to any
termination or failure to renew that becomes the subject of a
dispute or administrative proceedings under this Section until
the matters in dispute are determined by an order which is final
and non-reviewable.
Orders of the Liquor Control Commission entered under this
Section shall be deemed orders as to which an emergency exists.
(d) Notwithstanding Section 30 of this Act, any aggrieved party
under this Section may apply to the Commission for a finding that
another party has violated this Section and request relief.
(e) Orders entered by the Commission under this Section shall be
reviewable by the Circuit Court under the terms of the Administrative
Review Law. In accordance with Section 3-110 of the Administrative
Review Law, findings and conclusions of the Commission shall be held
to be prima facie true and correct.
(f) No court shall enter a stay, restraining order, injunction,
mandamus, or other order that has the effect of suspending, delaying,
modifying, or overturning a Commission finding or determination under
this Section before a full hearing and final decision on the merits
of the Commission ruling, finding, or order.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 152 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 287
A bill for AN ACT to amend the Public Utilities Act by adding
Section 13-301.5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 287.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 287 by replacing the title
with the following:
HOUSE OF REPRESENTATIVES 4473
"AN ACT to amend the Public Utilities Act by changing Section
13-301."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Section 13-301 as follows:
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-301. Consistent with the findings and policy established
in paragraph (a) of Section 13-102 and paragraph (a) of Section
13-103, and in order to ensure the attainment of such policies, the
Commission shall:
(a) participate in all federal programs intended to preserve or
extend universal telecommunications service, unless such programs
would place cost burdens on Illinois customers of telecommunications
services in excess of the benefits they would receive through
participation, provided, however, the Commission shall not approve or
permit the imposition of any surcharge or other fee designed to
subsidize or provide a waiver for subscriber line charges; and shall
report on such programs together with an assessment of their adequacy
and the advisability of participating therein in its annual report to
the General Assembly, or more often as necessary;
(b) establish a program to monitor the level of
telecommunications subscriber connection within each exchange in
Illinois, and shall report the results of such monitoring and any
actions it has taken or recommends be taken to maintain and increase
such levels in its annual report to the General Assembly, or more
often if necessary;
(c) order all telecommunications carriers offering or providing
local exchange telecommunications service to propose low-cost or
budget service tariffs and any other rate design or pricing
mechanisms designed to facilitate customer access to such
telecommunications service, and shall after notice and hearing,
implement any such proposals which it finds likely to achieve such
purpose;
(d) investigate the necessity of and create, if appropriate,
feasibility of establishing a fund or funds from which eligible
telecommunications carriers offering or providing local exchange
telecommunications service, whose costs of providing
telecommunications services such service exceed the affordable rate
average cost of providing such services can service in Illinois,
could receive revenues intended to mitigate the price impact on
customers resulting from the high or rising cost of such services
service; provided, however, that to the extent such a fund or funds
are established, the Commission shall require that the costs of such
funds be recovered from all telecommunications carriers on a
competitively neutral basis; as used in this Section, "eligible
telecommunications carrier" means a telecommunications carrier that
has been designated as an eligible telecommunications carrier by the
Commission for a service area designated by the Commission in
accordance with 47 U.S.C. 214(e)(2). In creating any fund or funds as
described in this subsection, the Commission shall consider the
following:
(1) The bundle or group of services to be declared
"supported telecommunications services" that constitute
"universal service". This bundle or group of services shall at a
minimum, include those services as defined by the Federal
Communications Commission and as from time to time amended. In
addition, the Commission shall consider the range of services
currently offered by telecommunications carriers offering local
exchange telecommunications service, the existing rate structures
for the supported telecommunications services, and the
4474 JOURNAL OF THE [May 14, 1999]
telecommunications needs of Illinois consumers in determining the
supported telecommunications services. The Commission shall,
from time to time or upon request, review and, if appropriate,
revise the bundle or group of Illinois supported
telecommunications services and the terms of the fund or funds to
reflect changes or enhancements in telecommunications needs,
technologies, and available services.
(2) The identification of any implicit subsidies contained
in rates or charges of eligible telecommunications carriers and
how implicit subsidies can be made explicit by the creation of
the fund or funds. The identification of explicit subsidies
currently received by some local exchange carriers and the need
to maintain or transition the existing explicit support through
the fund or funds to be created.
(3) The identification of the incumbent local exchange
carriers' costs of providing the supported telecommunications
services. At the request of any incumbent local exchange carrier
or carriers, the use of a proxy for the identification of that
local exchange carrier or group of local exchange carriers' costs
of providing the supported telecommunications services.
(4) An affordable level of price for the supported
telecommunications services for the respective incumbent local
exchange carrier. The identification of indices or models for
use in establishing or updating the affordable level of price
with supported telecommunications services.
(5) The identification of a fund administrator, which shall
be an unaffiliated third party. The identification of all
eligible telecommunications carriers and the portability criteria
and mechanisms to be included within the fund or funds and
applied by the fund administrator.
(6) Identification of the telecommunications carriers from
whom the cost of the fund or funds shall be recovered and the
mechanism to be used to determine and establish a competitively
neutral funding basis. The adoption of a minimum contribution
exemption to lessen the administrative costs and approve the
administrative efficiency of any fund or funds. From time to
time, or upon request, the Commission shall consider whether,
based upon changes in technology or other factors, additional
telecommunications providers should contribute to the fund or
funds. The establishment of the basis upon which
telecommunications carriers contributing to the fund or funds
shall recover contributions also on a competitively neutral
basis. and shall include the results and findings of such
investigation together with any recommendations for legislative
action in its first annual report to the General Assembly in
1986;
(e) Any telecommunications carrier providing local exchange
telecommunications service which offers to its local exchange
customers a choice of two or more local exchange telecommunications
service offerings shall provide, to any such customer requesting it,
once a year without charge, a report describing which local exchange
telecommunications service offering would result in the lowest bill
for such customer's local exchange service, based on such customer's
calling pattern and usage for the previous 6 months. At least once a
year, each such carrier shall provide a notice to each of its local
exchange telecommunications service customers describing the
availability of this report and the specific procedures by which
customers may receive it. Such report shall only be available to
current and future customers who have received at least 6 months of
continuous local exchange service from such carrier.
(Source: P.A. 87-445.)
HOUSE OF REPRESENTATIVES 4475
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 287 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 303
A bill for AN ACT to amend the Build Illinois Bond Act by
changing Section 2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 303.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 303, on page 2, by deleting
lines 1 and 2.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 303 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 305
A bill for AN ACT concerning tax increment financing.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 305.
Senate Amendment No. 2 to HOUSE BILL NO. 305.
4476 JOURNAL OF THE [May 14, 1999]
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 305 on page 11, by deleting
lines 10 through 31; and
on page 12, by replacing line 4 with the following:
"11-74.4-8a and adding Sections 8-8-3.5 and 11-74.4-4.2 as follows:
(65 ILCS 5/8-8-3.5 new)
Sec. 8-8-3.5. Tax Increment Financing Report. The reports filed
under subsection (d) of Section 11-74.4-5 of the Tax Increment
Allocation Redevelopment Act in the Illinois Municipal Code must be
separate from any other annual report filed with the Comptroller.
The Comptroller must, in cooperation with reporting municipalities,
create a format for the reporting of information described in
paragraphs 1.5 and 5 and in subparagraph (G) of paragraph 7 of
subsection (d) of Section 11-74.4-5 of the Tax Increment Allocation
Redevelopment Act that facilitates consistent reporting among the
reporting municipalities. The Comptroller may allow these reports to
be filed electronically and may display the report, or portions of
the report, electronically via the Internet. All reports filed under
this Section must be made available for examination and copying by
the public at all reasonable times."; and
on page 16, line 30, before the colon, by inserting "to which it
pertains"; and
on page 18, by replacing lines 13 through 15 with the following:
"within the intent of the Act and (ii) is reasonably distributed
throughout the vacant part or parts of the redevelopment project
area to which it pertains:"; and
on page 49, by replacing line 23 with the following:
"(11.5) If the redevelopment project area is located within
a municipality with a population of more than 100,000, the cost
of day care services for children of"; and
on page 54, by replacing line 18 with the following:
"(a) The changes made by this amendatory Act of the 91st General
Assembly do not apply to a municipality that, (i) before the
effective date of this amendatory Act of the 91st General Assembly,
has adopted an ordinance or resolution fixing a time and place for a
public hearing under Section 11-74.4-5 or (ii) before July 1, 1999,
has adopted an ordinance or resolution providing for a feasibility
study under Section 11-74.4-4.1, but has not yet adopted an ordinance
approving redevelopment plans and redevelopment projects or
designating redevelopment project areas under this Section, until
after that municipality adopts an ordinance approving redevelopment
plans and redevelopment projects or designating redevelopment project
areas under this Section; thereafter the changes made by this
amendatory Act of the 91st General Assembly apply to the same extent
that they apply to redevelopment plans and redevelopment projects
that were approved and redevelopment projects that were designated
before the effective date of this amendatory Act of the 91st General
Assembly.
By ordinance introduced in the governing body of the"; and
on page 62, by replacing line 28 with the following:
"Sec. 11-74.4-5. (a) The changes made by this amendatory Act of
the 91st General Assembly do not apply to a municipality that, (i)
before the effective date of this amendatory Act of the 91st General
Assembly, has adopted an ordinance or resolution fixing a time and
place for a public hearing under this Section or (ii) before July 1,
1999, has adopted an ordinance or resolution providing for a
HOUSE OF REPRESENTATIVES 4477
feasibility study under Section 11-74.4-4.1, but has not yet adopted
an ordinance approving redevelopment plans and redevelopment projects
or designating redevelopment project areas under Section 11-74.4-4,
until after that municipality adopts an ordinance approving
redevelopment plans and redevelopment projects or designating
redevelopment project areas under Section 11-74.4-4; thereafter the
changes made by this amendatory Act of the 91st General Assembly
apply to the same extent that they apply to redevelopment plans and
redevelopment projects that were approved and redevelopment projects
that were designated before the effective date of this amendatory Act
of the 91st General Assembly.
Prior to the adoption of an"; and
on page 70, lines 28 and 29, by replacing "in the financial report
required under Section 3 of the Governmental Account Audit Act" with
"under Section 8-8-3.5 of the Illinois Municipal Code".
AMENDMENT NO. 2. Amend House Bill 305 on page 58, by replacing
lines 17 through 20 with "purposes of this subsection, a property
interest acquired in a single parcel of property by a member of the
corporate authority, which property is used exclusively as the
member's primary residence, shall not be deemed to constitute an
interest in any property included in a redevelopment area or proposed
redevelopment area that was established before December 31, 1989, but
the member must disclose the acquisition to the municipal clerk under
the provisions of this subsection.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 305 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 306
A bill for AN ACT to amend the Industrial Jobs Recovery Law in
the Illinois Municipal Code.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 306.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 306 on page 1, line 7, by
replacing "11-74.6-35 and 11-74.6-45" with "11-74.6-35, 11-74.6-45,
and 11-74.6-50"; and
on page 47, by replacing lines 13 through 15 with the following:
"(65 ILCS 5/11-74.6-50)
Sec. 11-74.6-50. On or before the date which is 60 months
4478 JOURNAL OF THE [May 14, 1999]
following the date on which this amendatory Act of 1994 becomes law,
the Department shall submit to the General Assembly a report
detailing the number of redevelopment project areas that have been
established, the number and type of jobs created or retained therein,
the aggregate amount of tax increment incentives provided, the
aggregate amount of private investment produced therein, the amount
of tax increment revenue produced and available for expenditure
within the tax increment financing districts and such additional
information as the Department may determine to be relevant. On or
after the date which is 16 years 72 months following the date on
which this amendatory Act of 1994 becomes law the authority granted
hereunder to municipalities to establish redevelopment project areas
and to adopt tax increment allocation financing in connection
therewith shall expire unless the General Assembly shall have
authorized municipalities to continue to exercise said powers.
(Source: P.A. 88-537.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 306 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 520
A bill for AN ACT to amend the Motor Vehicle Franchise Act by
changing Sections 4, 5, 6, 13, and 29, and adding Section 7.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 520.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 520 by replacing the title
with the following:
"AN ACT to amend the Motor Vehicle Franchise Act by changing
Sections 4, 5, 6, 13, and 29."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Motor Vehicle Franchise Act is amended by
changing Sections 4, 5, 6, 13, and 29 as follows:
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
Sec. 4. Unfair competition and practices.
(a) The unfair methods of competition and unfair and deceptive
acts or practices listed in this Section are hereby declared to be
unlawful. In construing the provisions of this Section, the courts
may be guided by the interpretations of the Federal Trade Commission
Act (15 U.S.C. 45 et seq.), as from time to time amended.
(b) It shall be deemed a violation for any manufacturer, factory
HOUSE OF REPRESENTATIVES 4479
branch, factory representative, distributor or wholesaler,
distributor branch, distributor representative or motor vehicle
dealer to engage in any action with respect to a franchise which is
arbitrary, in bad faith or unconscionable and which causes damage to
any of the parties or to the public.
(c) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division, or
officer, agent or other representative thereof, to coerce, or attempt
to coerce, any motor vehicle dealer:
(1) to accept, buy or order any motor vehicle or vehicles,
appliances, equipment, parts or accessories therefor, or any
other commodity or commodities or service or services which such
motor vehicle dealer has not voluntarily ordered or requested
except items required by applicable local, state or federal law;
or to require a motor vehicle dealer to accept, buy, order or
purchase such items in order to obtain any motor vehicle or
vehicles or any other commodity or commodities which have been
ordered or requested by such motor vehicle dealer;
(2) to order or accept delivery of any motor vehicle with
special features, appliances, accessories or equipment not
included in the list price of the motor vehicles as publicly
advertised by the manufacturer thereof, except items required by
applicable law; or
(3) to order for anyone any parts, accessories, equipment,
machinery, tools, appliances or any commodity whatsoever, except
items required by applicable law.
(d) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, or
officer, agent or other representative thereof:
(1) to adopt, change, establish or implement a plan or
system for the allocation and distribution of new motor vehicles
to motor vehicle dealers which is arbitrary or capricious or to
modify an existing plan so as to cause the same to be arbitrary
or capricious;
(2) to fail or refuse to advise or disclose to any motor
vehicle dealer having a franchise or selling agreement, upon
written request therefor, the basis upon which new motor vehicles
of the same line make are allocated or distributed to motor
vehicle dealers in the State and the basis upon which the current
allocation or distribution is being made or will be made to such
motor vehicle dealer;
(3) to refuse to deliver in reasonable quantities and
within a reasonable time after receipt of dealer's order, to any
motor vehicle dealer having a franchise or selling agreement for
the retail sale of new motor vehicles sold or distributed by such
manufacturer, distributor, wholesaler, distributor branch or
division, factory branch or division or wholesale branch or
division, any such motor vehicles as are covered by such
franchise or selling agreement specifically publicly advertised
in the State by such manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division, or
wholesale branch or division to be available for immediate
delivery. However, the failure to deliver any motor vehicle
shall not be considered a violation of this Act if such failure
is due to an act of God, a work stoppage or delay due to a strike
or labor difficulty, a shortage of materials, a lack of
manufacturing capacity, a freight embargo or other cause over
which the manufacturer, distributor, or wholesaler, or any agent
thereof has no control;
(4) to coerce, or attempt to coerce, any motor vehicle
4480 JOURNAL OF THE [May 14, 1999]
dealer to enter into any agreement with such manufacturer,
distributor, wholesaler, distributor branch or division, factory
branch or division, or wholesale branch or division, or officer,
agent or other representative thereof, or to do any other act
prejudicial to the dealer by threatening to reduce his allocation
of motor vehicles or cancel any franchise or any selling
agreement existing between such manufacturer, distributor,
wholesaler, distributor branch or division, or factory branch or
division, or wholesale branch or division, and the dealer.
However, notice in good faith to any motor vehicle dealer of the
dealer's violation of any terms or provisions of such franchise
or selling agreement or of any law or regulation applicable to
the conduct of a motor vehicle dealer shall not constitute a
violation of this Act;
(5) to require a franchisee to participate in an
advertising campaign or contest or any promotional campaign, or
to purchase or lease any promotional materials, training
materials, show room or other display decorations or materials at
the expense of the franchisee;
(6) to cancel or terminate the franchise or selling
agreement of a motor vehicle dealer without good cause and
without giving notice as hereinafter provided; to fail or refuse
to extend the franchise or selling agreement of a motor vehicle
dealer upon its expiration without good cause and without giving
notice as hereinafter provided; or, to offer a renewal,
replacement or succeeding franchise or selling agreement
containing terms and provisions the effect of which is to
substantially change or modify the sales and service obligations
or capital requirements of the motor vehicle dealer arbitrarily
and without good cause and without giving notice as hereinafter
provided notwithstanding any term or provision of a franchise or
selling agreement.
(A) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division
or wholesale branch or division intends to cancel or
terminate a franchise or selling agreement or intends not to
extend or renew a franchise or selling agreement on its
expiration, it shall send a letter by certified mail, return
receipt requested, to the affected franchisee at least 60
days before the effective date of the proposed action, or
not later than 10 days before the proposed action when the
reason for the action is based upon either of the following:
(i) the business operations of the franchisee
have been abandoned or the franchisee has failed to
conduct customary sales and service operations during
customary business hours for at least 7 consecutive
business days unless such closing is due to an act of
God, strike or labor difficulty or other cause over
which the franchisee has no control; or
(ii) the conviction of or plea of nolo contendere
by the motor vehicle dealer or any operator thereof in
a court of competent jurisdiction to an offense
punishable by imprisonment for more than two years.
Each notice of proposed action shall include a detailed
statement setting forth the specific grounds for the
proposed cancellation, termination, or refusal to extend or
renew and shall state that the dealer has only 30 days from
receipt of the notice to file with the Motor Vehicle Review
Board a written protest against the proposed action.
(B) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division
HOUSE OF REPRESENTATIVES 4481
or wholesale branch or division intends to change
substantially or modify the sales and service obligations or
capital requirements of a motor vehicle dealer as a
condition to extending or renewing the existing franchise or
selling agreement of such motor vehicle dealer, it shall
send a letter by certified mail, return receipt requested,
to the affected franchisee at least 60 days before the date
of expiration of the franchise or selling agreement. Each
notice of proposed action shall include a detailed statement
setting forth the specific grounds for the proposed action
and shall state that the dealer has only 30 days from
receipt of the notice to file with the Motor Vehicle Review
Board a written protest against the proposed action.
(C) Within 30 15 days from receipt of the notice under
subparagraphs (A) and (B), the franchisee may file with the
Board a written protest against the proposed action.
When the protest has been timely filed, the Board shall
enter an order, fixing a date (within 60 days of the date of
the order), time, and place of a hearing on the protest
required under Sections 12 and 29 of this Act, and send by
certified mail, return receipt requested, a copy of the
order to the manufacturer that filed the notice of intention
of the proposed action and to the protesting dealer or
franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to cancel or terminate, or
fail to extend or renew the franchise or selling agreement
of a motor vehicle dealer or franchisee, and to change
substantially or modify the sales and service obligations or
capital requirements of a motor vehicle dealer as a
condition to extending or renewing the existing franchise or
selling agreement. The determination whether good cause
exists to cancel, terminate, or refuse to renew or extend
the franchise or selling agreement, or to change or modify
the obligations of the dealer as a condition to offer
renewal, replacement, or succession shall be made by the
Board under subsection (d) of Section 12 of this Act.
(D) Notwithstanding the terms, conditions, or
provisions of a franchise or selling agreement, the
following shall not constitute good cause for cancelling or
terminating or failing to extend or renew the franchise or
selling agreement: (i) the change of ownership or executive
management of the franchisee's dealership; or (ii) the fact
that the franchisee or owner of an interest in the franchise
owns, has an investment in, participates in the management
of, or holds a license for the sale of the same or any other
line make of new motor vehicles.
Good cause shall exist to cancel, terminate or fail to
offer a renewal or replacement franchise or selling
agreement to all franchisees of a line make if the
manufacturer permanently discontinues the manufacture or
assembly of motor vehicles of such line make.
(E) The manufacturer may not cancel or terminate, or
fail to extend or renew a franchise or selling agreement or
change or modify the obligations of the franchisee as a
condition to offering a renewal, replacement, or succeeding
franchise or selling agreement before the hearing process is
concluded as prescribed by this Act, and thereafter, if the
Board determines that the manufacturer has failed to meet
its burden of proof and that good cause does not exist to
allow the proposed action; or
4482 JOURNAL OF THE [May 14, 1999]
(7) notwithstanding the terms of any franchise agreement,
to fail to indemnify and hold harmless its franchised dealers
against any judgment or settlement for damages, including, but
not limited to, court costs, expert witness fees, and reasonable
attorneys' fees of the new motor vehicle dealer, and other
expenses incurred in the litigation, so long as such fees and
costs are reasonable, arising out of complaints, claims or
lawsuits including, but not limited to, strict liability,
negligence, misrepresentation, warranty (express or implied), or
recision of the sale as defined in Section 2-608 of the Uniform
Commercial Code, to the extent that the judgment or settlement
relates to the alleged defective or negligent manufacture,
assembly or design of new motor vehicles, parts or accessories or
other functions by the manufacturer, beyond the control of the
dealer; provided that, in order to provide an adequate defense,
the manufacturer receives notice of the filing of a complaint,
claim, or lawsuit within 60 days after the filing.
(e) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division or
officer, agent or other representative thereof:
(1) to resort to or use any false or misleading
advertisement in connection with his business as such
manufacturer, distributor, wholesaler, distributor branch or
division or officer, agent or other representative thereof;
(2) to offer to sell or lease, or to sell or lease, any new
motor vehicle to any motor vehicle dealer at a lower actual price
therefor than the actual price offered to any other motor vehicle
dealer for the same model vehicle similarly equipped or to
utilize any device including, but not limited to, sales promotion
plans or programs which result in such lesser actual price or
fail to make available to any motor vehicle dealer any
preferential pricing, incentive, rebate, finance rate, or low
interest loan program offered to competing motor vehicle dealers
in other contiguous states. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle dealer for
resale to any unit of the United States Government, the State or
any of its political subdivisions;
(3) to offer to sell or lease, or to sell or lease, any new
motor vehicle to any person, except a wholesaler, distributor or
manufacturer's employees at a lower actual price therefor than
the actual price offered and charged to a motor vehicle dealer
for the same model vehicle similarly equipped or to utilize any
device which results in such lesser actual price. However, the
provisions of this paragraph shall not apply to sales to a motor
vehicle dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;
(4) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer or franchisee from changing
the executive management control of the motor vehicle dealer or
franchisee unless the franchiser, having the burden of proof,
proves that such change of executive management will result in
executive management control by a person or persons who are not
of good moral character or who do not meet the franchiser's
existing and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum business
experience standards in the market area. However where the
manufacturer rejects a proposed change in executive management
control, the manufacturer shall give written notice of his
reasons to the dealer within 60 days of notice to the
manufacturer by the dealer of the proposed change. If the
manufacturer does not send a letter to the franchisee by
HOUSE OF REPRESENTATIVES 4483
certified mail, return receipt requested, within 60 days from
receipt by the manufacturer of the proposed change, then the
change of the executive management control of the franchisee
shall be deemed accepted as proposed by the franchisee, and the
manufacturer shall give immediate effect to such change;
(5) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer from establishing or changing
the capital structure of his dealership or the means by or
through which he finances the operation thereof; provided the
dealer meets any reasonable capital standards agreed to between
the dealer and the manufacturer, distributor or wholesaler, who
may require that the sources, method and manner by which the
dealer finances or intends to finance its operation, equipment or
facilities be fully disclosed;
(6) to refuse to give effect to or prevent or attempt to
prevent by contract or otherwise any motor vehicle dealer or any
officer, partner or stockholder of any motor vehicle dealer from
selling or transferring any part of the interest of any of them
to any other person or persons or party or parties unless such
sale or transfer is to a transferee who would not otherwise
qualify for a new motor vehicle dealers license under "The
Illinois Vehicle Code" or unless the franchiser, having the
burden of proof, proves that such sale or transfer is to a person
or party who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards and, with
consideration given to the volume of sales and service of the
dealership, uniformly applied minimum business experience
standards in the market area. However, nothing herein shall be
construed to prevent a franchiser from implementing affirmative
action programs providing business opportunities for minorities
or from complying with applicable federal, State or local law:
(A) If the manufacturer intends to refuse to approve
the sale or transfer of all or a part of the interest, then
it shall, within 60 days from receipt of the completed
application forms generally utilized by a manufacturer to
conduct its review and a copy of all agreements regarding
the proposed transfer, send a letter by certified mail,
return receipt requested, advising the franchisee of any
refusal to approve the sale or transfer of all or part of
the interest and shall state that the dealer only has 30
days from the receipt of the notice to file with the Motor
Vehicle Review Board a written protest against the proposed
action. The notice shall set forth specific criteria used to
evaluate the prospective transferee and the grounds for
refusing to approve the sale or transfer to that transferee.
Within 30 15 days from the franchisee's receipt of the
manufacturer's notice, the franchisee may file with the
Board a written protest against the proposed action.
When a protest has been timely filed, the Board shall
enter an order, fixing the date (within 60 days of the date
of such order), time, and place of a hearing on the protest,
required under Sections 12 and 29 of this Act, and send by
certified mail, return receipt requested, a copy of the
order to the manufacturer that filed notice of intention of
the proposed action and to the protesting franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to approve the
sale or transfer to the transferee. The determination
whether good cause exists to refuse to approve the sale or
transfer shall be made by the Board under subdivisions
(6)(B). The manufacturer shall not refuse to approve the
4484 JOURNAL OF THE [May 14, 1999]
sale or transfer by a dealer or an officer, partner, or
stockholder of a franchise or any part of the interest to
any person or persons before the hearing process is
concluded as prescribed by this Act, and thereafter if the
Board determines that the manufacturer has failed to meet
its burden of proof and that good cause does not exist to
refuse to approve the sale or transfer to the transferee.
(B) Good cause to refuse to approve such sale or
transfer under this Section is established when such sale or
transfer is to a transferee who would not otherwise qualify
for a new motor vehicle dealers license under "The Illinois
Vehicle Code" or such sale or transfer is to a person or
party who is not of good moral character or does not meet
the franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area.
(7) to obtain money, goods, services, anything of value, or
any other benefit from any other person with whom the motor
vehicle dealer does business, on account of or in relation to the
transactions between the dealer and the other person as
compensation, except for services actually rendered, unless such
benefit is promptly accounted for and transmitted to the motor
vehicle dealer;
(8) to grant an additional franchise in the relevant market
area of an existing franchise of the same line make or to
relocate an existing motor vehicle dealership within or into a
relevant market area of an existing franchise of the same line
make. However, if the manufacturer wishes to grant such an
additional franchise to an independent person in a bona fide
relationship in which such person is prepared to make a
significant investment subject to loss in such a dealership, or
if the manufacturer wishes to relocate an existing motor vehicle
dealership, then the manufacturer shall send a letter by
certified mail, return receipt requested, to each existing dealer
or dealers of the same line make whose relevant market area
includes the proposed location of the additional or relocated
franchise at least 60 days before the manufacturer grants an
additional franchise or relocates an existing franchise of the
same line make within or into the relevant market area of an
existing franchisee of the same line make. Each notice shall set
forth the specific grounds for the proposed grant of an
additional or relocation of an existing franchise. Unless the
parties agree upon the grant or establishment of the additional
or relocated franchise within 30 15 days from the date the notice
was received by the existing franchisee of the same line make or
any person entitled to receive such notice, the franchisee or
other person may file with the Board a written protest against
the grant or establishment of the proposed additional or
relocated franchise and shall state that the dealer only has 30
days from the receipt of the notice to file with the Motor
Vehicle Review Board a written protest against the proposed
action.
When a protest has been timely filed, the Board shall enter
an order fixing a date (within 60 days of the date of the order),
time, and place of a hearing on the protest, required under
Sections 12 and 29 of this Act, and send by certified or
registered mail, return receipt requested, a copy of the order to
the manufacturer that filed the notice of intention to grant or
establish the proposed additional or relocated franchise and to
the protesting dealer or dealers of the same line make whose
HOUSE OF REPRESENTATIVES 4485
relevant market area includes the proposed location of the
additional or relocated franchise.
When more than one protest is filed against the grant or
establishment of the additional or relocated franchise of the
same line make, the Board may consolidate the hearings to
expedite disposition of the matter. The manufacturer shall have
the burden of proof to establish that good cause exists to allow
the grant or establishment of the additional or relocated
franchise. The manufacturer may not grant or establish the
additional franchise or relocate the existing franchise before
the hearing process is concluded as prescribed by this Act, and
thereafter if the Board determines that the manufacturer has
failed to meet its burden of proof and that good cause does not
exist to allow the grant or establishment of the additional
franchise or relocation of the existing franchise.
The determination whether good cause exists for allowing the
grant or establishment of an additional franchise or relocated
existing franchise, shall be made by the Board under subsection
(c) of Section 12 of this Act. If the manufacturer seeks to enter
into a contract, agreement or other arrangement with any person,
establishing any additional motor vehicle dealership or other
facility, limited to the sale of factory repurchase vehicles or
late model vehicles, then the manufacturer shall follow the
notice procedures set forth in this Section and the determination
whether good cause exists for allowing the proposed agreement
shall be made by the Board under subsection (c) of Section 12,
with the manufacturer having the burden of proof.
A. (Blank).
B. For the purposes of this Section, appointment of a
successor motor vehicle dealer at the same location as its
predecessor, or within 2 miles of such location, or the
relocation of an existing dealer or franchise within 2 miles
of the relocating dealer's or franchisee's existing
location, shall not be construed as a grant, establishment
or the entering into of an additional franchise or selling
agreement, or a relocation of an existing franchise. The
reopening of a motor vehicle dealership that has not been in
operation for 18 months or more shall be deemed the grant of
an additional franchise or selling agreement.
C. This Section does not apply to the relocation of an
existing dealership or franchise in a county having a
population of more than 300,000 persons when the new
location is within the dealer's current relevant market
area, provided the new location is more than 7 miles from
the nearest dealer of the same line make or is further away
from the nearest dealer of the same line make. This Section
does not apply to the relocation of an existing dealership
or franchise in a county having a population of less than
300,000 persons when the new location is within the dealer's
current relevant market area, provided the new location is
more than 12 miles from the nearest dealer of the same line
make or is further away from the nearest dealer of the same
line make.
D. Nothing in this Section shall be construed to
prevent a franchiser from implementing affirmative action
programs providing business opportunities for minorities or
from complying with applicable federal, State or local law;
(9) to require a motor vehicle dealer to assent to a
release, assignment, novation, waiver or estoppel which would
relieve any person from liability imposed by this Act;
(10) to prevent or refuse to give effect to the succession
4486 JOURNAL OF THE [May 14, 1999]
to the ownership or management control of a dealership by any
legatee under the will of a dealer or to an heir under the laws
of descent and distribution of this State unless the franchisee
has designated a successor to the ownership or management control
under the succession provisions of the franchise. Unless the
franchiser, having the burden of proof, proves that the successor
is a person who is not of good moral character or does not meet
the franchiser's existing and reasonable capital standards and,
with consideration given to the volume of sales and service of
the dealership, uniformly applied minimum business experience
standards in the market area, any designated successor of a
dealer or franchisee may succeed to the ownership or management
control of a dealership under the existing franchise if:
(i) The designated successor gives the franchiser
written notice by certified mail, return receipt
requested, of his or her intention to succeed to the
ownership of the dealer within 60 days of the dealer's
death or incapacity; and
(ii) The designated successor agrees to be bound
by all the terms and conditions of the existing
franchise.
Notwithstanding the foregoing, in the event the motor
vehicle dealer or franchisee and manufacturer have duly executed
an agreement concerning succession rights prior to the dealer's
death or incapacitation, the agreement shall be observed.
(A) If the franchiser intends to refuse to honor the
successor to the ownership of a deceased or incapacitated
dealer or franchisee under an existing franchise agreement,
the franchiser shall send a letter by certified mail, return
receipt requested, to the designated successor within 60
days from receipt of a proposal advising of its intent to
refuse to honor the succession and to discontinue the
existing franchise agreement and shall state that the
designated successor only has 30 days from the receipt of
the notice to file with the Motor Vehicle Review Board a
written protest against the proposed action. The notice
shall set forth the specific grounds for the refusal to
honor the succession and discontinue the existing franchise
agreement.
If notice of refusal is not timely served upon the
designated successor, the franchise agreement shall continue
in effect subject to termination only as otherwise permitted
by paragraph (6) of subsection (d) of Section 4 of this Act.
Within 30 15 days from the date the notice was received
by the designated successor or any other person entitled to
notice, the designee or other person may file with the Board
a written protest against the proposed action.
When a protest has been timely filed, the Board shall
enter an order, fixing a date (within 60 days of the date of
the order), time, and place of a hearing on the protest,
required under Sections 12 and 29 of this Act, and send by
certified mail, return receipt requested, a copy of the
order to the franchiser that filed the notice of intention
of the proposed action and to the protesting designee or
such other person.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to honor the
succession and discontinue the existing franchise agreement.
The determination whether good cause exists to refuse to
honor the succession shall be made by the Board under
subdivision (B) of this paragraph (10). The manufacturer
HOUSE OF REPRESENTATIVES 4487
shall not refuse to honor the succession or discontinue the
existing franchise agreement before the hearing process is
concluded as prescribed by this Act, and thereafter if the
Board determines that it has failed to meet its burden of
proof and that good cause does not exist to refuse to honor
the succession and discontinue the existing franchise
agreement.
(B) No manufacturer shall impose any conditions upon
honoring the succession and continuing the existing
franchise agreement with the designated successor other than
that the franchisee has designated a successor to the
ownership or management control under the succession
provisions of the franchise, or that the designated
successor is of good moral character or meets the reasonable
capital standards and, with consideration given to the
volume of sales and service of the dealership, uniformly
applied minimum business experience standards in the market
area;
(11) to prevent or refuse to approve a proposal to
establish a successor franchise at a location previously approved
by the franchiser when submitted with the voluntary termination
by the existing franchisee unless the successor franchisee would
not otherwise qualify for a new motor vehicle dealer's license
under the Illinois Vehicle Code or unless the franchiser, having
the burden of proof, proves that such proposed successor is not
of good moral character or does not meet the franchiser's
existing and reasonable capital standards and, with consideration
given to the volume of sales and service of the dealership,
uniformly applied minimum business experience standards in the
market area. However, when such a rejection of a proposal is
made, the manufacturer shall give written notice of its reasons
to the franchisee within 60 days of receipt by the manufacturer
of the proposal. However, nothing herein shall be construed to
prevent a franchiser from implementing affirmative action
programs providing business opportunities for minorities, or from
complying with applicable federal, State or local law;
(12) to prevent or refuse to grant a franchise to a person
because such person owns, has investment in or participates in
the management of or holds a franchise for the sale of another
make or line of motor vehicles within 7 miles of the proposed
franchise location in a county having a population of more than
300,000 persons, or within 12 miles of the proposed franchise
location in a county having a population of less than 300,000
persons; or
(13) to prevent or attempt to prevent any new motor vehicle
dealer from establishing any additional motor vehicle dealership
or other facility limited to the sale of factory repurchase
vehicles or late model vehicles or otherwise offering for sale
factory repurchase vehicles of the same line make at an existing
franchise by failing to make available any contract, agreement or
other arrangement which is made available or otherwise offered to
any person.
(Source: P.A. 89-145, eff. 7-14-95; 90-655, eff. 7-30-98.)
(815 ILCS 710/5) (from Ch. 121 1/2, par. 755)
Sec. 5. Delivery and preparation obligations; damage
disclosures. Every manufacturer shall specify in writing to the
dealer the delivery and preparation obligations of its motor vehicle
dealers prior to delivery of new motor vehicles to retail buyers. A
copy of the delivery and preparation obligations of its motor vehicle
dealers and a schedule of the compensation to be paid to its motor
vehicle dealers for the work and services they shall be required to
4488 JOURNAL OF THE [May 14, 1999]
perform in connection with such delivery and preparation obligations
shall be presented to the dealer and the obligations specified
therein shall constitute any such dealer's only predelivery
obligations as between such dealer and such manufacturer. The
compensation as set forth on said schedule shall be reasonable.
A manufacturer, factory branch, distributor, distributor branch,
or wholesaler of new motor vehicles sold or transferred to a motor
vehicle dealer in this State shall disclose to the motor vehicle
dealer, in writing, before delivery of a vehicle to the motor vehicle
dealer all in-transit, post-manufacture, or other damage to the
vehicle that was sustained or incurred by the motor vehicle at any
time after the manufacturing process was complete but before delivery
of the vehicle to the dealer. This disclosure is not required when
the cost to repair does not exceed 6% of the manufacturer's suggested
retail price of the vehicle based upon the dealer's actual retail
repair cost, including labor, parts, and materials if the damage is
repaired or retail estimate to repair if the vehicle is not repaired.
New motor vehicles that are repaired may be sold as new and shall be
fully warranted by the manufacturer.
For purposes of this Section, "manufacturer's suggested retail
price" means the retail price of the new motor vehicle suggested by
the manufacturer including the retail delivered price suggested by
the manufacturer for each separately priced accessory or item of
optional equipment physically attached to the new motor vehicle at
the time of delivery.
Whenever a new motor vehicle sustains or incurs any in-transit,
post-manufacture, or other damage at any time after the manufacturing
process is complete, but before delivery of the vehicle to the motor
vehicle dealer, the dealer may within a reasonable period of time
after delivery of the motor vehicle notify the manufacturer or
distributor of that damage and either:
(1) revoke acceptance of the delivery of the new motor
vehicle whereby ownership of the motor vehicle shall revert to
the manufacturer, and the dealer shall incur no obligations,
financial, or otherwise for that new motor vehicle; or
(2) request authorization from the manufacturer to repair
the damage sustained or incurred by the new motor vehicle. If
the manufacturer refuses or fails to authorize repair of the
damage within 3 days of the request by the dealer, the dealer may
then revoke acceptance of the delivery of the new motor vehicle;
ownership shall revert to the manufacturer; and the dealer shall
incur no obligations, financial, or otherwise for that new motor
vehicle.
A motor vehicle dealer shall disclose to the purchaser before
delivery of the new motor vehicle, in writing, any damage that the
dealer has actual knowledge was sustained or incurred by the motor
vehicle at any time after the manufacturing process was complete but
before delivery of the vehicle to the purchaser. This disclosure is
not required when the cost to repair does not exceed 6% of the
manufacturer's suggested retail price of the vehicle based upon the
dealer's actual retail repair cost, including labor, parts, and
materials if the damage is repaired or the retail estimate to repair
the vehicle if it is not repaired.
Damage to glass, tires, bumpers, and in-dash audio equipment is
not to be considered in determining the cost of repair if replaced
with the manufacturer's original equipment.
If disclosure is not required under this Section, a purchaser may
not revoke or rescind a sales contract due to the fact the new
vehicle was damaged and repaired before completion of the sale. In
that circumstance, nondisclosure does not constitute a
misrepresentation or omission of fact.
HOUSE OF REPRESENTATIVES 4489
A manufacturer, factory branch, distributor, distributor branch,
or wholesaler of new motor vehicles shall, notwithstanding the terms
of any franchise agreement, indemnify and hold harmless the motor
vehicle dealer obtaining a new motor vehicle from the manufacturer,
factory branch, distributor, distributor branch, or wholesaler from
and against any liability, including reasonable attorney's fees,
expert witness fees, court costs, and other expenses incurred in the
litigation, so long as such fees and costs are reasonable, that the
motor vehicle dealer may be subjected to by the purchaser of the
vehicle because of damage to the motor vehicle that occurred before
delivery of the vehicle to the dealer and that was not disclosed in
writing to the dealer prior to delivery of the vehicle. This
indemnity obligation of the manufacturer, factory branch,
distributor, distributor branch, or wholesaler applies regardless of
whether the damage falls below the 6% threshold under this Section.
The failure of the manufacturer, factory branch, distributor,
distributor branch, or wholesaler to indemnify and hold harmless the
motor vehicle dealer is a violation of this Section.
(Source: P.A. 88-581, eff. 1-1-95.)
(815 ILCS 710/6) (from Ch. 121 1/2, par. 756)
Sec. 6. Warranty agreements; claims; approval; payment; written
disapproval.
(a) Every manufacturer, distributor, wholesaler, distributor
branch or division, factory branch or division, or wholesale branch
or division shall properly fulfill any warranty agreement and
adequately and fairly compensate each of its motor vehicle dealers
for labor and parts.
(b) In no event shall such compensation fail to include
reasonable compensation for diagnostic work, as well as repair
service, and labor, and parts. Time allowances for the diagnosis and
performance of warranty work and service shall be reasonable and
adequate for the work to be performed. In the determination of what
constitutes reasonable compensation under this Section, the principal
factor to be given consideration shall be the prevailing wage rates
being paid by the dealer in the relevant market area in which the
motor vehicle dealer is doing business, and in no event shall such
compensation of a motor vehicle dealer for warranty service be less
than the rates charged by such dealer for like service to retail
customers for nonwarranty service and repairs. The franchiser shall
reimburse the franchisee for any parts provided in satisfaction of a
warranty at the prevailing retail price charged by that dealer for
the same parts when not provided in satisfaction of a warranty;
provided that such motor vehicle franchisee's prevailing retail price
is not unreasonable when compared with that of the holders of motor
vehicle franchises from the same motor vehicle franchiser for
identical merchandise in the geographic area in which the motor
vehicle franchisee is engaged in business. All claims, either
original or resubmitted, made by motor vehicle dealers hereunder and
under Section 5 for such labor and parts shall be either approved or
disapproved within 30 days following their submission. All approved
claims shall be paid within 30 days following their approval. The
motor vehicle dealer who submits a claim which is disapproved shall
be notified in writing of the disapproval within the same period, and
each such notice shall state the specific grounds upon which the
disapproval is based. The motor vehicle dealer shall be permitted to
correct and resubmit such disapproved claims within 30 days of
receipt of disapproval. Any claims not specifically disapproved in
writing within 30 days from their submission shall be deemed approved
and payment shall follow within 30 days. The manufacturer or
franchiser shall have the right to require reasonable documentation
for claims and to audit such claims within a one year period from the
4490 JOURNAL OF THE [May 14, 1999]
date the claim was paid or credit issued by the manufacturer or
franchiser, and to charge back any false or unsubstantiated claims.
The audit and charge back provisions of this Section also apply to
all other incentive and reimbursement programs for a period of 18
months after the date of the transactions that are subject to audit
by the franchiser. However, the manufacturer retains the right to
charge back any fraudulent claim if the manufacturer establishes in a
court of competent jurisdiction in this State that the claim is
fraudulent.
(c) The motor vehicle franchiser shall not, by agreement, by
restrictions upon reimbursement, or otherwise, restrict the nature
and extent of services to be rendered or parts to be provided so that
such restriction prevents the motor vehicle franchisee from
satisfying the warranty by rendering services in a good and
workmanlike manner and providing parts which are required in
accordance with generally accepted standards. Any such restriction
shall constitute a prohibited practice.
(d) For the purposes of this Section, the "prevailing retail
price charged by that dealer for the same parts" means the price paid
by the motor vehicle franchisee for parts, including all shipping and
other charges, multiplied by the sum of 1.0 and the franchisee's
average percentage markup over the price paid by the motor vehicle
franchisee for parts purchased by the motor vehicle franchisee from
the motor vehicle franchiser and sold at retail. The motor vehicle
franchisee may establish average percentage markup under this Section
by submitting to the motor vehicle franchiser 100 sequential customer
paid service repair orders or 90 days of customer paid service repair
orders, whichever is less, covering repairs made no more than 180
days before the submission, and declaring what the average percentage
markup is. The average percentage markup so declared shall go into
effect 30 days following the declaration, subject to audit of the
submitted repair orders by the motor vehicle franchiser and
adjustment of the average percentage markup based on that audit. Any
audit must be conducted within 30 days following the declaration.
Only retail sales not involving warranty repairs, parts covered by
subsection (e) of this Section, or parts supplied for routine vehicle
maintenance, shall be considered in calculating average percentage
markup. No motor vehicle franchiser shall require a motor vehicle
franchisee to establish average percentage markup by a methodology,
or by requiring information, that is unduly burdensome or time
consuming to provide, including, but not limited to, part by part or
transaction by transaction calculations. A motor vehicle franchisee
shall not request a change in the average percentage markup more than
twice in one calendar year.
(e) If a motor vehicle franchiser supplies a part or parts for
use in a repair rendered under a warranty other than by sale of that
part or parts to the motor vehicle franchisee, the motor vehicle
franchisee shall be entitled to compensation equivalent to the motor
vehicle franchisee's average percentage markup on the part or parts,
as if the part or parts had been sold to the motor vehicle franchisee
by the motor vehicle franchiser. The requirements of this subsection
(e) shall not apply to entire engine assemblies and entire
transmission assemblies. In the case of those assemblies, the motor
vehicle franchiser shall reimburse the motor vehicle franchisee in
the amount of 30% of what the motor vehicle franchisee would have
paid the motor vehicle franchiser for the assembly if the assembly
had not been supplied by the franchiser other than by the sale of
that assembly to the motor vehicle franchisee.
(f) The obligations imposed on motor vehicle franchisers by this
Section shall apply to any parent, subsidiary, affiliate, or agent of
the motor vehicle franchiser, any person under common ownership or
HOUSE OF REPRESENTATIVES 4491
control, any employee of the motor vehicle franchiser, and any person
holding 1% or more of the shares of any class of securities or other
ownership interest in the motor vehicle franchiser, if a warranty or
service or repair plan is issued by that person instead of or in
addition to one issued by the motor vehicle franchiser.
(Source: P.A. 87-1163.)
(815 ILCS 710/13) (from Ch. 121 1/2, par. 763)
Sec. 13. Damages; equitable relief. Any franchisee or motor
vehicle dealer who suffers any loss of money or property, real or
personal, as a result of the use or employment by a manufacturer,
wholesaler, distributor, distributor branch or division, factory
branch or division, wholesale branch or division, or any agent,
servant or employee thereof, of an unfair method of competition or an
unfair or deceptive act or practice declared unlawful by this Act may
bring an action for damages and equitable relief, including
injunctive relief. Where the misconduct is willful or wanton, the
court may award treble damages. A motor vehicle dealer, if it has not
suffered any loss of money or property, may obtain permanent
equitable relief if it can be shown that the unfair act or practice
may have the effect of causing such loss of money or property. Where
the franchisee or dealer substantially prevails the court or
arbitration panel or Motor Vehicle Review Board shall award
attorney's fees and assess costs, including expert witness fees and
other expenses incurred by the dealer in the litigation, so long as
such fees and costs are reasonable, against the opposing party.
Moreover, for the purposes of the award of attorney's fees, expert
witness fees, and costs whenever the franchisee or dealer is seeking
injunctive or other relief, the franchisee or dealer may be
considered to have prevailed when a judgment is entered in its favor,
when a final administrative decision is entered in its favor and
affirmed, if subject to judicial review, when a consent order is
entered into, or when the manufacturer, distributor, wholesaler,
distributor branch or division, factory factor branch or division,
wholesale branch or division, or any officer, agent or other
representative thereof ceases the conduct, act or practice which is
alleged to be in violation of any Section of this Act.
(Source: P.A. 89-145, eff. 7-14-95.)
(815 ILCS 710/29)
Sec. 29. Procedures for hearing on protest. Upon receipt of a
timely notice of protest under paragraph (6) of subsection (d) or
paragraph (6), (8), or (10) of subsection (e) of Section 4 and
Section 12 of this Act, the Motor Vehicle Review Board shall enter an
order fixing a date (within 60 days of the date of the order), time,
the place of a hearing and send by certified mail, return receipt
requested, a copy of the order to the manufacturer and the objecting
dealer or dealers. Subject to Section 10-20 of the Illinois
Administrative Procedure Act, the Board shall designate a hearing
officer who shall conduct the hearing. All administrative hearing
officers shall be attorneys licensed to practice law in this State.
At the time and place fixed in the Board's order, the Board or
its duly authorized agent, the hearing officer, shall proceed to hear
the protest, and all parties to the protest shall be afforded an
opportunity to present in person or by counsel, statements,
testimony, evidence, and argument as may be pertinent to the issues.
The hearing officer may continue the hearing date by agreement of the
parties, or upon a finding of good cause, but in no event shall the
hearing be rescheduled more than 90 days after the Board's initial
order.
Upon any hearing, the Board or its duly authorized agent, the
hearing officer, may administer oaths to witnesses and issue
subpoenas for the attendance of witnesses or other persons and the
4492 JOURNAL OF THE [May 14, 1999]
production of relevant documents, records, and other evidence and may
require examination thereon. For purposes of discovery, the Board or
its designated hearing officer may, if deemed appropriate and proper
under the circumstances, authorize the parties to engage in such
discovery procedures as are provided for in civil actions in Section
2-1003 of the Code of Civil Procedure. Discovery shall be completed
no later than 15 days prior to commencement of the proceeding or
hearing. Enforcement of discovery procedures shall be as provided in
the regulations. Subpoenas issued shall be served in the same manner
as subpoenas issued out of the circuit courts. The fees of
subpoenaed witnesses under this Act for attendance and travel shall
be the same as fees of witnesses before the circuit courts of this
State, such fees to be paid when the witness is excused from further
attendance, provided the witness is subpoenaed at the instance of the
Board or an agent authorized by the Board; and payment of fees shall
be made and audited in the same manner as other expenses of the
Board. Whenever a subpoena is issued at the request of a party to a
proceeding, complainant, or respondent, as the case may be, the Board
may require that the cost of service of the subpoena and the fee of
same shall be borne by the party at whose instance the witness is
summoned, and the Board shall have power, in its discretion, to
require a deposit to cover the cost of service and witness fees and
the payment of the legal witness fee and mileage to the witness
served with the subpoena. In any protest before the Board, the Board
or its designated hearing officer may order a mandatory settlement
conference. The failure of a party to appear, to be prepared, or to
have authority to settle the matter may result in any or all of the
following:
(a) The Board or its designated hearing officer may suspend all
proceedings before the Board in the matter until compliance.
(b) The Board or its designated hearing officer may dismiss the
proceedings or any part thereof before the Board with or without
prejudice.
(c) The Board or its designated hearing officer may require all
of the Board's costs to be paid by the party at fault.
Any circuit court of this State, upon application of the Board,
or an officer or agent designated by the Board for the purpose of
conducting any hearing, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, accounts, or
documents, and giving of testimony before the Board or before any
officer or agent designated for the purpose of conducting the
hearing. Failure to obey the order may be punished by the circuit
court as contempt.
A party may conduct cross-examination required for a full and
fair disclosure of the facts. Within 20 days of the date of the
hearing, the hearing officer shall issue his or her proposed decision
to the Board and shall, by certified mail, return receipt requested,
serve the proposed decision upon the parties, with an opportunity
afforded to each party to file exceptions and present a brief to the
Board within 10 days of their receipt of the proposed decision. The
proposed decision shall contain a statement of the reasons for the
decision and each issue of fact or law necessary to the proposed
decision. The Board shall then issue its final order which, if
applicable, shall include the award of attorney's fees, expert
witness fees, and an assessment of costs, including other expenses
incurred in the litigation, if permitted under this Act, so long as
such fees and costs are reasonable.
In a hearing on a protest filed under paragraph (6) of subsection
(d) or paragraph (6), (8), or (10) of Section 4 or Section 12 of this
Act, the manufacturer shall have the burden of proof to establish
that there is good cause for the franchiser to: grant or establish
HOUSE OF REPRESENTATIVES 4493
an additional franchise or relocate an existing franchise; cancel,
terminate, refuse to extend or renew a franchise or selling
agreement; or change or modify the obligations of the motor vehicle
dealer as a condition to offering a renewal, replacement, or
succeeding franchise or selling agreement or refuse to honor
succession to ownership or refuse to approve a proposed transfer or
sale. The determination whether good cause exists shall be made
under Section 12 of this Act.
The Board shall record the testimony and preserve a record of all
proceedings at the hearing by proper means of recordation. The
notice required to be given by the manufacturer and notice of protest
by the dealer or other party, the notice of hearing, and all other
documents in the nature of pleadings, motions, and rulings, all
evidence, offers of proof, objections, and rulings thereon, the
transcript of testimony, the report of findings or proposed decision
of the hearing officer, and the orders of the Board shall constitute
the record of the proceedings. The Board shall furnish a transcript
of the record to any person interested in the hearing upon payment of
the actual cost thereof.
(Source: P.A. 89-145, eff. 7-14-95; 89-433, eff. 12-15-95.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 520 was placed in the Committee on Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 523
A bill for AN ACT to amend the Illinois Municipal Code by
changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 523.
Senate Amendment No. 2 to HOUSE BILL NO. 523.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 523 on page 2, line 33, by
inserting after "business." the following:
"The tax may not be imposed on the sale of food for human consumption
that is to be consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics."; and
on page 3, by inserting below line 29 the following:
"No municipality may impose a tax under this Section unless the
4494 JOURNAL OF THE [May 14, 1999]
municipality also imposes a tax at the same rate under Section
8-11-1.4 of this Code."; and
on page 6, line 9, by inserting after "service." the following:
"The tax may not be imposed on the sale of food for human consumption
that is to be consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been prepared for
immediate consumption) and prescription and nonprescription
medicines, drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics."; and
on page 7, by inserting below line 12 the following:
"No municipality may impose a tax under this Section unless the
municipality also imposes a tax at the same rate under Section
8-11-1.3 of this Code.".
AMENDMENT NO. 2. Amend House Bill 523 on page 1, line 17, by
replacing "Act." with the following:
"Act for a period of 10 years after the effective date of this
amendatory Act of the 91st General Assembly."; and
on page 2, line 25, by replacing "may" with the following:
"may, for a period of 10 years after the effective date of this
amendatory Act of the 91st General Assembly,"; and
on page 6, line 1, by replacing "may" with the following:
"may, for a period of 10 years after the effective date of this
amendatory Act of the 91st General Assembly,"; and
on page 8, line 30, by replacing "may" with the following:
"may, for a period of 10 years after the effective date of this
amendatory Act of the 91st General Assembly,".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 523 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 526
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 14-1, 14-2, and 14-4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 3 to HOUSE BILL NO. 526.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 3. Amend House Bill 526 by replacing the title
with the following:
"AN ACT concerning criminal law."; and
by replacing everything after the enacting clause with the following:
HOUSE OF REPRESENTATIVES 4495
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 14-1 and 14-2 and by renumbering and changing Section 14.4
as follows:
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)
Sec. 14-1. Definition.
(a) Eavesdropping device.
An eavesdropping device is any device capable of being used to
hear or record oral conversation or intercept, retain, or transcribe
electronic communications whether such conversation or electronic
communication is conducted in person, by telephone, or by any other
means; Provided, however, that this definition shall not include
devices used for the restoration of the deaf or hard-of-hearing to
normal or partial hearing.
(b) Eavesdropper.
An eavesdropper is any person, including law enforcement
officers, who is a principal, as defined in this Article, or who
operates or participates in the operation of any eavesdropping device
contrary to the provisions of this Article.
(c) Principal.
A principal is any person who:
(1) Knowingly employs another who illegally uses an
eavesdropping device in the course of such employment; or
(2) Knowingly derives any benefit or information from the
illegal use of an eavesdropping device by another; or
(3) Directs another to use an eavesdropping device
illegally on his behalf.
(d) Conversation.
For the purposes of this Article, the term conversation means any
oral communication between 2 or more persons regardless of whether
one or more of the parties intended their communication to be of a
private nature under circumstances justifying that expectation.
(e) Electronic communication.
For purposes of this Article, the term electronic communication
means any transfer of signs, signals, writing, images, sounds, data,
or intelligence of any nature transmitted in whole or part by a wire,
radio, pager, computer, electromagnetic, photo electronic or photo
optical system, where the sending and receiving parties intend the
electronic communication to be private and the interception,
recording, or transcription of the electronic communication is
accomplished by a device in a surreptitious manner contrary to the
provisions of this Article. Electronic communication does not
include any communication from a tracking device.
(Source: P.A. 88-677, eff. 12-15-94.)
(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)
Sec. 14-2. Elements of the offense; affirmative defense.
(a) A person commits eavesdropping when he:
(1) (a) Knowingly and intentionally uses an eavesdropping
device for the purpose of hearing or recording to hear or record
all or any part of any conversation or intercepts, retains, or
transcribes electronic communication unless he does so (A) (1)
with the consent of all of the parties to such conversation or
electronic communication or (B) (2) in accordance with Article
108A or Article 108B of the "Code of Criminal Procedure of 1963",
approved August 14, 1963, as amended; or
(2) Manufactures, assembles, distributes, or possesses any
electronic, mechanical, eavesdropping, or other device knowing
that or having reason to know that the design of the device
renders it primarily useful for the purpose of the surreptitious
hearing or recording of oral conversations or the interception,
retention, or transcription of electronic communications and the
intended or actual use of the device is contrary to the
4496 JOURNAL OF THE [May 14, 1999]
provisions of this Article; or
(3) (b) Uses or divulges, except as authorized by this
Article or by Article 108A or 108B of the "Code of Criminal
Procedure of 1963", approved August 14, 1963, as amended, any
information which he knows or reasonably should know was obtained
through the use of an eavesdropping device.
(b) (c) It is an affirmative defense to a charge brought under
this Article relating to the interception of a privileged
communication that the person charged:
1. was a law enforcement officer acting pursuant to an
order of interception, entered pursuant to Section 108A-1 or
108B-5 of the Code of Criminal Procedure of 1963; and
2. at the time the communication was intercepted, the
officer was unaware that the communication was privileged; and
3. stopped the interception within a reasonable time after
discovering that the communication was privileged; and
4. did not disclose the contents of the communication.
(c) It is not unlawful for a manufacturer or a supplier of
eavesdropping devices, or a provider of wire or electronic
communication services, their agents, employees, contractors, or
venders to manufacture, assemble, sell, or possess an eavesdropping
device within the normal course of their business for purposes not
contrary to this Article or for law enforcement officers to
manufacture, assemble, purchase, or possess an eavesdropping device
in preparation for or within the course of their official duties.
(Source: P.A. 85-1203.)
(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)
Sec. 14-4. 14.4. Sentence.)
(a) Eavesdropping, for a first offense, is a Class 4 felony,
and, for a second or subsequent offense, is a Class 3 felony.
(b) The eavesdropping of an oral conversation or an electronic
communication between any law enforcement officer, State's Attorney,
Assistant State's Attorney, the Attorney General, Assistant Attorney
General, or a judge, while in the performance of his or her official
duties, if not authorized by this Article or proper court order, is a
Class 1 felony.
(Source: P.A. 79-781; revised 3-12-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 3 to HOUSE BILL 526 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 619
A bill for AN ACT to amend the Pawnbroker Regulation Act by
changing Section 5.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 619.
HOUSE OF REPRESENTATIVES 4497
Senate Amendment No. 2 to HOUSE BILL NO. 619.
Senate Amendment No. 3 to HOUSE BILL NO. 619.
Senate Amendment No. 4 to HOUSE BILL NO. 619.
Senate Amendment No. 6 to HOUSE BILL NO. 619.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 619 on page 2, line 21, by
replacing "The" with "In addition, in a municipality with a
population of 1,000,000 or more inhabitants, if the customer does not
have an identification issued by a governmental entity containing a
photograph of the person being identified, the pawnbroker shall
photograph the customer in color and record the customer's name,
residence address, date of birth, social security number, gender,
height, and weight on the reverse side of the photograph. If the
customer has no social security number, the pawnbroker shall record
this fact. The".
AMENDMENT NO. 2. Amend House Bill 619 on page 2, lines 10 and
11, by replacing "issued by a governmental entity" with "a driver's
license or a State identification card issued by the Secretary of
State"; and
on page 2, lines 13 and 14, by replacing "does not contain a
photograph and is not issued by a governmental entity" with "is not a
driver's license or a State identification card issued by the
Secretary of State and does not contain a photograph".
AMENDMENT NO. 3. Amend House Bill 619, AS AMENDED, in Section 5,
Sec. 5, subsection (b), by deleting "The regulation of identification
required by pawnbrokers is an exclusive power and function of the
State. A home rule unit may not regulate identification required by
pawnbrokers. 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.".
AMENDMENT NO. 4. Amend House Bill 619 on page 1, lines 2 and 6,
by changing "Section 5" each time it appears to "Sections 0.05, 2, 5,
6, and 11"; and
on page 1, below line 6, by inserting the following:
"(205 ILCS 510/0.05)
Sec. 0.05. Administration of Act.
(a) This Act shall be administered by the Commissioner of Banks
and Real Estate who shall have all of the following powers and duties
in administering this Act:
(1) To promulgate reasonable rules for the purpose of
administering the provisions of this Act.
(2) To issue orders for the purpose of administering the
provisions of this Act and any rule promulgated in accordance
with this Act.
(3) To appoint hearing officers and to hire employees or to
contract with appropriate persons to execute any of the powers
granted to the Commissioner under this Section for the purpose of
administering this Act and any rule promulgated in accordance
with this Act.
4498 JOURNAL OF THE [May 14, 1999]
(4) To subpoena witnesses, to compel their attendance, to
administer an oath, to examine any person under oath, and to
require the production of any relevant books, papers, accounts,
and documents in the course of and pursuant to any investigation
being conducted, or any action being taken, by the Commissioner
in respect of any matter relating to the duties imposed upon, or
the powers vested in, the Commissioner under the provisions of
this Act or any rule promulgated in accordance with this Act.
(5) To conduct hearings.
(6) To impose civil penalties graduated up to $1,000
against any person for each violation of any provision of this
Act, any rule promulgated in accordance with this Act, or any
order of the Commissioner based upon the seriousness of the
violation.
(6.5) To initiate injunction proceedings whenever it
appears to the Commissioner that any person, whether licensed
under this Act or not, is engaged or about to engage in an act or
practice that constitutes or will constitute a violation of this
Act or any rule prescribed under the authority of this Act. The
Commissioner may, in his or her discretion, apply for an
injunction, and upon a proper showing, any circuit court may
enter a permanent or preliminary injunction or a temporary
restraining order without bond to enforce this Act in addition to
the penalties and other remedies provided for in this Act.
(7) To issue a cease and desist order and, for violations
of this Act, any rule promulgated in accordance with this Act, or
any other applicable law in connection with the operation of a
pawnshop, to suspend a license issued under this Act for up to 30
days.
(8) To examine the affairs of any pawnshop if the
Commissioner has reasonable cause to believe that unlawful or
fraudulent activity is occurring, or has occurred, therein.
(9) In response to a complaint, to address any inquiries to
any pawnshop in relation to its affairs, and it shall be the duty
of the pawnshop to promptly reply in writing to such inquiries.
The Commissioner may also require reports or information from any
pawnshop at any time the Commissioner may deem desirable.
(10) To revoke a license issued under this Act if the
Commissioner determines that (a) a licensee has been convicted of
a felony in connection with the operations of a pawnshop; (b) a
licensee knowingly, recklessly, or continuously violated this
Act, a rule promulgated in accordance with this Act, or any order
of the Commissioner; (c) a fact or condition exists that, if it
had existed or had been known at the time of the original
application, would have justified license refusal; or (d) the
licensee knowingly submits materially false or misleading
documents with the intent to deceive the Commissioner or any
other party.
(11) Following license revocation, to take possession and
control of a pawnshop for the purpose of examination,
reorganization, or liquidation through receivership and to
appoint a receiver, which may be the Commissioner, a pawnshop, or
another suitable person.
(b) After consultation with local law enforcement officers, the
Attorney General, and the industry, the Commissioner may by rule
require that pawnbrokers operate video camera surveillance systems to
record photographic representations of customers and retain the tapes
produced for up to 30 days.
(c) Pursuant to rule, the Commissioner shall issue licenses on
an annual or multi-year basis for operating a pawnshop. Any person
currently operating or who has operated a pawnshop in this State
HOUSE OF REPRESENTATIVES 4499
during the 2 years preceding the effective date of this amendatory
Act of 1997 shall be issued a license upon payment of the fee
required under this Act. New applicants shall meet standards for a
license as established by the Commissioner. Except with the prior
written consent of the Commissioner, no individual, either a new
applicant or a person currently operating a pawnshop, may be issued a
license to operate a pawnshop if the individual has been convicted of
a felony or of any criminal offense relating to dishonesty or breach
of trust in connection with the operations of a pawnshop. The
Commissioner shall establish license fees. The fees shall not exceed
the amount reasonably required for administration of this Act. It
shall be unlawful to operate a pawnshop without a license issued by
the Commissioner.
(d) In addition to license fees, the Commissioner may, by rule,
establish fees in connection with a review, approval, or provision of
a service, and levy a reasonable charge to recover the cost of the
review, approval, or service (such as a change in control, change in
location, or renewal of a license). The Commissioner may also levy a
reasonable charge to recover the cost of an examination if the
Commissioner determines that unlawful or fraudulent activity has
occurred. The Commissioner may require payment of the fees and
charges provided in this Act by certified check, money order, an
electronic transfer of funds, or an automatic debit of an account.
(e) The Pawnbroker Regulation Fund is established as a special
fund in the State treasury. Moneys collected under this Act shall be
deposited into the Fund and used for the administration of this Act.
In the event that General Revenue Funds are appropriated to the
Office of the Commissioner of Banks and Real Estate for the initial
implementation of this Act, the Governor may direct the repayment
from the Pawnbroker Regulation Fund to the General Revenue Fund of
such advance in an amount not to exceed $30,000. The Governor may
direct this interfund transfer at such time as he deems appropriate
by giving appropriate written notice.
(f) The Commissioner may, by rule, require all pawnshops to
provide for the expenses that would arise from the administration of
the receivership of a pawnshop under this Act through the assessment
of fees, the requirement to pledge surety bonds, or such other
methods as determined by the Commissioner.
(g) All final administrative decisions of the Commissioner under
this Act shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law. For matters involving
administrative review, venue shall be in either Sangamon County or
Cook County.
(Source: P.A. 90-477, eff. 7-1-98; 90-602, eff. 7-1-98.)
(205 ILCS 510/2) (from Ch. 17, par. 4652)
Sec. 2. Interest; fees. It shall be unlawful for any pawnbroker
to charge or collect a greater benefit or percentage upon money
advanced, and for the use and forbearance thereof, than the rate of
3% per month. Nothing in this Section shall be construed so as to
conflict with the law pertaining to usury and the person receiving
money so advanced may hold such moneys to pay any fees in addition to
interest as herein provided.
Each pawnbroker, when making a loan under this Section, must
disclose in printed form on the pawn contract the following
information to the persons receiving the loan:
(1) the amount of money advanced, which must be designated
as the amount financed;
(2) the maturity date of the pawn, which must be at least
30 days after the date of the pawn;
(3) the total pawn interest and service charge payable on
the maturity date, which must be designated as the finance
4500 JOURNAL OF THE [May 14, 1999]
charge;
(4) the total of payments that must be paid to redeem the
pledged goods on the maturity date, which must be designated as
the total of payments; and
(5) the annual percentage rate, computed according to the
regulations adopted by the Board of Governors of the Federal
Reserve System under the Federal Truth in Lending Act.
Each pawnbroker may contract for and receive a monthly finance
charge including interest and fees not to exceed one-fifth of the
loan amount, as set forth herein, for appraising, investigating
title, storing and insuring the collateral, closing the loan, making
daily reports to local law enforcement officers including enhanced
computerized reporting, complying with regulatory requirements, and
for other expenses and losses of every nature whatsoever and for all
other services. Such fees, when made and collected, shall not be
deemed interest for any purpose of law. In addition to any other
interest and fees prescribed by this Act, a pawnbroker may also
charge and collect the cost of any government mandated taxes
including, but not limited to, the cost of firearm background checks
required under federal law.
(Source: P.A. 90-477, eff. 7-1-98.)"; and
on page 3, below line 11, by inserting the following:
"(205 ILCS 510/6) (from Ch. 17, par. 4656)
Sec. 6. Inspection of records.
(a) The book or computer records, as well as every article or
other thing of value so pawned or pledged, shall at all times be open
to the inspection of the Commissioner, the sheriff of the county, his
deputies, or any members of the police force of any city in the
county in which such pawnbroker does business. In addition, the
Commissioner shall be authorized to inspect the books or records of
any business he or she has reasonable cause to believe is conducting
pawn transactions and should be licensed under this Act.
(b) The book or computer records, pawn tickets, or any other
records required by the Commissioner under this Act or any rule
promulgated in accordance with this Act shall be maintained for a
period of 3 years after the date on which the record or ticket was
prepared. These records and tickets shall be open to inspection of
the Commissioner at all times during this 3-year period.
(Source: P.A. 90-477, eff. 7-1-98.)
(205 ILCS 510/11) (from Ch. 17, par. 4661)
Sec. 11. Penalties. Every person who knowingly violates the
provisions of this Act shall, for the first offense, be guilty of a
Class C misdemeanor, and for each subsequent offense shall be guilty
of a Class A misdemeanor, except that a person who knowingly violates
this Act by operating a pawnshop without a license shall be guilty of
a Class B misdemeanor for the first offense and shall be guilty of a
Class A misdemeanor for any subsequent offense. , provided, that This
Act shall not be construed as to, in any wise, impair the power of
cities or villages in this State to license, tax, regulate except as
to fee amounts, suppress, and prohibit pawnbrokers as now provided by
law.
(Source: P.A. 90-477, eff. 7-1-98.)".
AMENDMENT NO. 6. Amend House Bill 619, AS AMENDED, in Section 5
of the bill, in Sec. 5, by inserting immediately below the last line
of subsection (b) the following:
"A county or municipality, including a home rule unit, may
regulate a pawnbroker's identification requirements for persons
pledging or pawning goods, articles, or other things to the
pawnbroker in a manner that is not less restrictive than the
regulation by the State of a pawnbroker's identification requirements
HOUSE OF REPRESENTATIVES 4501
for persons pledging or pawning goods, articles, or other things. A
home rule unit may not regulate a pawnbroker's identification
requirements for persons pledging or pawning goods, articles, or
other things to the pawnbroker in a manner less restrictive than the
regulation by the State of a pawnbroker's identification requirements
for persons pledging or pawning goods, articles, or other things.
This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise
by home rule units of the powers and functions exercised by the
State.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2, 3, 4 and 6 to HOUSE BILL 619 was placed on the
Calendar on the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 658
A bill for AN ACT concerning construction.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 658.
Senate Amendment No. 2 to HOUSE BILL NO. 658.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 658 by replacing everything
after the enacting clause with the following:
"Section 5. The Mechanics Lien Act is amended by changing
Sections 1 and 21 as follows:
(770 ILCS 60/1) (from Ch. 82, par. 1)
Sec. 1. Any person who shall by any contract or contracts,
express or implied, or partly expressed or implied, with the owner of
a lot or tract of land, or with one whom the owner has authorized or
knowingly permitted to contract, to improve the lot or tract of land
or to manage a structure thereon, or to furnish material, fixtures,
apparatus or machinery, forms or form work used in the process of
construction where cement, concrete or like material is used for the
purpose of or in the building, altering, repairing or ornamenting any
house or other building, walk or sidewalk, whether the walk or
sidewalk is on the land or bordering thereon, driveway, fence or
improvement or appurtenances to the lot or tract of land or connected
therewith, and upon, over or under a sidewalk, street or alley
adjoining; or fill, sod or excavate such lot or tract of land, or do
landscape work thereon or therefor; or raise or lower any house
thereon or remove any house thereto, or remove any house or other
4502 JOURNAL OF THE [May 14, 1999]
structure therefrom, or perform any services or incur any expense as
an architect, structural engineer, professional engineer, land
surveyor or property manager in, for or on a lot or tract of land for
any such purpose; or drill any water well thereon; or furnish or
perform labor or services as superintendent, time keeper, mechanic,
laborer or otherwise, in the building, altering, repairing or
ornamenting of the same; or furnish material, fixtures, apparatus,
machinery, labor or services, forms or form work used in the process
of construction where concrete, cement or like material is used, or
drill any water well on the order of his agent, architect, structural
engineer or superintendent having charge of the improvements,
building, altering, repairing or ornamenting the same; or lease any
equipment, with or without an operator, to a contractor of the owner
of a parcel of land or a structure for use about the land or
structure, is known under this Act as a contractor, and has a lien
upon the whole of such lot or tract of land and upon adjoining or
adjacent lots or tracts of land of such owner constituting the same
premises and occupied or used in connection with such lot or tract of
land as a place of residence or business; and in case the contract
relates to 2 or more buildings, on 2 or more lots or tracts of land,
upon all such lots and tracts of land and improvements thereon for
the amount due to him for such material, fixtures, apparatus,
machinery, including the amount due to him or her for the equipment
leased, services or labor, and interest at the rate of 10% per annum
from the date the same is due. This lien extends to an estate in
fee, for life, for years, or any other estate or any right of
redemption, or other interest which the owner may have in the lot or
tract of land at the time of making such contract or may subsequently
acquire. The taking of additional security by the contractor or
sub-contractor is not a waiver of any right of lien which he may have
by virtue of this Act, unless made a waiver by express agreement of
the parties and the waiver is not prohibited by this Act. This lien
attaches as of the date of the contract.
(Source: P.A. 86-807; 87-361.)
(770 ILCS 60/21) (from Ch. 82, par. 21)
Sec. 21. Subject to the provisions of Section 5, every mechanic,
worker or other person who shall furnish any materials, apparatus,
machinery or fixtures, or shall lease any equipment, with or without
an operator, or furnish or perform services or labor for the
contractor, or shall furnish any material to be employed in the
process of construction as a means for assisting in the erection of
the building or improvement in what is commonly termed form or form
work where concrete, cement or like material is used in whole or in
part, shall be known under this Act as a sub-contractor, and shall
have a lien for the value thereof, with interest on such amount from
the date the same is due, from the same time, on the same property as
provided for the contractor, and, also, as against the creditors and
assignees, and personal and legal representatives of the contractor,
on the material, fixtures, apparatus or machinery furnished, and on
the moneys or other considerations due or to become due from the
owner under the original contract. If the legal effect of any
contract between the owner and contractor is that no lien or claim
may be filed or maintained by any one and the waiver is not
prohibited by this Act, such provision shall be binding; but the only
admissible evidence thereof as against a sub-contractor or material
man, shall be proof of actual notice thereof to him before any labor
or material is furnished by him; or proof that a duly written and
signed stipulation or agreement to that effect has been filed in the
office of the recorder of the county or counties where the house,
building or other improvement is situated, prior to the commencement
of the work upon such house, building or other improvement, or within
HOUSE OF REPRESENTATIVES 4503
10 days after the execution of the principal contract or not less
than 10 days prior to the contract of the sub-contractor or material
man. The recorder shall record the same at length in the order of
time of its reception in books provided by him for that purpose, and
the recorder shall index the same, in the name of the contractor and
in the name of the owner, in books kept for that purpose, and also in
the tract or abstract book of the tract, lot, or parcel of land, upon
which the house, building or other improvement is located, and the
recorder shall receive therefor a fee, such as is provided for the
recording of instruments in his office.
It shall be the duty of each subcontractor who has furnished, or
is furnishing, materials or labor for an existing owner-occupied
single family residence, in order to preserve his lien, to notify the
occupant either personally or by certified mail, return receipt
requested, addressed to the occupant or his agent of the residence
within 60 days from his first furnishing materials or labor, that he
is supplying materials or labor; provided, however, that any notice
given after 60 days by the subcontractor shall preserve his lien, but
only to the extent that the owner has not been prejudiced by payments
made prior to receipt of the notice. The notification shall include
a warning to the owner that before any payment is made to the
contractor, the owner should receive a waiver of lien executed by
each subcontractor who has furnished materials or labor.
The notice shall contain the name and address of the
subcontractor or material man, the date he started to work or to
deliver materials, the type of work done and to be done or the type
of materials delivered and to be delivered, and the name of the
contractor requesting the work. The notice shall also contain the
following warning:
"NOTICE TO OWNER
The subcontractor providing this notice has performed work for or
delivered material to your home improvement contractor. These
services or materials are being used in the improvements to your
residence and entitle the subcontractor to file a lien against your
residence if the services or materials are not paid for by your home
improvement contractor. A lien waiver will be provided to your
contractor when the subcontractor is paid, and you are urged to
request this waiver from your contractor when paying for your home
improvements."
Such warning shall be in at least 10 point bold face type. For
purposes of this Section, notice by certified mail is considered
served at the time of its mailing.
In no case, except as hereinafter provided, shall the owner be
compelled to pay a greater sum for or on account of the completion of
such house, building or other improvement than the price or sum
stipulated in said original contract or agreement, unless payment be
made to the contractor or to his order, in violation of the rights
and interests of the persons intended to be benefited by this act:
Provided, if it shall appear to the court that the owner and
contractor fraudulently, and for the purpose of defrauding
sub-contractors fixed an unreasonably low price in their original
contract for the erection or repairing of such house, building or
other improvement, then the court shall ascertain how much of a
difference exists between a fair price for labor and material used in
said house, building or other improvement, and the sum named in said
original contract, and said difference shall be considered a part of
the contract and be subject to a lien. But where the contractor's
statement, made as provided in Section 5, shows the amount to be paid
to the sub-contractor, or party furnishing material, or the
sub-contractor's statement, made pursuant to Section 22, shows the
amount to become due for material; or notice is given to the owner,
4504 JOURNAL OF THE [May 14, 1999]
as provided in Sections 24 and 25, and thereafter such sub-contract
shall be performed, or material to the value of the amount named in
such statements or notice, shall be prepared for use and delivery, or
delivered without written protest on the part of the owner previous
to such performance or delivery, or preparation for delivery, then,
and in any of such cases, such sub-contractor or party furnishing or
preparing material, regardless of the price named in the original
contract, shall have a lien therefor to the extent of the amount
named in such statements or notice. In case of default or abandonment
by the contractor, the sub-contractor or party furnishing material,
shall have and may enforce his lien to the same extent and in the
same manner that the contractor may under conditions that arise as
provided for in section 4 of this Act, and shall have and may
exercise the same rights as are therein provided for the contractor.
Any provision in a contract, agreement, or understanding, when
payment from a contractor to a subcontractor or supplier is
conditioned upon receipt of the payment from any other party
including a private or public owner, shall not be a defense by the
party responsible for payment to a claim brought under Section 21,
22, 23, or 28 of this Act against the party. For the purpose of this
Section, "contractor" also includes subcontractor or supplier. The
provisions of Public Act 87-1180 shall be construed as declarative of
existing law and not as a new enactment.
(Source: P.A. 87-361; 87-362; 87-895; 87-1180; 88-45.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 2. Amend House Bill 658, AS AMENDED, with
reference to the page and line numbers of Senate Amendment No. 1, on
page 2, by replacing lines 16 through 18 with the following:
"equipment, with or without an operator, to the owner of a parcel of
land or a structure for use in the process of construction about the
land or structure where the improvement is for other than a single or
multi-family residence of less than 10 residences under a common
roof, is known under this Act as a"; and
on page 2, line 28, after "leased", by inserting the following:
"and used in the process of construction about the land or structure
where the improvement is for other than a single or multi-family
residence of less than 10 residences under a common roof"; and
on page 3, line 11, after "operator,", by inserting the following:
"for use in the process of construction about the land or structure
where the improvement is for other than a single or multi-family
residence of less than 10 residences under a common roof,".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 658 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 733
A bill for AN ACT to amend the Health Care Facilities Planning
Act by changing Section 4.
HOUSE OF REPRESENTATIVES 4505
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 733.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 733 as follows:
on page 3, below line 29, by inserting the following:
"Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 733 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 819
A bill for AN ACT to amend the Metropolitan Water Reclamation
District Act by changing Section 7a.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 819.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 819 on page 1, lines 2 and 6,
by replacing "Section 7a" each time it appears with "Sections 4.13
and 7a"; and
on page 1, by inserting below line 6 the following:
"(70 ILCS 2605/4.13) (from Ch. 42, par. 323.13)
Sec. 4.13. Exemptions from civil service. The following offices
and places of employment, insofar as there are or may be such in the
sanitary district, shall not be included within the classified civil
service: All elective officers, the director of personnel, the clerk,
treasurer, chief engineer, attorney, general superintendent, chief of
maintenance and operation, purchasing agent, director of research and
development, director of information technology, and secretary and
administrative aide to the president of the board of trustees,
members of the civil service board and special examiners appointed by
the civil service board and the secretaries to the officers and
4506 JOURNAL OF THE [May 14, 1999]
individual trustees, and those employed for periods not exceeding 7 5
years under any apprentice program, training program, or intern
program programs funded wholly or in part by grants from the State of
Illinois or the United States of America. Further, apprentices in a
sanitary district apprenticeship program for the trades shall not be
included within the classified civil service. Entry into a sanitary
district apprenticeship program for the trades shall be by lottery.
Graduates of a sanitary district apprenticeship program for the
trades shall be given additional points, in an amount to be
determined by the Director of Personnel, on examinations for civil
service journeymen positions in the trades at the sanitary district.
(Source: P.A. 87-370; 87-1146.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 819 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1061
A bill for AN ACT to amend the Franchise Disclosure Act of 1987
by changing Section 5.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1061.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1061 by replacing the title
with the following:
"AN ACT concerning soft drink beverage distribution."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Soft
Drink Industry Fair Dealing Act.
Section 5. Definitions. As used in this Act:
"Distribution agreement" means any contract, appointment,
agreement, course of dealing, or arrangement, express or implied,
whether oral or written, for a definite or indefinite period, between
a supplier and a distributor pursuant to which the distributor has
been granted the right to (i) directly or through a cooperative or
association of which the distributor is a member, bottle or can one
or more soft drink beverages or process soft drink beverage
concentrate into beverage syrup, and (ii) sell, distribute, or
deliver such soft drink beverages or soft drink beverage syrup under
trademarks owned or licensed by the supplier.
"Distributor" means a person in this State who (i) directly or
through a cooperative or association of which the person is a member,
HOUSE OF REPRESENTATIVES 4507
bottles or cans one or more soft drink beverage or processes soft
drink beverage concentrate into beverage syrup, and (ii) sells,
distributes, or delivers such soft drink beverages or soft drink
beverage syrup under trademarks owned or licensed by a supplier.
"Distributorship" means a business relationship between a
supplier and a distributor established pursuant to a distribution
agreement. Except as otherwise expressly provided in this Act, the
term "distributorship" does not include a partnership, joint venture,
corporation, limited liability company, or other entity owned in
whole or in part by a supplier.
"Good cause" means the material failure of a distributor to
comply with essential and reasonable requirements imposed upon the
distributor by a distribution agreement or bad faith in the
performance of a distribution agreement. The requirements may not be
discriminatory either by their terms or in the methods or effects of
enforcement as compared with requirements imposed upon other
similarly situated Illinois distributors. The requirements may not
be inconsistent with this Act or in violation of any law or
regulation. The failure of a distributor to assent to any amendment,
modification, or change in the terms of a distribution agreement that
impairs, restricts, or eliminates, in whole or in part, the
distribution or delivery rights of a distributor under the
distribution agreement shall not constitute good cause.
"Good faith" means honesty in fact and the observation of
reasonable commercial standards for fair dealing in trade.
"Person" means a natural person, partnership, joint venture,
corporation, limited liability company, or other entity and includes
heirs, assigns, successors, personal representatives, and guardians.
"Soft drink" means a non-alcoholic, carbonated beverage made from
a concentrate, syrup, or other beverage base.
"Soft drink products" means ready-to-use soft drinks, whether in
bottles, cans, or other containers and soft drink beverage syrup for
use in servicing fountain equipment and cup vending machines
dispensing soft drinks.
"Supplier" means a person engaged in the manufacture or marketing
of soft drink beverage concentrate, syrup, or other soft drink
beverage base for use in the preparation of soft drink products sold
under trademarks owned or licensed by such person.
Section 10. Legislative declarations; construction; variation by
contract.
(a) The General Assembly makes the following findings and
declarations:
(1) Distributors of soft drink products in the State of
Illinois have been and are required to make substantial capital
investments in plant, property, and equipment in order to fulfill
their obligations under distribution agreements. Distributors
must rely upon the continuing right to sell and distribute soft
drink products to recover their investments and to obtain a
reasonable return on those investments.
(2) Distributorship relationships in the State of Illinois
vitally affect the general economy of the State and the public's
interest in the fair, efficient, and competitive distribution of
soft drink products.
(b) The purposes of this Act are to promote the public's
interest in the fair, efficient, and competitive distribution of soft
drink products by regulation and by the encouragement of suppliers
and distributors of soft drink products to conduct their business
relations toward these ends by:
(1) protecting distributors against unfair treatment by
suppliers in the negotiation, revision, renewal, and cancellation
of distributorships and distribution practices;
4508 JOURNAL OF THE [May 14, 1999]
(2) assuring that distributors are free to manage their
business enterprises;
(3) assuring suppliers and the public of continuing service
from distributors able to devote adequate efforts and resources
to the processing, bottling, canning, distribution, and delivery
of soft drink products as to which they have been granted a
distributorship; and
(4) providing distributors with rights and remedies in
addition to those existing by contract or at common law.
This Act shall be liberally construed and applied to promote its
underlying purposes.
(c) Any contract or agreement purporting to waive or vary the
provisions of this Act, or purporting to preclude the application of
this Act to any distributorship subject to this Act is void and
unenforceable to that extent.
(d) This Act provides distributors with rights and remedies in
addition to those existing by contract or common law and reaffirms
rights and remedies provided by contract or common law.
(e) In accordance with Section 1.31 of the Statute on Statutes,
the provisions of this Act are severable. If any provision of this
Act, or the application of any provision of this Act to any person or
circumstance, is held invalid, such invalidity shall not affect other
provisions or applications of this Act which can be given effect
without the invalid provision or application, and the application of
this Act to persons or circumstances other than those as to which it
is held invalid shall not be affected thereby.
Section 15. Cancellation and alteration of distributorships.
(a) No supplier, directly or through any officer, agent,
employee, or representative, shall:
(1) cancel, fail to renew, or otherwise terminate a
distribution agreement without good cause to do so;
(2) unilaterally impose any amendment, modification, or
change in the terms of a distribution agreement;
(3) fail to exercise good faith in the negotiation of any
amendment, modification, or change in the terms of a distribution
agreement, engage in retaliatory conduct against a distributor
for the exercise of a legal right, or otherwise fail to exercise
good faith in its dealings with a distributor;
(4) discriminate in pricing, fees, charges or other terms
of the distributorship against any distributor that withholds its
assent to any amendment, modification, or change in the terms of
a distribution agreement;
(5) restrict or inhibit, directly or indirectly, the right
of free association among distributors for any lawful purpose;
(6) fail, without good cause, to offer a distributor the
right, within its geographic territory, to (i) directly or
through a cooperative or association of which the distributor is
a member, bottle or can any new soft drink beverages introduced
by the supplier and process any new soft drink beverage
concentrate into beverage syrup, and (ii) sell, distribute, and
deliver such soft drink beverages or soft drink beverage syrup
under trademarks owned or licensed by the supplier or offer a
distributor such right on terms and conditions less favorable
than such right is offered to any other distributor of the
supplier, including any distributor owned in whole or in part by
the supplier.
(b) No supplier who, pursuant to a distribution agreement, has
granted a person the exclusive right in a generally defined
geographic area to (i) directly or through a cooperative or
association of which the person is a member, bottle or can one or
more soft drink beverages, or process soft drink beverage concentrate
HOUSE OF REPRESENTATIVES 4509
into beverage syrup, and (ii) sell, distribute, or deliver such soft
drink beverages or soft drink beverage syrup under trademarks owned
or licensed by the supplier, shall, directly or through any officer,
agent, employee, or representative, enter into an agreement
authorizing, permitting, contemplating, or providing for the exercise
of any of such rights in the same geographic area by any other
person.
Section 20. Notice of cancellation.
(a) Except as hereinafter provided in subsection (c), no
supplier may cancel, fail to renew, or otherwise terminate a
distribution agreement unless the supplier furnishes prior
notification to the affected party in accordance with subsection (b).
(b) The notification required by subsection (a) of this Section
shall contain (i) a statement of the supplier's intention to cancel,
fail to renew, or otherwise terminate the distribution agreement,
(ii) a complete statement of the reasons therefor, including all data
and documentation necessary to fully apprise the distributor of the
reasons for the action, and (iii) the date on which the action is
intended to take effect. The notification shall be in writing and
sent to the affected distributor by certified mail not less than 90
days before the date on which the supplier intends to cancel, fail to
renew, or otherwise terminate the distribution agreement, and shall
provide the distributor a reasonable period of time, in no event less
than 60 days from the date of delivery or posting of the notice,
within which to cure any claimed deficiency. If the reason for
cancellation, nonrenewal, or other termination is nonpayment of sums
due under the distributorship, the notification shall be sent not
less than 30 days before the date on which the supplier intends to
cancel, fail to renew, or otherwise terminate the distribution
agreement, and the distributor shall have 30 days from the date of
delivery or posting of the notice within which to cure the default.
If the deficiency is cured within the applicable period, the notice
shall be void.
(c) The notice requirements of this Section shall not apply if
the reason for cancellation, failure to renew, or other termination
of a distributorship agreement is:
(1) an assignment for the benefit of the distributor's
creditors or similar disposition of substantially all of the
assets of the distributor's business;
(2) the insolvency of the distributor or the institution of
proceedings in bankruptcy by or against the distributor; or
(3) the dissolution or liquidation of the distributor.
Section 25. Transfer of business assets and stock. No supplier,
directly or through any officer, agent, employee or representative,
shall:
(a) unreasonably withhold or delay its consent, if requested by
a distributor, to any assignment, sale, transfer, or other
disposition of all or any portion of (i) a distributor's business,
assets, or stock, or of the beneficial ownership or control of a
distributor, or (ii) the stock, beneficial ownership, or control of
any other entity owning or controlling a distributor;
(b) upon the death of a person owning or controlling a
distributor, unreasonably deny approval of a transfer of ownership or
control of the distributorship to a surviving spouse or adult child
of such person;
(c) upon the death of one of the partners of a partnership
operating the business of a distributor, deny the surviving partner
or partners of such partnership the right to become a
successor-in-interest to the distribution agreement between the
supplier and such partnership;
(d) unreasonably withhold or delay its consent, if requested by
4510 JOURNAL OF THE [May 14, 1999]
a distributor, to any assignment, sale, or transfer to the
distributor of all or any portion of the business, assets, or stock
of any other person who has been granted the right to (i) directly or
through a cooperative or association of which the person is a member,
bottle or can one or more soft drink beverages or process soft drink
beverage concentrate into beverage syrup, and (ii) sell, distribute,
or deliver soft drink beverages or soft drink beverage syrup under
trademarks owned or licensed by the supplier, where the distributor
and such other person have freely negotiated such an assignment,
sale, or transfer.
Section 30. Reasonable compensation.
(a) Any supplier that (i) cancels, fails to renew, or otherwise
terminates any distribution agreement, or (ii) unlawfully denies
approval of or unreasonably withholds consent to any assignment,
transfer, or sale of a distributor's business, assets, stock, or
other ownership interest in a distributor, shall (i) pay the
distributor the fair market value of that portion of the
distributor's business that the supplier has cancelled, failed to
renew, or otherwise terminated, or (ii) pay the distributor or other
aggrieved person the fair market value of that portion of the
business, assets, stock, or other ownership interest sought to be
assigned, transferred, or sold. Fair market value shall include, but
shall not be limited to, the value of the goodwill associated with
the business, assets, stock, or other ownership interest valued
hereunder, and such fair market value shall be determined without
regard to any marketability, minority interest, or other similar
discount or reduction.
(b) If a supplier and a distributor or other aggrieved person
are unable to agree on the reasonable compensation to be paid under
subsection (a), any such party may maintain a civil suit as provided
in Section 35 of this Act or the matter may, by mutual agreement of
the parties, be submitted to arbitration or mediation. Unless the
parties otherwise agree, the costs of arbitration shall be shared
equally by the parties.
(c) No distributorship agreement may require the distributor to
pay more than half the costs of arbitration or mediation or require
arbitration or mediation to be conducted outside this State.
Section 35. Judicial remedies.
(a) It shall be an affirmative defense in an action between the
parties to a distributorship agreement that good cause existed for a
supplier to cancel, fail to renew, or otherwise terminate the
distributorship agreement at issue.
(b) If a supplier engages in any of the practices prohibited by
Section 15 of this Act or violates any of the provisions of Sections
20, 25, or 30 of this Act, any aggrieved distributor or other
aggrieved person may bring an action against the supplier for damages
sustained by the distributor as a consequence thereof, together with
the actual costs and expenses of the action, including reasonable
attorney's fees. The aggrieved distributor or other aggrieved person
also may be granted injunctive relief, including injunctive relief
against an unlawful termination, cancellation, nonrenewal, or other
termination of a distribution agreement. The remedies provided in
this subsection (b) are cumulative with all other remedies available
to an aggrieved distributor or other aggrieved person, including but
not limited to the remedies provided for in subsections (c), (d) and
(e) of this Section.
(c) Upon proper application to the court, a supplier,
distributor, or other aggrieved person may bring an action to
determine reasonable compensation under Section 30 of this Act.
(d) A supplier, distributor, or other aggrieved person may bring
an action for a declaratory judgment to determine any controversy
HOUSE OF REPRESENTATIVES 4511
arising under this Act or out of the distributorship relationship.
(e) If, in any action brought pursuant to this Act, a finding is
made that a party has not acted in good faith with respect to any
other party to a distribution agreement, an appropriate penalty shall
be assessed against that party and, in addition, that party shall
also be ordered to pay the actual costs and expenses of the action,
including reasonable attorney's fees incurred by the other party.
(f) Any action brought pursuant to this Act shall be brought in
a court of this State or in a federal court in this State vested with
jurisdiction over the controversy. Venue in any such action shall be
in accordance with the Code of Civil Procedure or Title 28 of the
U.S. Code, as the case may be, provided that in any action brought in
a court of this State, venue also shall exist in any county in which
the distributorship is located.
(g) Nothing in this Act shall (i) prohibit the parties to any
dispute from agreeing to arbitrate the dispute or to submit the
dispute to mediation or (ii) prohibit the enforcement of any
arbitration or mediation agreement in accordance with applicable
Illinois law. In any such arbitration or mediation, the definitions
and substantive provisions of this Act shall apply and the arbitrator
or mediator may afford the remedies provided for by this Act.
Section 40. Application of this Act. This Act shall govern all
relations between suppliers and distributors to the fullest extent
consistent with the constitutions of this State and of the United
States. All provisions of this Act which are declarative of or
clarify existing law, including the provisions of Section 15(a)(3) of
this Act, apply to all agreements between a supplier and a
distributor whether those agreements were entered into before or
after the effective date of this Act. In addition, this Act shall,
to the fullest extent permitted by law, apply (i) to conduct
occurring after the effective date of this Act, whether or not such
conduct relates to a distribution agreement entered into before the
effective date of this Act, and (ii) to distribution agreements
entered into or amended after the effective date of this Act,
including any renewal of a distribution agreement in existence on or
before the effective date of this Act. Renewal of a distribution
agreement with a designated term or duration shall mean (i) the
establishment of a new term or duration, (ii) an extension of the
distribution agreement on any other basis, or (iii) the shipment of
soft drink concentrate or syrup to the distributor after the
expiration of the designated term or duration. Renewal of a
distribution agreement that provides for a month to month, year to
year, or other periodic term or duration, shall mean (i) the
continuation of the distributorship into the next month, year, or
other period commencing after the effective date of this Act, (ii) an
extension of the distribution agreement on any other basis, or (iii)
the shipment of soft drink concentrate or syrup to a distributor
after the expiration of the month, year, or other period of the
distribution agreement. Renewal of any distribution agreement that
does not have a designated term or duration, or that is terminable at
will or upon notice, shall mean the shipment of soft drink
concentrate or syrup to a distributor after the effective date of
this Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1061 was placed on the Calendar on the order of
Concurrence.
4512 JOURNAL OF THE [May 14, 1999]
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1134
A bill for AN ACT to amend the School Code by changing Section
18-8.05.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1134.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1134 as follows:
on page 7, immediately below line 6, by inserting the following:
"(5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements set
forth in paragraph (4) of subsection (G) shall be increased by an
amount equal to the general State aid that would have been received
by the district for the 1998-1999 school year by utilizing the
Extension Limitation Equalized Assessed Valuation as calculated in
paragraph (4) of subsection (G) less the general State aid allotted
for the 1998-1999 school year. This amount shall be deemed a one
time increase, and shall not affect any future general State aid
allocations."; and
on page 12, by replacing lines 21 and 22 with the following:
"Operating Tax Rate as defined in subsection (A)."; and
on page 13, immediately below line 21, by inserting the following:
"(4) For the purposes of calculating general State aid for the
1999-2000 school year only, if a school district experienced a
triennial reassessment on the equalized assessed valuation used in
calculating its general State financial aid apportionment for the
1998-1999 school year, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation that would have
been used to calculate the district's 1998-1999 general State aid.
This amount shall equal the product of the equalized assessed
valuation used to calculate general State aid for the 1997-1998
school year and the district's Extension Limitation Ratio. If the
Extension Limitation Equalized Assessed Valuation of the school
district as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in calculating the
district's 1998-1999 general State aid allocation, then for purposes
of calculating the district's general State aid pursuant to paragraph
(5) of subsection (E), that Extension Limitation Equalized Assessed
Valuation shall be utilized to calculate the district's Available
Local Resources.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1134 was placed on the Calendar on the order of
HOUSE OF REPRESENTATIVES 4513
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1177
A bill for AN ACT to amend the Consumer Fraud and Deceptive
Business Practices Act by changing Section 10a.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 3 to HOUSE BILL NO. 1177.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 3. Amend House Bill 1177 by replacing the title
with the following:
"AN ACT concerned with home repair and remodeling fraud."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Home
Repair and Remodeling Act.
Section 5. Policy. It is the public policy of this State that
in order to safeguard the life, health, property, and public welfare
of its citizens, the business of home repair and remodeling is a
matter affecting the public interest. The General Assembly
recognizes that improved communications and accurate representations
between persons engaged in the business of making home repairs or
remodeling and their consumers will increase consumer confidence,
reduce the likelihood of disputes, and promote fair and honest
practices in that business in this State.
Section 10. Definitions. As used in this Act:
"Home repair and remodeling" means the fixing, replacing,
altering, converting, modernizing, improving, or making of an
addition to any real property primarily designed or used as a
residence other than maintenance, service, or repairs under $500.
"Home repair and remodeling" includes the construction, installation,
replacement, or improvement of driveways, swimming pools, porches,
kitchens, bathrooms, basements, chimneys, chimney liners, garages,
fences, fallout shelters, central air conditioning, central heating,
boilers, furnaces, electrical wiring, sewers, plumbing fixtures,
storm doors, windows, roofs, awnings, and other improvements to
structures within the residence or upon the land adjacent to the
residence. "Home repair and remodeling" does not include the sale,
installation, cleaning, or repair of carpets; the repair,
installation, replacement, or connection of any home appliance
including, but not limited to, disposals, refrigerators, ranges,
garage door openers, televisions or television antennas, washing
machines, telephones, hot water heaters, satellite dishes, or other
appliances when the persons replacing, installing, repairing, or
connecting the home appliance are employees or agents of the merchant
4514 JOURNAL OF THE [May 14, 1999]
that sold the home appliance or sold new products of the same type;
or landscaping.
"Person" means any individual, partnership, corporation,
business, trust, or other legal entity.
"Residence" means a single-family home or dwelling or a
multiple-family home or dwelling containing 6 or fewer apartments,
condominiums, town houses, or dwelling units, used or intended to be
used by occupants as dwelling places. This Act does not apply to
original construction of single-family or multi-family residences or
repairs to dwellings containing more than 6 apartments or family
units.
Section 15. Written contract; costs enumerated. Prior to
initiating home repair or remodeling work for over $1,000, a person
engaged in the business of home repair or remodeling shall furnish to
the customer for signature a written contract or work order that
states the total cost, including parts and materials listed with
reasonable particularity and any charge for an estimate. In
addition, the contract shall state the business name and address of
the person engaged in the business of home repair or remodeling. If
the person engaged in the business of home repair or remodeling uses
a post office box or mail receiving service or agent to receive home
repair or remodeling business correspondence, the contract also shall
state the residence address of the person engaged in the business of
home repair or remodeling.
Section 20. Consumer rights brochure. (a) For any contract over
$1,000, any person engaging in the business of home repair and
remodeling shall provide to its customers a copy of the "Home Repair:
Know Your Consumer Rights" pamphlet prior to the execution of any
home repair and remodeling contract. The consumer shall sign and
date an acknowledgment form entitled "Consumer Rights Acknowledgment
Form" that states: "I, the homeowner, have received from the
contractor a copy of the pamphlet entitled 'Home Repair: Know Your
Consumer Rights.'" The contractor or his or her representative shall
also sign and date the acknowledgment form, which includes the name
and address of the home repair and remodeling business. The
acknowledgment form shall be in duplicate and incorporated into the
pamphlet. The original acknowledgment form shall be retained by the
contractor and the duplicate copy shall be retained within the
pamphlet by the consumer.
(b) For any contract for $1,000 or under, any person engaging in
the business of home repair and remodeling shall provide to its
customers a copy of the "Home Repair: Know Your Consumer Rights"
pamphlet. No written acknowledgment of receipt of the pamphlet is
required for a contract of $1,000 or under.
(c) The pamphlet must be a separate document, in at least 12
point type, and in legible ink. The pamphlet shall read as follows:
"HOME REPAIR: KNOW YOUR CONSUMER RIGHTS
As you plan for your home repair/improvement project, it is
important to ask the right questions in order to protect your
investment. The tips in this fact sheet should allow you to protect
yourself and minimize the possibility that a misunderstanding may
occur.
AVOIDING HOME REPAIR FRAUD
Please use extreme caution when confronted with the following warning
signs of a potential scam:
(1) Door-to-door salespersons with no local connections who
offer to do home repair work for substantially less than the market
price.
(2) Solicitations for repair work from a company that lists only
a telephone number or a post-office box number to contact,
particularly if it is an out-of-state company.
HOUSE OF REPRESENTATIVES 4515
(3) Contractors who fail to provide customers references when
requested.
(4) Persons offering to inspect your home for free. Do not
admit anyone into your home unless he or she can present authentic
identification establishing his or her business status. When in
doubt, do not hesitate to call the worker's employer to verify his or
her identity.
(5) Contractors demanding cash payment for a job or who ask you
to make a check payable to a person other than the owner or company
name.
(6) Offers from a contractor to drive you to the bank to
withdraw funds to pay for the work.
CONTRACTS
(1) Get all estimates in writing.
(2) Do not be induced into signing a contract by high-pressure
sales tactics.
(3) Never sign a contract with blank spaces or one you do not
fully understand. If you are taking out a loan to finance the work,
do not sign the contract before your lender approves the loan.
(4) Remember, you have 3 business days from the time you sign
your contract to cancel any contract if the sale is made at your
home. The contractor cannot deprive you of this right by initiating
work, selling your contract to a lender, or any other tactic.
(5) If the contractor does business under a name other than the
contractor's real name, the business must either be incorporated or
registered under the Assumed Business Name Act. Check with the
Secretary of State to see if the business is incorporated or with the
county clerk to see if the business has registered under the Assumed
Business Name Act.
(6) Homeowners should check with local and county units of
government to determine if permits or inspections are required.
(7) Determine whether the contractor will guarantee his or her
work and products.
(8) Determine whether the contractor has the proper insurance.
(9) Do not sign a certificate of completion or make final
payment until the work is done to your satisfaction.
(10) Remember, homeowners should know who provides supplies and
labor for any work performed on your home. Suppliers and
subcontractors have a right to file a lien against your property if
the general contractor fails to pay them. To protect your property,
request lien waivers from the general contractor.
BASIC TERMS TO BE INCLUDED IN A CONTRACT
(1) Contractor's full name, address, and telephone number.
Illinois law requires that persons selling home repair and
improvement services provide their customers with notice of any
change to their business name or address that comes about prior to
the agreed dates for beginning or completing the work.
(2) A description of the work to be performed.
(3) Starting and estimated completion dates.
(4) Total cost of work to be performed.
(5) Schedule and method of payment, including down payment,
subsequent payments, and final payment.
(6) A provision stating the grounds for termination of the
contract by either party. However, the homeowner must pay the
contractor for work completed. If the contractor fails to commence
or complete work within the contracted time period, the homeowner may
cancel and may be entitled to a refund of any down payment or other
payments made towards the work, upon written demand by certified
mail.
Homeowners should obtain a copy of the signed contract and keep
it in a safe place for reference as needed.
4516 JOURNAL OF THE [May 14, 1999]
IF YOU THINK YOU HAVE BEEN DEFRAUDED OR YOU HAVE QUESTIONS
If you think you have been defrauded by a contractor or have any
questions, please bring it to the attention of your State's Attorney
or the Illinois Attorney General's Office.
Attorney General Toll-Free Numbers
Carbondale (800) 243-0607
Springfield (800) 243-0618
Chicago (800) 386-5438".
Section 25. Insurance required. Any person engaged in the
business of home repair and remodeling shall obtain and maintain in
full force and effect during the operation of the business public
liability and property damage insurance in the amount of $100,000 per
person and $300,000 per occurrence of bodily injury, $50,000 per
occurrence for property damage, and in the amount of $10,000 per
occurrence for improper home repair or remodeling not in conformance
with applicable State, county, or municipal building codes, unless
the person has a net worth of not less than $1,000,000 as determined
on the basis of the person's most recent financial statement,
prepared within 13 months.
Section 30. Unlawful acts. It is unlawful for any person
engaged in the business of home repairs and remodeling to remodel or
make repairs or charge for remodeling or repair work before obtaining
a signed contract or work order over $1,000. This conduct is
unlawful but is not exclusive nor meant to limit other kinds of
methods, acts, or practices that may be unfair or deceptive.
Section 35. Enforcement.
(a) The Attorney General or the State's Attorney of any county
in this State may bring an action in the name of the people of this
State against any person to restrain and prevent any pattern or
practice violation of this Act. In the enforcement of this Act, the
Attorney General or the State's Attorney may accept an assurance of
voluntary compliance from anyone engaged in any conduct, act, or
practice deemed in violation of this Act. Failure to perform the
terms of any such assurance constitutes prima facie evidence of a
violation of this Act.
(b) All remedies, penalties, and authority granted to the
Attorney General or the State's Attorney of any county in this State
by the Consumer Fraud and Deceptive Business Practices Act shall be
available to him or her for enforcement of this Act, and any
violation of this Act shall constitute a violation of the Consumer
Fraud and Deceptive Business Practices Act.
Section 900. The Consumer Fraud and Deceptive Business Practices
Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Home Repair and Remodeling
Act, the Dance Studio Act, the Physical Fitness Services Act, the
Hearing Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer Protection
Act, the Travel Promotion Consumer Protection Act, the Credit
Services Organizations Act, the Automatic Telephone Dialers Act, the
Pay-Per-Call Services Consumer Protection Act, the Telephone
Solicitations Act, the Illinois Funeral or Burial Funds Act, the
Cemetery Care Act, or the Pre-Need Cemetery Sales Act commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 89-72, eff. 12-31-95; 89-615, eff. 8-9-96; 90-426, eff.
1-1-98.)
Section 999. Effective date. This Act takes effect January 1,
2000.".
HOUSE OF REPRESENTATIVES 4517
The foregoing message from the Senate reporting Senate Amendment
No. 3 to HOUSE BILL 1177 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1278
A bill for AN ACT in relation to cannabis and controlled
substances.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 1278.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 1278 by replacing the title
with the following:
"AN ACT in relation to controlled substances."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Controlled Substances Act is amended by
changing Sections 102, 401, and 401.5 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the context
otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as to
endanger the public morals, health, safety or welfare or who is so
far addicted to the use of a dangerous drug or controlled substance
other than alcohol as to have lost the power of self control with
reference to his addiction.
(b) "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
(1) a practitioner (or, in his presence, by his authorized
agent), or
(2) the patient or research subject at the lawful direction
of the practitioner.
(c) "Agent" means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor, or dispenser. It
does not include a common or contract carrier, public warehouseman or
employee of the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal substance,
chemically and pharmacologically related to testosterone (other than
estrogens, progestins, and corticosteroids) that promotes muscle
growth, and includes:
(i) boldenone,
(ii) chlorotestosterone,
(iii) chostebol,
4518 JOURNAL OF THE [May 14, 1999]
(iv) dehydrochlormethyltestosterone,
(v) dihydrotestosterone,
(vi) drostanolone,
(vii) ethylestrenol,
(viii) fluoxymesterone,
(ix) formebulone,
(x) mesterolone,
(xi) methandienone,
(xii) methandranone,
(xiii) methandriol,
(xiv) methandrostenolone,
(xv) methenolone,
(xvi) methyltestosterone,
(xvii) mibolerone,
(xviii) nandrolone,
(xix) norethandrolone,
(xx) oxandrolone,
(xxi) oxymesterone,
(xxii) oxymetholone,
(xxiii) stanolone,
(xxiv) stanozolol,
(xxv) testolactone,
(xxvi) testosterone,
(xxvii) trenbolone, and
(xxviii) any salt, ester, or isomer of a drug or
substance described or listed in this paragraph, if that
salt, ester, or isomer promotes muscle growth.
Any person who is otherwise lawfully in possession of an anabolic
steroid, or who otherwise lawfully manufactures, distributes,
dispenses, delivers, or possesses with intent to deliver an anabolic
steroid, which anabolic steroid is expressly intended for and
lawfully allowed to be administered through implants to livestock or
other nonhuman species, and which is approved by the Secretary of
Health and Human Services for such administration, and which the
person intends to administer or have administered through such
implants, shall not be considered to be in unauthorized possession or
to unlawfully manufacture, distribute, dispense, deliver, or possess
with intent to deliver such anabolic steroid for purposes of this
Act.
(d) "Administration" means the Drug Enforcement Administration,
United States Department of Justice, or its successor agency.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule under Article II of this Act
whether by transfer from another Schedule or otherwise.
(f) "Controlled Substance" means a drug, substance, or immediate
precursor in the Schedules of Article II of this Act.
(g) "Counterfeit substance" means a controlled substance, which,
or the container or labeling of which, without authorization bears
the trademark, trade name, or other identifying mark, imprint, number
or device, or any likeness thereof, of a manufacturer, distributor,
or dispenser other than the person who in fact manufactured,
distributed, or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of a controlled substance, with or
without consideration, whether or not there is an agency
relationship.
(i) "Department" means the Illinois Department of Human Services
(as successor to the Department of Alcoholism and Substance Abuse) or
its successor agency.
(j) "Department of State Police" means the Department of State
Police of the State of Illinois or its successor agency.
HOUSE OF REPRESENTATIVES 4519
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Professional Regulation" means the Department
of Professional Regulation of the State of Illinois or its successor
agency.
(m) "Depressant" or "stimulant substance" means:
(1) a drug which contains any quantity of (i) barbituric
acid or any of the salts of barbituric acid which has been
designated as habit forming under section 502 (d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352 (d)); or
(2) a drug which contains any quantity of (i) amphetamine
or methamphetamine and any of their optical isomers; (ii) any
salt of amphetamine or methamphetamine or any salt of an optical
isomer of amphetamine; or (iii) any substance which the
Department, after investigation, has found to be, and by rule
designated as, habit forming because of its depressant or
stimulant effect on the central nervous system; or
(3) lysergic acid diethylamide; or
(4) any drug which contains any quantity of a substance
which the Department, after investigation, has found to have, and
by rule designated as having, a potential for abuse because of
its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
(n) "Designated product" means any narcotic drug, amphetamine,
phenmetrazine, methamphetamine, gluthethimide, pentazocine or
cannabis product listed in Schedule II and also means a controlled
substance listed in Schedule II which is determined and designated by
the Department or its successor agency to be such a product. A
designated product shall only be dispensed upon an official
prescription blank.
(o) "Director" means the Director of the Department of State
Police or the Department of Professional Regulation or his designated
agents.
(p) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order
of a prescriber, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for that
delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by administering
or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them; (2) substances intended for use in
diagnosis, cure, mitigation, treatment, or prevention of disease in
man or animals; (3) substances (other than food) intended to affect
the structure of any function of the body of man or animals and (4)
substances intended for use as a component of any article specified
in clause (1), (2), or (3) of this subsection. It does not include
devices or their components, parts, or accessories.
(t-1) "Drug manufacturing equipment" means, but is not limited
to, one, two, or three-neck round-bottom flasks, reflux condensers,
tableting machines, encapsulating machines, heating mantles, tanks
suitable for holding anhydrous ammonia or instruments or devices
suitable for blending or crushing substances into liquid or powder.
"Drug manufacturing equipment" also means any punch, die, plate,
stone or other thing designed to print, imprint, or reproduce the
trademark, trade name or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
4520 JOURNAL OF THE [May 14, 1999]
container or labeling of the drug or container so as to render the
drug a counterfeit substance.
(t-2) "Drug manufacturing facilitator" means any of the
following:
(1) Acetic acid.
(2) Acetic anhydride.
(3) Acetone.
(4) Acetyl chloride.
(5) Ammonium chloride.
(6) Ammonium formate.
(7) Ammonium hydroxide.
(8) Anhydrous ammonia.
(9) Benzene.
(10) Benzyl chloride.
(11) n-Butyl acetate.
(12) n-Butyl alcohol.
(13) sec-Butyl alcohol.
(14) Calcium carbonate.
(15) Calcium hydroxide.
(16) Calcium oxide.
(17) Carbon disulfide.
(18) Chloroform.
(19) Cyclohexane.
(20) Diacetone alcohol.
(21) Ethyl acetate.
(22) Ethyl alcohol (or denatured alcohol).
(23) Ethyl ether.
(24) Ethylidene diacetate.
(25) Formamide.
(26) Formic acid.
(27) Hexane.
(28) Hydrochloric acid.
(29) Hydrochloric gas.
(30) Hydrogen peroxide.
(31) Iodine.
(32) Isobutyl alcohol.
(33) Isopropyl alcohol.
(34) Kerosene.
(35) Lithium metal.
(36) Methyl alcohol.
(37) Methylene chloride.
(38) Methyl ethyl ketone (or 2-Butanone).
(39) Methyl isobutyl alcohol.
(40) N-methylformamide.
(41) Petroleum ether.
(42) Potassium carbonate.
(43) Potassium cyanide.
(44) Potassium hydroxide.
(45) Potassium permanganate.
(46) Red phosphorus.
(47) Sodium bicarbonate.
(48) Sodium carbonate.
(49) Sodium cyanide.
(50) Sodium hydroxide.
(51) Sodium sulfate.
(52) Sulfuric acid.
(53) Tartaric acid.
(54) Toluene.
(55) Trichloroethylene.
(56) Urea.
(57) Xylenes.
HOUSE OF REPRESENTATIVES 4521
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his
treatment for a pathology or condition other than that individual's
physical or psychological dependence upon or addiction to a
controlled substance, except as provided herein: and application of
the term to a pharmacist shall mean the dispensing of a controlled
substance pursuant to the prescriber's order which in the
professional judgment of the pharmacist is lawful. The pharmacist
shall be guided by accepted professional standards including, but not
limited to the following, in making the judgment:
(1) lack of consistency of doctor-patient relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages,
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to a
patient in a private residence, long-term care facility, or hospice
setting by means of parenteral, intravenous, intramuscular,
subcutaneous, or intraspinal infusion.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent, curtail
or limit the manufacture of such controlled substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled substances
within educational facilities approved by the State Board of
Education or its successor agency.
(x) "Local authorities" means a duly organized State, County or
Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit appearance,
including shape, color, size, markings or lack thereof, taste,
consistency, or any other identifying physical characteristic of the
substance, would lead a reasonable person to believe that the
substance is a controlled substance, or (2) is expressly or impliedly
represented to be a controlled substance or is distributed under
circumstances which would lead a reasonable person to believe that
the substance is a controlled substance. For the purpose of
determining whether the representations made or the circumstances of
the distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control of
the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner normally
used for the illegal distribution of controlled substances;
(d) whether the distribution or attempted distribution
4522 JOURNAL OF THE [May 14, 1999]
included an exchange of or demand for money or other property as
consideration, and whether the amount of the consideration was
substantially greater than the reasonable retail market value of
the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial introduction
into commerce of a controlled substance in its finished dosage form
which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized to
dispense and distribute controlled substances under this Act,
provided that such action would be deemed to be carried out in good
faith under subsection (u) if the substances involved were controlled
substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding, processing,
packaging, advertising or distribution of a drug or drugs by any
person registered pursuant to Section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is located in
a state of the United States, other than Illinois, that delivers,
dispenses or distributes, through the United States Postal Service or
other common carrier, to Illinois residents, any substance which
requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or
labeling of its container, except that this term does not include:
(1) by an ultimate user, the preparation or compounding of
a controlled substance for his own use; or
(2) by a practitioner, or his authorized agent under his
supervision, the preparation, compounding, packaging, or labeling
of a controlled substance:
(a) as an incident to his administering or dispensing
of a controlled substance in the course of his professional
practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) "Methamphetamine manufacturing chemical" means any of the
following chemicals or substances containing any of the following
chemicals: benzyl methyl ketone, ephedrine, methyl benzyl ketone,
phenylacetic acid, phenylacetone, phenyl-2-propanone, 1-phenyl-1,
2-propanedione, phenylpropanol, propiophenone, or pseudoephedrine or
any of the salts, optical isomers, or salts of optical isomers of the
above-listed chemicals.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
natural origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative,
or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or preparation
thereof which is chemically equivalent or identical with any of
the substances referred to in clause (1), but not including the
isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salts, compound, isomer, salt of an
HOUSE OF REPRESENTATIVES 4523
isomer, derivative, or preparation of coca leaves including
cocaine or ecgonine, and any salt, compound, isomer, derivative,
or preparation thereof which is chemically equivalent or
identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which do
not contain cocaine or ecgonine (for the purpose of this
paragraph, the term "isomer" includes optical, positional and
geometric isomers).
(bb) "Nurse" means a registered nurse licensed under the Nursing
and Advanced Practice Nursing Act.
(cc) "Official prescription blanks" means the triplicate
prescription forms supplied to prescribers by the Department for
prescribing Schedule II Designated Product controlled substances.
(dd) "Opiate" means any substance having an addiction forming or
addiction sustaining liability similar to morphine or being capable
of conversion into a drug having addiction forming or addiction
sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ff) "Parole and Pardon Board" means the Parole and Pardon Board
of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation, mail-order
pharmacy, government or governmental subdivision or agency, business
trust, estate, trust, partnership or association, or any other
entity.
(hh) "Pharmacist" means any person who holds a certificate of
registration as a registered pharmacist, a local registered
pharmacist or a registered assistant pharmacist under the Pharmacy
Practice Act of 1987.
(ii) "Pharmacy" means any store, ship or other place in which
pharmacy is authorized to be practiced under the Pharmacy Practice
Act of 1987.
(jj) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist, veterinarian,
scientific investigator, pharmacist, physician assistant, advanced
practice nurse, licensed practical nurse, registered nurse, hospital,
laboratory, or pharmacy, or other person licensed, registered, or
otherwise lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to, administer or
use in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written prescription
upon which the designated drug has been indicated prior to the time
of issuance.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, podiatrist or veterinarian who
issues a prescription, a physician assistant who issues a
prescription for a Schedule III, IV, or V controlled substance in
accordance with Section 303.05 and the written guidelines required
under Section 7.5 of the Physician Assistant Practice Act of 1987, or
an advanced practice nurse with prescriptive authority in accordance
with Section 303.05 and a written collaborative agreement under
Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing
Act.
(nn) "Prescription" means a lawful written, facsimile, or verbal
order of a physician licensed to practice medicine in all its
branches, dentist, podiatrist or veterinarian for any controlled
substance, of a physician assistant for a Schedule III, IV, or V
controlled substance in accordance with Section 303.05 and the
4524 JOURNAL OF THE [May 14, 1999]
written guidelines required under Section 7.5 of the Physician
Assistant Practice Act of 1987, or of an advanced practice nurse who
issues a prescription for a Schedule III, IV, or V controlled
substance in accordance with Section 303.05 and a written
collaborative agreement under Sections 15-15 and 15-20 of the Nursing
and Advanced Practice Nursing Act.
(oo) "Production" or "produce" means manufacture, planting,
cultivating, growing, or harvesting of a controlled substance.
(pp) "Registrant" means every person who is required to register
under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each person
authorized to handle controlled substances under the laws of the
United States and of this State.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof, and
any area subject to the legal authority of the United States of
America.
(ss) "Ultimate user" means a person who lawfully possesses a
controlled substance for his own use or for the use of a member of
his household or for administering to an animal owned by him or by a
member of his household.
(Source: P.A. 89-202, eff. 10-1-95; 89-507, eff. 7-1-97; 90-116, eff.
7-14-97; 90-742, eff. 8-13-98; 90-818, eff. 3-23-99.)
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
Sec. 401. Except as authorized by this Act, it is unlawful for
any person knowingly to: (i) manufacture or deliver, or possess with
intent to manufacture or deliver, a controlled or counterfeit
substance or controlled substance analog or (ii) possess any
methamphetamine manufacturing chemical listed in paragraph (z-1) of
Section 102 with the intent to manufacture methamphetamine or the
salt of an optical isomer of methamphetamine or an analog thereof. A
violation of this Act with respect to each of the controlled
substances listed herein constitutes a single and separate violation
of this Act. For purposes of this Section, "controlled substance
analog" or "analog" means a substance which is intended for human
consumption, other than a controlled substance, that has a chemical
structure substantially similar to that of a controlled substance in
Schedule I or II, or that was specifically designed to produce an
effect substantially similar to that of a controlled substance in
Schedule I or II. Examples of chemical classes in which controlled
substance analogs are found include, but are not limited to, the
following: phenethylamines, N-substituted piperidines, morphinans,
ecgonines, quinazolinones, substituted indoles, and
arylcycloalkylamines. For purposes of this Act, a controlled
substance analog shall be treated in the same manner as the
controlled substance to which it is substantially similar.
(a) Any person who violates this Section with respect to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the provisions
of subsections (c), (d), (e), (f), (g) or (h) to the contrary, is
guilty of a Class X felony and shall be sentenced to a term of
imprisonment as provided in this subsection (a) and fined as provided
in subsection (b):
(1) (A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing heroin, or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams of
a substance containing heroin, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams of
HOUSE OF REPRESENTATIVES 4525
a substance containing heroin, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of any substance
containing heroin, or an analog thereof;
(2) (A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing cocaine, or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams of
a substance containing cocaine, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams of
a substance containing cocaine, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of any substance
containing cocaine, or an analog thereof;
(3) (A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing morphine, or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams of
a substance containing morphine, or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams of
a substance containing morphine, or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to 900 grams or more of a substance containing
morphine, or an analog thereof;
(4) 200 grams or more of any substance containing peyote,
or an analog thereof;
(5) 200 grams or more of any substance containing a
derivative of barbituric acid or any of the salts of a derivative
of barbituric acid, or an analog thereof;
(6) 200 grams or more of any substance containing
amphetamine or any salt of an optical isomer of amphetamine, or
an analog thereof;
(6.5) (A) not less than 6 years and not more than 30 years
with respect to 15 grams or more but less than 100 grams of
a substance containing methamphetamine or any salt of an
optical isomer of methamphetamine, or an analog thereof;
(B) not less than 6 years and not more than 40 years
with respect to 100 grams or more but less than 400 grams of
a substance containing methamphetamine or any salt of an
optical isomer of methamphetamine, or an analog thereof;
(C) not less than 6 years and not more than 50 years
with respect to 400 grams or more but less than 900 grams of
a substance containing methamphetamine or any salt of an
optical isomer of methamphetamine, or an analog thereof;
(D) not less than 6 years and not more than 60 years
with respect to 900 grams or more of any substance
containing methamphetamine or any salt of an optical isomer
of methamphetamine, or an analog thereof.
(6.6) (A) not less than 6 years and not more than 30 years
for the possession of any methamphetamine manufacturing
chemical set forth in paragraph (z-1) of Section 102, with
intent to manufacture 30 grams or more but less than 150
grams of any substance containing methamphetamine, or salt
of any optical isomer of methamphetamine, or an analog
thereof;
(B) not less than 6 years and not more than 40 years
for the possession of any methamphetamine manufacturing
4526 JOURNAL OF THE [May 14, 1999]
chemical set forth in paragraph (z-1) of Section 102 with
intent to manufacture 150 grams or more but less than 500
grams of any substance containing methamphetamine, or salt
of an optical isomer of methamphetamine, or an analog
thereof;
(C) not less than 6 years and not more than 50 years
for the possession of any methamphetamine manufacturing
chemical set forth in paragraph (z-1) of Section 102 with
intent to manufacture 500 grams or more but less than 1200
grams of any substance containing methamphetamine, or salt
of an optical isomer of methamphetamine, or an analog
thereof;
(D) not less than 6 years and not more than 60 years
for the possession of any methamphetamine manufacturing
chemical set forth in paragraph (z-1) of Section 102 with
intent to manufacture 1200 grams or more of any substance
containing methamphetamine, or salt of an optical isomer of
methamphetamine, or an analog thereof;
(7) (A) not less than 6 years and not more than 30 years
with respect to: (i) 15 grams or more but less than 100
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 15 or more objects or
15 or more segregated parts of an object or objects but less
than 200 objects or 200 segregated parts of an object or
objects containing in them or having upon them any amounts
of any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(B) not less than 9 years and not more than 40 years
with respect to: (i) 100 grams or more but less than 400
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 200 or more objects or
200 or more segregated parts of an object or objects but
less than 600 objects or less than 600 segregated parts of
an object or objects containing in them or having upon them
any amount of any substance containing lysergic acid
diethylamide (LSD), or an analog thereof;
(C) not less than 12 years and not more than 50 years
with respect to: (i) 400 grams or more but less than 900
grams of a substance containing lysergic acid diethylamide
(LSD), or an analog thereof, or (ii) 600 or more objects or
600 or more segregated parts of an object or objects but
less than 1500 objects or 1500 segregated parts of an object
or objects containing in them or having upon them any amount
of any substance containing lysergic acid diethylamide
(LSD), or an analog thereof;
(D) not less than 15 years and not more than 60 years
with respect to: (i) 900 grams or more of any substance
containing lysergic acid diethylamide (LSD), or an analog
thereof, or (ii) 1500 or more objects or 1500 or more
segregated parts of an object or objects containing in them
or having upon them any amount of a substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(8) 30 grams or more of any substance containing
pentazocine or any of the salts, isomers and salts of isomers of
pentazocine, or an analog thereof;
(9) 30 grams or more of any substance containing
methaqualone or any of the salts, isomers and salts of isomers of
methaqualone, or an analog thereof;
(10) 30 grams or more of any substance containing
phencyclidine or any of the salts, isomers and salts of
isomers of phencyclidine (PCP), or an analog thereof;
HOUSE OF REPRESENTATIVES 4527
(10.5) 30 grams or more of any substance containing
ketamine or any of the salts, isomers and salts of isomers of
ketamine, or an analog thereof;
(11) 200 grams or more of any substance containing any
other controlled substance classified in Schedules I or II, or an
analog thereof, which is not otherwise included in this
subsection.
(b) Any person sentenced with respect to violations of paragraph
(1), (2), (3), (6.5), (6.6), or (7) of subsection (a) involving 100
grams or more of the controlled substance named therein, may in
addition to the penalties provided therein, be fined an amount not
more than $500,000 or the full street value of the controlled or
counterfeit substance or controlled substance analog, whichever is
greater. The term "street value" shall have the meaning ascribed in
Section 110-5 of the Code of Criminal Procedure of 1963. Any person
sentenced with respect to any other provision of subsection (a), may
in addition to the penalties provided therein, be fined an amount not
to exceed $500,000.
(c) Any person who violates this Section with regard to the
following amounts of controlled or counterfeit substances or
controlled substance analogs, notwithstanding any of the provisions
of subsections (a), (b), (d), (e), (f), (g) or (h) to the contrary,
is guilty of a Class 1 felony. The fine for violation of this
subsection (c) shall not be more than $250,000:
(1) 10 or more grams but less than 15 grams of any
substance containing heroin, or an analog thereof;
(2) 1 gram or more but less than 15 grams of any substance
containing cocaine, or an analog thereof;
(3) 10 grams or more but less than 15 grams of any
substance containing morphine, or an analog thereof;
(4) 50 grams or more but less than 200 grams of any
substance containing peyote, or an analog thereof;
(5) 50 grams or more but less than 200 grams of any
substance containing a derivative of barbituric acid or any of
the salts of a derivative of barbituric acid, or an analog
thereof;
(6) 50 grams or more but less than 200 grams of any
substance containing amphetamine or any salt of an optical isomer
of amphetamine, or an analog thereof;
(6.5) 5 grams or more but less than 15 grams of any
substance containing methamphetamine or any salt or optical
isomer of methamphetamine, or an analog thereof;
(7) (i) 5 grams or more but less than 15 grams of any
substance containing lysergic acid diethylamide (LSD), or an
analog thereof, or (ii) more than 10 objects or more than 10
segregated parts of an object or objects but less than 15 objects
or less than 15 segregated parts of an object containing in them
or having upon them any amount of any substance containing
lysergic acid diethylamide (LSD), or an analog thereof;
(8) 10 grams or more but less than 30 grams of any
substance containing pentazocine or any of the salts, isomers and
salts of isomers of pentazocine, or an analog thereof;
(9) 10 grams or more but less than 30 grams of any
substance containing methaqualone or any of the salts, isomers
and salts of isomers of methaqualone, or an analog thereof;
(10) 10 grams or more but less than 30 grams of any
substance containing phencyclidine or any of the salts, isomers
and salts of isomers of phencyclidine (PCP), or an analog
thereof;
(10.5) 10 grams or more but less than 30 grams of any
substance containing ketamine or any of the salts, isomers and
4528 JOURNAL OF THE [May 14, 1999]
salts of isomers of ketamine, or an analog thereof;
(11) 50 grams or more but less than 200 grams of any
substance containing a substance classified in Schedules I or II,
or an analog thereof, which is not otherwise included in this
subsection.
(c-5) Any person who violates this Section with regard to
possession of any methamphetamine manufacturing chemical set forth in
paragraph (z-1) of Section 102 with intent to manufacture 15 grams or
more but less than 30 grams of methamphetamine, or salt of an optical
isomer of methamphetamine or any analog thereof, is guilty of a Class
1 felony. The fine for violation of this subsection (c-5) shall not
be more than $250,000.
(d) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance classified in
Schedules I or II, or an analog thereof, which is (i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an analog thereof, or
(iii) any substance containing methamphetamine or any salt or optical
isomer of methamphetamine, or an analog thereof, is guilty of a Class
2 felony. The fine for violation of this subsection (d) shall not be
more than $200,000.
(d-5) Any person who violates this Section with regard to
possession of any methamphetamine manufacturing chemical set forth in
paragraph (z-1) of Section 102 with intent to manufacture less than
15 grams of methamphetamine, or salt of an optical isomer of
methamphetamine or any analog thereof, is guilty of a Class 2 felony.
The fine for violation of this subsection (d-5) shall not be more
than $200,000.
(e) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance classified in
Schedule I or II, or an analog thereof, which substance is not
included under subsection (d) of this Section, is guilty of a Class 3
felony. The fine for violation of this subsection (e) shall not be
more than $150,000.
(f) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance classified in
Schedule III is guilty of a Class 3 felony. The fine for violation of
this subsection (f) shall not be more than $125,000.
(g) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance classified in
Schedule IV is guilty of a Class 3 felony. The fine for violation of
this subsection (g) shall not be more than $100,000.
(h) Any person who violates this Section with regard to any
other amount of a controlled or counterfeit substance classified in
Schedule V is guilty of a Class 3 felony. The fine for violation of
this subsection (h) shall not be more than $75,000.
(i) This Section does not apply to the manufacture, possession
or distribution of a substance in conformance with the provisions of
an approved new drug application or an exemption for investigational
use within the meaning of Section 505 of the Federal Food, Drug and
Cosmetic Act.
(j) It may be inferred that a person who possessed any
methamphetamine manufacturing chemical set forth in paragraph (z-1)
of Section 102 intended to use the entire amount of such substance to
manufacture methamphetamine or salt of an optical isomer of
methamphetamine if such substance was found in close proximity to a
drug manufacturing facilitator or equipment as described in Section
102 suitable for assisting in the manufacture of methamphetamine or
salt of an optical isomer of methamphetamine.
(Source: P.A. 89-404, eff. 8-20-95; 90-382, eff. 8-15-97; 90-593,
eff. 6-19-98; 90-674, eff. 1-1-99; revised 9-16-98.)
(720 ILCS 570/401.5)
HOUSE OF REPRESENTATIVES 4529
Sec. 401.5. Chemical breakdown of illicit controlled substance.
(a) It is unlawful for any person to manufacture a controlled
substance prohibited by this Act by chemically deriving the
controlled substance from one or more other controlled substances
prohibited by this Act.
(a-5) It is unlawful for any person to possess any substance
with the intent to use the substance to facilitate the manufacture of
any controlled or counterfeit substance or controlled substance
analog other than as authorized by this Act.
(b) A violation of this Section is a Class 4 felony.
(c) This Section does not apply to the manufacture of
methamphetamine or to the possession of any methamphetamine
manufacturing chemicals with the intent to manufacture
methamphetamine or any salt of an optical isomer of methamphetamine,
or an analog of methamphetamine.
(Source: P.A. 90-775, eff. 1-1-99.)".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 1278 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1464
A bill for AN ACT concerning gifts to employees and officials of
units of local government and school districts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1464.
Senate Amendment No. 2 to HOUSE BILL NO. 1464.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1464 by replacing everything
after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Local
Gift Ban Act.
Section 5. Definitions. As used in this Act:
"Commission" means an ethics commission created by a unit of
local government or school district as authorized by this Act.
"Elected official" means a person elected or appointed to an
elective office in a unit of local government or school district.
"Employee" means all full-time or part-time employees, elected
officials, and appointed officials of units of local government,
school districts, and the subsidiary bodies of units of local
government and school districts. The inclusion or exclusion of
4530 JOURNAL OF THE [May 14, 1999]
elected and appointed officials who are non-salaried within the term
"employee" is determined in accordance with Sections 40 and 45.
"Gift" means any gratuity, discount, entertainment, hospitality,
loan, forbearance, or other tangible or intangible item having
monetary value including, but not limited to, cash, food and drink,
and honoraria for speaking engagements related to or attributable to
government employment or the official position of an employee.
"Political organization" means a party, committee, association,
fund, or other organization (whether or not incorporated) organized
and operated primarily for the purpose of directly or indirectly
accepting contributions or making expenditures, or both, for the
function of influencing or attempting to influence the selection,
nomination, election, or appointment of any individual to any
federal, state, or local public office or office in a political
organization, or the election of Presidential or Vice-Presidential
electors, whether or not the individual or electors are selected,
nominated, elected, or appointed. The term includes an organization
that makes expenditures relating to an office described in the
preceding sentence which, if incurred by the individual, would be
allowable as a federal income tax deduction for trade or business
expenses.
"Prohibited source" means any person or entity who:
(1) is seeking official action by the employee, by another
employee directing the first employee, or by the employee's unit
of local government or school district.
(2) does business or seeks to do business with the
employee, with another employee directing the first employee, or
with the employee's unit of local government or school district;
(3) conducts activities regulated by the employee, by
another employee directing the first employee, or by the
employee's unit of local government or school district;
(4) has interests that may be substantially affected by the
performance or non-performance of the official duties of the
employee; or
(5) is subject to an ordinance or resolution of the
employee's unit of local government or school district that
regulates lobbying as authorized by the Lobbyist Registration
Act.
"Subsidiary body of a unit of local government or school
district" means any board, commission, or committee, created or
authorized by statute or ordinance, of a unit of local government or
school district.
"Ultimate jurisdictional authority" means the following:
(1) For an employee who is not an elected official, the
elected or appointed official or subsidiary body of a unit of
local government or school district with ultimate power to
discipline the employee.
(2) For an elected official, the governing body of the unit
of local government or school district of which he or she is an
elected official.
"Unit of local government" is defined as in Section 1 of Article
VII of the Illinois Constitution.
Section 10. Gift ban. Except as otherwise provided in this Act,
no employee shall solicit or accept any gift from any prohibited
source or in violation of any federal or State statute, rule, or
regulation or any ordinance or resolution. This ban applies to and
includes spouses of and immediate family living with the employee. No
prohibited source shall offer or make a gift that violates this
Section.
Section 15. Exceptions. The restriction in Section 10 does not
apply to the following:
HOUSE OF REPRESENTATIVES 4531
(1) Anything for which the employee pays the market value or
anything not used and promptly disposed of as provided in Section 25.
(2) A contribution, as defined in Article 9 of the Election
Code, that is lawfully made under that Code or attendance at a
fundraising event sponsored by a political organization.
(3) A gift from a relative, meaning those people related to the
individual as father, mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, or half sister,
and including the father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(4) Anything provided by an individual on the basis of a
personal friendship unless the employee has reason to believe that,
under the circumstances, the gift was provided because of the
official position or employment of the employee and not because of
the personal friendship.
In determining whether a gift is provided on the basis of
personal friendship, the employee shall consider the circumstances
under which the gift was offered, such as:
(i) the history of the relationship between the individual
giving the gift and the recipient of the gift, including any
previous exchange of gifts between those individuals;
(ii) whether to the actual knowledge of the employee the
individual who gave the gift personally paid for the gift or
sought a tax deduction or business reimbursement for the gift;
and
(iii) whether to the actual knowledge of the employee the
individual who gave the gift also at the same time gave the same
or similar gifts to other employees.
(5) A commercially reasonable loan evidenced in writing with
repayment due by a date certain made in the ordinary course of the
lender's business.
(6) A contribution or other payments to a legal defense fund
established for the benefit of an employee that is otherwise lawfully
made.
(7) Intra-office and inter-office gifts. For the purpose of
this Act, "intra-office gifts" and "inter-office gifts" mean:
(i) any gift given to an employee of a unit of local
government or school district from another employee of that unit
of local government or school district;
(ii) any gift given to an employee of a unit of local
government or school district from an employee of another unit of
local government or school district; or
(iii) any gift given to an employee of a unit of local
government or school district from a member, judge, officer, or
employee subject to the State Gift Ban Act, as those terms are
defined in that Act.
(8) Food, refreshments, lodging, transportation, and other
benefits:
(i) resulting from the outside business or employment
activities (or outside activities that are not connected to the
duties of the employee as an employee) of the employee or the
spouse of the employee, if the benefits have not been offered or
enhanced because of the official position or employment of the
employee and are customarily provided to others in similar
circumstances;
(ii) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
4532 JOURNAL OF THE [May 14, 1999]
(iii) provided by a political organization in connection
with a fundraising or campaign event sponsored by that
organization.
(9) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan.
(10) Informational materials that are sent to the office of the
employee in the form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of communication.
(11) Awards or prizes that are given to competitors in contests
or events open to the public, including random drawings.
(12) Honorary degrees (and associated travel, food,
refreshments, and entertainment provided in the presentation of
degrees and awards).
(13) Training (including food and refreshments furnished to all
attendees as an integral part of the training) provided to an
employee if the training is in the interest of the unit of local
government or school district.
(14) Educational missions, including meetings with government
officials either foreign or domestic, intended to educate public
officials on matters of public policy, to which the employee may be
invited to participate along with other federal, state, or local
public officials and community leaders.
(15) Bequests, inheritances, and other transfers at death.
(16) Anything that is paid for by the federal government, the
State, a unit of local government, or a school district, or secured
by the government under a government contract.
(17) A gift of personal hospitality of an individual other than
a regulated lobbyist or agent of a foreign principal, including
hospitality extended for a nonbusiness purpose by an individual, not
a corporation or organization, at the personal residence of that
individual or the individual's family or on property or facilities
owned by that individual or the individual's family.
(18) Free attendance at a widely attended event permitted under
Section 20.
(19) Opportunities and benefits that are:
(i) available to the public or to a class consisting of all
employees whether or not restricted on the basis of geographic
consideration;
(ii) offered to members of a group or class in which
membership is unrelated to employment or official position;
(iii) offered to members of an organization such as an
employee's association or credit union, in which membership is
related to employment or official position and similar
opportunities are available to large segments of the public
through organizations of similar size;
(iv) offered to any group or class that is not defined in a
manner that specifically discriminates among government employees
on the basis of branch of government or type of responsibility,
or on a basis that favors those of higher rank or rate of pay;
(v) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
(vi) in the form of reduced membership or other fees for
participation in organization activities offered to all
government employees by professional organizations if the only
restrictions on membership relate to professional qualifications.
(20) A plaque, trophy, or other item that is substantially
commemorative in nature and that is extended for presentation.
(21) Golf or tennis; food or refreshments of nominal value and
catered food or refreshments; meals or beverages consumed on the
premises from which they were purchased.
(22) Donations of products from an Illinois company that are
HOUSE OF REPRESENTATIVES 4533
intended primarily for promotional purposes, such as display or free
distribution, and are of minimal value to any individual recipient.
(23) An item of nominal value such as a greeting card, baseball
cap, or T-shirt.
Section 20. Attendance at events.
(a) An employee may accept an offer of free attendance at a
widely attended convention, conference, symposium, forum, panel
discussion, dinner, viewing, reception, or similar event, provided by
the sponsor of the event, if:
(1) the employee participates in the event as a speaker or
a panel participant, by presenting information related to
government, or by performing a ceremonial function appropriate to
the employee's official position or employment; or
(2) attendance at the event is appropriate to the
performance of civic affairs in Illinois or the official duties
or representative function of the employee.
(b) An employee who attends an event described in subsection (a)
may accept a sponsor's unsolicited offer of free attendance at the
event for an accompanying individual.
(c) An employee, or the spouse or dependent of an employee, may
accept a sponsor's unsolicited offer of free attendance at a charity
event, except that reimbursement for transportation and lodging may
not be accepted in connection with the event.
(d) For purposes of this Section, the term "free attendance" may
include waiver of all or part of a conference or other fee, the
provision of transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all attendees
as an integral part of the event. The term does not include
entertainment collateral to the event, nor does it include food or
refreshments taken other than in a group setting with all or
substantially all other attendees, except as authorized under
subsection (21) of Section 15.
Section 25. Disposition of gifts. The recipient of a gift that
is given in violation of this Act may, at his or her discretion,
return the item to the donor or give the item or an amount equal to
its value to an appropriate charity.
Section 30. Reimbursement.
(a) A reimbursement (including payment in kind) to an employee
from a private source other than a regulated lobbyist or agent of a
foreign principal for necessary transportation, lodging, and related
expenses for travel to a meeting, speaking engagement, fact finding
trip, or similar event in connection with the duties of the employee
as an employee shall be deemed to be a reimbursement to the unit of
local government or school district and not a gift prohibited by this
Act if the employee:
(1) discloses the expenses reimbursed or to be reimbursed
and the authorization to the fiscal officer or similar authority
within 30 days after the travel is completed; and
(2) in the case of an employee under direct supervision of
another employee, receives advance authorization from the
supervising employee to accept reimbursement.
(b) For purposes of subsection (a), events, the activities of
which are substantially recreational in nature, shall not be
considered to be in connection with the duties of an employee as an
employee.
(c) Each advance authorization to accept reimbursement shall be
signed by the employee under whose direct supervision the employee
works and shall include:
(1) the name of the employee;
(2) the name of the person who will make the reimbursement;
(3) the time, place, and purpose of the travel; and
4534 JOURNAL OF THE [May 14, 1999]
(4) a determination that the travel is in connection with
the duties of the employee as an employee and would not create
the appearance that the employee is using public employment for
private gain.
(d) Each disclosure made under subsection (a) of expenses
reimbursed or to be reimbursed shall be signed by the employee or, in
the case of an employee under direct supervision of another employee,
by the supervising employee and shall include:
(1) a good faith estimate of total transportation expenses
reimbursed or to be reimbursed;
(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses reimbursed
or to be reimbursed;
(4) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed; and
(5) a determination that all those expenses are necessary
transportation, lodging, and related expenses.
Section 35. Ethics officer. Each unit of local government and
school district must designate an ethics officer for the unit of
local government or school district. An ethics officer may be the
unit of local government's or school district's general counsel or
other employee or may be an outside person or entity. An ethics
officer must:
(1) review statements of economic interests and disclosure
forms of employees before they are filed with the county clerk;
and
(2) provide guidance to employees in the interpretation and
implementation of this Act.
Section. 37. Further restrictions. A unit of local government
or school district may adopt or maintain policies that are more
restrictive than those set forth in this Act.
Section 40. County ethics commission.
(a) The corporate authorities of each county must create an
ethics commission by ordinance and must appoint the commission within
60 days after the effective date of this Act. The commission must
consist of 3, 5, or 7 members, all of whom must be residents of the
county.
(b) The ordinance must specify whether appointed and elected
officials who are non-salaried are exempt from the application of
this Act.
(c) Commission members may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(d) In addition to complaints alleging violations of this Act by
county employees, a county ethics commission must investigate
complaints alleging violations of this Act by employees of another
unit of local government or a school district in accordance with
subsection (b) of Section 45.
Section 45. Other ethics commissions.
(a) Except as provided in subsection (b), the corporate
authorities of each unit of local government, other than a county,
and each school district must create an ethics commission by
ordinance or resolution, as appropriate, and appoint the commission
within 60 days after the effective date of this Act. The commission
must consist of 3, 5, or 7 members, all of whom must be residents of
the unit of local government or school district. The ordinance or
resolution must specify whether appointed and elected officials who
are non-salaried are exempt from the application of this Act.
Commission members may be reimbursed for their reasonable expenses
actually incurred in the performance of their duties.
(b) A unit of local government, other than a county, or school
HOUSE OF REPRESENTATIVES 4535
district may provide by ordinance or resolution, as appropriate, that
complaints alleging violations of this Act by its employees must be
filed with and investigated by the ethics commission of the county in
which the majority of the territory of the unit of local government
or school district lies. The ordinance or resolution must specify
whether appointed and elected officials who are non-salaried are
exempt from the application of this Act. The unit of local government
or school district must provide the corporate authorities of the
county with a copy of that ordinance or resolution. The county
ethics commission must then act as the ethics commission for the unit
of local government or school district.
The unit of local government or school district may enter into
intergovernmental agreements with the county in accordance with
Section 10 of Article VII of the Illinois Constitution for the
implementation of this subsection, including payment of the county
ethics commission's reasonable expenses incurred in investigating
complaints filed against and recommending disciplinary measures for
employees of the unit of local government or school district.
Section 50. Staff. Each commission may employ necessary staff
persons and may contract for services that cannot be satisfactorily
performed by the staff.
Section 55. Powers and duties. Each commission shall have the
following powers and duties:
(1) To promulgate procedures and rules governing the performance
of its duties and the exercise of its powers.
(2) Upon receipt of a signed, notarized, written complaint, to
investigate, conduct research, conduct closed hearings and
deliberations, issue recommendations, and impose a fine.
(3) To act only upon the receipt of a written complaint alleging
a violation of this Act and not upon its own prerogative.
(4) To receive information from the public pertaining to its
investigations and to require additional information and documents
from persons who may have violated this Act.
(5) To subpoena witnesses and compel the production of books and
papers pertinent to an investigation authorized by this Act.
(6) To request that the State's Attorney provide legal advice
without charge to the commission.
(7) To prepare and publish manuals and guides explaining the
duties of individuals covered by this Act.
(8) To prepare public information materials to facilitate
compliance, implementation, and enforcement of this Act.
(9) To submit to each commissioner's respective appointing
authority or authorities an annual statistical report for each year
consisting of (i) the number of complaints filed, (ii) the number of
complaints deemed to sufficiently allege a violation of this Act,
(iii) the recommendation, fine, or decision issued for each
complaint, (iv) the number of complaints resolved, and (v) the status
of pending complaints.
The powers and duties of a commission are limited to matters
clearly within the purview of this Act.
Section 60. Complaint procedure.
(a) Complaints alleging the violation of this Act shall be filed
with the appropriate ethics commission as follows:
(1) If the complaint alleges a violation by an employee of
a county, then the complaint shall be filed with the ethics
commission of that county.
(2) If the complaint alleges a violation by an employee of
a unit of local government other than a county or of a school
district, then the complaint shall be filed with the ethics
commission of that unit of local government or school district or
the ethics commission of the appropriate county if the unit of
4536 JOURNAL OF THE [May 14, 1999]
local government or school district has no ethics commission.
Any complaint received by or incident reported to an employee
alleging the violation of this Act shall be forwarded to the
appropriate commission. The complaint shall not be properly filed
until submitted to the appropriate commission.
(b) Within 3 business days after the receipt of an ethics
complaint, the commission shall send by certified mail, return
receipt requested, a notice to the respondent that a complaint has
been filed against him or her and a copy of the complaint. The
commission shall send by certified mail, return receipt requested, a
confirmation of the receipt of the complaint to the complainant
within 3 business days after the submittal to the commission. The
notices to the respondent and the complainant shall also advise them
of the date, time, and place of the meeting on the sufficiency of the
complaint and probable cause.
(c) Upon at least 24 hours' public notice of the session, the
commission shall meet in a closed session to review the sufficiency
of the complaint and, if the complaint is deemed to sufficiently
allege a violation of this Act, to determine if there is probable
cause, based on evidence presented by the complainant, to proceed.
The commission shall issue notice to the complainant and the
respondent of the commission's ruling on the sufficiency of the
complaint and, if necessary, on probable cause within 7 business days
after receiving the complaint. If the complaint is deemed to
sufficiently allege a violation of this Act and there is a
determination of probable cause, then the commission's notice to the
parties shall include a hearing date scheduled within 4 weeks after
the complaint's receipt. If the complaint is deemed not to
sufficiently allege a violation or if there is no determination of
probable cause, then the commission shall send by certified mail,
return receipt requested, a notice to the parties of the decision to
dismiss the complaint, and that notice shall be made public.
(d) On the scheduled date and upon at least 24 hours' public
notice of the meeting, the commission shall conduct a closed meeting
on the complaint and allow both parties the opportunity to present
testimony and evidence.
(e) Within 6 weeks after the complaint's receipt, the commission
shall (i) dismiss the complaint or (ii) issue a preliminary
recommendation to the alleged violator and to the violator's ultimate
jurisdictional authority or impose a fine upon the violator, or both.
The particular findings in the instant case, the preliminary
recommendation, and any fine shall be made public.
(f) Within 7 business days after the issuance of the preliminary
recommendation or imposition of a fine, or both, the respondent may
file a written demand for a public hearing on the complaint. The
filing of the demand shall stay the enforcement of the preliminary
recommendation or fine. Within 2 weeks after receiving the demand,
the commission shall conduct a public hearing on the complaint after
at least 24 hours' public notice of the hearing and allow both
parties the opportunity to present testimony and evidence. Within 5
business days, the commission shall publicly issue a final
recommendation to the alleged violator and to the violator's ultimate
jurisdictional authority or impose a fine upon the violator, or both.
(g) If a complaint is filed during the 60 days preceding the
date of any election at which the respondent is a candidate, the
commission shall render its decision as required under subsection (e)
within 7 days after the complaint is filed, and during the 7 days
preceding that election, the commission shall render such decision
before the date of that election, if possible.
(h) A commission may levy a fine of up to $5,000 against any
person who knowingly files a frivolous complaint alleging a violation
HOUSE OF REPRESENTATIVES 4537
of this Act.
(i) A complaint alleging the violation of this Act must be filed
within one year after the alleged violation.
Section 65. Enforcement.
(a) A commission may recommend to a person's ultimate
jurisdictional authority disciplinary action against the person it
determines to be in violation of this Act. The recommendation may
prescribe the following courses of action:
(1) A reprimand.
(2) To cease and desist the offensive action.
(3) A return or refund of money or other items, or an
amount of restitution for services, received in violation of this
Act.
(4) Dismissal, removal from office, or expulsion.
(5) Donation to a charity of an amount equal to the gift.
(b) A commission may impose a fine of up to $1,000 per violation
to be deposited into the general fund of the violating employee's
unit of local government or school district.
(c) An employee's ultimate jurisdictional authority may take
disciplinary action against an employee (i) who violates this Act,
(ii) who is the subject of a recommendation by an ethics commission,
or (iii) described by both items (i) and (ii).
The ultimate jurisdictional authority may take disciplinary
action recommended by an ethics commission, if any, or as it deems
appropriate, to the extent it has constitutional and statutory
authority to take that action.
The ultimate jurisdictional authority shall make its action, or
determination to take no action, available to the public.
(d) If after a hearing the commission finds no violation of this
Act, the commission shall dismiss the complaint.
Section 70. Penalty. An individual who knowingly violates this
Act is guilty of a business offense and subject to a fine of up to
$5,000.
Section 73. Review. A commission's decision to dismiss a
complaint or its recommendation is not a final administrative
decision, but its imposition of a fine is a final administrative
decision subject to judicial review under the Administrative Review
Law of the Code of Civil Procedure.
Section 75. Exemption. The proceedings conducted and documents
generated under this Act are exempt from the provisions of the Open
Meetings Act and the Freedom of Information Act.
Section 80. Home rule preemption. A home rule unit may not
regulate the prohibition of gifts to employees or the enforcement of
these provisions in a manner inconsistent with this Act. This
Section is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
Section 205. The Open Meetings Act is amended by changing
Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum of the
commissioners of a public body held for the purpose of discussing
public business.
"Public body" includes all legislative, executive, administrative
or advisory bodies of the state, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees or commissions of
this State, and any subsidiary bodies of any of the foregoing
including but not limited to committees and subcommittees which are
supported in whole or in part by tax revenue, or which expend tax
4538 JOURNAL OF THE [May 14, 1999]
revenue, except the General Assembly and committees or commissions
thereof. "Public body" includes tourism boards and convention or
civic center boards located in counties that are contiguous to the
Mississippi River with populations of more than 250,000 but less than
300,000. "Public body" does not include a child death review team
established under the Child Death Review Team Act or an ethics
commission, ethics officer, or ultimate jurisdictional authority
acting under the State Gift Ban Act as provided by Section 80 of that
Act or the Local Gift Ban Act as provided by Section 75 of that Act.
(Source: P.A. 90-517, eff. 8-22-97; 90-737, eff. 1-1-99.)
Section 210. The Freedom of Information Act is amended by
changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and copying:
(a) Information specifically prohibited from disclosure by
federal or State law or rules and regulations adopted under
federal or State law.
(b) Information that, if disclosed, would constitute a
clearly unwarranted invasion of personal privacy, unless the
disclosure is consented to in writing by the individual subjects
of the information. The disclosure of information that bears on
the public duties of public employees and officials shall not be
considered an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not limited to:
(i) files and personal information maintained with
respect to clients, patients, residents, students or other
individuals receiving social, medical, educational,
vocational, financial, supervisory or custodial care or
services directly or indirectly from federal agencies or
public bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or elected
officials of any public body or applicants for those
positions;
(iii) files and personal information maintained with
respect to any applicant, registrant or licensee by any
public body cooperating with or engaged in professional or
occupational registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any tax
unless disclosure is otherwise required by State statute;
and
(v) information revealing the identity of persons who
file complaints with or provide information to
administrative, investigative, law enforcement or penal
agencies; provided, however, that identification of
witnesses to traffic accidents, traffic accident reports,
and rescue reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a clearly
unwarranted per se invasion of personal privacy under this
subsection.
(c) Records compiled by any public body for administrative
enforcement proceedings and any law enforcement or correctional
agency for law enforcement purposes or for internal matters of a
public body, but only to the extent that disclosure would:
(i) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(ii) interfere with pending administrative enforcement
HOUSE OF REPRESENTATIVES 4539
proceedings conducted by any public body;
(iii) deprive a person of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information furnished
only by the confidential source;
(v) disclose unique or specialized investigative
techniques other than those generally used and known or
disclose internal documents of correctional agencies related
to detection, observation or investigation of incidents of
crime or misconduct;
(vi) constitute an invasion of personal privacy under
subsection (b) of this Section;
(vii) endanger the life or physical safety of law
enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal investigation.
(d) Criminal history record information maintained by State
or local criminal justice agencies, except the following which
shall be open for public inspection and copying:
(i) chronologically maintained arrest information,
such as traditional arrest logs or blotters;
(ii) the name of a person in the custody of a law
enforcement agency and the charges for which that person is
being held;
(iii) court records that are public;
(iv) records that are otherwise available under State
or local law; or
(v) records in which the requesting party is the
individual identified, except as provided under part (vii)
of paragraph (c) of subsection (1) of this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of descriptions or
notations of arrests, detentions, indictments, informations,
pre-trial proceedings, trials, or other formal events in the
criminal justice system or descriptions or notations of criminal
charges (including criminal violations of local municipal
ordinances) and the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are not
identified and from which their identities are not ascertainable,
or to information that is for criminal investigative or
intelligence purposes.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations, memoranda
and other records in which opinions are expressed, or policies or
actions are formulated, except that a specific record or relevant
portion of a record shall not be exempt when the record is
publicly cited and identified by the head of the public body. The
exemption provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly that
pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial information
obtained from a person or business where the trade secrets or
information are proprietary, privileged or confidential, or where
disclosure of the trade secrets or information may cause
competitive harm, including all information determined to be
confidential under Section 4002 of the Technology Advancement and
Development Act. Nothing contained in this paragraph (g) shall
be construed to prevent a person or business from consenting to
4540 JOURNAL OF THE [May 14, 1999]
disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were disclosed would
frustrate procurement or give an advantage to any person
proposing to enter into a contractor agreement with the body,
until an award or final selection is made. Information prepared
by or for the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and research data
obtained or produced by any public body when disclosure could
reasonably be expected to produce private gain or public loss.
(j) Test questions, scoring keys and other examination data
used to administer an academic examination or determined the
qualifications of an applicant for a license or employment.
(k) Architects' plans and engineers' technical submissions
for projects not constructed or developed in whole or in part
with public funds and for projects constructed or developed with
public funds, to the extent that disclosure would compromise
security.
(l) Library circulation and order records identifying
library users with specific materials.
(m) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the public body
makes the minutes available to the public under Section 2.06 of
the Open Meetings Act.
(n) Communications between a public body and an attorney or
auditor representing the public body that would not be subject to
discovery in litigation, and materials prepared or compiled by or
for a public body in anticipation of a criminal, civil or
administrative proceeding upon the request of an attorney
advising the public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary school,
college or university under its procedures for the evaluation of
faculty members by their academic peers.
(p) Administrative or technical information associated with
automated data processing operations, including but not limited
to software, operating protocols, computer program abstracts,
file layouts, source listings, object modules, load modules, user
guides, documentation pertaining to all logical and physical
design of computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the security of
the system or its data or the security of materials exempt under
this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their employees or
representatives, except that any final contract or agreement
shall be subject to inspection and copying.
(r) Drafts, notes, recommendations and memoranda pertaining
to the financing and marketing transactions of the public body.
The records of ownership, registration, transfer, and exchange of
municipal debt obligations, and of persons to whom payment with
respect to these obligations is made.
(s) The records, documents and information relating to real
estate purchase negotiations until those negotiations have been
completed or otherwise terminated. With regard to a parcel
involved in a pending or actually and reasonably contemplated
eminent domain proceeding under Article VII of the Code of Civil
Procedure, records, documents and information relating to that
parcel shall be exempt except as may be allowed under discovery
rules adopted by the Illinois Supreme Court. The records,
HOUSE OF REPRESENTATIVES 4541
documents and information relating to a real estate sale shall be
exempt until a sale is consummated.
(t) Any and all proprietary information and records related
to the operation of an intergovernmental risk management
association or self-insurance pool or jointly self-administered
health and accident cooperative or pool.
(u) Information concerning a university's adjudication of
student or employee grievance or disciplinary cases, to the
extent that disclosure would reveal the identity of the student
or employee and information concerning any public body's
adjudication of student or employee grievances or disciplinary
cases, except for the final outcome of the cases.
(v) Course materials or research materials used by faculty
members.
(w) Information related solely to the internal personnel
rules and practices of a public body.
(x) Information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for
the use of a public body responsible for the regulation or
supervision of financial institutions or insurance companies,
unless disclosure is otherwise required by State law.
(y) Information the disclosure of which is restricted under
Section 5-108 of the Public Utilities Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State tax or
that relate to investigations by a public body to determine
violation of any criminal law.
(aa) Applications, related documents, and medical records
received by the Experimental Organ Transplantation Procedures
Board and any and all documents or other records prepared by the
Experimental Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self insurance
pool) claims, loss or risk management information, records, data,
advice or communications.
(cc) Information and records held by the Department of
Public Health and its authorized representatives relating to
known or suspected cases of sexually transmissible disease or any
information the disclosure of which is restricted under the
Illinois Sexually Transmissible Disease Control Act.
(dd) Information the disclosure of which is exempted under
Section 30 of the Radon Industry Licensing Act.
(ee) Firm performance evaluations under Section 55 of the
Architectural, Engineering, and Land Surveying Qualifications
Based Selection Act.
(ff) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act or the State of Missouri
under the Bi-State Transit Safety Act.
(gg) Information the disclosure of which is restricted and
exempted under Section 50 of the Illinois Prepaid Tuition Act.
(hh) Information the disclosure of which is exempted under
Section 80 of the State Gift Ban Act or Section 75 of the Local
Gift Ban Act.
(ii) Beginning July 1, 1999, (hh) information that would
disclose or might lead to the disclosure of secret or
confidential information, codes, algorithms, programs, or private
keys intended to be used to create electronic or digital
4542 JOURNAL OF THE [May 14, 1999]
signatures under the Electronic Commerce Security Act.
(2) This Section does not authorize withholding of information
or limit the availability of records to the public, except as stated
in this Section or otherwise provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97; 90-546,
eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff. 1-1-99; 90-759, eff.
7-1-99; revised 9-8-98.)
Section 215. The State Gift Ban Act is amended by changing
Sections 5, 15, and 60 as follows:
(5 ILCS 425/5)
Sec. 5. Definitions. As used in this Act:
"Commission" means an ethics commission created by this Act.
"Employee" means all full-time, part-time, and contractual
employees, appointed and elected officials, and directors of a
governmental entity.
"Gift" means any gratuity, discount, entertainment, hospitality,
loan, forbearance, or other tangible or intangible item having
monetary value including, but not limited to, cash, food and drink,
and honoraria for speaking engagements related to or attributable to
government employment or the official position of an employee,
member, officer, or judge.
"Governmental entity" means each office, board, commission,
agency, department, authority, institution, university, body politic
and corporate, administrative unit, and corporate outgrowth of the
executive, legislative, and judicial branches of State government,
whether created by the Illinois Constitution, by or in accordance
with statute, or by executive order of the Governor. Governmental
entity does not include units of local government, school districts,
or subsidiary bodies of units of local government or school
districts, as defined in the Local Gift Ban Act.
"Judge" means judges and associate judges of the Supreme Court,
Appellate Courts, and Circuit Courts.
"Member" means a member of the General Assembly.
"Officer" means a State constitutional officer.
"Political organization" means a party, committee, association,
fund, or other organization (whether or not incorporated) organized
and operated primarily for the purpose of directly or indirectly
accepting contributions or making expenditures, or both, for the
function of influencing or attempting to influence the selection,
nomination, election, or appointment of any individual to any
federal, state, or local public office or office in a political
organization, or the election of Presidential or Vice-Presidential
electors, whether or not the individual or electors are selected,
nominated, elected, or appointed. The term includes the making of
expenditures relating to an office described in the preceding
sentence that, if incurred by the individual, would be allowable as a
federal income tax deduction for trade or business expenses.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member, officer,
or judge or (ii) in the case of an employee, by the employee or
by the member, officer, judge, governmental entity, or other
employee directing the employee;
(2) does business or seeks to do business (i) with the
member, officer, or judge or (ii) in the case of an employee,
with the employee or with the member, officer, judge,
governmental entity, or other employee directing the employee;
(3) conducts activities regulated (i) by the member,
officer, or judge or (ii) in the case of an employee, by the
employee or by the member, officer, judge, governmental entity,
or other employee directing the employee;
(4) has interests that may be substantially affected by the
HOUSE OF REPRESENTATIVES 4543
performance or non-performance of the official duties of the
member, officer, employee, or judge; or
(5) is registered or required to be registered with the
Secretary of State under the Lobbyist Registration Act.
"Ultimate jurisdictional authority" means the following:
(1) For members, partisan staff, and their secretaries, the
appropriate legislative leader: President of the Senate, Minority
Leader of the Senate, Speaker of the House of Representatives, or
Minority Leader of the House of Representatives.
(2) For State employees who are professional staff or
employees of the Senate and not covered under item (1), the
Senate Operations Commission.
(3) For State employees who are professional staff or
employees of the House of Representatives and not covered under
item (1), the Speaker of the House of Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint Committee on
Legislative Support Services.
(5) For judges, the Chief Justice of the Supreme Court.
(6) For State employees of the judicial branch, the
Administrative Office of the Illinois Courts.
(7) For State employees of an executive branch
constitutional officer, the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction of
paragraph (1), (2), (3), (4), (5), (6), or (7), the Governor.
(9) For officers, the General Assembly.
(Source: P.A. 90-737, eff. 1-1-99.)
(5 ILCS 425/15)
Sec. 15. Exceptions. The restriction in Section 10 does not
apply to the following:
(1) Anything for which the member, officer, employee, or judge
pays the market value or anything not used and promptly disposed of
as provided in Section 25.
(2) A contribution, as defined in Article 9 of the Election Code
that is lawfully made under that Act or attendance at a fundraising
event sponsored by a political organization.
(3) A gift from a relative, meaning those people related to the
individual as father, mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, and
including the father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(4) Anything provided by an individual on the basis of a
personal friendship unless the member, officer, employee, or judge
has reason to believe that, under the circumstances, the gift was
provided because of the official position or employment of the
member, officer, employee, or judge and not because of the personal
friendship.
In determining whether a gift is provided on the basis of
personal friendship, the member, officer, employee, or judge shall
consider the circumstances under which the gift was offered, such as:
(i) the history of the relationship between the individual
giving the gift and the recipient of the gift, including any
previous exchange of gifts between those individuals;
(ii) whether to the actual knowledge of the member,
officer, employee, or judge the individual who gave the gift
personally paid for the gift or sought a tax deduction or
4544 JOURNAL OF THE [May 14, 1999]
business reimbursement for the gift; and
(iii) whether to the actual knowledge of the member,
officer, employee, or judge the individual who gave the gift also
at the same time gave the same or similar gifts to other members,
officers, employees, or judges.
(5) A commercially reasonable loan evidenced in writing with
repayment due by a date certain made in the ordinary course of the
lender's business.
(6) A contribution or other payments to a legal defense fund
established for the benefit of a member, officer, employee, or judge
that is otherwise lawfully made.
(7) Intra-office and inter-office gifts. For the purpose of
this Act, "intra-office gifts" means:
(i) any gift given to a member or employee of the
legislative branch from another member or employee of the
legislative branch;
(ii) any gift given to a judge or employee of the judicial
branch from another judge or employee of the judicial branch;
(iii) any gift given to an officer or employee of the
executive branch from another officer or employee of the
executive branch;
(iv) (blank); any gift given to an officer or employee of a
unit of local government, home rule unit, or school district,
from another employee of that unit of local government, home rule
unit, or school district;
(v) any gift given to an officer or employee of any other
governmental entity not included in item (i), (ii), or (iii), or
(iv), from another employee of that governmental entity; or
(vi) any gift given to a member or employee of the
legislative branch, a judge or employee of the judicial branch,
an officer or employee of the executive branch, an officer or
employee of a unit of local government, home rule unit, or school
district, or an officer or employee of any other governmental
entity not included in item (i), (ii), or (iii), or (iv) from a
member or employee of the legislative branch, a judge or employee
of the judicial branch, an officer or employee of the executive
branch, an officer or employee of a unit of local government,
home rule unit, or school district, or an officer or employee of
any other governmental entity.
(8) Food, refreshments, lodging, transportation, and other
benefits:
(i) resulting from the outside business or employment
activities (or outside activities that are not connected to the
duties of the member, officer, employee, or judge, as an office
holder or employee) of the member, officer, employee, judge, or
the spouse of the member, officer, employee, or judge, if the
benefits have not been offered or enhanced because of the
official position or employment of the member, officer, employee,
or judge and are customarily provided to others in similar
circumstances;
(ii) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
(iii) provided by a political organization in connection
with a fundraising or campaign event sponsored by that
organization.
(9) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan maintained by
a former employer.
(10) Informational materials that are sent to the office of the
member, officer, employee, or judge in the form of books, articles,
periodicals, other written materials, audiotapes, videotapes, or
HOUSE OF REPRESENTATIVES 4545
other forms of communication.
(11) Awards or prizes that are given to competitors in contests
or events open to the public, including random drawings.
(12) Honorary degrees (and associated travel, food,
refreshments, and entertainment provided in the presentation of
degrees and awards).
(13) Training (including food and refreshments furnished to all
attendees as an integral part of the training) provided to a member,
officer, employee, or judge, if the training is in the interest of
the governmental entity.
(14) Educational missions, including meetings with government
officials either foreign or domestic, intended to educate public
officials on matters of public policy, to which the member, officer,
employee, or judge may be invited to participate along with other
federal, state, or local public officials and community leaders.
(15) Bequests, inheritances, and other transfers at death.
(16) Anything that is paid for by the federal government, the
State, or a governmental entity, or secured by the government or
governmental entity under a government contract.
(17) A gift of personal hospitality of an individual other than
a registered lobbyist or agent of a foreign principal, including
hospitality extended for a nonbusiness purpose by an individual, not
a corporation or organization, at the personal residence of that
individual or the individual's family or on property or facilities
owned by that individual or the individual's family.
(18) Free attendance at a widely attended event permitted under
Section 20.
(19) Opportunities and benefits that are:
(i) available to the public or to a class consisting of all
employees, officers, members, or judges, whether or not
restricted on the basis of geographic consideration;
(ii) offered to members of a group or class in which
membership is unrelated to employment or official position;
(iii) offered to members of an organization such as an
employee's association or credit union, in which membership is
related to employment or official position and similar
opportunities are available to large segments of the public
through organizations of similar size;
(iv) offered to any group or class that is not defined in a
manner that specifically discriminates among government employees
on the basis of branch of government or type of responsibility,
or on a basis that favors those of higher rank or rate of pay;
(v) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
(vi) in the form of reduced membership or other fees for
participation in organization activities offered to all
government employees by professional organizations if the only
restrictions on membership relate to professional qualifications.
(20) A plaque, trophy, or other item that is substantially
commemorative in nature and that is extended for presentation.
(21) Golf or tennis; food or refreshments of nominal value and
catered food or refreshments; meals or beverages consumed on the
premises from which they were purchased.
(22) Donations of products from an Illinois company that are
intended primarily for promotional purposes, such as display or free
distribution, and are of minimal value to any individual recipient.
(23) An item of nominal value such as a greeting card, baseball
cap, or T-shirt.
(Source: P.A. 90-737, eff. 1-1-99.)
(5 ILCS 425/60)
Sec. 60. Complaint procedure.
4546 JOURNAL OF THE [May 14, 1999]
(a) Complaints alleging the violation of this Act shall be filed
with the appropriate ethics commission as follows:
(1) If the complaint alleges a violation by an officer or
employee of the executive branch of State government, then the
complaint shall be filed with the appropriate ethics commission
within the executive branch.
(2) If the complaint alleges a violation by a judge or
employee of the judicial branch of government, then the complaint
shall be filed with the judicial ethics commission.
(3) If the complaint alleges a violation by a member or
employee of the legislative branch of State government or any
employee not included within paragraphs (1) or (2), then the
complaint shall be filed with the legislative ethics commission.
Any complaint received by or incident reported to a member,
officer, employee, judge, or governmental entity alleging the
violation of this Act shall be forwarded to the appropriate
commission. The complaint shall not be properly filed until
submitted to the appropriate commission.
(b) Within 3 business days after the receipt of an ethics
complaint, the commission shall send by certified mail, return
receipt requested, a notice to the respondent that a complaint has
been filed against him or her and a copy of the complaint. The
commission shall send by certified mail, return receipt requested, a
confirmation of the receipt of the complaint to the complainant
within 3 business days after the submittal to the commission. The
notices to the respondent and the complainant shall also advise them
of the date, time, and place of the meeting on the sufficiency of the
complaint and probable cause.
(c) Upon at least 24 hours' public notice of the session, the
commission shall meet in a closed session to review the sufficiency
of the complaint and, if the complaint is deemed to sufficiently
allege a violation of this Act, to determine if there is probable
cause, based on evidence presented by the complainant, to proceed.
The commission shall issue notice to the complainant and the
respondent of the commission's ruling on the sufficiency of the
complaint and, if necessary, on probable cause within 7 business days
after receiving the complaint. If the complaint is deemed to
sufficiently allege a violation of this Act and there is a
determination of probable cause, then the commission's notice to the
parties shall include a hearing date scheduled within 4 weeks after
the complaint's receipt. If the complaint is deemed not to
sufficiently allege a violation or if there is no determination of
probable cause, then the commission shall send by certified mail,
return receipt requested, a notice to the parties of the decision to
dismiss the complaint, and that notice shall be made public.
(d) On the scheduled date and upon at least 24 hours' public
notice of the meeting, the commission shall conduct a closed meeting
on the complaint and allow both parties the opportunity to present
testimony and evidence.
(e) Within 6 weeks after the complaint's receipt, the commission
shall (i) dismiss the complaint or (ii) issue a preliminary
recommendation to the alleged violator and to the violator's ultimate
jurisdictional authority or impose a fine upon the violator, or both.
The particular findings in the instant case, the preliminary
recommendation, and any fine shall be made public.
(f) Within 7 business days after the issuance of the preliminary
recommendation or imposition of a fine, or both, the respondent may
file a written demand for a public hearing on the complaint. The
filing of the demand shall stay the enforcement of the preliminary
recommendation or fine. Within 2 weeks after receiving the demand,
the commission shall conduct a public hearing on the complaint after
HOUSE OF REPRESENTATIVES 4547
at least 24 hours' public notice of the hearing and allow both
parties the opportunity to present testimony and evidence. Within 5
business days, the commission shall publicly issue a final
recommendation to the alleged violator and to the violator's ultimate
jurisdictional authority or impose a fine upon the violator, or both.
(g) If a complaint is filed during the 60 days preceding the
date of any election at which the respondent is a candidate, the
commission shall render its decision as required under subsection (e)
within 7 days after the complaint is filed, and during the 7 days
preceding that election, the commission shall render such decision
before the date of that election, if possible.
(h) A commission may levy a fine of up to $5,000 against any
person who knowingly files a frivolous complaint alleging a violation
of this Act.
(i) A complaint alleging the violation of this Act must be filed
within one year after the alleged violation.
(Source: P.A. 90-737, eff. 1-1-99.)
(5 ILCS 425/83 rep.)
(5 ILCS 425/85 rep.)
Section 220. The State Gift Ban Act is amended by repealing
Sections 83 and 85.
Section 995. 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 999. Effective date. This Act takes effect upon
becoming law.".
AMENDMENT NO. 2. Amend House Bill 1464, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
12, by replacing line 15 with the following:
"If a unit of local government or school district provides by
ordinance or resolution to operate under this subsection, it must
enter".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1464 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1622
A bill for AN ACT concerning benefits for certain health
treatments.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1622.
4548 JOURNAL OF THE [May 14, 1999]
Senate Amendment No. 2 to HOUSE BILL NO. 1622.
Senate Amendment No. 3 to HOUSE BILL NO. 1622.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1622, on page 2, by deleting
lines 2 through 34; and
by deleting all of pages 3 through 7.
AMENDMENT NO. 2. Amend House Bill 1622, AS AMENDED, by replacing
everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is amended
by adding Section 56.3 as follows:
(20 ILCS 1405/56.3 new)
Sec. 56.3. Investigational cancer treatments; study.
(a) The Department of Insurance shall conduct an analysis and
study of costs and benefits derived from the implementation of the
coverage requirements for investigational cancer treatments
established under Section 356y of the Illinois Insurance Code. The
study shall cover the years 2000, 2001, and 2002. The study shall
include an analysis of the effect of the coverage requirements on the
cost of insurance and health care, the results of the treatments to
patients, the mortality rate among cancer patients, any improvements
in care of patients, and any improvements in the quality of life of
patients.
(b) The Department shall report the results of its study to the
General Assembly and the Governor on or before March 1, 2003.
Section 10. The Illinois Insurance Code is amended by adding
Section 356y as follows:
(215 ILCS 5/356y new)
Sec. 356y. Coverage for investigational cancer treatments.
(a) An individual or group policy of accident and health
insurance issued, delivered, amended, or renewed in this State more
than 120 days after the effective date of this amendatory Act of the
91st General Assembly must offer coverage for routine patient care of
insureds, when medically appropriate and the insured has a terminal
condition related to cancer that according to the diagnosis of the
treating physician, licensed to practice medicine in all its
branches, is considered life threatening, to participate in an
approved cancer research trial and shall provide coverage for the
patient care provided pursuant to investigational cancer treatments
as provided in subsection (b). Coverage under this Section may have
an annual benefit limit of $10,000.
(b) Coverage shall include routine patient care costs such as
blood tests, x-rays, bone scans, magnetic resonance images, patient
visits, hospital stays, or other similar costs generally incurred by
the insured party in standard cancer treatment. Routine patient care
costs specifically shall not include the cost of any clinical trial
therapies, regimens, or combinations thereof, any drugs or
pharmaceuticals in connection with an approved clinical trial, any
costs associated with the provision of any goods, services, or
benefits that are generally furnished without charge in connection
with an approved clinical trial program for treatment of cancer, any
additional costs associated with the provision of any goods,
services, or benefits that previously have been provided to, paid
for, or reimbursed, or any other similar costs. Routine patient care
HOUSE OF REPRESENTATIVES 4549
costs shall specifically not include costs for treatments or services
prescribed for the convenience of the insured, enrollee, or
physician. It is specifically the intent of this Section not to
relieve the sponsor or a clinical trial program of financial
responsibility for accepted costs of the program.
(c) For purposes of this Section, coverage is provided only for
cancer trials that meet each of the following criteria:
(1) the effectiveness of the treatment has not been
determined relative to established therapies;
(2) the trial is under clinical investigation as part of an
approved cancer research trial in Phase II, Phase III, or Phase
IV of investigation;
(3) the trial is approved by the U.S. Secretary of Health
and Human Services, the Director of the National Institutes of
Health, the Commissioner of the Food and Drug Administration
(through an investigational new drug exemption under Section
505(l) of the federal Food, Drug, and Cosmetic Act or an
investigational device exemption under Section 520(g) of that
Act), or a qualified nongovernmental cancer research entity as
defined in guidelines of the National Institutes of Health or a
peer reviewed and approved cancer research program, as defined by
the U.S. Secretary of Health and Human Services, conducted for
the primary purpose of determining whether or not a cancer
treatment is safe or efficacious or has any other characteristic
of a cancer treatment that must be demonstrated in order for the
cancer treatment to be medically necessary or appropriate;
(4) the trial is being conducted at multiple sites
throughout the State;
(5) the patient's primary care physician, if any, is
involved in the coordination of care; and
(6) the results of the investigational trial will be
submitted for publication in peer-reviewed scientific studies,
research, or literature published in or accepted for publication
by medical journals that meet nationally recognized requirements
for scientific manuscripts and that submit most of their
published articles for review by experts who are not part of the
editorial staff. These studies may include those conducted by or
under the auspices of the federal government's Agency for Health
Care Policy and Research, National Institutes of Health, National
Cancer Institute, National Academy of Sciences, Health Care
Financing Administration, and any national board recognized by
the National Institutes of Health for the purpose of evaluating
the medical value of health services.
(d) This Section is repealed on January 1, 2003.
Section 15. The Health Maintenance Organization Act is amended
by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)
Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to the
provisions of Sections 133, 134, 137, 140, 141.1, 141.2, 141.3, 143,
143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6, 154.7, 154.8,
155.04, 355.2, 356m, 356v, 356w, 356x, 356y, 367i, 401, 401.1, 402,
403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
subsection (2) of Section 367, and Articles VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
(b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are deemed to
be "domestic companies":
(1) a corporation authorized under the Dental Service Plan
Act or the Voluntary Health Services Plans Act;
4550 JOURNAL OF THE [May 14, 1999]
(2) a corporation organized under the laws of this State;
or
(3) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents of
this State, except a corporation subject to substantially the
same requirements in its state of organization as is a "domestic
company" under Article VIII 1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization pursuant
to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to the
continuation of benefits to enrollees and the financial
conditions of the acquired Health Maintenance Organization after
the merger, consolidation, or other acquisition of control takes
effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not apply and
(ii) the Director, in making his determination with respect to
the merger, consolidation, or other acquisition of control, need
not take into account the effect on competition of the merger,
consolidation, or other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the
combined balance sheets of the acquiring company and the
Health Maintenance Organization sought to be acquired as of
the end of the preceding year and as of a date 90 days prior
to the acquisition, as well as pro forma financial
statements reflecting projected combined operation for a
period of 2 years;
(C) a pro forma business plan detailing an acquiring
party's plans with respect to the operation of the Health
Maintenance Organization sought to be acquired for a period
of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois Insurance
Code and this Section 5-3 shall apply to the sale by any health
maintenance organization of greater than 10% of its enrollee
population (including without limitation the health maintenance
organization's right, title, and interest in and to its health care
certificates).
(e) In considering any management contract or service agreement
subject to Section 141.1 of the Illinois Insurance Code, the Director
(i) shall, in addition to the criteria specified in Section 141.2 of
the Illinois Insurance Code, take into account the effect of the
management contract or service agreement on the continuation of
benefits to enrollees and the financial condition of the health
maintenance organization to be managed or serviced, and (ii) need not
take into account the effect of the management contract or service
agreement on competition.
(f) Except for small employer groups as defined in the Small
Employer Rating, Renewability and Portability Health Insurance Act
and except for medicare supplement policies as defined in Section 363
of the Illinois Insurance Code, a Health Maintenance Organization may
by contract agree with a group or other enrollment unit to effect
refunds or charge additional premiums under the following terms and
conditions:
HOUSE OF REPRESENTATIVES 4551
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth in the
group or enrollment unit contract agreed in advance of the period
for which a refund is to be paid or additional premium is to be
charged (which period shall not be less than one year); and
(ii) the amount of the refund or additional premium shall
not exceed 20% of the Health Maintenance Organization's
profitable or unprofitable experience with respect to the group
or other enrollment unit for the period (and, for purposes of a
refund or additional premium, the profitable or unprofitable
experience shall be calculated taking into account a pro rata
share of the Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be made
or additional premium to be paid pursuant to this subsection
(f)). The Health Maintenance Organization and the group or
enrollment unit may agree that the profitable or unprofitable
experience may be calculated taking into account the refund
period and the immediately preceding 2 plan years.
The Health Maintenance Organization shall include a statement in
the evidence of coverage issued to each enrollee describing the
possibility of a refund or additional premium, and upon request of
any group or enrollment unit, provide to the group or enrollment unit
a description of the method used to calculate (1) the Health
Maintenance Organization's profitable experience with respect to the
group or enrollment unit and the resulting refund to the group or
enrollment unit or (2) the Health Maintenance Organization's
unprofitable experience with respect to the group or enrollment unit
and the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance Organization
Guaranty Association be liable to pay any contractual obligation of
an insolvent organization to pay any refund authorized under this
Section.
(Source: P.A. 89-90, eff. 6-30-95; 90-25, eff. 1-1-98; 90-177, eff.
7-23-97; 90-372, eff. 7-1-98; 90-583, eff. 5-29-98; 90-655, eff.
7-30-98; 90-741, eff. 1-1-99; revised 9-8-98.)
Section 20. The Voluntary Health Services Plans Act is amended
by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein or
dealing therewith shall be subject to the provisions of Article XII
1/2 and Sections 3.1, 133, 140, 143, 143c, 149, 354, 355.2, 356r,
356t, 356u, 356v, 356w, 356x, 356y, 367.2, 401, 401.1, 402, 403,
403A, 408, 408.2, and 412, and paragraphs (7) and (15) of Section 367
of the Illinois Insurance Code.
(Source: P.A. 89-514, eff. 7-17-96; 90-7, eff. 6-10-97; 90-25, eff.
1-1-98; 90-655, eff. 7-30-98; 90-741, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect on January 1,
2000.".
AMENDMENT NO. 3. Amend House Bill 1622, AS AMENDED, with
reference herein to the page and line numbers of Senate Amendment No.
2, on page 2 by replacing lines 6 through 9 with the following:
"(a) An insurer that issues, delivers, amends, or renews an
individual or group policy of accident and health insurance in this
State more than 120 days after the effective date of this amendatory
Act of the 91st General Assembly must offer to the applicant or
policyholder".
4552 JOURNAL OF THE [May 14, 1999]
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2 and 3 to HOUSE BILL 1622 was placed on the Calendar on
the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1700
A bill for AN ACT to amend the Liquor Control Act of 1934 by
changing Section 7-6.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1700.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1700 on page 1, line 2, by
replacing "Section" with "Sections 3-12 and"; and
on page 1, line 6, by replacing "Section" with "Sections 3-12 and";
and
on page 1, by inserting the following immediately after line 6:
"(235 ILCS 5/3-12) (from Ch. 43, par. 108)
Sec. 3-12. (a) The State commission shall have the following
powers, functions and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption retailers,
off premise sale retailers, special event retailer licensees, special
use permit licenses, auction liquor licenses, brew pubs, caterer
retailers, non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes, boats, brokers,
and wine maker's retail licensees in accordance with the provisions
of this Act, and to suspend or revoke such licenses upon the State
commission's determination, upon notice after hearing, that a
licensee has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30 days prior to
such violation.
In lieu of suspending or revoking a license, the commission may
impose a fine, upon the State commission's determination and notice
after hearing, that a licensee has violated any provision of this Act
or any rule or regulation issued pursuant thereto and in effect for
30 days prior to such violation. The fine imposed under this
paragraph may not exceed $500 for each violation. Each day that the
activity, which gave rise to the original fine, continues is a
separate violation. The maximum fine that may be levied against any
licensee, for the period of the license, shall not exceed $20,000.
The maximum penalty that may be imposed on a licensee for selling a
bottle of alcoholic liquor with a foreign object in it or serving
from a bottle of alcoholic liquor with a foreign object in it shall
HOUSE OF REPRESENTATIVES 4553
be the destruction of that bottle of alcoholic liquor for the first
10 bottles so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle thereafter sold
or served from by the licensee with a foreign object in it, the
maximum penalty that may be imposed on the licensee is the
destruction of the bottle of alcoholic liquor and a fine of up to
$50.
(2) To adopt such rules and regulations consistent with the
provisions of this Act which shall be necessary to carry on its
functions and duties to the end that the health, safety and welfare
of the People of the State of Illinois shall be protected and
temperance in the consumption of alcoholic liquors shall be fostered
and promoted and to distribute copies of such rules and regulations
to all licensees affected thereby.
(3) To call upon other administrative departments of the State,
county and municipal governments, county and city police departments
and upon prosecuting officers for such information and assistance as
it deems necessary in the performance of its duties.
(4) To recommend to local commissioners rules and regulations,
not inconsistent with the law, for the distribution and sale of
alcoholic liquors throughout the State.
(5) To inspect, or cause to be inspected, any premises in this
State where alcoholic liquors are manufactured, distributed,
warehoused, or sold.
(5.1) Upon receipt of a complaint or upon having knowledge that
any person is engaged in business as a manufacturer, importing
distributor, distributor, or retailer without a license or valid
license, to notify the local liquor authority, file a complaint with
the State's Attorney's Office of the county where the incident
occurred, or initiate an investigation with the appropriate law
enforcement officials.
(5.2) To issue a cease and desist notice to persons shipping
alcoholic liquor into this State from a point outside of this State
if the shipment is in violation of this Act.
(5.3) To receive complaints from licensees, local officials, law
enforcement agencies, organizations, and persons stating that any
licensee has been or is violating any provision of this Act or the
rules and regulations issued pursuant to this Act. Such complaints
shall be in writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in relation to
the alleged violation. If the Commission has reasonable grounds to
believe that the complaint substantially alleges a violation of this
Act or rules and regulations adopted pursuant to this Act, it shall
conduct an investigation. If, after conducting an investigation, the
Commission is satisfied that the alleged violation did occur, it
shall proceed with disciplinary action against the licensee as
provided in this Act.
(6) To hear and determine appeals from orders of a local
commission in accordance with the provisions of this Act, as
hereinafter set forth. Hearings under this subsection shall be held
in Springfield or Chicago, at whichever location is the more
convenient for the majority of persons who are parties to the
hearing.
(7) The commission shall establish uniform systems of accounts
to be kept by all retail licensees having more than 4 employees, and
for this purpose the commission may classify all retail licensees
having more than 4 employees and establish a uniform system of
accounts for each class and prescribe the manner in which such
accounts shall be kept. The commission may also prescribe the forms
of accounts to be kept by all retail licensees having more than 4
employees, including but not limited to accounts of earnings and
4554 JOURNAL OF THE [May 14, 1999]
expenses and any distribution, payment, or other distribution of
earnings or assets, and any other forms, records and memoranda which
in the judgment of the commission may be necessary or appropriate to
carry out any of the provisions of this Act, including but not
limited to such forms, records and memoranda as will readily and
accurately disclose at all times the beneficial ownership of such
retail licensed business. The accounts, forms, records and memoranda
shall be available at all reasonable times for inspection by
authorized representatives of the State commission or by any local
liquor control commissioner or his or her authorized representative.
The commission, may, from time to time, alter, amend or repeal, in
whole or in part, any uniform system of accounts, or the form and
manner of keeping accounts.
(8) In the conduct of any hearing authorized to be held by the
commission, to examine, or cause to be examined, under oath, any
licensee, and to examine or cause to be examined the books and
records of such licensee; to hear testimony and take proof material
for its information in the discharge of its duties hereunder; to
administer or cause to be administered oaths; and for any such
purpose to issue subpoena or subpoenas to require the attendance of
witnesses and the production of books, which shall be effective in
any part of this State.
Any Circuit Court may by order duly entered, require the
attendance of witnesses and the production of relevant books
subpoenaed by the State commission and the court may compel obedience
to its order by proceedings for contempt.
(9) To investigate the administration of laws in relation to
alcoholic liquors in this and other states and any foreign countries,
and to recommend from time to time to the Governor and through him or
her to the legislature of this State, such amendments to this Act, if
any, as it may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent with the
provisions of this Act which shall be necessary for the control, sale
or disposition of alcoholic liquor damaged as a result of an
accident, wreck, flood, fire or other similar occurrence.
(11) To develop industry educational programs related to
responsible serving and selling, particularly in the areas of
overserving consumers and illegal underage purchasing and consumption
of alcoholic beverages.
(12) To develop and maintain a repository of license and
regulatory information.
(13) On or before January 15, 1994, the Commission shall issue a
written report to the Governor and General Assembly that is to be
based on a comprehensive study of the impact on and implications for
the State of Illinois of Section 1926 of the Federal ADAMHA
Reorganization Act of 1992 (Public Law 102-321). This study shall
address the extent to which Illinois currently complies with the
provisions of P.L. 102-321 and the rules promulgated pursuant
thereto.
As part of its report, the Commission shall provide the following
essential information:
(i) the number of retail distributors of tobacco products,
by type and geographic area, in the State;
(ii) the number of reported citations and successful
convictions, categorized by type and location of retail
distributor, for violation of the Sale of Tobacco to Minors Act
and the Smokeless Tobacco Limitation Act;
(iii) the extent and nature of organized educational and
governmental activities that are intended to promote, encourage
or otherwise secure compliance with any Illinois laws that
HOUSE OF REPRESENTATIVES 4555
prohibit the sale or distribution of tobacco products to minors;
and
(iv) the level of access and availability of tobacco
products to individuals under the age of 18.
To obtain the data necessary to comply with the provisions of
P.L. 102-321 and the requirements of this report, the Commission
shall conduct random, unannounced inspections of a geographically and
scientifically representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of Public
Health, the Department of Human Services, the Illinois State Police
and any other executive branch agency, and private organizations that
may have information relevant to this report.
The Commission may contract with the Food and Drug Administration
of the U.S. Department of Health and Human Services to conduct
unannounced investigations of Illinois tobacco vendors to determine
compliance with federal laws relating to the illegal sale of
cigarettes and smokeless tobacco products to persons under the age of
18.
(b) On or before April 30, 1999, the Commission shall present a
written report to the Governor and the General Assembly that shall be
based on a study of the impact of this amendatory Act of 1998 on the
business of soliciting, selling, and shipping alcoholic liquor from
outside of this State directly to residents of this State.
As part of its report, the Commission shall provide the following
information:
(i) the amount of State excise and sales tax revenues
generated as a result of this amendatory Act of 1998;
(ii) the amount of licensing fees received as a result of
this amendatory Act of 1998;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the number of
notices of violations issued to the Department of Revenue, and
the number of notices and complaints of violations to law
enforcement officials.
(Source: P.A. 89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-432, eff.
1-1-98; 90-655, eff. 7-30-98; 90-739, eff. 8-13-98.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1700 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1720
A bill for AN ACT to amend the Criminal Code of 1961 by changing
Sections 11-14, 11-15, and 11-18.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1720.
4556 JOURNAL OF THE [May 14, 1999]
Senate Amendment No. 2 to HOUSE BILL NO. 1720.
Senate Amendment No. 3 to HOUSE BILL NO. 1720.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1720 by replacing the title
with the following:
"AN ACT to amend the Criminal Code of 1961 by changing Sections
11-14, 11-15, 11-17, 11-18, and 11-19."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by changing
Sections 11-14, 11-15, 11-17, 11-18, and 11-19 as follows:
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or agrees to perform any act
of sexual penetration as defined in Section 12-12 of this Code for
any money, property, token, object, or article or anything of value,
or any touching or fondling of the sex organs of one person by
another person, for any money, property, token, object, or article or
anything of value, for the purpose of sexual arousal or gratification
commits an act of prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A person convicted of a
second third or subsequent violation of this Section, or of any
combination of such number of convictions under this Section and
Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19 of this Code is
shall be guilty of a Class 4 felony. When a person has one 2 or more
prior convictions, the information or indictment charging that person
shall state such prior conviction convictions so as to give notice of
the State's intention to treat the charge as a felony. The fact of
such prior conviction convictions is not an element of the offense
and may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/11-15) (from Ch. 38, par. 11-15)
Sec. 11-15. Soliciting for a prostitute.
(a) Any person who performs any of the following acts commits
soliciting for a prostitute:
(1) Solicits another for the purpose of prostitution; or
(2) Arranges or offers to arrange a meeting of persons for
the purpose of prostitution; or
(3) Directs another to a place knowing such direction is
for the purpose of prostitution.
(b) Sentence. Soliciting for a prostitute is a Class A
misdemeanor. A person convicted of a second third or subsequent
violation of this Section, or of any combination of such number of
convictions under this Section and Sections 11-14, 11-17, 11-18,
11-18.1 and 11-19 of this Code is shall be guilty of a Class 4
felony. When a person has one 2 or more prior convictions, the
information or indictment charging that person shall state such prior
conviction convictions so as to give notice of the State's intention
to treat the charge as a felony. The fact of such prior conviction
convictions is not an element of the offense and may not be disclosed
to the jury during trial unless otherwise permitted by issues
properly raised during such trial.
(c) A peace officer who arrests a person for a violation of this
HOUSE OF REPRESENTATIVES 4557
Section may impound any vehicle used by the person in the commission
of the offense. The person may recover the vehicle from the impound
after a minimum of 2 hours after arrest upon payment of a fee of
$200.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-17) (from Ch. 38, par. 11-17)
Sec. 11-17. Keeping a Place of Prostitution. (a) Any person who
has or exercises control over the use of any place which could offer
seclusion or shelter for the practice of prostitution who performs
any of the following acts keeps a place of prostitution:
(1) Knowingly grants or permits the use of such place for the
purpose of prostitution; or
(2) Grants or permits the use of such place under circumstances
from which he could reasonably know that the place is used or is to
be used for purposes of prostitution; or
(3) Permits the continued use of a place after becoming aware of
facts or circumstances from which he should reasonably know that the
place is being used for purposes of prostitution.
(b) Sentence.
Keeping a place of prostitution is a Class A misdemeanor. A
person convicted of a second third or subsequent violation of this
Section, or of any combination of such number of convictions under
this Section and Sections 11-14, 11-15, 11-18, 11-18.1 and 11-19 of
this Code, is shall be guilty of a Class 4 felony. When a person has
one 2 or more prior convictions, the information or indictment
charging that person shall state such prior conviction convictions so
as to give notice of the State's intention to treat the charge as a
felony. The fact of such conviction convictions is not an element of
the offense and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such trial.
(Source: P.A. 85-1447.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a prostitute.
(a) Any person who performs any of the following acts with a
person not his or her spouse commits the offense of patronizing a
prostitute:
(1) Engages in an act of sexual penetration as defined in
Section 12-12 of this Code with a prostitute; or
(2) Enters or remains in a place of prostitution with
intent to engage in an act of sexual penetration as defined in
Section 12-12 of this Code.
(b) Sentence.
Patronizing a prostitute is a Class A misdemeanor. A person
convicted of a second third or subsequent violation of this Section,
or of any combination of such number of convictions under this
Section and Sections 11-14, 11-15, 11-17, 11-18.1 and 11-19 of this
Code, is shall be guilty of a Class 4 felony. When a person has one
2 or more prior convictions, the information or indictment charging
that person shall state such prior convictions so as to give notice
of the State's intention to treat the charge as a felony. The fact
of such conviction convictions is not an element of the offense and
may not be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial.
(Source: P.A. 88-325.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token, object,
or article or anything of value from a prostitute, not for a lawful
consideration, knowing it was earned in whole or in part from the
practice of prostitution, commits pimping.
(b) Sentence.
4558 JOURNAL OF THE [May 14, 1999]
Pimping is a Class A misdemeanor. A person convicted of a second
third or subsequent violation of this Section, or of any combination
of such number of convictions under this Section and Sections 11-14,
11-15, 11-17, 11-18 and 11-18.1 of this Code is shall be guilty of a
Class 4 felony. When a person has one 2 or more prior convictions,
the information or indictment charging that person shall state such
prior conviction convictions so as to give notice of the State's
intention to treat the charge as a felony. The fact of such
conviction convictions is not an element of the offense and may not
be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
(Source: P.A. 88-680, eff. 1-1-95.)".
AMENDMENT NO. 2. Amend House Bill 1720, AS AMENDED, with
reference to the page and line numbers of Senate Amendment No. 1, on
page 3, line 10, by inserting after "$200." the following:
"The fee shall be distributed to the unit of government whose peace
officers made the arrest for a violation of this Section. This $200
fee includes the costs incurred by the unit of government to tow the
vehicle to the impound.".
AMENDMENT NO. 3. Amend House Bill 1720, AS AMENDED, in
subsection (c) of Sec. 11-15 of Section 5, by inserting after
"impound." the following:
"Upon the presentation of a signed court order by the defendant whose
vehicle was impounded showing that the defendant has been acquitted
of the offense of soliciting for a prostitute or that the charges
have been dismissed against the defendant for that offense, the
municipality shall refund the $200 fee to the defendant.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2 and 3 to HOUSE BILL 1720 was placed on the Calendar on
the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1778
A bill for AN ACT to amend the Property Tax Code by changing
Section 17-10.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1778.
Senate Amendment No. 2 to HOUSE BILL NO. 1778.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
HOUSE OF REPRESENTATIVES 4559
AMENDMENT NO. 1. Amend House Bill 1778 by replacing the title
with the following:
"AN ACT to amend the Property Tax Code."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Property Tax Code is amended by changing
Sections 17-5, 17-10, 17-15, 17-20, 17-25, 17-30, 17-35, 31-10,
31-15, 31-25, 31-30, 31-35, 31-45, 31-50, 31-60, and 31-70 and adding
Section 31-47 as follows:
(35 ILCS 200/17-5)
Sec. 17-5. Equalization among counties. The Department shall
act as an equalizing authority. It shall examine the abstracts of
property assessed for taxation in the counties and in the assessment
districts in counties having assessment districts, as returned by the
county clerks, and shall equalize the assessments between counties as
provided in this Code. Except as hereinafter provided, the
Department shall lower or raise the total assessed value of property
in each any county as returned by the county clerk, other than
property assessed under Sections 10-110 through 10-140 and 10-170
through 10-200, so that the property will be assessed at 33 1/3% of
its fair cash value.
The Department shall annually determine the percentage
relationship, for each county of the State, between the valuations at
which locally-assessed property, other than property assessed under
the Sections 10-110 through 10-140 and 10-170 through 10-200, as is
listed by assessors and revised by boards of review or boards of
appeal, and the estimated 33 1/3% of the fair cash value of the
property. To make this analysis, the Department shall use property
transfers, property appraisals, and other means as it deems proper
and reasonable.
With the ratio determined for each county, the Department shall
then determine the percentage to be added to or deducted from the
aggregate reviewed assessment on property subject to local assessment
jurisdiction, other than property assessed under the Sections cited
above, to produce a ratio of assessed value to 33 1/3% of the fair
cash value equivalent to 100%.
If the Department determines that there are substantial
differences in the level of assessment among different townships in
the same county, it shall, upon the request of the county executive
or, in counties not having an elected county executive, of the county
board under a resolution adopted by the board, apply separate
township equalization factors determined by the Department, in lieu
of a single equalization factor for the entire county, but this
provision does not apply within any county which elects a county
assessor under Sections 3-45 or 3-50.
(Source: P.A. 84-1343; 88-455.)
(35 ILCS 200/17-10)
Sec. 17-10. Sales ratio studies. The Department shall monitor
the quality of local assessments by designing, preparing and using
ratio studies, and shall use the results as the basis for
equalization decisions. In compiling sales ratio studies, the
Department shall exclude from the reported sales price of any
property any amounts included for personal property and, for sales
occurring through December 31, 1999, shall exclude seller paid
points. The Department shall not include in its sales ratio studies
sales of property which have been platted and for which an increase
in the assessed valuation is restricted by Section 10-30. The
Department shall not include in its sales ratio studies the initial
sale of residential property that has been converted to condominium
property.
When the declaration required under the Real Estate Transfer Tax
Law contains financing information required under Section 31-25, the
4560 JOURNAL OF THE [May 14, 1999]
Department shall adjust sales prices to exclude seller-paid points
and shall adjust sales prices to "cash value" when seller related
financing is used that is different than the prevailing cost of cash.
The prevailing cost of cash for sales occurring on or after January
1, 1992 shall be established as the monthly average 30-year fixed
Primary Mortgage Market Survey rate for the North Central Region as
published weekly by the Federal Home Loan Mortgage Corporation, as
computed by the Department, or such other rate as determined by the
Department. This rate shall be known as the survey rate. For sales
occurring on or after January 1, 1992, through December 31, 1999,
adjustments in the prevailing cost of cash shall be made only after
the survey rate has been at or above 13% for 12 consecutive months
and will continue until the survey rate has been below 13% for 12
consecutive months. For sales occurring on or after January 1, 2000,
adjustments for seller paid points and adjustments in the prevailing
cost of cash shall be made only after the survey rate has been at or
above 13% for 12 consecutive months and will continue until the
survey rate has been below 13% for 12 consecutive months. The
Department shall not include in its sales ratio studies the initial
sale of residential property that has been converted to condominium
property. The Department shall make public its adjustment procedure
upon request.
(Source: P.A. 86-1481; 87-877; 88-455.)
(35 ILCS 200/17-15)
Sec. 17-15. Tentative equalization factor. The Department shall
forward to the County Clerk of each county in each year its estimate
of the percentage, established under Section 17-5, to be added to or
deducted from the aggregate of the locally assessed property in that
county, other than property assessed under Sections 10-110 through
10-140 and 10-170 through 10-200. The percentage relationship to be
certified to each county or to the several townships therein by the
Department as provided by Section 17-25 shall be determined by the
ratio between the percentage estimate so made and forwarded, as
provided by this Section, and the level of assessments of the
assessed valuations as made by the assessors and thereafter finally
revised by the board of review or board of appeals of that county.
Such estimate shall be forwarded by the Department to the County
Clerk of any County within 15 days after the chief county assessment
officer files with the Department an abstract of the assessments of
the locally assessed property in the county, as finally revised. The
abstract shall be in substantially the same form as required of the
County Clerk by Sections 9-250 and 9-255 after completion of the
revisions thereafter to be made by the board of review or board of
appeals of the county, except that the abstract shall specify
separately the amount of omitted property, and the amount of
improvements upon property assessed for the first time in that year.
The chief county assessment officer shall forward the abstract to the
Department within 30 days after returning the county assessment books
to the county board of review or board of appeals.
(Source: P.A. 86-905; 88-455.)
(35 ILCS 200/17-20)
Sec. 17-20. Hearing on tentative equalization factor. The
Department shall, after publishing its tentative equalization factor
and giving notice of hearing to the public in a newspaper of general
circulation in the county, hold a hearing on its estimate not less
than 10 days nor more than 30 days from the date of the publication.
The notice shall state the date and time of the hearing, which shall
be held in either Chicago or Springfield, the basis for the estimate
of the Department, and further information as the Department may
prescribe. The Department shall, after giving a hearing to all
interested parties and opportunity for submitting testimony and
HOUSE OF REPRESENTATIVES 4561
evidence in support of or adverse to the estimate as the Department
considers requisite, either confirm or revise the estimate so as to
correctly represent the considered judgment of the Department
respecting the estimated percentage to be added to or deducted from
the aggregate assessment of all locally assessed property in the
county except property assessed under Sections 10-110 through 10-140
or 10-170 through 10-200. Within 30 days after the conclusion of the
hearing the Department shall mail to the County Clerk, by certified
mail, its determination with respect to such estimated percentage to
be added to or deducted from the aggregate assessment. The amendment
made by P.A. 77-714 does not apply in any county which elects a
county assessor under Sections 3-45 or 3-50.
(Source: P.A. 86-905; 88-455.)
(35 ILCS 200/17-25)
Sec. 17-25. Application of final equalization factor. The
assessments of all property, other than property assessed under
Sections 10-110 through 10-140 and 10-170 through 10-200, as returned
by the county clerks, shall be equalized by adding to the aggregate
assessed value thereof in every county in which the Department finds
the valuation to be less than 33 1/3% of the fair cash value of the
property, the rate per cent which will raise the aggregate assessed
valuation to 33 1/3% of fair cash value, and by deducting from the
aggregate assessed value thereof, in every county or township in
which the Department finds the valuation to be more than 33 1/3% of
the fair cash value, the rate per cent which will reduce the
aggregate assessed valuation to 33 1/3% of fair cash value.
However, no equalization factor shall be certified by the
Department to raise or reduce the aggregate assessed value of any
county or township in which the aggregate assessed value of property
other than that assessed under the Sections cited above, is more than
99% and less than 101% of 33 1/3% of fair cash value. The amendment
made by P.A. 77-714 does not apply within the jurisdiction of any
county which elects a county assessor under Sections 3-45 or 3-50.
(Source: P.A. 84-1343; 88-455.)
(35 ILCS 200/17-30)
Sec. 17-30. Certification of final equalization factor. When
the Department has completed its equalization of assessments in each
year, it shall certify to each the several county clerk clerks the
percentage finally determined by it to be added to or deducted from
the listed or assessed valuation of property in the county several
counties or townships as returned by the county clerk.
(Source: P.A. 78-255; 88-455.)
(35 ILCS 200/17-35)
Sec. 17-35. Certification of assessments. The Department shall
certify to the county clerks of the proper counties the assessments
made by it on certified pollution control facilities, low sulfur
dioxide emission coal fueled devices and on property owned or used by
railroad companies operating within this State, along with the
distribution of those railroad assessments among the respective
taxing districts within the counties. The county clerks shall extend
the taxes for all purposes on the amounts so certified, in the same
manner as taxes are extended against other property in the taxing
districts in which the pollution control facilities, low sulfur
dioxide emission coal fueled devices and railroad property are
allocated or distributed.
The amendment made by P.A. 77-714 does not apply within the
jurisdiction of any county which elects a county assessor under
Sections 3-45 or 3-50.
(Source: P.A. 78-255; 88-455.)
(35 ILCS 200/31-10)
Sec. 31-10. Imposition of tax. A tax is imposed on the privilege
4562 JOURNAL OF THE [May 14, 1999]
of transferring title to real estate, as represented by the deed that
is filed for recordation, and on the privilege of transferring a
beneficial interest in real property that is the subject of a land
trust as represented by the trust document that is filed for
recordation, at the rate of 50¢ for each $500 of value or fraction of
$500 stated in the declaration required by Section 31-25. If,
however, the deed or trust document states that the real estate is
transferred subject to a mortgage the amount of the mortgage
remaining outstanding at the time of transfer shall not be included
in the basis of computing the tax.
(Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.)
(35 ILCS 200/31-15)
Sec. 31-15. Collection of tax. The tax shall be collected by
the recorder or registrar of titles of the county in which the
property is situated several counties through the sale of revenue
stamps, the design, denominations and form of which shall be
prescribed by the Department. If requested by the recorder or
registrar of titles of a county that has imposed a county real estate
transfer tax under Section 5-1031 of the Counties Code, the
Department shall design the stamps furnished to that county under
this Section so that the same stamp also provides evidence of the
payment of the county real estate transfer tax and shall include in
the design of the stamp the name of the county and an indication that
the stamp is evidence of the payment of both State and county real
estate transfer taxes. The revenue stamps shall be sold by the
Department to the recorder or registrar of titles who shall cause
them to be sold for the purposes prescribed. The Department shall
charge at a rate of 50¢ per $500 of value in units of not less than
$500. The recorder or registrar of titles of the several counties
shall sell the revenue stamps at a rate of 50¢ per $500 of value or
fraction of $500. The recorder or registrar of titles may use the
proceeds for the purchase of revenue stamps from the Department.
(Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.)
(35 ILCS 200/31-25)
Sec. 31-25. Transfer declaration. At the time a deed or trust
document is presented for recordation, there shall also be presented
to the recorder or registrar of titles a declaration, signed by at
least one of the sellers and also signed by at least one of the
buyers in the transaction or by the attorneys or agents for the
sellers or buyers. The declaration shall state information
including, but not limited to: (a) the full consideration for the
property so transferred; (b) the parcel identifying permanent real
estate index number of the property, if any; (c) the legal
description of the property; (d) the date of the deed or trust
document; (e) the type of deed or trust document; (f) the address of
the property; (g) the type of improvement, if any, on the property
conveyed; (h) information as to whether the transfer is between
related individuals or corporate affiliates relatives or is a
compulsory transaction; (i) that the parties are advised that the
State of Illinois has enacted the Smoke Detector Act; and (j) the lot
size or acreage; (j) the value of personal property sold with the
real estate; (k) the year the contract was initiated if an
installment sale; and (l) the name, address, and telephone number of
the person preparing the declaration. Except as provided in Section
31-45, a deed or trust document shall not be accepted for recordation
unless it is accompanied by a declaration containing all the
information requested in the declaration. When the declaration is
signed by an attorney or agent on behalf of sellers or buyers who
have the power of direction to deal with the title to the real estate
under a land trust agreement, the trustee being the mere repository
of record legal title with a duty of conveying the real estate only
HOUSE OF REPRESENTATIVES 4563
when and if directed in writing by the beneficiary or beneficiaries
having the power of direction, the attorneys or agents executing the
declaration on behalf of the sellers or buyers need identify only the
land trust that is the repository of record legal title and not the
beneficiary or beneficiaries having the power of direction under the
land trust agreement. The declaration form shall be prescribed by the
Department and shall contain sales information questions. For sales
occurring during a period in which the provisions of Section 17-10
require the Department to adjust sale prices for seller paid points
and prevailing cost of cash The subject of the sales information
questions shall include, but not be limited to, information on
compulsory transactions, sales between relatives and related
corporations, contractual sales, and deed or trust document types. In
addition, the declaration form shall contain questions regarding the
financing of the sale. The subject of the financing questions shall
include any direct seller participation in the financing of the sale
or information on financing that is unconventional so as to affect
the fair cash value received by the seller. The intent of the sales
and financing questions is to aid in the reduction in the number of
buyers required to provide financing information necessary for the
adjustment outlined in Section 17-10. For sales occurring during a
period in which the provisions of Section 17-10 require the
Department to adjust sale prices for seller paid points and
prevailing cost of cash, the declaration form shall include, at a
minimum, an appropriate place for the inclusion of special facts or
circumstances, if any, and shall include the following data: (a)
seller paid points, value of personal property sold with the real
estate, (b) sales finance charges (points) paid by the seller, (c)
the sales price, (c) (d) type of financing (conventional, VA, FHA,
seller-financed, or other), (d) (e) down payment, (e) (f) term, (f)
(g) interest rate, (g) (h) type and description of interest rate
(fixed, adjustable or renegotiable), and (h) an appropriate place for
the inclusion of special facts or circumstances, if any. (i) the year
the contract was initiated if a contractual sale, and (j) the name,
address and telephone number of the person filling out the real
estate transfer declaration. In counties of 3,000,000 or more
inhabitants, the declaration shall also contain a sworn or affirmed
statement executed by the grantor or the grantor's agent stating
that, to the best of his or her knowledge, the name of the grantee
shown on the deed or assignment of beneficial interest in a land
trust is either a natural person, an Illinois corporation or foreign
corporation authorized to do business or acquire and hold title to
real estate in Illinois, a partnership authorized to do business or
acquire and hold title to real estate in Illinois, or other entity
recognized as a person and authorized to do business or acquire and
hold title to real estate under the laws of Illinois. In counties of
3,000,000 or more inhabitants, the declaration shall also contain a
sworn or affirmed statement executed by the grantee or the grantee's
agent verifying that the name of the grantee shown on the deed or
assignment of beneficial interest in a land trust is either a
natural person, an Illinois corporation or foreign corporation
authorized to do business or acquire and hold title to real estate in
Illinois, a partnership authorized to do business or acquire and hold
title to real estate in Illinois, or other entity recognized as a
person and authorized to do business or acquire and hold title to
real estate under the laws of Illinois. The Department shall provide
an adequate supply of forms to each recorder and registrar of titles
in the State.
(Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.)
(35 ILCS 200/31-30)
Sec. 31-30. Use of transfer declaration. The recorder or
4564 JOURNAL OF THE [May 14, 1999]
registrar of titles shall not record the declaration, but shall
insert on the declaration and all attachments the Document Number
assigned to the deed or trust document, and shall within 30 days of
receipt then transmit the declaration to the chief county assessment
officer. The chief county assessment officer shall insert on the
declaration the most recent assessed value for each parcel of the
transferred property and other information required by the
Department, and, within 30 days of receipt or within 30 days of the
adjournment of the board of review for the previous assessment year,
whichever is later at least once during every month, shall transmit
all the declarations to the Department. The chief county assessment
officer may also copy and retain any information relating to the
property transferred to assist in determining the proper assessed
valuation of the property transferred and other properties in his
county.
(Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.)
(35 ILCS 200/31-35)
Sec. 31-35. Deposit of tax revenue. Beginning July 1, 1993
through June 30, 1994, 50% of the monies collected under Section
31-15 shall be deposited into the Illinois Affordable Housing Trust
Fund, 10% into the General Revenue Fund, 28% into the Open Space
Lands Acquisition and Development Fund and 12% into the Natural Areas
Acquisition Fund. Beginning July 1, 1994, 50% of the monies
collected under Section 31-15 shall be deposited into the Illinois
Affordable Housing Trust Fund, 35% into the Open Space Lands
Acquisition and Development Fund and 15% into the Natural Areas
Acquisition Fund.
(Source: P.A. 86-624; 86-925; 86-1028; 86-1475; 87-543; 88-455.)
(35 ILCS 200/31-45)
Sec. 31-45. Exemptions. The following deeds or trust documents
shall be exempt from the provisions of this Article except as
provided in this Section:
(a) Deeds representing real estate transfers made before January
1, 1968, but recorded after that date and trust documents executed
before January 1, 1986, but recorded after that date.
(b) Deeds to or trust documents relating to (1) property
acquired by any governmental body or from any governmental body, (2)
property or interests transferred between governmental bodies, or
(3) property acquired by or from any corporation, society,
association, foundation or institution organized and operated
exclusively for charitable, religious or educational purposes.
However, deeds or trust documents, other than those in which the
Administrator of Veterans' Affairs of the United States is the
grantee pursuant to a foreclosure proceeding, shall not be exempt
from filing the declaration.
(c) Deeds or trust documents that secure debt or other
obligation.
(d) Deeds or trust documents that, without additional
consideration, confirm, correct, modify, or supplement a deed or
trust document previously recorded.
(e) Deeds or trust documents where the actual consideration is
less than $100.
(f) Tax deeds.
(g) Deeds or trust documents that release property that is
security for a debt or other obligation.
(h) Deeds of partition.
(i) Deeds or trust documents made pursuant to mergers,
consolidations or transfers or sales of substantially all of the
assets of corporations under plans of reorganization under the
Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy
Act.
HOUSE OF REPRESENTATIVES 4565
(j) Deeds or trust documents made by a subsidiary corporation to
its parent corporation for no consideration other than the
cancellation or surrender of the subsidiary's stock.
(k) Deeds when there is an actual exchange of real estate and
trust documents when there is an actual exchange of beneficial
interests, except that that money difference or money's worth paid
from one to the other is not exempt from the tax. These deeds or
trust documents, however, shall not be exempt from filing the
declaration.
(l) Deeds issued to a holder of a mortgage, as defined in
Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage
foreclosure proceeding or pursuant to a transfer in lieu of
foreclosure.
(m) A deed or trust document related to the purchase of a
principal residence by a participant in the program authorized by the
Home Ownership Made Easy Act, except that those deeds and trust
documents shall not be exempt from filing the declaration.
(Source: P.A. 87-1206; 88-455.)
(35 ILCS 200/31-47 new)
Sec. 31-47. Verification. In all counties, each transfer
declaration filed under this Law shall include a written statement by
both the grantor or grantor's agent and the grantee or grantee's
agent that the information contained in the declaration is true and
correct to the best of his or her knowledge and belief. In counties
of 3,000,000 or more inhabitants, the declaration shall also contain
a written statement executed by the grantor or the grantor's agent
verifying that, to the best of his or her knowledge, the name of the
grantee shown on the deed or assignment of beneficial interest in a
land trust is either a natural person, an Illinois corporation or
foreign corporation authorized to do business or acquire and hold
title to real estate in Illinois, a partnership authorized to do
business or acquire and hold title to real estate in Illinois, or
other entity recognized as a person and authorized to do business or
acquire and hold title to real estate under the laws of Illinois. In
counties of 3,000,000 or more inhabitants, the declaration shall also
contain a written statement executed by the grantee or the grantee's
agent verifying that the name of the grantee shown on the deed or
assignment of beneficial interest in a land trust is either a natural
person, an Illinois corporation or foreign corporation authorized to
do business or acquire and hold title to real estate in Illinois, a
partnership authorized to do business or acquire and hold title to
real estate in Illinois, or other entity recognized as a person and
authorized to do business or acquire and hold title to real estate
under the laws of Illinois.
(35 ILCS 200/31-50)
Sec. 31-50. Penalties. Any person, including any person
preparing the declaration, who willfully falsifies the value of
transferred real estate on the transfer declaration required by
Section 31-25 or who willfully falsifies or willfully omits any other
information required by Section 31-25 or who willfully and falsely
claims a transaction to be exempt under Section 31-45 is guilty of a
Class B misdemeanor. Any person who knowingly submits a false
statement concerning the identity of a grantee under the provisions
of this Article is guilty of a Class C misdemeanor. A second or
subsequent conviction of an offense is a Class A misdemeanor. A
prosecution for any act in violation of this Article may be commenced
at any time within 5 years 3 years of the commission of the act. Only
the buyer or the buyer's representative shall attest to the accuracy
of the financing information reported on the declaration and
required by Section 31-25. Any person convicted of any offense under
this Law is liable for the tax due in addition to any fines imposed
4566 JOURNAL OF THE [May 14, 1999]
by the court.
(Source: P.A. 84-1308; 88-455.)
(35 ILCS 200/31-60)
Sec. 31-60. Check for violations. The Department shall conduct
spot checks or investigations of declarations required to be filed by
this Article and may shall forward information of violations to the
State's Attorney of the county where the violations occur for
prosecution and collection of taxes.
(Source: P.A. 81-936; 88-455.)
(35 ILCS 200/31-70)
Sec. 31-70. Rules. The Department may prescribe reasonable rules
for the administration of this Article, including rules permitting a
transfer declaration in a prescribed electronic form and permitting
the electronic transmission of the transfer declaration using a
prescribed method and format.
(Source: Laws 1967, p. 1716; P.A. 88-455.)
Section 99. Effective date. This Act takes effect on January 1,
2000.".
AMENDMENT NO. 2. Amend House Bill 1778, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on
page 1, line 9, by deleting "31-10,"; and
on page 7, by deleting lines 19 through 33; and
on page 15, lines 14 and 15, by replacing "person, including any
person preparing the declaration," with "person".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 1778 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1780
A bill for AN ACT creating the Health Care Professional
Credentialing Act.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1780.
Senate Amendment No. 2 to HOUSE BILL NO. 1780.
Senate Amendment No. 3 to HOUSE BILL NO. 1780.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1780 on page 1, by deleting
lines 7 through 30; and
HOUSE OF REPRESENTATIVES 4567
by deleting pages 2 through 10.
AMENDMENT NO. 2. Amend House Bill 1780, AS AMENDED, by replacing
the title with the following:
"AN ACT creating the Health Care Professional Credentials Data
Collection Act."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Health
Care Professional Credentials Data Collection Act.
Section 5. Definitions. As used in this Act:
"Council" means the Health Care Credentials Council.
"Credentials data" means those data, information, or answers to
questions required by a health care entity, health care plan, or
hospital to complete the credentialing or recredentialing of a health
care professional.
"Credentialing" means the process of assessing and validating the
qualifications of a health care professional.
"Department" means the Department of Public Health.
"Director" means the Director of the Department of Public Health.
"Health care entity" means any of the following which require the
submission of credentials data: (i) a health care facility or other
health care organization licensed or certified to provide medical or
health services in Illinois, other than a hospital; (ii) a health
care professional partnership, corporation, limited liability
company, professional services corporation or group practice; or
(iii) an independent practice association or physician hospital
organization. Nothing in this definition shall be construed to mean
that a hospital is a health care entity.
"Health care plan" means any entity licensed by the Department of
Insurance as a prepaid health care plan or health maintenance
organization or as an insurer which requires the submission of
credentials data.
"Health care professional" means any person licensed under the
Medical Practice Act of 1987 or any person licensed under any other
Act subsequently made subject to this Act by the Department.
"Hospital" means a hospital licensed under the Hospital Licensing
Act or any hospital organized under the University of Illinois
Hospital Act.
"Recredentialing" means the process by which a health care
entity, health care plan or hospital ensures that a health care
professional who is currently credentialed by the health care entity,
health care plan or hospital continues to meet the credentialing
criteria used by the health care entity, health care plan, or
hospital no more than once every 2 years.
"Single credentialing cycle" means a process whereby for purposes
of recredentialing each health care professional's credentials data
are collected by all health care entities and health care plans that
credential the health care professional during the same time period
and only once every 2 years.
"Site survey" means a process by which a health care entity or
health care plan assesses the office locations and medical record
keeping practices of a health care professional.
"Single site survey" means a process by which, for purposes of
recredentialing, each health care professional receives a site visit
only once every two years.
"Uniform health care credentials form" means the form developed
by the Department under Section 15 to collect the credentials data
commonly requested by health care entities and health care plans for
purposes of credentialing.
"Uniform health care recredentials form" means the form developed
by the Department under Section 15 to collect the credentials data
4568 JOURNAL OF THE [May 14, 1999]
commonly requested by health care entities and health care plans for
purposes of recredentialing.
"Uniform hospital credentials form" means the form developed by
the Department under Section 15 to collect the credentials data
commonly requested by hospitals for purposes of credentialing.
"Uniform hospital recredentials form" means the form developed by
the Department under Section 15 to collect the credentials data
commonly requested by hospitals for purposes of recredentialing.
"Uniform site survey instrument" means the instrument developed
by the Department under Section 25 to complete a single site survey
as part of a credentialing or recredentialing process.
"Uniform updating form" means a standardized form for reporting
of corrections, updates, and modifications to credentials data to
health care entities, health care plans, and hospitals when those
data change following credentialing or recredentialing of a health
care professional.
Section 10. Health Care Credentials Council.
(a) There is established a Health Care Credentials Council,
consisting of 13 members, to assist the Department in accordance with
Sections 15, 20, 25, and 30 of this Act. The Director, or his or her
designee, shall serve as one member and chair of the council and the
Governor shall appoint the remaining 12 members. Three members shall
represent hospitals, 3 members shall represent health maintenance
organizations, one member shall represent health insurance entities,
3 members shall represent physicians licensed to practice medicine in
all its branches, one member shall represent chiropractic physicians,
and one member shall represent ambulatory surgical treatment centers.
In making these appointments, the Governor shall take into
consideration the recommendations of various organizations
representing hospitals, health maintenance organizations, insurers,
ambulatory surgical treatment centers, and physicians. The initial
appointments of 6 of the members shall be for 2 years. All other
appointments shall be for 4 years, with no more than one 4-year
reappointment. The hospital representatives shall not vote on the
development of guidelines to implement Sections 20 and 25 of this
Act.
(b) On July 1, 2003, the council is abolished.
Section 15. Development and use of uniform health care and
hospital credentials forms.
(a) The Department, in consultation with the council, shall by
rule establish:
(1) a uniform health care credentials form that shall
include the credentials data commonly requested by health care
entities and health care plans for purposes of credentialing and
shall minimize the need for the collection of additional
credentials data;
(2) a uniform health care recredentials form that shall
include the credentials data commonly requested by health care
entities and health care plans for purposes of recredentialing
and shall minimize the need for the collection of additional
credentials data;
(3) a uniform hospital credentials form that shall include
the credentials data commonly requested by hospitals for purposes
of credentialing and shall minimize the need for the collection
of additional credentials data;
(4) a uniform hospital recredentials form that shall
include the credentials data commonly requested by hospitals for
purposes of recredentialing and shall minimize the need for
collection of additional credentials data; and
(5) uniform updating forms.
(b) The uniform forms established in subsection (a) shall be
HOUSE OF REPRESENTATIVES 4569
coordinated to reduce the need to provide redundant information.
Further, the forms shall be made available in both paper and
electronic formats.
(c) The Department, in consultation with the council, shall
establish by rule a date after which an electronic format may be
required by a health care entity, a health care plan, or a hospital,
and a health care professional may require acceptance of an
electronic format by a health care entity, a health care plan, or a
hospital.
(d) Beginning July 1, 2000, each health care entity or health
care plan that employs, contracts with, or allows health care
professionals to provide medical or health care services and requires
health care professionals to be credentialed or recredentialed shall
for purposes of collecting credentials data only require:
(1) the uniform health care credentials form;
(2) the uniform health care recredentials form;
(3) the uniform updating forms; and
(4) any additional credentials data requested.
(e) Beginning July 1, 2000, each hospital that employs,
contracts with, or allows health care professionals to provide
medical or health care services and requires health care
professionals to be credentialed or recredentialed shall for purposes
of collecting credentials data only require:
(1) the uniform hospital credentials form;
(2) the uniform hospital recredentials form;
(3) the uniform updating forms; and
(4) any additional credentials data requested.
(f) Each health care entity and health care plan shall complete
the process of verifying a health care professional's credentials
data in a timely fashion and shall complete the process of
credentialing or recredentialing of the health care professional
within 60 days after submission of all credentials data and
completion of verification of the credentials data.
(g) Each health care professional shall provide any corrections,
updates, and modifications to his or her credentials data to ensure
that all credentials data on the health care professional remains
current. Such corrections, updates, and modifications shall be
provided within 5 business days for State health care professional
license revocation, federal Drug Enforcement Agency license
revocation, Medicare or Medicaid sanctions, revocation of hospital
privileges, any lapse in professional liability coverage required by
a health care entity, health care plan, or hospital, or conviction of
a felony, and within 45 days for any other change in the information
from the date the health care professional knew of the change. All
updates shall be made on the uniform updating forms developed by the
Department.
(h) Any credentials data collected or obtained by the health
care entity, health care plan, or hospital shall be confidential, as
provided by law, and otherwise may not be redisclosed without written
consent of the health care professional, except that in any
proceeding to challenge credentialing or recredentialing, or in any
judicial review thereof, the claim of confidentiality shall not be
invoked to deny a health care entity, health care plan, or hospital
access to or use of credentials data. Nothing in this Section
prevents a health care entity, health care plan, or hospital from
disclosing any credentials data to its officers, directors,
employees, agents, subcontractors, medical staff members, any
committee of the health care entity, health care plan, or hospital
involved in the credentialing process, or accreditation bodies or
licensing agencies. However, any redisclosure of credentials data
contrary to this Section is prohibited.
4570 JOURNAL OF THE [May 14, 1999]
(i) Nothing in this Act shall be construed to restrict the right
of any health care entity, health care plan or hospital to request
additional information necessary for credentialing or
recredentialing.
(j) Nothing in this Act shall be construed to restrict in any
way the authority of any health care entity, health care plan or
hospital to approve, suspend or deny an application for hospital
staff membership, clinical privileges, or managed care network
participation.
(k) Nothing in this Act shall be construed to prohibit
delegation of credentialing and recredentialing activities as long as
the delegated entity follows the requirements set forth in this Act.
(l) Nothing in this Act shall be construed to require any health
care entity or health care plan to credential or survey any health
care professional.
Section 20. Single credentialing cycle.
(a) The Department, in consultation with the council, shall by
rule establish a single credentialing cycle. The single
credentialing cycle shall be based on a specific variable or
variables. To the extent possible the single credentialing cycle
shall be established to ensure that the credentials data of all
health care professionals in a group or at a single site are
collected during the same time period. However, nothing in this Act
shall be construed to require the single credentialing cycle to be
established to ensure that the credentials data of all health care
professionals in a group or at a single site are collected during the
same time period.
(b) Beginning January 1, 2001, all health care entities and
health care plans shall obtain credentials data on all health care
professionals according to the established single credentialing
cycle.
(c) The Department, in consultation with the council, shall by
rule establish a process to exempt a small or unique health care
entity or small or unique health care plan from the single
credentialing cycle if the health care entity or health care plan
demonstrates to the Department that adherence to the single
credentialing cycle would be an undue hardship for the health care
entity or health care plan.
(d) The requirements of this Section shall not apply when a
health care professional submits initial credentials data to a health
care entity or health care plan outside of the established single
credentialing cycle, when a health care professional's credentials
data change substantively, or when a health care entity or health
care plan requires recredentialing as a result of patient or quality
assurance issues.
Section 25. Single site survey.
(a) The Department, in consultation with the council, shall by
rule establish a uniform site survey instrument taking into account
national accreditation standards and State requirements. The uniform
site survey instrument shall include all the site survey data
requested by health care entities and health care plans.
(b) No later than January 1, 2001, the Department, in
consultation with the council, shall publish, in rule, the variable
or variables for completing the single site survey. To the extent
possible, the single site survey shall be established to ensure that
all health care professionals in a group or at a site are reviewed
during the same time period.
(c) Beginning July 1, 2001, health care entities and health care
plans shall implement the single site survey, if a site survey is
required by any of the health care professional's health care
entities or health care plans. The site survey shall be completed
HOUSE OF REPRESENTATIVES 4571
using the uniform site survey instrument.
(d) The uniform site survey instrument shall be used when a
health care professional seeks initial credentialing by a health care
entity or health care plan, when a health care professional's
credentials data change substantively, or when a health care plan or
health care entity requires a site survey as a result of patient or
quality assurance issues, if a site survey is required by the health
care entity or health care plan.
(e) Nothing in this Section prohibits health care entities and
health care plans from choosing the independent party to conduct the
single site survey.
Section 30. Study of coordinated credentials verification.
(a) The Department, in consultation with the council, shall
study the need for coordinated credentials data verification.
(b) The study shall address the need for, the advantages and
disadvantages of, and the costs and cost savings, if any, of
coordinated credentials verification.
(c) The study also may address other changes to improve the
credentialing and recredentialing processes, to improve the
timeliness of the credentials data, and reduce the costs, time, and
administrative burden associated with the processes.
(d) The Department shall make a recommendation to the General
Assembly and the Governor regarding the need for further legislation
no later than January 1, 2003.
Section 35. Rules. The Department, in consultation with the
council, shall adopt rules necessary to develop and implement and
enforce the requirements established by this Act.
Section 40. Enforcement. The Department has authority to enforce
the provisions of the Act. In addition to any other penalty provided
by law, any health care entity, health care plan, hospital, or health
care professional that violates any Section of this Act shall forfeit
and pay to the Department a fine in an amount determined by the
Department of not more than $1,000 for the first offense and not more
than $5,000 for each subsequent offense.
Section 45. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all the provisions of the Act were included
in the Act. For the purpose of this Act, the notice required under
Section 10-25 of the Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
Section 50. Administrative Review Law. All final administrative
decisions of the Department are subject to judicial review pursuant
to the provisions of the Administrative Review Law and all rules
adopted pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Section 99. Effective Date. This Act takes effect upon becoming
law.".
AMENDMENT NO. 1. Amend House Bill 1780, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 2, on page
7, lines 2 and 3, by replacing "review thereof," with "review,"; and
on page 7, line 4, after "deny a", by inserting "health care
professional,".
The foregoing message from the Senate reporting Senate Amendments
numbered 1, 2 and 3 to HOUSE BILL 1780 was placed on the Calendar on
the order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
4572 JOURNAL OF THE [May 14, 1999]
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1869
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Section 6-106.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 2 to HOUSE BILL NO. 1869.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 2. Amend House Bill 1869 on page 3, line 28, after
"9-1.2,", by inserting "9-2, 9-2.1, 9-3, 9-3.2, 9-3.3,"; and
on page 3, line 29, after "11-9,", by inserting "11-9.1,"; and
on page 3, line 30, after "11-22,", by inserting "12-3.1, 12-4.1,
12-4.2,"; and
on page 3, line 31, after "12-6,", by inserting "12-6.2,"; and
on page 3, line 31, after "12-7.1,", by inserting "12-7.3, 12-7.4,";
and
on page 3, line 32, after "12-16,", by inserting "12-16.2,"; and
on page 3, line 32, after "12-21.6,", by inserting "12-33,"; and
on page 3, line 33, after "18-4,", by inserting "18-5,"; and
on page 3, line 33, after "20-1.1,", by inserting "20-2,"; and
on page 3, line 33, after "24-1.2,", by inserting "24-3.3,".
The foregoing message from the Senate reporting Senate Amendment
No. 2 to HOUSE BILL 1869 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1900
A bill for AN ACT concerning aquaculture.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1900.
HOUSE OF REPRESENTATIVES 4573
Passed the Senate, as amended, April 26, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1900 on page 1, line 27, by
replacing "The" with the following:
"At the beginning of each fiscal period, the Cooperative shall
prepare a budget plan for the next fiscal period, including the
probable cost of all programs, projects, and contracts. The
Cooperative shall submit the proposed budget to the Director for
review and comment. The Director may recommend programs and
activities considered appropriate for the Cooperative. The
Cooperative shall keep minutes, books, and records that clearly
reflect all of the acts and transactions of the Cooperative and shall
make this information public. The financial books and records of the
Cooperative shall be audited by a certified public accountant at
least once each fiscal year and at other times as designated by the
Director. The expense of the audit shall be the responsibility of
the Cooperative. Copies of the audit shall be provided to all
members of the Cooperative, to the Department, and to other
requesting members of the aquaculture industry."; and
on page 1, by deleting lines 28 and 29; and
on page 2, by deleting line 1; and
on page 64, line 21, by replacing "and (iii)" with "(iii) Illinois
State University at Bloomington-Normal, (iv) Western Illinois
University at Macomb, and (v)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 1900 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 1959
A bill for AN ACT regarding certain contracts for the delivery of
human services.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 1959.
Senate Amendment No. 3 to HOUSE BILL NO. 1959.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 1959 on page 1, line 11 by
4574 JOURNAL OF THE [May 14, 1999]
replacing "contracts with or" with the following:
"enters into reimbursement agreements with, contracts with, and"; and
on page 1, line 21 by replacing "contracts" with the following:
"reimbursement agreements, contracts,"; and
on page 2, line 21 by inserting "reimbursement agreement or" after
"has a"; and
on page 2, line 25 by replacing "contract" with the following:
"reimbursement agreement, contract,"; and
on page 2, line 29 by replacing "grantee." with the following:
"grantee and any other entity controlled in whole or in part by the
contractor, or an entity in which the contractor has a substantial
beneficial interest, or an entity which contributes money, goods, or
services to the contractor."; and
on page 2, line 30 by inserting after "contractor" the following:
"and any other entity controlled in whole or in part by the grantee,
or an entity in which the grantee has a substantial beneficial
interest, or an entity which contributes money, goods, or services to
the grantee"; and
on page 3, by replacing lines 8 through 18 with the following:
"or a grantee which includes all of the following provisions:
(i) not to use State funds, directly or indirectly, to
promote, assist, or to deter union organizing or to otherwise
seek to influence the decision of any of its employees to be
represented or not represented by a labor organization; and
(ii) not to require or prohibit the attendance of employees
at any meeting related to union representation; and
(iii) not to schedule or hold meetings related to union
representation during an employee's work time or in work areas;
and
(iv) to allow a labor organization the same opportunity to
communicate with employees as is used by the contractor or the
grantee, including the right to have access to the premises of
the contractor or grantee, post notices, distribute literature,
and use the premises of the employer to hold meetings with
employees.
"State funds" means any money or other thing of value provided
directly or indirectly by the State of Illinois, a State agency, or a
political subdivision of the State of Illinois."; and
on page 3, line 27 by replacing "contract" with the following:
"reimbursement agreement, contract, or grant"; and
on page 3, line 28 by inserting after "contractor" the following:
"or a grantee"; and
on page 3, line 31 by inserting after "contractor" the following:
"or grantee"; and
on page 4, by inserting after line 13 the following:
"Section 20. Reporting. Any labor organization may file a
complaint with the Department of Human Services if it believes that a
contractor or grantee is expending funds in violation of this Act.
Upon the filing of such a complaint, the Department of Human Services
shall, within one week, notify the contractor or grantee that it must
provide the following accounting:
(a) the date, the amount of, and the nature of any use of money
or other things of value for the production or distribution of
literature or other similar communications, the holding of meetings,
including meetings with supervisors and managerial employees, and the
use of consultants or lawyers;
(b) the source of the money or other things of value so used.
The accounting shall be made to the Department of Human Services
within 14 calendar days of the receipt of the request for it. The
accounting shall be made available to the complainant upon receipt by
the Department of Human Services."; and
HOUSE OF REPRESENTATIVES 4575
on page 4, line 14 by changing "20" to "25"; and
on page 4, line 16 by inserting after "agreement" the following:
"or fails to comply with the reporting requirements of Section 20".
AMENDMENT NO. 3. Amend House Bill 1959, AS AMENDED, by replacing
the title with the following:
"AN ACT regarding certain contracts for the delivery of human
services."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Human
Services Delivery Neutrality Agreement Act.
Section 5. Legislative findings and declaration of policy.
(a) The purpose of this Act is to set forth a program to better
provide human services to needy citizens of the State of Illinois.
The State of Illinois enters into reimbursement agreements with,
contracts with, and provides grants to private entities (contractors
and grantees) for the purpose of providing residential and day
treatment services to the mentally ill and developmentally disabled.
The State of Illinois enters into these contracts and provides these
grants to best provide the human services necessary for the care and
development of its neediest citizens.
(b) The General Assembly finds that the needs of its mentally
ill and developmentally disabled citizens cannot be met if the
services provided to them through reimbursement agreements,
contracts, or grant agreements between the State of Illinois and
contractors and grantees are subject to disruption. The General
Assembly further finds that the likelihood of service disruption is
enhanced when contention arises between contractors and grantees and
labor organizations seeking to represent the employees of those
entities. The General Assembly finds that contractors and grantees
that seek to influence their employees with respect to the decision
of those employees to be or not to be represented by a labor
organization, that is contractors and grantees who fail to remain
neutral during periods when labor organizations are seeking to become
the representative of their employees, are most likely to be subject
to strikes, work stoppages, or work disruptions by their employees.
These strikes, work stoppages, or work disruptions have a detrimental
effect on the services being provided to Illinois citizens who are
mentally ill or developmentally disabled.
(c) It is hereby declared to be the policy of the State of
Illinois that, to prevent the disruption of residential and day
treatment services to its mentally ill and developmentally disabled
citizens, the State of Illinois shall require as a condition of any
contract or grant that the contractor or grantee remain neutral, as
set forth in this Act, when a labor organization seeks to become the
representative of their employees with respect to the decision of
those employees to be represented or not to be represented by the
labor organization.
Section 10. Definitions. As used in this Act:
"Contractor or grantee" means an individual or entity other than
the State of Illinois, a State agency, or a political subdivision of
the State of Illinois, which has a reimbursement agreement or
contractual or other relationship with or has received moneys from
the State of Illinois or a State agency to provide residential or day
treatment services to mentally ill or developmentally disabled
persons, which reimbursement agreement, contract, or grant is funded
in whole or in part by the State of Illinois, or through the Medicaid
program of the State of Illinois. "Contractor" includes a
subcontractor and a contractor of a grantee and any other entity
controlled in whole or in part by the contractor, or an entity in
which the contractor has a substantial beneficial interest.
4576 JOURNAL OF THE [May 14, 1999]
"Grantee" includes a sub-grantee and a grantee of a contractor and
any other entity controlled in whole or in part by the grantee, or an
entity in which the grantee has a substantial beneficial interest.
"Employee" means a person employed by a contractor or grantee
other than a person employed in a bona fide supervisory or managerial
position as defined by applicable law.
"Labor organization" means an organization of any kind in which
employees participate and which exists for the purpose, in whole or
in part, of representing employees concerning grievances, labor
disputes, wages, rates of pay, benefits, hours of employment, or
working conditions.
"Neutrality agreement" means an agreement by a contractor or a
grantee which includes all of the following provisions:
(i) not to use State funds to promote, assist, or deter
union organizing or to otherwise seek to influence the decision
of any of its employees to be represented or not represented by a
labor organization; and
(ii) not to require or prohibit the attendance of employees
at any meeting related to union representation; and
(iii) not to schedule or hold meetings related to union
representation during an employee's work time or in work areas;
and
(iv) to allow a labor organization the same opportunity to
communicate with employees as is used by the contractor or the
grantee, including the right to have access to the premises of
the contractor or grantee, post notices, distribute literature,
and use the premises of the employer to hold meetings with
employees.
"State funds" means any money or other thing of value provided by
the State of Illinois, a State agency, or a political subdivision of
the State of Illinois.
Section 15. Policy requirements.
(a) All contractors and grantees shall be subject to and shall
abide by a neutrality agreement.
(b) No contractor or grantee shall receive a contract or grant
to provide residential or day treatment services for the mentally ill
or developmentally disabled citizens of the State of Illinois unless
the contractor or grantee has agreed to a neutrality agreement.
(c) Any reimbursement agreement, contract, or grant entered into
by and between a contractor or a grantee and the State of Illinois or
a State agency to provide residential or day treatment services to
the mentally ill or developmentally disabled shall include a
neutrality agreement and an agreement by the contractor or grantee to
comply with the terms of the neutrality agreement.
(d) Any grant agreement entered into by and between a grantee
and the State of Illinois or a State agency to provide residential or
day treatment services to the mentally ill or developmentally
disabled shall include a neutrality agreement and an agreement by the
grantee to comply with the terms of the neutrality agreement.
(e) Any contractor or grantee entering into a contract with any
person or entity to provide any of the services subject to the
contract or grant agreement between the contractor or grantee and the
State of Illinois or a State agency shall include in the contract or
grant agreement a neutrality agreement identical to the neutrality
agreement in the contract or grant agreement between the contractor
or grantee and the State of Illinois or State agency.
Section 20. Reporting. Any labor organization may file a
complaint with the Department of Human Services if it believes that a
contractor or grantee is expending funds in violation of this Act.
Upon the filing of such a complaint, the Department of Human Services
shall, within one week, notify the contractor or grantee that it must
HOUSE OF REPRESENTATIVES 4577
provide the following accounting:
(a) the date, the amount of, and the nature of any use of money
or other things of value for the production or distribution of
literature or other similar communications, the holding of meetings,
including meetings with supervisors and managerial employees, and the
use of consultants or lawyers;
(b) the source of the money or other things of value so used.
The accounting shall be made to the Department of Human Services
within 14 calendar days of the receipt of the request for it. The
accounting shall be made available to the complainant upon receipt by
the Department of Human Services.
Section 25. Enforcement.
(a) If a contractor or grantee breaches a neutrality agreement
or fails to comply with the reporting requirements of Section 20, the
State of Illinois may take any action necessary to enforce
compliance, including but not limited to a civil action for
injunctive relief, declaratory relief, specific performance, or
damages or a combination of those remedies.
(b) If the State of Illinois brings an enforcement action for
violation of this Act, any person or labor organization with a direct
interest in compliance with this Act may join in that enforcement
action as a real party in interest.
(c) If the State of Illinois declines to institute an action for
enforcement for violation of this Act, any person or labor
organization with a direct interest in compliance with this Act may
institute and enforce a civil action on his or her or its own behalf
against the contractor or grantee and seek injunctive relief,
declaratory relief, specific performance, or damages or a combination
of those remedies.
(d) Remedies for violation of this Act include but are not
limited to injunctive and declaratory relief, specific performance,
and monetary damages. In view of the difficulty of determining actual
damages incurred because of a violation of this Act, liquidated
damages shall be awarded at the rate of $1,000 for each violation
plus an additional $500 for each day the violation continues without
remedy. Damages shall be distributed equally between the State of
Illinois and the private plaintiffs, if any.
Section 90. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 3 to HOUSE BILL 1959 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2081
A bill for AN ACT to amend the Cemetery Care Act by changing
Section 15.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
4578 JOURNAL OF THE [May 14, 1999]
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2081.
Senate Amendment No. 2 to HOUSE BILL NO. 2081.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2081 by replacing the title
with the following:
"AN ACT concerning funeral and cemetery services, amending named
Acts."; and
on page 1, after line 4, by inserting the following:
"Section 2. The Illinois Funeral or Burial Funds Act is amended
by changing Section 1 as follows:
(225 ILCS 45/1) (from Ch. 111 1/2, par. 73.101)
Sec. 1. Payment under pre-need contract. Except as otherwise
provided in this Section, all sales proceeds paid to any person,
partnership, association or corporation with respect to merchandise
or services covered by this Act, upon any agreement or contract, or
any series or combination of agreements or contracts, which has for a
purpose the furnishing or performance of funeral services, or the
furnishing or delivery of any personal property, merchandise, or
services of any nature in connection with the final disposition of a
dead human body, including, but not limited to, outer burial
containers, urns, combination casket-vault units, caskets and
clothing, for future use at a time determinable by the death of the
person or persons whose body or bodies are to be so disposed of,
shall be held to be trust funds, and shall be placed in trust in
accordance with Sections 1b and 2, or shall be used to purchase life
insurance or annuities in accordance with Section 2a. The person,
partnership, association or corporation receiving said payments under
a pre-need contract is hereby declared to be a trustee thereof until
deposits of funds are made in accordance with Section 1b or 2a of
this Act. Persons holding less than $500,000 in trust funds may
continue to act as the trustee after the funds are deposited in
accordance with subsection (d) of Section 1b.
Nothing in this Act shall be construed to prohibit the inclusion
of outer burial containers in sales contracts under the Illinois
Pre-Need Cemetery Sales Act.
(Source: P.A. 88-477.)"; and
by replacing lines 27 and 28 with the following:
"Section 10. The Illinois Pre-Need Cemetery Sales Act is amended
by changing Sections 4, 14, 15, and 20 as follows:
(815 ILCS 390/4) (from Ch. 21, par. 204)
Sec. 4. Definitions. As used in this Act, the following terms
shall have the meaning specified:
(a) "Pre-need sales contract" or "Pre-need sales" means any
agreement or contract or series or combination of agreements or
contracts which have for a purpose the sale of cemetery merchandise,
cemetery services or undeveloped interment, entombment or inurnment
spaces where the terms of such sale require payment or payments to be
made at a currently determinable time and where the merchandise,
services or completed spaces are to be provided more than 120 days
following the initial payment on the account.
(b) "Delivery" occurs when:
(1) physical possession of the merchandise is transferred
HOUSE OF REPRESENTATIVES 4579
or the easement for burial rights in a completed space is
executed, delivered and transferred to the buyer; or
(2) title to the merchandise has been transferred to the
buyer and the merchandise has been paid for and is in the
possession of the seller who has placed it, until needed, at the
site of its ultimate use; or
(3) (A) A. the merchandise has been permanently identified
with the name of the buyer or the beneficiary and delivered to a
licensed and bonded warehouse and both title to the merchandise
and a warehouse receipt have been delivered to the purchaser or
beneficiary; except that in the case of outer burial containers,
the use of a licensed and bonded warehouse as set forth in this
paragraph shall not constitute delivery for purposes of this Act.
Nothing herein shall prevent a seller from perfecting a security
interest in accordance with the Uniform Commercial Code on any
merchandise covered under this Act.
(B) B. All warehouse facilities to which sellers deliver
merchandise pursuant to this Act shall:
(i) be either located in the State of Illinois or
qualify as a foreign warehouse facility as defined herein;
(ii) submit to the Comptroller not less than annually,
by March 1 of each year, a report of all cemetery
merchandise stored by each licensee under this Act which is
in storage on the date of the report;
(iii) permit the Comptroller or his designee at any
time to examine stored merchandise and to examine any
documents pertaining thereto;
(iv) submit evidence satisfactory to the Comptroller
that all merchandise stored by said warehouse for licensees
under this Act is insured for casualty or other loss
normally assumed by a bailee for hire;
(v) demonstrate to the Comptroller that the warehouse
has procured and is maintaining a performance bond in the
form, content and amount sufficient to unconditionally
guarantee to the purchaser or beneficiary the prompt
shipment of the cemetery merchandise.
(C) C. "Cemetery merchandise" means items of personal
property normally sold by a cemetery authority not covered under
the Illinois Funeral or Burial Funds Act "An Act concerning
agreements for furnishing or delivery of personal property,
merchandise or services in connection with the final disposition
of dead human bodies and regulating use or disposition of funds
paid on said agreements and providing penalties for violation
thereof", approved July 14, 1955, as amended, including but not
limited to:
(1) memorials,
(2) markers,
(3) monuments, and
(4) foundations, and.
(5) outer burial containers.
(D) D. "Undeveloped interment, entombment or inurnment
interment spaces" or "undeveloped spaces" means any space to be
used for the reception of human remains that is not completely
and totally constructed at the time of initial payment therefor
therefore in a:
(1) lawn crypt,
(2) mausoleum,
(3) garden crypt,
(4) columbarium, or
(5) cemetery section.
(E) E. "Cemetery services" means those services customarily
4580 JOURNAL OF THE [May 14, 1999]
performed by a cemetery or crematory personnel in connection with
the interment, entombment, inurnment or cremation of a dead human
body.
(F) F. "Cemetery section" means a grouping of spaces
intended to be developed simultaneously for the purpose of
interring human remains.
(G) G. "Columbarium" means an arrangement of niches that
may be an entire building, a complete room, a series of special
indoor alcoves, a bank along a corridor or part of an outdoor
garden setting that is constructed of permanent material such as
bronze, marble, brick, stone or concrete for the inurnment of
human remains.
(H) H. "Lawn crypt" means a permanent underground crypt
usually constructed of reinforced concrete or similar material
installed in multiple units for the interment of human remains.
(I) I. "Mausoleum" or "garden crypt" means a grouping of
spaces constructed of reinforced concrete or similar material
constructed or assembled above the ground for entombing human
remains.
(J) J. "Memorials, markers and monuments" means the object
usually comprised of a permanent material such as granite or
bronze used to identify and memorialize the deceased.
(K) K. "Foundations" means those items used to affix or
support a memorial or monument to the ground in connection with
the installation of a memorial, marker or monument.
(L) L. "Person" means an individual, corporation,
partnership, joint venture, business trust, voluntary
organization or any other form of entity.
(M) M. "Seller" means any person selling or offering for
sale cemetery merchandise, cemetery services or undeveloped
spaces on a pre-need basis.
(N) N. "Religious cemetery" means mean a cemetery owned,
operated, controlled or managed by any recognized church,
religious society, association or denomination or by any cemetery
authority or any corporation administering, or through which is
administered, the temporalities of any recognized church,
religious society, association or denomination.
(O) O. "Municipal cemetery" means a cemetery owned,
operated, controlled or managed by any city, village,
incorporated town, township, county or other municipal
corporation, political subdivision, or instrumentality thereof
authorized by law to own, operate or manage a cemetery.
(O-1) "Outer burial container" means a container made of
concrete, steel, wood, fiberglass, or similar material, used
solely at the interment site, and designed and used exclusively
to surround or enclose a separate casket and to support the earth
above such casket, commonly known as a burial vault, grave box,
or grave liner, but not including a lawn crypt.
(P) P. "Sales price" means the gross amount paid by a
purchaser on a pre-need sales contract for cemetery merchandise,
cemetery services or undeveloped interment, entombment or
inurnment spaces, excluding sales taxes, credit life insurance
premiums, finance charges and "Cemetery Care Act" contributions.
(Q) Q. "Foreign warehouse facility" means a warehouse
facility now or hereafter located in any state or territory of
the United States, including the District of Columbia, other than
the State of Illinois.
A foreign warehouse facility shall be deemed to have
appointed the Comptroller to be its true and lawful attorney upon
whom may be served all legal process in any action or proceeding
against it relating to or growing out of this Act, and the
HOUSE OF REPRESENTATIVES 4581
acceptance of the delivery of stored merchandise under this Act
shall be signification of its agreement that any such process
against it which is so served, shall be of the same legal force
and validity as though served upon it personally.
Service of such process shall be made by delivering to and
leaving with the Comptroller, or any agent having charge of the
Comptroller's Department of Cemetery and Burial Trusts, a copy of
such process and such service shall be sufficient service upon
such foreign warehouse facility if notice of such service and a
copy of the process are, within 10 days thereafter, sent by
registered mail by the plaintiff to the foreign warehouse
facility at its principal office and the plaintiff's affidavit of
compliance herewith is appended to the summons. The Comptroller
shall keep a record of all process served upon him under this
Section and shall record therein the time of such service.
(Source: P.A. 85-1209; revised 10-31-98.)
(815 ILCS 390/14) (from Ch. 21, par. 214)
Sec. 14. A written sales contract shall be executed in duplicate
for each pre-need sale made by a licensee, and a signed copy given to
the purchaser. Each completed contract shall be numbered and shall
contain the name of the purchaser and the seller, the name of the
person, if known, who is to receive the cemetery merchandise,
cemetery services or the completed interment, entombment or inurnment
spaces under the contract and specifically identify such merchandise,
services or spaces. In addition, such contracts must contain a
provision in distinguishing typeface substantially as follow:
"Notwithstanding anything in this contract to the contrary, you
are afforded certain specific rights of cancellation and refund under
Sections 18 and 19 of the Illinois Pre-Need Cemetery Sales Act,
enacted by the 84th General Assembly of the State of Illinois".
All pre-need sales contracts shall be sold on a guaranteed price
basis. At the time of performance of the service or delivery of the
merchandise, the seller shall be prohibited from assessing the
purchaser or his heirs or assigns or duly authorized representative
any additional charges for the specific merchandise and services
listed on the pre-need sales contract.
All pre-need sales contracts must be in writing and no pre-need
contract form shall be used without prior filing with the
Comptroller. The Comptroller shall review all pre-need sales
contract forms and shall prohibit the use of contract forms that do
not meet the requirements of this Act upon written notification to
the seller. Any use or attempted use of any oral pre-need sales
contract or any written pre-need sales contract in a form not filed
with the Comptroller or in a form that does not meet the requirements
of this Act shall be deemed a violation of this Act.
(Source: P.A. 85-805.)
(815 ILCS 390/15) (from Ch. 21, par. 215)
Sec. 15. (a) Whenever a seller receives anything of value under
a pre-need sales contract, the person receiving such value shall
deposit 50% of all proceeds received into one or more trust funds
maintained pursuant to this Section, except that, in the case of
proceeds received for the purchase of outer burial containers, 85% of
the proceeds shall be deposited into one or more trust funds. Such
deposits shall be made until the amount deposited in trust equals 50%
of the sales price of the cemetery merchandise, cemetery services and
undeveloped spaces included in such contract, except that, in the
case of deposits for outer burial containers, deposits shall be made
until the amount deposited in trust equals 85% of the sales price. In
the event an installment contract is factored, discounted or sold to
a third party, the seller shall deposit an amount equal to 50% of the
sales price of the installment contract, except that, for the portion
4582 JOURNAL OF THE [May 14, 1999]
of the contract attributable to the sale of outer burial containers,
the seller shall deposit an amount equal to 85% of the sales price.
Proceeds required to be deposited in trust which are attributable to
cemetery merchandise and cemetery services shall be held in a
"Cemetery Merchandise Trust Fund". Proceeds required to be deposited
in trust which are attributable to the sale of undeveloped interment,
entombment or inurnment spaces shall be held in a "Pre-construction
Trust Fund". If merchandise is delivered for storage in a bonded
warehouse, as authorized herein, and payment of transportation or
other charges totaling more than $20 will be required in order to
secure delivery to the site of ultimate use, upon such delivery to
the warehouse the seller shall deposit to the trust fund the full
amount of the actual or estimated transportation charge.
Transportation charges which have been prepaid by the seller shall
not be deposited to trust funds maintained pursuant to this Section.
As used in this Section, "all proceeds" means the entire amount paid
by a purchaser in connection with a pre-need sales contract,
including finance charges and Cemetery Care Act contributions, but
excluding sales taxes and credit life insurance premiums.
(b) All trust deposits required by this Act shall be made within
30 days following the end of the month of receipt.
(c) A trust established under this Act must be maintained:
(1) in a trust account established in a bank, savings and loan
association or credit union authorized to do business in Illinois
where such accounts are insured by an agency of the federal
government;
(2) in a trust company authorized to do business in Illinois; or
(3) in an investment company authorized to do business in
Illinois insured by the Securities Brokers Insurance Corporation.
(d) Funds deposited in the trust account shall be identified in
the records of the seller by the name of the purchaser. Nothing shall
prevent the trustee from commingling the deposits in any such trust
fund for purposes of the management thereof and the investment of
funds therein as provided in the "Common Trust Fund Act", approved
June 24, 1949, as amended. In addition, multiple trust funds
maintained pursuant to this Act may be commingled or commingled with
other funeral or burial related trust funds, provided that all record
keeping requirements imposed by or pursuant to law are met.
(e) In lieu of a pre-construction trust fund, a seller of
undeveloped interment, entombment or inurnment spaces may obtain and
file with the Comptroller a performance bond in an amount at least
equal to 50% of the sales price of the undeveloped spaces or the
estimated cost of completing construction, whichever is greater. The
bond shall be conditioned on the satisfactory construction and
completion of the undeveloped spaces as required in Section 19 of
this Act.
Each bond obtained under this Section shall have as surety
thereon a corporate surety company incorporated under the laws of the
United States, or a State, the District of Columbia or a territory or
possession of the United States. Each such corporate surety company
must be authorized to provide performance bonds as required by this
Section, have paid-up capital of at least $250,000 in cash or its
equivalent and be able to carry out its contracts. Each pre-need
seller must provide to the Comptroller, for each corporate surety
company such seller utilizes, a statement of assets and liabilities
of the corporate surety company sworn to by the president and
secretary of the corporation by January 1 of each year.
The Comptroller shall prohibit pre-need sellers from doing new
business with a corporate surety company if the company is insolvent
or is in violation of this Section. In addition the Comptroller may
direct a pre-need seller to reinstate a pre-construction trust fund
HOUSE OF REPRESENTATIVES 4583
upon the Comptroller's determination that the corporate surety
company no longer is sufficient security.
All performance bonds issued pursuant to this Section must be
irrevocable during the statutory term for completing construction
specified in Section 19 of this Act, unless terminated sooner by the
completion of construction.
(f) Whenever any pre-need contract shall be entered into and
include 1) items of cemetery merchandise and cemetery services, and
2) rights to interment, inurnment or entombment in completed spaces
without allocation of the gross sale price among the items sold, the
application of payments received under the contract shall be
allocated, first to the right to interment, inurnment or entombment,
second to items of cemetery merchandise and cemetery services, unless
some other allocation is clearly provided in the contract.
(g) Any person engaging in pre-need sales who enters into a
combination sale which involves the sale of items covered by a trust
or performance bond requirement and any item not covered by any
entrustment or bond requirement, shall be prohibited from increasing
the gross sales price of those items not requiring entrustment with
the purpose of allocating a lesser gross sales price to items which
require a trust deposit or a performance bond.
(Source: P.A. 85-1209.)
(815 ILCS 390/20) (from Ch. 21, par. 220)
Sec. 20. (a) Each licensee must keep accurate accounts, books and
records in this State of all transactions, copies of agreements,
dates and amounts of payments made or received, the names and
addresses of the contracting parties, the names and addresses of
persons for whose benefit funds are received, if known, and the names
of the trust depositories.
(b) Each licensee must maintain such records for a period of 3
years after the licensee shall have fulfilled his obligation under
the pre-need contract or 3 years after any stored merchandise shall
have been provided to the purchaser or beneficiary, whichever is
later.
(c) Each licensee shall submit reports to the Comptroller
annually, under oath, on forms furnished by the Comptroller. The
annual report shall contain, but shall not be limited to, the
following:
(1) An accounting of the principal deposit and additions of
principal during the fiscal year.
(2) An accounting of any withdrawal of principal or
earnings.
(3) An accounting at the end of each fiscal year, of the
total amount of principal and earnings held.
(d) The annual report shall be filed by the licensee with the
Comptroller within 75 days after the end of the licensee's fiscal
year. An extension of up to 60 days may be granted by the
Comptroller, upon a showing of need by the licensee. Any other
reports shall be in the form furnished or specified by the
Comptroller. 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. Each report shall be accompanied by a check or money
order in the amount of $10 payable to: Comptroller, State of
Illinois.
(e) On and after the effective date of this amendatory Act, a
licensee may report all required information concerning the sale of
outer burial containers on the licensee's annual report required to
be filed under this Act and shall not be required to report that
information under the Illinois Funeral or Burial Funds Act.
4584 JOURNAL OF THE [May 14, 1999]
(Source: P.A. 88-477.)
Section 99. Effective date. This Act takes effect upon becoming
law, except that the changes to the Illinois Funeral or Burial Funds
Act and the Illinois Pre-Need Cemetery Sales Act take effect on
January 1, 2000.".
AMENDMENT NO. 2. Amend House Bill 2081, AS AMENDED, as follows:
in the introductory clause of Section 2, by replacing "changing
Section 1" with "changing Sections 1 and 4a and adding Section 4b";
and
in Section 2, after the last line of Sec. 1, by inserting the
following:
"(225 ILCS 45/4a)
Sec. 4a. Investment of funds.
(a) A trustee shall, with respect to the investment of trust
funds, exercise the judgment and care under the circumstances then
prevailing that persons of prudence, discretion, and intelligence
exercise in the management of their own affairs, not in regard to
speculation, but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety
of their capital.
(b) The trust shall be a single-purpose trust fund. In the
event of the seller's bankruptcy, insolvency or assignment for the
benefit of creditors, or an adverse judgment, the trust funds shall
not be available to any creditor as assets of the seller or to pay
any expenses of any bankruptcy or similar proceeding, but shall be
distributed to the purchasers or managed for their benefit by the
trustee holding the funds. Except in an action by the Comptroller to
revoke a license issued pursuant to this Act and for creation of a
receivership as provided in this Act, the trust shall not be subject
to judgment, execution, garnishment, attachment, or other seizure by
process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or
other alienation, and shall not be assignable except as approved by
the Comptroller. The changes made by this amendatory Act of the 91st
General Assembly are intended to clarify existing law regarding the
inability of licensees to pledge the trust.
(c) Because it is not known at the time of deposit or at the
time that income is earned on the trust account to whom the principal
and the accumulated earnings will be distributed for the purpose of
determining the Illinois income tax due on these trust funds, the
principal and any accrued earnings or losses related to each
individual account shall be held in suspense until the final
determination is made as to whom the account shall be paid. The
beneficiary's estate shall not be responsible for any funeral and
burial purchases listed in a pre-need contract if the pre-need
contract is entered into on a guaranteed price basis.
If a pre-need contract is not a guaranteed price contract, then
to the extent the proceeds of a non-guaranteed price pre-need
contract cover the funeral and burial expenses for the beneficiary,
no claim may be made against the estate of the beneficiary. A claim
may be made against the beneficiary's estate if the charges for the
funeral services and merchandise at the time of use exceed the amount
of the amount in trust plus the percentage of the sale proceeds
initially retained by the seller or the face value of the life
insurance policy or tax-deferred annuity.
(d) Trust funds shall not be invested by the trustee in life
insurance policies or tax-deferred annuities unless the following
requirements are met:
(1) The company issuing the life insurance policies or
tax-deferred annuities is licensed by the Illinois Department of
Insurance and the insurance producer or annuity seller is
HOUSE OF REPRESENTATIVES 4585
licensed to do business in the State of Illinois;
(2) Prior to the investment, the purchaser approves, in
writing, the investment in life insurance policies or
tax-deferred annuities;
(3) Prior to the investment, the purchaser is notified by
the seller in writing about the disclosures required for all
pre-need contracts under Section 1a-1 of this Act, and the
purchase of life insurance or a tax-deferred annuity is subject
to the requirements of Section 2a of this Act;
(4) Prior to the investment, the trustee informs the
Comptroller that trust funds shall be removed from the trust
account to purchase life insurance or a tax-deferred annuity upon
the written consent of the purchaser;
(5) The purchaser retains the right to refund provided for
in this Act, unless the pre-need contract is sold on an
irrevocable basis as provided in Section 4 of this Act; and
(6) Notice must be given in writing that the cash surrender
value of a life insurance policy may be less than the amount
provided for by the refund provisions of the trust account.
(Source: P.A. 88-477.)
(225 ILCS 45/4b new)
Sec. 4b. Licensee bankruptcy. In the event of a licensee's
bankruptcy, insolvency, or assignment for the benefit of creditors,
or in the event of the bankruptcy, insolvency, or assignment for the
benefit of creditors of any person, partnership, association,
corporation, or other entity that possesses a controlling interest in
a licensee, the licensee shall provide notice in writing of that
event to each purchaser of a pre-need sales contract or a pre-need
contract within 30 days after the event of bankruptcy, insolvency, or
assignment for the benefit of creditors. At a minimum, the notice
must contain the following:
(1) The name and address of the licensee.
(2) If different from the licensee, the name and address of
the party that is the subject of the bankruptcy, insolvency, or
assignment for the benefit of creditors.
(3) A brief description of the event of bankruptcy,
insolvency, or assignment for the benefit of creditors.
(4) The case name or other identifying title of any matter
pending in any court, federal or State, pertaining to the
bankruptcy, insolvency, or assignment for the benefit of
creditors.
(5) The name and address of the court in which the
bankruptcy, insolvency, or assignment for the benefit of
creditors is pending.
(6) A description of any action the purchaser must
undertake to file a claim or to protect the purchaser's
interests, including the purchaser's right to a refund under this
Act."; and
by replacing the introductory clause of Section 5 with the following:
"Section 5. The Cemetery Care Act is amended by changing Sections
4 and 15 as follows:
(760 ILCS 100/4) (from Ch. 21, par. 64.4)
Sec. 4. Care funds; deposits; investments. Whenever a cemetery
authority owning, operating, controlling or managing a privately
operated cemetery accepts care funds, either in connection with the
sale or giving away at an imputed value of an interment right,
entombment right or inurnment right, or in pursuance of a contract,
or whenever, as a condition precedent to the purchase or acceptance
of an interment right, entombment right or inurnment right, such
cemetery authority requires the establishment of a care fund or a
deposit in an already existing care fund, then such cemetery
4586 JOURNAL OF THE [May 14, 1999]
authority shall execute and deliver to the person from whom received
an instrument in writing which shall specifically state: (a) the
nature and extent of the care to be furnished, and (b) that such care
shall be furnished only in so far as the net income derived from the
amount deposited in trust will permit (the income from the amount so
deposited, less necessary expenditures of administering the trust,
shall be deemed the net income), and (c) that not less than the
following amounts will be set aside and deposited in trust:
1. For interment rights, $1 per square foot of the space
sold or 15% of the sales price or imputed value, whichever is the
greater, with a minimum of $25 for each individual interment
right.
2. For entombment rights, not less than 10% of the sales
price or imputed value with a minimum of $25 for each individual
entombment right.
3. For inurnment rights, not less than 10% of the sales
price or imputed value with a minimum of $15 for each individual
inurnment right.
4. For any transfer of interment rights, entombment rights,
or inurnment rights recorded in the records of the cemetery
authority, excepting only transfers between members of the
immediate family of the transferor, a minimum of $25 for each
such right transferred. For the purposes of this paragraph
"immediate family of the transferor" means the spouse, parents,
grandparents, children, grandchildren, and siblings of the
transferor.
5. Upon an interment, entombment, or inurnment in a grave,
crypt, or niche in which rights of interment, entombment, or
inurnment were originally acquired from a cemetery authority
prior to January 1, 1948, a minimum of $25 for each such right
exercised.
6. For the special care of any lot, grave, crypt, or niche
or of a family mausoleum, memorial, marker, or monument, the full
amount received.
Such setting aside and deposit shall be made by such cemetery
authority not later than 30 days after the close of the month in
which the cemetery authority gave away for an imputed value or
received the final payment on the purchase price of interment rights,
entombment rights, or inurnment rights, or received the final payment
for the general or special care of a lot, grave, crypt or niche or of
a family mausoleum, memorial, marker or monument; and such amounts
shall be held by the trustee of the care funds of such cemetery
authority in trust in perpetuity for the specific purposes stated in
said written instrument. For all care funds received by a cemetery
authority, except for care funds received by a cemetery authority
pursuant to a specific gift, grant, contribution, payment, legacy, or
contract that are subject to investment restrictions more restrictive
than the investment provisions set forth in this Act, and except for
care funds otherwise subject to a trust agreement executed by a
person or persons responsible for transferring the specific gift,
grant, contribution, payment, or legacy to the cemetery authority
that contains investment restrictions more restrictive than the
investment provisions set forth in this Act, the cemetery authority
may, without the necessity of having to obtain prior approval from
any court in this State, designate a new trustee in accordance with
this Act and invest the care funds in accordance with this Section,
notwithstanding any contrary limitation contained in the trust
agreement.
Any such cemetery authority engaged in selling or giving away at
an imputed value interment rights, entombment rights or inurnment
rights, in conjunction with the selling or giving away at an imputed
HOUSE OF REPRESENTATIVES 4587
value any other merchandise or services not covered by this Act,
shall be prohibited from increasing the sales price or imputed value
of those items not requiring a care fund deposit under this Act with
the purpose of allocating a lesser sales price or imputed value to
items that require a care fund deposit.
In the event any sale that would require a deposit to such
cemetery authority's care fund is made by a cemetery authority on an
installment basis, and the installment contract is factored,
discounted, or sold to a third party, the cemetery authority shall
deposit the amount due to the care fund within 30 days after the
close of the month in which the installment contract was factored,
discounted, or sold. If, subsequent to such deposit, the purchaser
defaults on the contract such that no care fund deposit on that
contract would have been required, the cemetery authority may apply
the amount deposited as a credit against future required deposits.
The trust authorized by this Section shall be a single purpose
trust fund. In the event of the seller's bankruptcy, insolvency, or
assignment for the benefit of creditors, or an adverse judgment, the
trust funds shall not be available to any creditor as assets of the
cemetery authority or to pay any expenses of any bankruptcy or
similar proceeding, but shall be retained intact to provide for the
future maintenance of the cemetery. Except in an action by the
Comptroller to revoke a license issued pursuant to this Act and for
creation of a receivership as provided in this Act, the trust shall
not be subject to judgment, execution, garnishment, attachment, or
other seizure by process in bankruptcy or otherwise, nor to sale,
pledge, mortgage, or other alienation, and shall not be assignable
except as approved by the Comptroller. The changes made by this
amendatory Act of the 91st General Assembly are intended to clarify
existing law regarding the inability of licensees to pledge the
trust.
(Source: P.A. 88-477; 89-615, eff. 8-9-96.)"; and
in the introductory clause of Section 10, by replacing "and 20" with
"16, and 20 and adding Section 16.5"; and
in Section 10, by replacing all of Sec. 14 with the following:
"(815 ILCS 390/14) (from Ch. 21, par. 214)
Sec. 14. Contract required.
(a) It is unlawful for any seller doing business within this
State to accept sales proceeds, either directly or indirectly by any
means, unless the seller enters into a pre-need sales contract with
the purchaser which meets the following requirements:
(1) A written sales contract shall be executed in duplicate
for each pre-need sale made by a licensee, and a signed copy
given to the purchaser. Each completed contract shall be numbered
and shall contain the name and address of the purchaser and the
seller, the name of the person, if known, who is to receive the
cemetery merchandise, cemetery services or the completed
interment, entombment or inurnment spaces under the contract and
specifically identify such merchandise, services or spaces.
(2) In addition, such contracts must contain a provision in
distinguishing typeface substantially as follows follow:
"Notwithstanding anything in this contract to the contrary,
you are afforded certain specific rights of cancellation and
refund under Sections 18 and 19 of the Illinois Pre-Need Cemetery
Sales Act, enacted by the 84th General Assembly of the State of
Illinois".
(3) All pre-need sales contracts shall be sold on a
guaranteed price basis. At the time of performance of the service
or delivery of the merchandise, the seller shall be prohibited
from assessing the purchaser or his heirs or assigns or duly
authorized representative any additional charges for the specific
4588 JOURNAL OF THE [May 14, 1999]
merchandise and services listed on the pre-need sales contract.
Each contract shall clearly disclose that the price of the
merchandise or services is guaranteed and shall contain the following
statement in 12 point bold type:
"THIS CONTRACT GUARANTEES THE BENEFICIARY THE SPECIFIC GOODS AND
SERVICES CONTRACTED FOR. NO ADDITIONAL CHARGES MAY BE REQUIRED. FOR
DESIGNATED GOODS AND SERVICES, ADDITIONAL CHARGES MAY BE INCURRED FOR
UNEXPECTED EXPENSES."
(b) Every pre-need sales contract must be in writing, and no
pre-need sales contract form may be used unless it has previously
been filed with the Comptroller. The Comptroller shall review all
pre-need sales contract forms and, upon written notification to the
seller, shall prohibit the use of contract forms that do not meet the
requirements of this Act. Any use or attempted use of any oral
pre-need sales contract or any written pre-need sales contract in a
form not filed with the Comptroller or in a form that does not meet
the requirements of this Act shall be deemed a violation of this Act.
The Comptroller may by rule develop a model pre-need sales contract
form that meets the requirements of this Act.
(c) To the extent the Rule is applicable, every pre-need sales
contract is subject to the Federal Trade Commission Rule concerning
the Cooling-Off Period for Door-to-Door Sales (16 CFR Part 429).
(Source: P.A. 85-805.)"; and
in Section 10, after the last line of Sec. 15, buy inserting the
following:
"(815 ILCS 390/16) (from Ch. 21, par. 216)
Sec. 16. Trust funds; disbursements.
(a) A trustee shall make no disbursements from the trust fund
except as provided in this Act.
(b) A trustee shall, with respect to the investment of such
trust funds, exercise the judgment and care under the circumstances
then prevailing which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not in
regard to speculation, but in regard to the permanent disposition of
their funds, considering the probable income as well as the probable
safety of their capital.
The seller shall act as trustee of all amounts received for
cemetery merchandise, services, or undeveloped spaces until those
amounts have been deposited into the trust fund. The seller may
continue to be the trustee of up to $500,000 that has been deposited
into the trust fund, but the seller must retain an independent
trustee for any amount of trust funds in excess of $500,000. A
seller holding trust funds in excess of $500,000 on the effective
date of this amendatory Act of 1996 shall have 36 months to retain an
independent trustee for the amounts over $500,000; any other seller
must retain an independent trustee for its trust funds in excess of
$500,000 as soon as may be practical. The Comptroller shall have
the right to disqualify the trustee upon the same grounds as for
refusing to grant or revoking a license hereunder. Upon notice to
the Comptroller, the seller may change the trustee of the trust fund.
(c) The trustee may rely upon certifications and affidavits made
to it under the provisions of this Act, and shall not be liable to
any person for such reliance.
(d) A trustee shall be allowed to withdraw from the trust funds
maintained pursuant to this Act, payable solely from the income
earned on such trust funds, a reasonable fee for all usual and
customary services for the operation of the trust fund, including,
but not limited to trustee fees, investment advisor fees, allocation
fees, annual audit fees and other similar fees. The maximum amount
allowed to be withdrawn for these fees each year shall be the lesser
of 3% of the balance of the trust calculated on an annual basis or
HOUSE OF REPRESENTATIVES 4589
the amount of annual income generated therefrom.
(e) The trust shall be a single-purpose trust fund. In the
event of the seller's bankruptcy, insolvency or assignment for the
benefit of creditors, or an adverse judgment, the trust funds shall
not be available to any creditor as assets of the seller or to pay
any expenses of any bankruptcy or similar proceeding, but shall be
distributed to the purchasers or managed for their benefit by the
trustee holding the funds. Except in an action by the Comptroller to
revoke a license issued pursuant to this Act and for creation of a
receivership as provided in this Act, the trust shall not be subject
to judgment, execution, garnishment, attachment, or other seizure by
process in bankruptcy or otherwise, nor to sale, pledge, mortgage, or
other alienation, and shall not be assignable except as approved by
the Comptroller. The changes made by this amendatory Act of the 91st
General Assembly are intended to clarify existing law regarding the
inability of licensees to pledge the trust.
(f) Because it is not known at the time of deposit or at the
time that income is earned on the trust account to whom the principal
and the accumulated earnings will be distributed, for purposes of
determining the Illinois Income Tax due on these trust funds, the
principal and any accrued earnings or losses relating to each
individual account shall be held in suspense until the final
determination is made as to whom the account shall be paid.
(Source: P.A. 88-477; 89-615, eff. 8-9-96.)
(815 ILCS 390/16.5 new)
Sec. 16.5. Licensee bankruptcy. In the event of a licensee's
bankruptcy, insolvency, or assignment for the benefit of creditors,
or in the event of the bankruptcy, insolvency, or assignment for the
benefit of creditors of any person, partnership, association,
corporation, or other entity that possesses a controlling interest in
a licensee, the licensee shall provide notice in writing of that
event to each purchaser of a pre-need sales contract or a pre-need
contract within 30 days after the event of bankruptcy, insolvency, or
assignment for the benefit of creditors. At a minimum, the notice
must contain the following:
(1) The name and address of the licensee.
(2) If different from the licensee, the name and address of
the party that is the subject of the bankruptcy, insolvency, or
assignment for the benefit of creditors.
(3) A brief description of the event of bankruptcy,
insolvency, or assignment for the benefit of creditors.
(4) The case name or other identifying title of any matter
pending in any court, federal or State, pertaining to the
bankruptcy, insolvency, or assignment for the benefit of
creditors.
(5) The name and address of the court in which the
bankruptcy, insolvency, or assignment for the benefit of
creditors is pending.
(6) A description of any action the purchaser must
undertake to file a claim or to protect the purchaser's
interests, including the purchaser's right to a refund under this
Act."; and
in Section 10, Sec. 20, by replacing all of subsection (e) with the
following:
"(e) On and after the effective date of this amendatory Act of
the 91st General Assembly, a licensee may report all required
information concerning the sale of outer burial containers on the
licensee's annual report required to be filed under this Act and
shall not be required to report that information under the Illinois
Funeral or Burial Funds Act, as long as the information is reported
under this Act."; and
4590 JOURNAL OF THE [May 14, 1999]
by replacing all of Section 99 with the following:
"Section 99. Effective date. This Act takes effect upon becoming
law, except that the changes to Section 1 of the Funeral or Burial
Funds Act and the changes to Sections 4, 14, 15, and 20 of the
Pre-Need Cemetery Sales Act take effect on January 1, 2000.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2081 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2088
A bill for AN ACT to establish the Illinois Century Network.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2088.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2088 as follows:
on page 1, by replacing lines 13 through 15 with the following:
"high-speed, reliable, and cost-effective digital connections
throughout the State."; and
on page 1, line 19, by replacing "students" with "citizens"; and
on page 1, by replacing lines 20 through 25 with the following:
"Section 10. Illinois Century Network. The Illinois Century
Network shall be a"; and
on page 1, line 27, by deleting "and unhindered"; and
on page 1, line 28, by replacing "and libraries" with "libraries,
museums, research institutions, State agencies, units of local
government, and other local entities that provide services to
Illinois citizens"; and
on page 1, line 30, by replacing "technology" with "networking
schools, colleges, and universities"; and
on page 1, line 30, by replacing "and have" with "maintain"; and
on page 2, by replacing lines 1 through 6 with the following:
"sufficient capacity to meet the requirements of the participating
institutions, and stay current with rapid developments in technology.
The Illinois Century"; and
on page 2, by replacing lines 8 through 11 with the following:
"access to education, training, and electronic information and shall
provide access to networking technologies for"; and
on page 2, immediately below line 13, by inserting the following:
"Section 15. Management of the Illinois Century Network.
Staffing and contractual services necessary to support the network's
activities shall be provided by the Board of Higher Education, the
HOUSE OF REPRESENTATIVES 4591
Illinois Community College Board, the State Board of Education, and
other agencies as necessary or warranted, using funds appropriated to
these agencies for this purpose.
Section 20. Illinois Century Network Policy Committee. The
Illinois Century Network Policy Committee shall set general policies
for the network. The Committee shall consist of representatives from
(i) the Office of the Governor, appointed by the Governor, (ii) the
Board of Higher Education, appointed by the Board of Higher
Education, (iii) the Illinois Community College Board, appointed by
the Illinois Community College Board, (iv) the State Board of
Education, appointed by the State Board of Education, and (v) other
public and private partners as are necessary, appointed by the
Governor.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2088 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2166
A bill for AN ACT to amend the Comprehensive Health Insurance
Plan Act by changing Section 8.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2166.
Senate Amendment No. 2 to HOUSE BILL NO. 2166.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2166 on page 2, line 11, by
replacing "immunizations" with "immunizations ordered by a physician
licensed to practice medicine in all its branches"; and
on page 2, line 13, by replacing "physician's prescription" with
"physician's prescription by a physician licensed to practice
medicine in all its branches".
AMENDMENT NO. 2. Amend House Bill 2166 on page 1, lines 2 and 6,
by changing "Section 8" each time it appears to "Sections 7 and 8";
and
on page 1 by inserting immediately below line 6 the following:
"(215 ILCS 105/7) (from Ch. 73, par. 1307)
Sec. 7. Eligibility.
a. Except as provided in subsection (e) of this Section or in
Section 15 of this Act, any individual person who is either a citizen
of the United States or an alien lawfully admitted for permanent
4592 JOURNAL OF THE [May 14, 1999]
residence and continues to be a resident of this State shall be
eligible for Plan coverage if evidence is provided of:
(1) A notice of rejection or refusal to issue substantially
similar individual health insurance coverage for health reasons
by a health insurance issuer; or
(2) A refusal by a health insurance issuer to issue
individual health insurance coverage except at a rate exceeding
the applicable Plan rate for which the person is responsible.
A rejection or refusal by a group health plan or health insurance
issuer offering only stop-loss or excess of loss insurance or
contracts, agreements, or other arrangements for reinsurance coverage
with respect to the applicant shall not be sufficient evidence under
this subsection.
b. The board shall promulgate a list of medical or health
conditions for which a person who is either a citizen of the United
States or an alien lawfully admitted for permanent residence and a
resident of this State would be eligible for Plan coverage without
applying for health insurance coverage pursuant to subsection a. of
this Section. Persons who can demonstrate the existence or history
of any medical or health conditions on the list promulgated by the
board shall not be required to provide the evidence specified in
subsection a. of this Section. The list shall be effective on the
first day of the operation of the Plan and may be amended from time
to time as appropriate.
c. Family members of the same household who each are covered
persons are eligible for optional family coverage under the Plan.
d. For persons qualifying for coverage in accordance with
Section 7 of this Act, the board shall, if it determines that such
appropriations as are made pursuant to Section 12 of this Act are
insufficient to allow the board to accept all of the eligible persons
which it projects will apply for enrollment under the Plan, limit or
close enrollment to ensure that the Plan is not over-subscribed and
that it has sufficient resources to meet its obligations to existing
enrollees. The board shall not limit or close enrollment for
federally eligible individuals.
e. A person shall not be eligible for coverage under the Plan
if:
(1) He or she has or obtains other coverage under a group
health plan or health insurance coverage substantially similar to
or better than a Plan policy as an insured or covered dependent
or would be eligible to have that coverage if he or she elected
to obtain it. Persons otherwise eligible for Plan coverage may,
however, solely for the purpose of having coverage for a
pre-existing condition, maintain other coverage only while
satisfying any pre-existing condition waiting period under a Plan
policy or a subsequent replacement policy of a Plan policy.
(1.1) His or her prior coverage under a group health plan
or health insurance coverage, provided or arranged by an employer
of more than 10 employees was discontinued for any reason without
the entire group or plan being discontinued and not replaced,
provided he or she remains an employee, or dependent thereof, of
the same employer.
(2) He or she is a recipient of or is approved to receive
medical assistance, except that a person may continue to receive
medical assistance through the medical assistance no grant
program, but only while satisfying the requirements for a
preexisting condition under Section 8, subsection f. of this Act.
Payment of premiums pursuant to this Act shall be allocable to
the person's spenddown for purposes of the medical assistance no
grant program, but that person shall not be eligible for any Plan
benefits while that person remains eligible for medical
HOUSE OF REPRESENTATIVES 4593
assistance. If the person continues to receive or be approved to
receive medical assistance through the medical assistance no
grant program at or after the time that requirements for a
preexisting condition are satisfied, the person shall not be
eligible for coverage under the Plan. In that circumstance,
coverage under the plan shall terminate as of the expiration of
the preexisting condition limitation period. Under all other
circumstances, coverage under the Plan shall automatically
terminate as of the effective date of any medical assistance.
(3) Except as provided in Section 15, the person has
previously participated in the Plan and voluntarily terminated
Plan coverage, unless 12 months have elapsed since the person's
latest voluntary termination of coverage.
(4) The person fails to pay the required premium under the
covered person's terms of enrollment and participation, in which
event the liability of the Plan shall be limited to benefits
incurred under the Plan for the time period for which premiums
had been paid and the covered person remained eligible for Plan
coverage.
(5) The Plan has paid a total of $1,000,000 in benefits on
behalf of the covered person.
(6) The person is a resident of a public institution.
(7) The person's premium is paid for or reimbursed under
any government sponsored program or by any government agency or
health care provider, except as an otherwise qualifying full-time
employee, or dependent of such employee, of a government agency
or health care provider.
(8) The person has or later receives other benefits or
funds from any settlement, judgement, or award resulting from any
accident or injury, regardless of the date of the accident or
injury, or any other circumstances creating a legal liability for
damages due that person by a third party, whether the settlement,
judgment, or award is in the form of a contract, agreement, or
trust on behalf of a minor or otherwise and whether the
settlement, judgment, or award is payable to the person, his or
her dependent, estate, personal representative, or guardian in a
lump sum or over time, so long as there continues to be benefits
or assets remaining from those sources in an amount in excess of
$100,000.
(9) Within the 5 years prior to the date a person's Plan
application is received by the Board, the person's coverage under
any health care benefit program as defined in 18 U.S.C. 24,
including any public or private plan or contract under which any
medical benefit, item, or service is provided, was terminated as
a result of any act or practice that constitutes fraud under
State or federal law or as a result of an intentional
misrepresentation of material fact; or if that person knowingly
and willfully obtained or attempted to obtain, or fraudulently
aided or attempted to aid any other person in obtaining, any
coverage or benefits under the Plan to which that person was not
entitled.
f. The board or the administrator shall require verification of
residency and may require any additional information or
documentation, or statements under oath, when necessary to determine
residency upon initial application and for the entire term of the
policy.
g. Coverage shall cease (i) on the date a person is no longer a
resident of Illinois, (ii) on the date a person requests coverage to
end, (iii) upon the death of the covered person, (iv) on the date
State law requires cancellation of the policy, or (v) at the Plan's
option, 30 days after the Plan makes any inquiry concerning a
4594 JOURNAL OF THE [May 14, 1999]
person's eligibility or place of residence to which the person does
not reply.
h. Except under the conditions set forth in subsection g of this
Section, the coverage of any person who ceases to meet the
eligibility requirements of this Section shall be terminated at the
end of the current policy period for which the necessary premiums
have been paid.
(Source: P.A. 89-486, eff. 6-21-96; 90-30, eff. 7-1-97.)".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2166 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2218
A bill for AN ACT to amend the Northeastern Illinois University
Law by changing Sections 25-15 and 25-25.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2218.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2218 on page 1, lines 27 and
28, by deleting "A student member may serve only for one term.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2218 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2255
A bill for AN ACT to amend the Prevailing Wage Act by changing
Section 2.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
HOUSE OF REPRESENTATIVES 4595
Senate Amendment No. 1 to HOUSE BILL NO. 2255.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2255 on page 1, lines 21
through 23, by replacing ", the Tax Increment Allocation
Redevelopment Act (Article 11, Division 74.4 of the Illinois
Municipal Code)" with ","; and
on page 1, lines 29 and 30, by deleting "or under the Illinois
Enterprise Zone Loan Act"; and
on page 2, line 30 by inserting "and apprenticeship programs approved
by the U.S. Department of Labor, Bureau of Apprenticeship and
Training" after "training".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2255 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2263
A bill for AN ACT to amend the Private Sewage Disposal Licensing
Act by changing Section 10.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2263.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2263, on page 2, line 2, by
replacing "90" with "60".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2263 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
4596 JOURNAL OF THE [May 14, 1999]
HOUSE BILL 2264
A bill for AN ACT to amend the Private Sewage Disposal Licensing
Act by changing Section 4.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2264.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2264, on page 2, line 8, by
replacing "90" with "60".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2264 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2271
A bill for AN ACT to create the Small Employer Health Insurance
Rating Act.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2271.
Senate Amendment No. 2 to HOUSE BILL NO. 2271.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2271 by replacing the title
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.
HOUSE OF REPRESENTATIVES 4597
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
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:
4598 JOURNAL OF THE [May 14, 1999]
(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
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
HOUSE OF REPRESENTATIVES 4599
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
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
4600 JOURNAL OF THE [May 14, 1999]
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 25% of the index rate.
(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
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
HOUSE OF REPRESENTATIVES 4601
(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
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.
4602 JOURNAL OF THE [May 14, 1999]
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.".
AMENDMENT NO. 2. Amend House Bill 2271, AS AMENDED, 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 25 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, 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 Rating Act.
"Class of business" means all or a separate grouping of small
employers established pursuant to Section 20.
"Director" means the Director of Insurance.
"Department" means the Department of Insurance.
"Health benefit plan" or "plan" shall mean any hospital or
medical expense-incurred policy, hospital or medical service 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, specific disease, stop loss 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 mean of the applicable base premium rate and the
HOUSE OF REPRESENTATIVES 4603
corresponding highest premium rate.
"Late enrollee" has the meaning given that term in the Illinois
Health Insurance Portability and Accountability Act.
"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.
"Objective characteristics" means measurable or observable
phenomena. An example of a measurable characteristic would be the
number of employees who were late enrollees. Examples of observable
characteristics would be geographic location of the employer or
gender of the employee.
"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" has the meaning given that term in the Illinois
Health Insurance Portability and Accountability Act.
"Small employer carrier" means a carrier that offers health
benefit plans covering 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 July 1, 2000. For purposes of this Section, the
date a plan is continued shall be the first rating period which
commences after July 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.
Section 20. 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 4 separate
classes of business under subsection (a).
(c) 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 25. 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
4604 JOURNAL OF THE [May 14, 1999]
more than 25% of the index rate.
(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
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
HOUSE OF REPRESENTATIVES 4605
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.
Section 30. 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 May 15, an actuarial certification certifying
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 for a period of three years from the date
of certification. This shall include any work papers prepared in
support of the actuarial certification.
(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 35. Suspension of Rate Requirements. The Director may
suspend all or any part of Section 25 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 viability of the carrier or the suspension would enhance
the efficiency and fairness of the small employer health insurance
marketplace.
Section 40. 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 foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2271 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2283
A bill for AN ACT providing for the State of Illinois to enter
into an agreement with Missouri and Iowa to establish the Mid-America
Port Commission.
4606 JOURNAL OF THE [May 14, 1999]
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2283.
Senate Amendment No. 2 to HOUSE BILL NO. 2283.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2283 on page 3, by replacing
lines 7 through 23 with the following:
"Section 20. Appointment of commissioners; vacancy.
(a) Within 90 days after the effective date of this Act, the
Governor shall appoint one commissioner to the Mid-America Port
Commission created by agreement between Illinois, Missouri, and Iowa.
This commissioner must be appointed from among those members of the
Mid-America Intermodal Authority Port District Board that were
appointed by the Governor.
(b) Within 90 days after the effective date of this Act, the
Mid-America Intermodal Authority Port District Board, from its
members, shall appoint 2 commissioners to the Mid-America Port
Commission.
(c) Commissioners must be members of the Mid-America Intermodal
Authority Port District Board. If a commissioner ceases to be a
member of the Mid-America Intermodal Authority Port District Board,
there shall be vacancy in the office of commissioner.
(d) A vacancy in the office of commissioner shall be filled by
appointment of the Governor, in the case of a vacancy in the office
of commissioner appointed by the Governor, or by the Mid-America
Intermodal Authority Port District Board, in the case of a vacancy in
the office of commissioner appointed by the Mid-America Intermodal
Authority Port District Board."; and
on page 4, by inserting below line 1 the following:
"Section 27. Commissioners; compensation. The commissioners
shall serve without compensation but shall be entitled to be
reimbursed for their necessary expenses incurred in the performance
of their duties.".
AMENDMENT NO. 2. Amend House Bill 2283 on page 2, line 22, by
inserting "Henderson, Warren, Morgan, Mercer," after "Schuyler"; and
on page 2, line 25, by inserting "Any territory that is disconnected
from the Mid-America Intermodal Authority Port District shall cease
to be under the jurisdiction of the Mid-America Port Commission."
after "Commission."; and
on page 4, by replacing lines 12 and 13 with the following:
"Section 900. The Mid-America Intermodal Authority Port District
Act is amended by changing Section 10 and by adding Section 172 as
follows:
(70 ILCS 1832/10)
Sec. 10. Mid-America Intermodal Authority Port District created.
There is created a political subdivision, body politic, and municipal
corporation by the name of the Mid-America Intermodal Authority Port
District embracing all the area within the corporate limits of Adams,
Brown, Cass, Hancock, Pike, Schuyler, Henderson, Warren, Morgan,
Mercer, and Scott Counties. Territory may be annexed to the district
in the manner provided in this Act. The district may sue and be sued
HOUSE OF REPRESENTATIVES 4607
in its corporate name but execution shall not in any case issue
against any property of the district. It may adopt a common seal and
change the same at its pleasure.
(Source: P.A. 90-636, eff. 7-24-98.)
(70 ILCS 1832/172 new)
Sec. 172. Disconnection. The registered voters of a county
included in the District may petition the State Board of Elections
requesting the submission of the question of whether the county
should be disconnected from the District to the electors of the
county. The petition shall be circulated in the manner required by
Section 28-3 of the Election Code and objections thereto and the
manner of their disposition shall be in accordance with Section 28-4
of the Election Code. If a petition is filed with the State Board of
Elections, signed by not less than 5% of the registered voters of the
county, requesting that the question of disconnection be submitted to
the electors of the county, the State Board of Elections must certify
the question to the proper election authority, which must submit the
question at a regular election held at least 78 days after the
petition is filed in accordance with the Election Code.
The question must be submitted in substantially the following
form:
Shall (name of county) be disconnected from the Mid-America
Intermodal Authority Port District?
The votes must be recorded as "Yes" or "No".
If a majority of the electors voting on the question vote in the
affirmative, the county shall be disconnected from the District.
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 2283 was placed on the Calendar on the
order of Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2330
A bill for AN ACT to amend the Counties Code by changing Section
5-25012.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2330.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2330, on page 1 by replacing
line 11 with the following:
"by a board of health consisting of 8 members appointed by"; and
4608 JOURNAL OF THE [May 14, 1999]
on page 1 by replacing lines 18 through 21 with the following:
"successor is appointed. Each board of health which has 8
members, may have one additional member appointed by the president or
chairman of the county board, with the approval of the county board.
The additional member shall first be appointed within 90 days after
the effective date of this Amendatory Act for a term ending July 1,
2002.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2330 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2518
A bill for AN ACT to create the Budget Implementation Act for
Fiscal Year 2000.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2518.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2518 by deleting lines 11 and
12 and inserting in lieu thereof the following:
"Section 99. Effective date. This Act takes effect upon
becoming law.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2518 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2726
A bill for AN ACT to amend the Adoption Act by changing Sections
1, 9, 10, 11, 13, and 14 and by adding Section 13.1.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
HOUSE OF REPRESENTATIVES 4609
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2726.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2726 by replacing the title
with the following:
"AN ACT to amend the Adoption Act by changing Sections 1, 5, 6,
7, 9, 10, 11, 13, and 14, and by adding Section 13.1."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Adoption Act is amended by changing Sections 1,
5, 6, 7, 9, 10, 11, 13, and 14 and by adding Section 13.1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the context
otherwise requires:
A. "Child" means a person under legal age subject to adoption
under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the following
relationships to the child by blood or marriage: parent,
grand-parent, brother, sister, step-parent, step-grandparent,
step-brother, step-sister, uncle, aunt, great-uncle, great-aunt, or
cousin of first degree. A child whose parent has executed a final
irrevocable consent to adoption or a final irrevocable surrender for
purposes of adoption, or whose parent has had his or her parental
rights terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to subsection O
of Section 10.
C. "Agency" for the purpose of this Act means a public child
welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall find to
be unfit to have a child, without regard to the likelihood that the
child will be placed for adoption. The grounds of unfitness are any
one or more of the following:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting where
the evidence suggests that the parent intended to relinquish his
or her parental rights.
(b) Failure to maintain a reasonable degree of interest,
concern or responsibility as to the child's welfare.
(c) Desertion of the child for more than 3 months next
preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated, of
any child residing in the household which resulted in the death
of that child.
(e) Extreme or repeated cruelty to the child.
(f) Two or more findings of physical abuse to any children
under Section 4-8 of the Juvenile Court Act or Section 2-21 of
the Juvenile Court Act of 1987, the most recent of which was
determined by the juvenile court hearing the matter to be
supported by clear and convincing evidence; a criminal conviction
or a finding of not guilty by reason of insanity resulting from
the death of any child by physical child abuse; or a finding of
4610 JOURNAL OF THE [May 14, 1999]
physical child abuse resulting from the death of any child under
Section 4-8 of the Juvenile Court Act or Section 2-21 of the
Juvenile Court Act of 1987.
(g) Failure to protect the child from conditions within his
environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court hearing
the adoption proceeding shall not be bound by any previous
finding, order or judgment affecting or determining the rights of
the parents toward the child sought to be adopted in any other
proceeding except such proceedings terminating parental rights as
shall be had under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved which
can be overcome only by clear and convincing evidence: (1) first
degree murder in violation of paragraph 1 or 2 of subsection (a)
of Section 9-1 of the Criminal Code of 1961 or conviction of
second degree murder in violation of subsection (a) of Section
9-2 of the Criminal Code of 1961 of a parent of the child to be
adopted; (2) first degree murder or second degree murder of any
child in violation of the Criminal Code of 1961; (3) attempt or
conspiracy to commit first degree murder or second degree murder
of any child in violation of the Criminal Code of 1961; (4)
solicitation to commit murder of any child, solicitation to
commit murder of any child for hire, or solicitation to commit
second degree murder of any child in violation of the Criminal
Code of 1961; or (5) aggravated criminal sexual assault in
violation of Section 12-14(b)(1) of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is depraved
if the parent has been criminally convicted of at least 3
felonies under the laws of this State or any other state, or
under federal law, or the criminal laws of any United States
territory; and at least one of these convictions took place
within 5 years of the filing of the petition or motion seeking
termination of parental rights.
There is a rebuttable presumption that a parent is depraved
if that parent has been criminally convicted of either first or
second degree murder of any person as defined in the Criminal
Code of 1961 within 10 years of the filing date of the petition
or motion to terminate parental rights.
(j) Open and notorious adultery or fornication.
(j-1) (Blank).
(k) Habitual drunkenness or addiction to drugs, other than
those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is unfit
under this subsection with respect to any child to which that
parent gives birth where there is a confirmed test result that at
birth the child's blood, urine, or meconium contained any amount
of a controlled substance as defined in subsection (f) of Section
102 of the Illinois Controlled Substances Act or metabolites of
such substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the mother or
the newborn infant; and the biological mother of this child is
the biological mother of at least one other child who was
adjudicated a neglected minor under subsection (c) of Section 2-3
of the Juvenile Court Act of 1987.
(l) Failure to demonstrate a reasonable degree of interest,
concern or responsibility as to the welfare of a new born child
HOUSE OF REPRESENTATIVES 4611
during the first 30 days after its birth.
(m) Failure by a parent to make reasonable efforts to
correct the conditions that were the basis for the removal of the
child from the parent, or to make reasonable progress toward the
return of the child to the parent within 9 months after an
adjudication of neglected or abused minor under Section 2-3 of
the Juvenile Court Act of 1987 or dependent minor under Section
2-4 of that Act. If a service plan has been established as
required under Section 8.2 of the Abused and Neglected Child
Reporting Act to correct the conditions that were the basis for
the removal of the child from the parent and if those services
were available, then, for purposes of this Act, "failure to make
reasonable progress toward the return of the child to the parent"
includes the parent's failure to substantially fulfill his or her
obligations under the service plan and correct the conditions
that brought the child into care within 9 months after the
adjudication under Section 2-3 or 2-4 of the Juvenile Court Act
of 1987.
(m-1) Pursuant to the Juvenile Court Act of 1987, a child
has been in foster care for 15 months out of any 22 month period
which begins on or after the effective date of this amendatory
Act of 1998 unless the child's parent can prove by a
preponderance of the evidence that it is more likely than not
that it will be in the best interests of the child to be returned
to the parent within 6 months of the date on which a petition for
termination of parental rights is filed under the Juvenile Court
Act of 1987. The 15 month time limit is tolled during any period
for which there is a court finding that the appointed custodian
or guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding of no
reasonable efforts is made within 60 days of the period when
reasonable efforts were not made or (ii) the parent filed a
motion requesting a finding of no reasonable efforts within 60
days of the period when reasonable efforts were not made. For
purposes of this subdivision (m-1), the date of entering foster
care is the earlier of: (i) the date of a judicial finding at an
adjudicatory hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which the
child is removed from his or her parent, guardian, or legal
custodian.
(n) Evidence of intent to forgo forego his or her parental
rights, whether or not the child is a ward of the court, (1) as
manifested by his or her failure for a period of 12 months: (i)
to visit the child, (ii) to communicate with the child or agency,
although able to do so and not prevented from doing so by an
agency or by court order, or (iii) to maintain contact with or
plan for the future of the child, although physically able to do
so, or (2) as manifested by the father's failure, where he and
the mother of the child were unmarried to each other at the time
of the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of 1984
or the law of the jurisdiction of the child's birth within 30
days of being informed, pursuant to Section 12a of this Act, that
he is the father or the likely father of the child or, after
being so informed where the child is not yet born, within 30 days
of the child's birth, or (ii) to make a good faith effort to pay
a reasonable amount of the expenses related to the birth of the
child and to provide a reasonable amount for the financial
support of the child, the court to consider in its determination
all relevant circumstances, including the financial condition of
both parents; provided that the ground for termination provided
4612 JOURNAL OF THE [May 14, 1999]
in this subparagraph (n)(2)(ii) shall only be available where the
petition is brought by the mother or the husband of the mother.
Contact or communication by a parent with his or her child
that does not demonstrate affection and concern does not
constitute reasonable contact and planning under subdivision (n).
In the absence of evidence to the contrary, the ability to visit,
communicate, maintain contact, pay expenses and plan for the
future shall be presumed. The subjective intent of the parent,
whether expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to forgo
forego his or her parental rights. In making this determination,
the court may consider but shall not require a showing of
diligent efforts by an authorized agency to encourage the parent
to perform the acts specified in subdivision (n).
It shall be an affirmative defense to any allegation under
paragraph (2) of this subsection that the father's failure was
due to circumstances beyond his control or to impediments created
by the mother or any other person having legal custody. Proof of
that fact need only be by a preponderance of the evidence.
(o) Repeated or continuous failure by the parents, although
physically and financially able, to provide the child with
adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist, licensed
clinical social worker, or clinical psychologist of mental
impairment, mental illness or mental retardation as defined in
Section 1-116 of the Mental Health and Developmental Disabilities
Code, or developmental disability as defined in Section 1-106 of
that Code, and there is sufficient justification to believe that
the inability to discharge parental responsibilities shall extend
beyond a reasonable time period. However, this subdivision (p)
shall not be construed so as to permit a licensed clinical social
worker to conduct any medical diagnosis to determine mental
illness or mental impairment.
(q) The parent has been criminally convicted of aggravated
battery, heinous battery, or attempted murder of any child.
(r) The child is in the temporary custody or guardianship
of the Department of Children and Family Services, the parent is
incarcerated as a result of criminal conviction at the time the
petition or motion for termination of parental rights is filed,
prior to incarceration the parent had little or no contact with
the child or provided little or no support for the child, and the
parent's incarceration will prevent the parent from discharging
his or her parental responsibilities for the child for a period
in excess of 2 years after the filing of the petition or motion
for termination of parental rights.
(s) The child is in the temporary custody or guardianship
of the Department of Children and Family Services, the parent is
incarcerated at the time the petition or motion for termination
of parental rights is filed, the parent has been repeatedly
incarcerated as a result of criminal convictions, and the
parent's repeated incarceration has prevented the parent from
discharging his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in the
newborn infant was the result of medical treatment administered
HOUSE OF REPRESENTATIVES 4613
to the mother or the newborn infant, and that the biological
mother of this child is the biological mother of at least one
other child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of 1987,
after which the biological mother had the opportunity to enroll
in and participate in a clinically appropriate substance abuse
counseling, treatment, and rehabilitation program.
E. "Parent" means the father or mother of a legitimate or
illegitimate child. For the purpose of this Act, a person who has
executed a final and irrevocable consent to adoption or a final and
irrevocable surrender for purposes of adoption, or whose parental
rights have been terminated by a court, is not a parent of the child
who was the subject of the consent or surrender, unless the consent
is void pursuant to subsection O of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter consented;
(b) a child to whose adoption a person authorized by law,
other than his parents, has consented, or to whose adoption no
consent is required pursuant to Section 8 of this Act;
(c) a child who is in the custody of persons who intend to
adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10; or
(d) an adult who meets the conditions set forth in Section
3 of this Act.
A person who would otherwise be available for adoption shall not
be deemed unavailable for adoption solely by reason of his or her
death.
G. The singular includes the plural and the plural includes the
singular and the "male" includes the "female", as the context of this
Act may require.
H. "Adoption disruption" occurs when an adoptive placement does
not prove successful and it becomes necessary for the child to be
removed from placement before the adoption is finalized.
I. "Foreign placing agency" is an agency or individual operating
in a country or territory outside the United States that is
authorized by its country to place children for adoption either
directly with families in the United States or through United States
based international agencies.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the biological
parents.
K. "Intercountry adoption" is a process by which a child from a
country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person of the
Department of Children and Family Services appointed by the Director
to coordinate the provision of services by the public and private
sector to prospective parents of foreign-born children.
M. "Interstate Compact on the Placement of Children" is a law
enacted by most states for the purpose of establishing uniform
procedures for handling the interstate placement of children in
foster homes, adoptive homes, or other child care facilities.
N. "Non-Compact state" means a state that has not enacted the
Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions established by
the laws or regulations of the Federal Government or of each state
that must be met prior to the placement of a child in an adoptive
home.
P. "Abused child" means a child whose parent or immediate family
member, or any person responsible for the child's welfare, or any
4614 JOURNAL OF THE [May 14, 1999]
individual residing in the same home as the child, or a paramour of
the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any bodily
function;
(b) creates a substantial risk of physical injury to the
child by other than accidental means which would be likely to
cause death, disfigurement, impairment of physical or emotional
health, or loss or impairment of any bodily function;
(c) commits or allows to be committed any sex offense
against the child, as sex offenses are defined in the Criminal
Code of 1961 and extending those definitions of sex offenses to
include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or care
denied solely on the basis of the present or anticipated mental or
physical impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise does not provide the
proper or necessary support, education as required by law, or medical
or other remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for the
child's welfare.
A child shall not be considered neglected or abused for the sole
reason that the child's parent or other person responsible for his or
her welfare depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of the Abused and Neglected Child Reporting Act.
R. "Putative father" means a man who may be a child's father,
but who (1) is not married to the child's mother on or before the
date that the child was or is to be born and (2) has not established
paternity of the child in a court proceeding before the filing of a
petition for the adoption of the child. The term includes a male who
is less than 18 years of age. "Putative father" does not mean a man
who is the child's father as a result of criminal sexual abuse or
assault as defined under Article 12 of the Criminal Code of 1961.
S. "Standby adoption" means an adoption in which a terminally
ill parent consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which is
either the death of the terminally ill parent or the request of the
parent for the entry of a final judgment of adoption.
T. "Terminally ill parent" means a person who has a medical
prognosis by a physician licensed to practice medicine in all of its
branches that the person has an incurable and irreversible condition
which will lead to death.
(Source: P.A. 89-235, eff. 8-4-95; 89-704, eff. 8-16-97 (changed from
1-1-98 by P.A. 90-443); 90-13, eff. 6-13-97; 90-15, eff. 6-13-97;
90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28, eff.
1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff. 8-16-97;
90-608, eff. 6-30-98; 90-655, eff. 7-30-98; revised 10-31-98.)
(750 ILCS 50/5) (from Ch. 40, par. 1507)
Sec. 5. Petition, contents, verification, filing.
A. A proceeding to adopt a child, other than a related child,
shall be commenced by the filing of a petition within 30 days after
HOUSE OF REPRESENTATIVES 4615
such child has become available for adoption, provided that such
petition may be filed at a later date by leave of court upon a
showing that the failure to file such petition within such 30 day
period was not due to the petitioners' culpable negligence or their
wilful disregard of the provisions of this Section. In the case of a
child born outside the United States or a territory thereof, if the
prospective adoptive parents of such child have been appointed
guardians of such child by a court of competent jurisdiction in a
country other than the United States or a territory thereof, such
parents shall file a petition as provided in this Section within 30
days after entry of the child into the United States. A petition to
adopt an adult or a related child may be filed at any time. A
petition for adoption may include more than one person sought to be
adopted.
B. A petition to adopt a child other than a related child shall
state:
(a) The full names of the petitioners and, if minors, their
respective ages;
(b) The place of residence of the petitioners and the
length of residence of each in the State of Illinois immediately
preceding the filing of the petition;
(c) When the petitioners acquired, or intend to acquire,
custody of the child, and the name and address of the persons or
agency from whom the child was or will be received;
(d) The name, the place and date of birth if known, and the
sex of the child sought to be adopted;
(e) The relationship, if any, of the child to each
petitioner;
(f) The names, if known, and the place of residence, if
known, of the parents; and whether such parents are minors, or
otherwise under any legal disability. The names and addresses of
the parents shall be omitted and they shall not be made parties
defendant to the petition if (1) the rights of the parents have
been terminated by a court of competent jurisdiction, or (2) if
the child has been surrendered to an agency, or (3) if the parent
or parents have been served with the notice provided in Section
12a of this Act and said parent or parents have filed a
disclaimer of paternity as therein provided or have failed to
file such declaration of paternity or a request for notice as
provided in said Section; .
(g) If it is alleged that the child has no living parent,
then the name of the guardian, if any, of such child and the
court which appointed such guardian;
(h) If it is alleged that the child has no living parent
and that no guardian of such child is known to petitioners, then
the name of a near relative, if known, shall be set forth, or an
allegation that no near relative is known and on due inquiry
cannot be ascertained by petitioners; :
(i) The name to be given the child or adult;
(j) That the person or agency, having authority to consent
under Section 8 of this Act, has consented, or has indicated
willingness to consent, to the adoption of the child by the
petitioners, or that the person having authority to consent is an
unfit person and the ground therefor, or that no consent is
required under paragraph (f) of Section 8 of this Act;
(k) Whatever orders, judgments or decrees have heretofore
been entered by any court affecting (1) adoption or custody of
the child, or (2) the adoptive, custodial or parental rights of
either petitioner, including the prior denial of any petition for
adoption pertaining to such child, or to the petitioners, or
either of them.
4616 JOURNAL OF THE [May 14, 1999]
C. A petition to adopt a related child shall include the
information specified in sub-paragraphs (a), (b), (d), (e), (f), (i)
and (k) of paragraph B and a petition to adopt an adult shall contain
the information required by sub-paragraphs (a), (b) and (i) of
paragraph B in addition to the name, place, date of birth and sex of
such adult.
D. The petition shall be verified by the petitioners.
E. Upon the filing of the petition the petitioners shall furnish
the Clerk of the Court in which the petition is pending such
information not contained in such petition as shall be necessary to
enable the Clerk of such Court to complete a certificate of adoption
as hereinafter provided.
F. A petition for standby adoption shall conform to the
requirements of this Act with respect to petition contents,
verification, and filing. The petition for standby adoption shall
also state the facts concerning the consent of the child's parent to
the standby adoption. A petition for standby adoption shall include
the information in paragraph B if the petitioner seeks to adopt a
child other than a related child. A petition for standby adoption
shall include the information in paragraph C if the petitioner seeks
to adopt a related child or adult.
(Source: P.A. 87-1129; 88-148; revised 10-31-98.)
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days after the
filing of a petition for the adoption or standby adoption of a child
other than a related child, the court shall appoint a child welfare
agency approved by the Department of Children and Family Services or
a probation officer of the court, or in Cook County the Court
Services Division of the Cook County Department of Public Aid, or the
Department of Children and Family Services if the court determines
that no child welfare agency is available or that the petitioner is
financially unable to pay for the investigation, to investigate
accurately, fully and promptly, the allegations contained in the
petition; the character, reputation, health and general standing in
the community of the petitioners; the religious faith of the
petitioners and, if ascertainable, of the child sought to be adopted;
and whether the petitioners are proper persons to adopt the child and
whether the child is a proper subject of adoption. The investigation
required under this Section shall include a criminal background check
with a review of fingerprints by State and federal authorities. The
criminal background check required by this Section shall include a
listing of when, where and by whom the criminal background check was
prepared. The criminal background check required by this Section
shall not be more than two years old.
Neither a clerk of the circuit court nor a judge may require that
a criminal background check or fingerprint review be filed with, or
at the same time as, an initial petition for adoption.
B. Investigation; foreign-born child. In the case of a child
born outside the United States or a territory thereof, in addition to
the investigation required under subsection (A) of this Section, a
post-placement investigation shall be conducted in accordance with
the requirements of the Child Care Act of 1969, the Interstate
Compact on the Placement of Children, and regulations of the foreign
placing agency and the supervising agency.
The requirements of a post-placement investigation shall be
deemed to have been satisfied if a valid final order or judgment of
adoption has been entered by a court of competent jurisdiction in a
country other than the United States or a territory thereof with
respect to such child and the petitioners.
C. Report of investigation. The court shall determine whether
the costs of the investigation shall be charged to the petitioners.
HOUSE OF REPRESENTATIVES 4617
The information obtained as a result of such investigation shall be
presented to the court in a written report. The results of the
criminal background check required under subsection (A) shall be
provided to the court for its review. The court may, in its
discretion, weigh the significance of the results of the criminal
background check against the entirety of the background of the
petitioners. The Court, in its discretion, may accept the report of
the investigation previously made by a licensed child welfare agency,
if made within one year prior to the entry of the judgment. Such
report shall be treated as confidential and withheld from inspection
unless findings adverse to the petitioners or to the child sought to
be adopted are contained therein, and in that event the court shall
inform the petitioners of the relevant portions pertaining to the
adverse findings. In no event shall any facts set forth in the report
be considered at the hearing of the proceeding, unless established by
competent evidence. The report shall be filed with the record of the
proceeding. If the file relating to the proceeding is not impounded,
the report shall be impounded by the clerk of the court and shall be
made available for inspection only upon order of the court.
D. Related adoption. Such investigation shall not be made when
the petition seeks to adopt a related child or an adult unless the
court, in its discretion, shall so order. In such an event the court
may appoint a person deemed competent by the court.
(Source: P.A. 87-1129; 88-148.)
(750 ILCS 50/7) (from Ch. 40, par. 1509)
Sec. 7. Process.
A. All persons named in the petition for adoption or standby
adoption, other than the petitioners and any party who has previously
either denied being a parent pursuant to Section 12a of this Act or
whose rights have been terminated pursuant to Section 12a of this
Act, but including the person sought to be adopted, shall be made
parties defendant by name, and if the name or names of any such
persons are alleged in the petition to be unknown such persons shall
be made parties defendant under the name and style of "All whom it
may concern". In all such actions petitioner or his attorney shall
file, at the office of the clerk of the court in which the action is
pending, an affidavit showing that the defendant resides or has gone
out of this State, or on due inquiry cannot be found, or is concealed
within this State, so that process cannot be served upon him, and
stating the place of residence of the defendant, if known, or that
upon diligent inquiry his place of residence cannot be ascertained,
the clerk shall cause publication to be made in some newspaper
published in the county in which the action is pending. If there is
no newspaper published in that county, then the publication shall be
in a newspaper published in an adjoining county in this State, having
a circulation in the county in which such action is pending. In the
event there is service on any of the parties by publication, the
publication shall contain notice of pendency of the action, the name
of the person to be adopted and the name of the parties to be served
by publication, and the date on or after which default may be entered
against such parties. Neither the name of petitioners nor the name of
any party who has either surrendered said child, has given their
consent to the adoption of the child, or whose parental rights have
been terminated by a court of competent jurisdiction shall be
included in the notice of publication. The Clerk shall also, within
ten (10) days of the first publication of the notice, send a copy
thereof by mail, addressed to each defendant whose place of residence
is stated in such affidavit. The certificate of the Clerk that he
sent the copies pursuant to this section is evidence that he has done
so. Except as provided in this section pertaining to service by
publication, all parties defendant shall be notified of the
4618 JOURNAL OF THE [May 14, 1999]
proceedings in the same manner as is now or may hereafter be required
in other civil cases or proceedings. Any party defendant who is of
age of 14 years or upward may waive service of process by entering an
appearance in writing. The form to be used for publication shall be
substantially as follows: "ADOPTION NOTICE - STATE OF ILLINOIS,
County of ...., ss. - Circuit Court of .... County. In the matter of
the Petition for the Adoption of ...., a ..male child. Adoption No.
..... To-- .... (whom it may concern or the named parent) Take notice
that a petition was filed in the Circuit Court of .... County,
Illinois, for the adoption of a child named ..... Now, therefore,
unless you ...., and all whom it may concern, file your answer to the
Petition in the action or otherwise file your appearance therein, in
the said Circuit Court of ...., County, Room ...., ...., in the City
of ...., Illinois, on or before the .... day of ...., a default may
be entered against you at any time after that day and a judgment
entered in accordance with the prayer of said Petition. Dated, ....,
Illinois, .... ...., Clerk. (Name and address of attorney for
petitioners.)
B. A minor defendant who has been served in accordance with this
Section may be defaulted in the same manner as any other defendant.
C. Notwithstanding any inconsistent provision of this or any
other law, and in addition to the notice requirements of any law
pertaining to persons other than those specified in this subsection,
the persons entitled to notice that a petition has been filed under
Section 5 of this Act shall include:
(a) any person adjudicated by a court in this State to be
the father of the child;
(b) any person adjudicated by a court of another state or
territory of the United States to be the father of the child,
when a certified copy of the court order has been filed with the
Putative Father Registry under Section 12.1 of this Act;
(c) any person who at the time of the filing of the
petition is registered in the Putative Father Registry under
Section 12.1 of this Act as the putative father of the child;
(d) any person who is recorded on the child's birth
certificate as the child's father;
(e) any person who is openly living with the child or the
child's mother at the time the proceeding is initiated and who is
holding himself out to be the child's father;
(f) any person who has been identified as the child's
father by the mother in a written, sworn statement, including an
Affidavit of Identification as specified under Section 11 of this
Act;
(g) any person who was married to the child's mother on the
date of the child's birth or within 300 days prior to the child's
birth.
The sole purpose of notice under this Section shall be to enable
the person receiving notice to appear in the adoption proceedings to
present evidence to the court relevant to the best interests of the
child.
(Source: P.A. 89-315, eff. 1-1-96.)
(750 ILCS 50/9) (from Ch. 40, par. 1511)
Sec. 9. Time for taking a consent or surrender.
A. A consent or a surrender taken not less than 72 hours after
the birth of the child is irrevocable except as provided in Section
11 of this Act.
B. No consent or surrender shall be taken within the 72 hour
period immediately following the birth of the child.
C. A consent or a surrender may be taken from the father prior
to the birth of the child. Such consent or surrender shall be revoked
if, within 72 hours after the birth of the child, the father who gave
HOUSE OF REPRESENTATIVES 4619
such consent or surrender, notifies in writing the person, agency or
court representative who took the surrender or consent or any
individual representing or connected with such person, agency or
court representative of the revocation of the consent or surrender.
D. Any consent or surrender taken in accordance with paragraph C
above which is not revoked within 72 hours after the birth of the
child is irrevocable except as provided in Section 11 of this Act.
E. Consent may be given to a standby adoption by a terminally ill
parent whose consent is required pursuant to Section 8 of this Act to
become effective when the terminally ill parent of the child dies or
that parent requests that the final judgment of adoption be entered.
(Source: P.A. 78-854.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof.
A. The form of consent required for the adoption of a born child
shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative, guardian)
of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive
service of summons on me.
That I do hereby consent and agree to the adoption of such child.
That I wish to and understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand such child will be placed for adoption and that
I cannot under any circumstances, after signing this document, change
my mind and revoke or cancel this consent or obtain or recover
custody or any other rights over such child. That I have read and
understand the above and I am signing it as my free and voluntary
act.
Dated (insert date).
this .... day of ...., 19....
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate consent.
B. The form of consent required for the adoption of an unborn
child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or about
.... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of such child,
and that I have not previously executed a consent or surrender with
respect to such child.
That I wish to and do understand that by signing this consent I
do irrevocably and permanently give up all custody and other parental
rights I have to such child, except that I have the right to revoke
this consent by giving written notice of my revocation not later than
72 hours after the birth of the child.
That I understand such child will be placed for adoption and
that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind and revoke
4620 JOURNAL OF THE [May 14, 1999]
or cancel this consent or obtain or recover custody or any other
rights over such child.
That I have read and understand the above and I am signing it as
my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
B-5. (1) The parent of a child may execute a consent to standby
adoption by a specified person or persons. A consent under this
subsection B-5 shall be acknowledged by a parent pursuant to
subsection H and subsection K of this Section. The form of consent
required for the standby adoption of a born child effective at a
future date when the terminally ill parent of the child dies or
requests that a final judgment of adoption be entered shall be
substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father) of ...., a ..male
child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and waive
service of summons on me in this action only.
That I do hereby consent and agree to the standby adoption of the
child, and that I have not previously executed a consent or surrender
with respect to the child.
That (I am terminally ill) (the child's other parent is
terminally ill).
That I wish to and understand that by signing this consent I do
irrevocably and permanently give up all custody and other parental
rights I have to the child, effective upon (my death) (the child's
other parent's death) or upon (my) (the terminally ill parent's)
request for the entry of a final judgment for adoption if .....
(specified person or persons) adopt my child.
That I understand that until (I die) (the child's other parent
dies), I retain all legal rights and obligations concerning the
child, but at that time, I irrevocably give all custody and other
parental rights to .... (specified person or persons).
I understand my child will be adopted by ....... (specified
person or persons) only and that I cannot, under any circumstances,
after signing this document, change my mind and revoke or cancel this
consent or obtain or recover custody or any other rights over my
child if ..... (specified person or persons) adopt my child.
I understand that this consent to standby adoption is valid only
if the petition for standby adoption is filed and that if .......
(specified person or persons), for any reason, cannot or will not
file a petition for standby adoption or if his, her, or their
petition for standby adoption is denied, then this consent is void.
I have the right to notice of any other proceeding that could affect
my parental rights.
That I have read and understand the above and I am signing it as
my free and voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate consent. A
separate consent shall be executed for each child.
(2) If the parent consents to a standby adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
If .... (specified persons) obtain a judgment of dissolution of
HOUSE OF REPRESENTATIVES 4621
marriage before the judgment for adoption is entered, then .....
(specified person) shall adopt my child. I understand that I cannot
change my mind and revoke this consent or obtain or recover custody
of my child if ..... (specified persons) obtain a judgment of
dissolution of marriage and ..... (specified person) adopts my child.
I understand that I cannot change my mind and revoke this consent if
...... (specified persons) obtain a judgment of dissolution of
marriage before the adoption is final. I understand that this
consent to adoption has no effect on who will get custody of my child
if ..... (specified persons) obtain a judgment of dissolution of
marriage after the adoption is final. I understand that if either
..... (specified persons) dies before the petition to adopt my child
is granted, then the surviving person may adopt my child. I
understand that I cannot change my mind and revoke this consent or
obtain or recover custody of my child if the surviving person adopts
my child.
A consent to standby adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of Marriage
Act if the marriage of the specified persons is dissolved before the
adoption is final.
(3) The form of the certificate of acknowledgement for a Final
and Irrevocable Consent for Standby Adoption shall be substantially
as follows:
STATE OF .....) ) SS. COUNTY OF ....)
I, ....... (name of Judge or other person) ..... (official title,
name, and address), certify that ......., personally known to me to
be the same person whose name is subscribed to the foregoing Final
and Irrevocable Consent to Standby Adoption, appeared before me this
day in person and acknowledged that (she) (he) signed and delivered
the consent as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is valid
only if the petition to adopt is filed, and that if the specified
person or persons, for any reason, cannot or will not adopt the child
or if the adoption petition is denied, then this consent will be
void. I have fully explained that if the specified person or persons
adopt the child, by signing this consent (she) (he) is irrevocably
and permanently relinquishing all parental rights to the child, and
(she) (he) has stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature..............................
(4) If a consent to standby adoption is executed in this form,
the consent shall be valid only if the specified person or persons
adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a petition for
standby adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to revoke the
consent if the standby adoption by the specified person or persons
does not occur, notwithstanding the provisions of Section 11 of this
Act.
C. The form of surrender to any agency given by a parent of a
born child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION
I, .... (relationship, e.g., mother, father, relative, guardian)
of ...., a ..male child, state:
That such child was born on ...., at .....
4622 JOURNAL OF THE [May 14, 1999]
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and
control of such child to the .... (the "Agency"), a (public)
(licensed) child welfare agency with its principal office in the City
of ...., County of .... and State of ...., for the purpose of
enabling it to care for and supervise the care of such child, to
place such child for adoption and to consent to the legal adoption of
such child.
That I hereby grant to the Agency full power and authority to
place such child with any person or persons it may in its sole
discretion select to become the adopting parent or parents and to
consent to the legal adoption of such child by such person or
persons; and to take any and all measures which, in the judgment of
the Agency, may be for the best interests of such child, including
authorizing medical, surgical and dental care and treatment including
inoculation and anaesthesia for such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it as
my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
D. The form of surrender to an agency given by a parent of an
unborn child who is to be subsequently placed for adoption shall be
substantially as follows and shall contain such other facts and
statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or about
.... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody and
control of such child to the .... (the "Agency"), a (public)
(licensed) child welfare agency with its principal office in the City
of ...., County of .... and State of ...., for the purpose of
enabling it to care for and supervise the care of such child, to
place such child for adoption and to consent to the legal adoption of
such child, and that I have not previously executed a consent or
surrender with respect to such child.
That I hereby grant to the Agency full power and authority to
place such child with any person or persons it may in its sole
discretion select to become the adopting parent or parents and to
consent to the legal adoption of such child by such person or
persons; and to take any and all measures which, in the judgment of
the Agency, may be for the best interests of such child, including
authorizing medical, surgical and dental care and treatment,
including inoculation and anaesthesia for such child.
That I wish to and understand that by signing this surrender I do
irrevocably and permanently give up all custody and other parental
rights I have to such child.
That I understand I cannot under any circumstances, after signing
this surrender, change my mind and revoke or cancel this surrender or
obtain or recover custody or any other rights over such child, except
that I have the right to revoke this surrender by giving written
HOUSE OF REPRESENTATIVES 4623
notice of my revocation not later than 72 hours after the birth of
such child.
That I have read and understand the above and I am signing it as
my free and voluntary act.
Dated (insert date). this .... day of ...., 19...
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such consent,
shall be substantially as follows:
CONSENT
I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of such adult
by .... and .....
Dated (insert date). this .... day of .......... 19
.........................
F. The form of consent required for the adoption of a child of
the age of 14 years or upwards, or of an adult, to be given by such
person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of ..... That I
am of the age of .... years. That I consent and agree to my adoption
by .... and .....
Dated (insert date). this .... day of ......., 19...
........................
G. The form of consent given by an agency to the adoption by
specified persons of a child previously surrendered to it shall set
forth that the agency has the authority to execute such consent. The
form of consent given by a guardian of the person of a child sought
to be adopted, appointed by a court of competent jurisdiction, shall
set forth the facts of such appointment and the authority of the
guardian to execute such consent.
H. A consent (other than that given by an agency, or guardian of
the person of the child sought to be adopted appointed by a court of
competent jurisdiction) shall be acknowledged by a parent before the
presiding judge of the court in which the petition for adoption has
been, or is to be filed or before any other judge or hearing officer
designated or subsequently approved by the court, or the circuit
clerk if so authorized by the presiding judge or, except as otherwise
provided in this Act, before a representative of the Department of
Children and Family Services or a licensed child welfare agency, or
before social service personnel under the jurisdiction of a court of
competent jurisdiction, or before social service personnel of the
Cook County Department of Supportive Services designated by the
presiding judge.
I. A surrender, or any other document equivalent to a surrender,
by which a child is surrendered to an agency shall be acknowledged by
the person signing such surrender, or other document, before a judge
or hearing officer or the clerk of any court of record, either in
this State or any other state of the United States, or before a
representative of an agency or before any other person designated or
approved by the presiding judge of the court in which the petition
for adoption has been, or is to be, filed.
J. The form of the certificate of acknowledgment for a consent,
a surrender, or any other document equivalent to a surrender, shall
be substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official title,
4624 JOURNAL OF THE [May 14, 1999]
name and location of court or status or position of other person),
certify that ...., personally known to me to be the same person whose
name is subscribed to the foregoing (consent) (surrender), appeared
before me this day in person and acknowledged that (she) (he) signed
and delivered such (consent) (surrender) as (her) (his) free and
voluntary act, for the specified purpose.
I have fully explained that by signing such (consent) (surrender)
(she) (he) is irrevocably relinquishing all parental rights to such
child or adult and (she) (he) has stated that such is (her) (his)
intention and desire.
Dated (insert date). 19
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk of a
court of record, such other person shall have his signature on the
certificate acknowledged before a notary public, in form
substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in the State
of ......, certify that ...., personally known to me to be the same
person whose name is subscribed to the foregoing certificate of
acknowledgment, appeared before me in person and acknowledged that
(she) (he) signed such certificate as (her) (his) free and voluntary
act and that the statements made in the certificate are true.
Dated (insert date). ......... 19...
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or other
comparable proof of office of the notary public satisfactory to the
court, to a consent signed and acknowledged in another state.
L. A surrender or consent executed and acknowledged outside of
this State, either in accordance with the law of this State or in
accordance with the law of the place where executed, is valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged or
affirmed in a manner conformable to the law and procedure of such
country.
N. If the person signing a consent or surrender is in the
military service of the United States, the execution of such consent
or surrender may be acknowledged before a commissioned officer and
the signature of such officer on such certificate shall be verified
or acknowledged before a notary public or by such other procedure as
is then in effect for such division or branch of the armed forces.
O. (1) The parent or parents of a child in whose interests a
petition under Section 2-13 of the Juvenile Court Act of 1987 is
pending may, with the approval of the designated representative of
the Department of Children and Family Services, execute a consent to
adoption by a specified person or persons:
(a) in whose physical custody the child has resided for at
least one year; or
(b) in whose physical custody at least one sibling of the
child who is the subject of this consent has resided for at least
one year, and the child who is the subject of this consent is
currently residing in this foster home; or
(c) in whose physical custody a child under one year of age
has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section.
(2) The consent to adoption by a specified person or persons
HOUSE OF REPRESENTATIVES 4625
shall have the caption of the proceeding in which it is to be filed
and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the ..................
(mother or father) of a ....male child, state:
1. My child ............................ (name of child)
was born on (insert date) ............, ...... at
.................... Hospital in ................ County, State
of ...............
2. I reside at ......................, County of
............. and State of ..............
3. I, ..........................., am .... years old.
4. I enter my appearance in this action to adopt my child
by the person or persons specified herein by me and waive service
of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or persons) only.
6. I wish to sign this consent and I understand that by
signing this consent I irrevocably and permanently give up all
parental rights I have to my child if my child is adopted by
............................. (specified person or persons).
7. I understand my child will be adopted by
............................. (specified person or persons) only
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over my child if
............................ (specified person or persons) adopt
my child.
8. I understand that this consent to adoption is valid only
if the petition to adopt is filed within one year from the date
that I sign it and that if ....................... (specified
person or persons), for any reason, cannot or will not file a
petition to adopt my child within that one year period or if
their adoption petition is denied, then this consent will be
void. I have the right to notice of any other proceeding that
could affect my parental rights, except for the proceeding for
............. (specified person or persons) to adopt my child.
9. I have read and understand the above and I am signing it
as my free and voluntary act.
Dated (insert date). this ..... day of ....., .......
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
10. If ............... (specified persons) get a divorce
before the petition to adopt my child is granted, then ..........
(specified person) shall adopt my child. I understand that I
cannot change my mind and revoke this consent or obtain or
recover custody over my child if ............. (specified
persons) divorce and ............. (specified person) adopts my
child. I understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the adoption
is final. I understand that this consent to adoption has no
effect on who will get custody of my child if they divorce after
the adoption is final.
11. I understand that if either ............... (specified
persons) dies before the petition to adopt my child is granted,
then the surviving person can adopt my child. I understand that
4626 JOURNAL OF THE [May 14, 1999]
I cannot change my mind and revoke this consent or obtain or
recover custody over my child if the surviving person adopts my
child.
A consent to adoption by specified persons on this form shall
have no effect on a court's determination of custody or visitation
under the Illinois Marriage and Dissolution of Marriage Act if the
marriage of the specified persons is dissolved after the adoption is
final.
(4) The form of the certificate of acknowledgement for a Final
and Irrevocable Consent for Adoption by a Specified Person or Persons
shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)
I, .................... (Name of Judge or other person),
..................... (official title, name, and address), certify
that ............., personally known to me to be the same person
whose name is subscribed to the foregoing Final and Irrevocable
Consent for Adoption by a Specified Person or Persons, appeared
before me this day in person and acknowledged that (she)(he) signed
and delivered the consent as (her)(his) free and voluntary act, for
the specified purpose.
I have fully explained that this consent to adoption is valid
only if the petition to adopt is filed within one year from the date
that it is signed, and that if the specified person or persons, for
any reason, cannot or will not adopt the child or if the adoption
petition is denied, then this consent will be void. I have fully
explained that if the specified person or persons adopt the child, by
signing this consent (she)(he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she)(he) has
stated that such is (her)(his) intention and desire.
Dated (insert date). ............., ........
...............................
Signature
(5) If a consent to adoption by a specified person or persons is
executed in this form, the following provisions shall apply. The
consent shall be valid only if that specified person or persons adopt
the child. The consent shall be void if:
(a) the specified person or persons do not file a petition
to adopt the child within one year after the consent is signed;
or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified person
or persons will not or cannot complete the adoption, or in the
best interests of the child should not adopt the child.
Within 30 days of the consent becoming void, the Department of
Children and Family Services Guardianship Administrator shall make
good faith attempts to notify the parent in writing and shall give
written notice to the court and all additional parties in writing
that the adoption has not occurred or will not occur and that the
consent is void. If the adoption by a specified person or persons
does not occur, no proceeding for termination of parental rights
shall be brought unless the biological parent who executed the
consent to adoption by a specified person or persons has been
notified of the proceeding pursuant to Section 7 of this Act or
subsection (4) of Section 2-13 of the Juvenile Court Act of 1987.
The parent shall not need to take further action to revoke the
consent if the specified adoption does not occur, notwithstanding the
provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is authorized
HOUSE OF REPRESENTATIVES 4627
to promulgate rules necessary to implement this subsection O.
(7) The Department shall collect and maintain data concerning
the efficacy of specific consents. This data shall include the
number of specific consents executed and their outcomes, including
but not limited to the number of children adopted pursuant to the
consents, the number of children for whom adoptions are not
completed, and the reason or reasons why the adoptions are not
completed.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
90-443); 90-608, eff. 6-30-98; 90-655, eff. 7-30-98; revised
10-20-98.)
(750 ILCS 50/11) (from Ch. 40, par. 1513)
Sec. 11. Consents, surrenders, irrevocability.
(a) A consent to adoption or standby adoption by a parent,
including a minor, executed and acknowledged in accordance with the
provisions of Section 8 of this Act, or a surrender of a child by a
parent, including a minor, to an agency for the purpose of adoption
shall be irrevocable unless it shall have been obtained by fraud or
duress on the part of the person before whom such consent, surrender,
or other document equivalent to a surrender is acknowledged pursuant
to the provisions of Section 10 of this Act or on the part of the
adopting parents or their agents and a court of competent
jurisdiction shall so find. No action to void or revoke a consent to
or surrender for adoption, including an action based on fraud or
duress, may be commenced after 12 months from the date the consent or
surrender was executed. The consent or surrender of a parent who is
a minor shall not be voidable because of such minority.
(b) The petitioners in an adoption proceeding are entitled to
rely upon a sworn statement of the biological mother of the child to
be adopted identifying the father of her child. The affidavit shall
be conclusive evidence as to the biological mother regarding the
facts stated therein, and shall create a rebuttable presumption of
truth as to the biological father only. Except as provided in
Section 11 of this Act, the biological mother of the child shall be
permanently barred from attacking the proceeding thereafter. The
biological mother shall execute such affidavit in writing and under
oath. The affidavit shall be executed by the biological mother
before or at the time of execution of the consent or surrender, and
shall be retained by the court and be a part of the Court's files.
The form of affidavit shall be substantially as follows:
AFFIDAVIT OF IDENTIFICATION
I, ................., the mother of a (male or female) child,
state under oath or affirm as follows:
(1) That the child was born, or is expected to be born, on
(insert date), the ... day of ..........., 199.., at
......................., in the State of ...................
(2) That I reside at .................., in the City or Village
of ..........., State of ...................
(3) That I am of the age of ....... years.
(4) That I acknowledge that I have been asked to identify the
father of my child.
(5) (CHECK ONE)
.... I know and am identifying the biological father.
.... I do not know the identity of the biological father.
.... I am unwilling to identify the biological father.
(6A) If I know and am identifying the father:
That the name of the biological father is ....................;
his last known home address is ............; his last known work
address is ....................; and he is ..... years of age; or he
is deceased, having died on (insert date) the ...... day of
............, 19...., at .............., in the State of
4628 JOURNAL OF THE [May 14, 1999]
..................
(6B) If I do not know the identity of the biological father:
I do not know who the biological father is; the following is an
explanation of why I am unable to identify him:
.....................................................................
.....................................................................
.....................................................................
(6C) If I am unwilling to identify the biological father:
I do not wish to name the biological father of the child for the
following reasons:
.....................................................................
.....................................................................
.....................................................................
(7) The physical description of the biological father is: ......
.....................................................................
.....................................................................
(8) I reaffirm that the information contained in paragraphs 5,
6, and 7, inclusive, is true and correct.
(9) I have been informed and understand that if I am unwilling,
refuse to identify, or misidentify the biological father of the
child, absent fraud or duress, I am permanently barred from attacking
the proceedings for the adoption of the child at any time after I
sign a final and irrevocable consent to adoption or surrender for
purposes of adoption.
(10) I have read this Affidavit and have had the opportunity to
review and question it; it was explained to me by
............................; and I am signing it as my free and
voluntary act and understand the contents and the results of signing
it.
Dated (insert date). this... day of ..................., 199...
...................................
Signature
Under penalties as provided by law under Section 1-109 of the
Code of Civil Procedure, the undersigned certifies that the
statements set forth in this Affidavit are true and correct.
...................................
Signature
(Source: P.A. 88-550, eff. 7-3-94; 89-315, eff. 1-1-96; revised
10-20-98.)
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the filing
of a petition for adoption the court shall hold a hearing for the
following purposes:
A. In other than an adoption of a related child or an adoption
through an agency, or of an adult:
(a) To determine the validity of the consent, provided that
the execution of a consent pursuant to this Act shall be prima
facie evidence of its validity, and provided that the validity of
a consent shall not be affected by the omission therefrom of the
names of the petitioners or adopting parents at the time the
consent is executed or acknowledged, and further provided that
the execution of a consent prior to the filing of a petition for
adoption shall not affect its validity.
(b) To determine whether there is available suitable
temporary custodial care for a child sought to be adopted.
B. In all cases except standby adoptions:
(a) The court shall appoint some licensed attorney other
than the State's attorney acting in his or her official capacity
as guardian ad litem to represent a child sought to be adopted.
Such guardian ad litem shall have power to consent to the
adoption of the child, if such consent is required.
HOUSE OF REPRESENTATIVES 4629
(b) The court shall appoint a guardian ad litem for all
named minors or defendants who are persons under legal
disability, if any.
(c) If the petition alleges a person to be unfit pursuant
to the provisions of subparagraph (p) of paragraph D of Section 1
of this Act, such person shall be represented by counsel. If
such person is indigent or an appearance has not been entered on
his behalf at the time the matter is set for hearing, the court
shall appoint as counsel for him either the Guardianship and
Advocacy Commission, the public defender, or, only if no attorney
from the Guardianship and Advocacy Commission or the public
defender is available, an attorney licensed to practice law in
this State.
(d) If it is proved to the satisfaction of the court, after
such investigation as the court deems necessary, that termination
of parental rights and temporary commitment of the child to an
agency or to a person deemed competent by the court, including
petitioners, will be for the welfare of the child, the court may
order the child to be so committed and may terminate the parental
rights of the parents and declare the child a ward of the court
or, if it is not so proved, the court may enter such other order
as it shall deem necessary and advisable.
(e) Before an interim custody order is granted under this
Section, service of summons shall be had upon the parent or
parents whose rights have not been terminated, except as provided
in subsection (f). Reasonable notice and opportunity to be heard
shall be given to the parent or parents after service of summons
when the address of the parent or parents is available. The
party seeking an interim custody order shall make all reasonable
efforts to locate the parent or parents of the child or children
they are seeking to adopt and to notify the parent or parents of
the party's request for an interim custody order pursuant to this
Section.
(f) An interim custody order may be granted without notice
upon presentation to the court of a written petition, accompanied
by an affidavit, stating that there is an immediate danger to the
child and that irreparable harm will result to the child if
notice is given to the parent or parents or legal guardian. Upon
making a finding that there is an immediate danger to the child
if service of process is had upon and notice of hearing is given
to the parent or parents or legal guardian prior to the entry of
an order granting temporary custody to someone other than a
parent or legal guardian, the court may enter an order of
temporary custody which shall expire not more than 10 days after
its entry. Every ex parte custody order granted without notice
shall state the injury which the court sought to avoid by
granting the order, the irreparable injury that would have
occurred had notice been given, and the reason the order was
granted without notice. The matter shall be set down for full
hearing before the expiration of the ex parte order and will be
heard after service of summons is had upon and notice of hearing
is given to the parent or parents or legal guardian. At the
hearing the burden of proof shall be upon the party seeking to
extend the interim custody order to show that the order was
properly granted without notice and that custody should remain
with the party seeking to adopt during the pendency of the
adoption proceeding. If the interim custody order is extended,
the reasons for granting the extension shall be stated in the
order.
C. In the case of a child born outside the United States or a
territory thereof, if the petitioners have previously been appointed
4630 JOURNAL OF THE [May 14, 1999]
guardians of such child by a court of competent jurisdiction in a
country other than the United States or a territory thereof, the
court may order that the petitioners continue as guardians of such
child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other than the
State's Attorney acting in his or her official capacity as guardian
ad litem to represent a child sought to be adopted. The guardian ad
litem shall have power to consent to the adoption of the child, if
consent is required.
(b) The court shall appoint a guardian ad litem for all named
minors or defendants who are persons under legal disability, if any.
(c) The court lacks jurisdiction to proceed on the petition for
standby adoption if the child has a living parent, adoptive parent,
or adjudicated parent whose rights have not been terminated and whose
whereabouts are known, unless the parent consents to the standby
adoption or, after receiving notice of the hearing on the standby
adoption petition, fails to object to the appointment of a standby
adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the welfare of the
child and shall determine whether the petitioner or petitioners shall
be permitted to adopt.
(Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97; 90-14, eff.
7-1-97; 90-349, eff. 1-1-98.)
(750 ILCS 50/13.1 new)
Sec. 13.1. Order for standby adoption.
(a) If it is proved to the satisfaction of the court, after such
investigation as the court deems necessary, that the child's parent
consents to or fails to object to the standby adoption and adoption
by the petitioner will be for the welfare of the child, the court may
enter an order for standby adoption. However, the consenting
terminally ill parent's parental rights may not be terminated until
consent becomes effective.
(b) The order for standby adoption shall be final as to all
findings and shall be followed in the judgment of adoption unless the
court finds by clear and convincing evidence that it is no longer in
the best interest of the child for the adoption to be finalized.
(c) Once the standby adoptive parent receives knowledge of the
death of the terminally ill parent, or the terminally ill parent
requests that a final judgment for adoption be entered, the standby
adoptive parent shall have 60 days to apply for a judgment for
adoption.
(750 ILCS 50/14) (from Ch. 40, par. 1517)
Sec. 14. Judgment.
(a) Prior to the entry of the judgment for order of adoption in
any case other than an adoption of a related child or of an adult,
each petitioner and each person, agency, association, corporation,
institution, society or organization involved in the adoption of the
child, except a child welfare agency, shall execute an affidavit
setting forth the hospital and medical costs, legal fees, counseling
fees, and any other fees or expenditures paid in accordance with the
Adoption Compensation Prohibition Act.
(b) Before the entry of the judgment for adoption, each child
welfare agency involved in the adoption of the child shall file an
affidavit concerning the costs, expenses, contributions, fees,
compensation, or other things of value which have been given,
promised, or received including but not limited to hospital and
medical costs, legal fees, social services, living expenses, or any
other expenses related to the adoption paid in accordance with the
Adoption Compensation Prohibition Act.
If the total amount paid by the child welfare agency is $4,500 or
HOUSE OF REPRESENTATIVES 4631
more, the affidavit shall contain an itemization of expenditures.
If the total amount paid by the child welfare agency is less than
$4,500, the agency may file an unitemized affidavit stating that the
total amount paid is less than $4,500 unless the court, in its
discretion, requires that agency to file an itemized affidavit.
(c) No affidavit need be filed in the case of an adoption of a
related child or an adult, nor shall an affidavit be required to be
filed by a non-consenting parent, or by any judge, or clerk, involved
in an official capacity in the adoption proceedings.
(d) All affidavits filed in accordance with this Section shall
be under penalty of perjury and shall include, but are not limited
to, hospital and medical costs, legal fees, social services, living
expenses or any other expenses related to the adoption or to the
placement of the child, whether or not the payments are permitted by
applicable laws.
(e) Upon the expiration of 6 months after the date of any
interim order vesting temporary care, custody and control of a child,
other than a related child, in the petitioners, entered pursuant to
this Act, the petitioners may apply to the court for a judgment of
adoption. Notice of such application shall be served by the
petitioners upon the investigating agency or the person making such
investigation, and the guardian ad litem. After the hearing on such
application, at which the petitioners and the child shall appear in
person, unless their presence is waived by the court for good cause
shown, the court may enter a judgment for adoption, provided the
court is satisfied from the report of the investigating agency or the
person making the investigation, and from the evidence, if any,
introduced, that the adoption is for the welfare of the child and
that there is a valid consent, or that no consent is required as
provided in Section 8 of this Act.
(f) A judgment for adoption of a related child, an adult, or a
child as to whose adoption an agency or person authorized by law has
the right of authority to consent may be entered at any time after
service of process and after the return day designated therein.
(f-5) A standby adoption judgment may be entered upon notice of
the death of the terminally ill parent or upon the terminally ill
parent's request that a final judgment for adoption be entered. The
notice must be provided to the court within 60 days after the standby
adoptive parent's receipt of knowledge of death of the terminally ill
parent or the terminally ill parent's request that a final judgment
for adoption be entered. If the court finds that adoption is for the
welfare of the child and that there is a valid consent, including
consent for standby adoption, which is still in effect, or that no
consent is required under Section 8 of the Act, a judgment for
adoption shall be entered unless the court finds by clear and
convincing evidence that it is no longer in the best interest of the
child for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence shall
be necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of the
adoption may order the issuance of any contents of the court file or
that the original birth record of the adoptee be provided to any
persons.
(Source: P.A. 88-148.)".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2726 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
4632 JOURNAL OF THE [May 14, 1999]
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2727
A bill for AN ACT to amend the Adoption Act by adding Section
14b.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2727.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2727 on page 1 by deleting
lines 21 through 27.
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2727 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2733
A bill for AN ACT to amend the School Code by changing Section
18-8.05.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2733.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2733 on page 5, line 30, by
replacing "1.00%" with "1.05%"; and
on page 11, line 24, by replacing "1.00%" with "1.05%".
The foregoing message from the Senate reporting Senate Amendment
HOUSE OF REPRESENTATIVES 4633
No. 1 to HOUSE BILL 2733 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2793
A bill for AN ACT in relation to State government.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2793.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2793, by deleting lines 10 and
11 and inserting in lieu thereof the following:
"Section 99. Effective date. This Act takes effect July 1,
1999.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2793 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2823
A bill for AN ACT to amend the Illinois Vehicle Code by changing
Sections 3-405 and 3-416.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2823.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2823 on page 1, line 28, by
4634 JOURNAL OF THE [May 14, 1999]
inserting after "3." the following:
"The spouse and children of a person who may elect under this
paragraph 1 to furnish the address of the headquarters of the
government entity or police district where the person works instead
of the person's residence address may, if they reside with that
person, also elect to furnish the address of the headquarters of the
government entity or police district where the person works as their
residence address, in which case that address shall be deemed to be
their residence address for all purposes under this Chapter 3."; and
on page 3, line 27, by inserting after "address." the following:
"If, in accordance with Section 3-405, the spouse and children of a
police officer, deputy sheriff, elected sheriff, law enforcement
officer for the Department of State Police, or fire investigator have
furnished the address of the office of the headquarters of the
governmental entity or police district where the police officer,
deputy sheriff, elected sheriff, law enforcement officer for the
Department of State Police, or fire investigator works instead of
their residence address, the spouse and children shall notify the
Secretary of State of their old address and new address within 10
days after the police officer, deputy sheriff, elected sheriff, law
enforcement officer for the Department of State Police, or fire
investigator is no longer employed by that governmental entity or
police district as a police officer, deputy sheriff, elected sheriff,
law enforcement officer for the Department of State Police, or fire
investigator.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2823 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 2845
A bill for AN ACT to amend the Clerks of Courts Act by adding
Section 30.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 2845.
Passed the Senate, as amended, May 13, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 2845 by replacing the title
with the following:
AN ACT to amend the Clerks of Courts Act by changing Sections
27.1, 27.1a, 27.2, and 27.2a."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Clerks of Courts Act is amended by changing
HOUSE OF REPRESENTATIVES 4635
Sections 27.1, 27.1a, 27.2, and 27.2a as follows:
(705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
Sec. 27.1. The fees of the Clerk of the Circuit Court in all
counties having a population of 180,000 inhabitants or less shall be
paid in advance, except as otherwise provided, and shall be as
follows:
(a) Civil Cases
(1) All civil cases except as otherwise
provided........................................... $40
(2) Judicial Sales (except Probate).......... $40
(b) Family
(1) Commitment petitions under the Mental
Health and Developmental Disabilities Code, filing
transcript of commitment proceedings held in
another county, and cases under the Juvenile Court
Act of 1987........................................ $25
(2) Petition for Marriage Licenses........... $10
(3) Marriages in Court....................... $10
(4) Paternity................................ $40
(c) Criminal and Quasi-Criminal
(1) Each person convicted of a felony........ $40
(2) Each person convicted of a misdemeanor,
leaving scene of an accident, driving while
intoxicated, reckless driving or drag racing,
driving when license revoked or suspended,
overweight, or no interstate commerce certificate,
or when the disposition is court supervision....... $25
(3) Each person convicted of a business
offense............................................ $25
(4) Each person convicted of a petty offense. $25
(5) Minor traffic, conservation, or
ordinance violation, including
without limitation when the disposition is
court supervision:
(i) For each offense.................... $10
(ii) For each notice sent to the
defendant's last known address pursuant to
subsection (c) of Section 6-306.4 of the Illinois
Vehicle Code....................................... $2
(iii) For each notice sent to the
Secretary of State pursuant to subsection (c) of
Section 6-306.4 of the Illinois Vehicle Code....... $2
(6) When Court Appearance required........... $15
(7) Motions to vacate or amend final orders.. $10
(8) In ordinance violation cases punishable
by fine only, the clerk of the circuit court shall
be entitled to receive, unless the fee is excused
upon a finding by the court that the defendant is
indigent, in addition to other fees or costs
allowed or imposed by law, the sum of $50 as a fee
for the services of a jury. The jury fee shall be
paid by the defendant at the time of filing his or
her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case
shall be tried by the court without a jury.
(d) Other Civil Cases
(1) Money or personal property claimed does
not exceed $500.................................... $10
(2) Exceeds $500 but not more than $10,000... $25
4636 JOURNAL OF THE [May 14, 1999]
(3) Exceeds $10,000, when relief in addition
to or supplemental to recovery of money alone is
sought in an action to recover personal property
taxes or retailers occupational tax regardless of
amount claimed..................................... $45
(4) The Clerk of the Circuit Court shall be
entitled to receive, in addition to other fees
allowed by law, the sum of $50, as a fee for the
services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding
for the exercise of the right of eminent domain,
and in every equitable action wherein the right of
trial by jury is or may be given by law. The jury
fee shall be paid by the party demanding a jury at
the time of filing his jury demand. If such a fee
is not paid by either party, no jury shall be
called in the action, suit, or proceeding, and the
same shall be tried by the court without a jury.
(e) Confession of judgment and answer
(1) When the amount does not exceed $1,000... $20
(2) Exceeds $1,000........................... $40
(f) Auxiliary Proceedings
Any auxiliary proceeding relating to the
collection of a money judgment, including
garnishment, citation, or wage deduction action.... $5
(g) Forcible entry and detainer
(1) For possession only or possession and
rent not in excess of $10,000...................... $10
(2) For possession and rent in excess of
$10,000............................................ $40
(h) Eminent Domain
(1) Exercise of Eminent Domain............... $45
(2) For each and every lot or tract of land
or right or interest therein subject to be
condemned, the damages in respect to which shall
require separate assessments by a jury............. $45
(i) Reinstatement
Each case including petition for modification
of a judgment or order of Court if filed later than
30 days after the entry of a judgment or order,
except in forcible entry and detainer cases and
small claims and except a petition to modify,
terminate, or enforce a judgement or order for
child or spousal support or to modify, suspend, or
terminate an order for withholding, petition to
vacate judgment of dismissal for want of
prosecution whenever filed, petition to reopen an
estate, or redocketing of any cause................ $20
(j) Probate
(1) Administration of decedent's estates,
whether testate or intestate, guardianships of the
person or estate or both of a person under legal
disability, guardianships of the person or estate
or both of a minor or minors, or petitions to sell
real estate in the administration of any estate.... $50
(2) Small estates in cases where the real and
personal property of an estate does not exceed
$5,000............................................. $25
(3) At any time during the administration of
the estate, however, at the request of the Clerk,
the Court shall examine the record of the estate
HOUSE OF REPRESENTATIVES 4637
and the personal representative to determine the
total value of the real and personal property of
the estate, and if such value exceeds $5,000 shall
order the payment of an additional fee in the
amount of.......................................... $40
(4) Inheritance tax proceedings.............. $15
(5) Issuing letters only for a certain
specific reason other than the administration of an
estate, including but not limited to the release of
mortgage; the issue of letters of guardianship in
order that consent to marriage may be granted or
for some other specific reason other than for the
care of property or person; proof of heirship
without administration; or when a will is to be
admitted to probate, but the estate is to be
settled without administration..................... $10
(6) When a separate complaint relating to any
matter other than a routine claim is filed in an
estate, the required additional fee shall be
charged for such filing............................ $45
(k) Change of Venue
From a court, the charge is the same amount as
the original filing fee; however, the fee for
preparation and certification of record on change
of venue, when original documents or copies are
forwarded.......................................... $10
(l) Answer, adverse pleading, or appearance
In civil cases.......... $15
With the following exceptions:
(1) When the amount does not exceed $500..... $5
(2) When amount exceeds $500 but not $10,000. $10
(3) When amount exceeds $10,000.............. $15
(4) Court appeals when documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(m) Tax objection complaints
For each tax objection complaint containing
one or more tax objections, regardless of the
number of parcels involved or the number of
taxpayers joining the complaint.................... $10
(n) Tax deed
(1) Petition for tax deed, if only one parcel
is involved........................................ $45
(2) For each additional parcel involved, an
additional fee of.................................. $10
(o) Mailing Notices and Processes
(1) All notices that the clerk is required to
mail as first class mail........................... $2
(2) For all processes or notices the Clerk is
required to mail by certified or registered mail,
the fee will be $2 plus cost of postage.
(p) Certification or Authentication
(1) Each certification or authentication for
taking the acknowledgement of a deed or other
instrument in writing with seal of office.......... $2
(2) Court appeals when original documents are
forwarded, 100 pages or under, plus delivery costs. $25
(3) Court appeals when original documents are
forwarded, over 100 pages, plus delivery costs..... $60
4638 JOURNAL OF THE [May 14, 1999]
(4) Court appeals when original documents are
forwarded, over 200 pages, additional fee per page
over 200........................................... 10¢
(q) Reproductions
Each record of proceedings and judgment,
whether on appeal, change of venue, certified
copies of orders and judgments, and all other
instruments, documents, records, or papers:
(1) First page.......................... $1
(2) Next 19 pages, per page............. 50¢
(3) All remaining pages, per page....... 25¢
(r) Counterclaim
When any defendant files a counterclaim as
part of his or her answer or otherwise, or joins
another party as a third party defendant, or both,
he or she shall pay a fee for each such
counterclaim or third party action in an amount
equal to the fee he or she would have had to pay
had he or she brought a separate action for the
relief sought in the counterclaim or against the
third party defendant, less the amount of the
appearance fee, if that has been paid.
(s) Transcript of Judgment
From a court, the same fee as if case
originally filed.
(t) Publications
The cost of publication shall be paid directly
to the publisher by the person seeking the
publication, whether the clerk is required by law
to publish, or the parties to the action.
(u) Collections
(1) For all collections made for others,
except the State and County and except in
maintenance or child support cases, a sum equal to
2% of the amount collected and turned over.
(2) In any cases remanded to the Circuit
Court from the Supreme Court or the Appellate
Court, the Clerk shall file the remanding order and
reinstate the case with either its original number
or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon
reinstatement the Clerk shall advise the parties of
the reinstatement. A party shall have the same
right to a jury trial on remand and reinstatement
as he or she had before the appeal, and no
additional or new fee or charge shall be made for a
jury trial after remand.
(3) In maintenance and child support matters,
the Clerk may deduct from each payment an amount
equal to the United States postage to be used in
mailing the maintenance or child support check to
the recipient. In such cases, the Clerk shall
collect an annual fee of up to $36 from the person
making such payment for maintaining child support
records and the processing of support orders to the
State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for
the official record of the Court administering the
collection and distribution of maintenance and
child support payments. Such sum shall be in
addition to and separate from amounts ordered to be
HOUSE OF REPRESENTATIVES 4639
paid as maintenance or child support and shall be
deposited in a separate Maintenance and Child
Support Collection Fund of which the Clerk shall be
the custodian, ex officio, to be used by the Clerk
to maintain child support orders and record all
payments issued by the State Disbursement Unit for
the official record of the Court further
maintenance and child support collection efforts in
his office. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall
be by a separate instrument from the support
payment and shall be made to the order of the
Clerk. The Clerk may recover from the person making
the maintenance or child support payment any
additional cost incurred in the collection of this
annual fee.
The Clerk shall also be entitled to a fee of
$5 for certifications made to the Secretary of
State as provided in Section 7-703 of the Family
Financial Responsibility Law and these fees shall
also be deposited into the Separate Maintenance and
Child Support Collection Fund.
(v) Correction of Cases
For correcting the case number or case title
on any document filed in his office, to be charged
against the party that filed the document.......... $10
(w) Record Search
For searching a record, per year searched..... $4
(x) Printed Output
For each page of hard copy print output, when
case records are maintained on an automated medium. $2
(y) Alias Summons
For each alias summons issued................. $2
(z) Expungement of Records
For each expungement petition filed........... $15
(aa) Other Fees
Any fees not covered by this Section shall be set by rule or
administrative order of the Circuit Court, with the approval of
the Supreme Court.
(bb) Exemptions
No fee provided for herein shall be charged to any unit of
State or local government or school district unless the Court
orders another party to pay such fee on its behalf. The fee
requirements of this Section shall not apply to police
departments or other law enforcement agencies. In this Section,
"law enforcement agency" means an agency of the State or a unit
of local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws and
ordinances. The fee requirements of this Section shall not apply
to any action instituted under subsection (b) of Section 11-31-1
of the Illinois Municipal Code by a private owner or tenant of
real property within 1200 feet of a dangerous or unsafe building
seeking an order compelling the owner or owners of the building
to take any of the actions authorized under that subsection.
(cc) Adoptions
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(dd) Adoption exemptions
4640 JOURNAL OF THE [May 14, 1999]
No fee other than that set forth in subsection (cc) shall be
charged to any person in connection with an adoption proceeding.
(ee) Additional Services
Beginning July 1, 1993, the clerk of the circuit court may
provide such additional services for which there is no fee
specified by statute in connection with the operation of the
clerk's office as may be requested by the public and agreed to by
the public and by the clerk and approved by the chief judge of
the circuit court. Any charges for additional services shall be
as agreed to between the clerk and the party making the request
and approved by the chief judge of the circuit court. Nothing in
this subsection shall be as agreed to between the clerk and the
party making the request. Nothing in this subsection shall be
construed to require any clerk to provide any service not
otherwise required by law.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff.
8-17-97; 90-796, eff. 12-15-98; revised 12-31-98.)
(705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
Sec. 27.1a. The fees of the clerks of the circuit court in all
counties having a population in excess of 180,000 but not more than
650,000 inhabitants in the instances described in this Section shall
be as provided in this Section. The fees shall be paid in advance
and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $150.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not exceed
$500, $20.
(C) When that amount exceeds $500 but does not exceed
$2500, $30.
(D) When that amount exceeds $2500 but does not exceed
$15,000, $75.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(a-1) Family.
For filing a petition under the Juvenile Court Act of 1987,
$25.
For filing a petition for a marriage license, $10.
For performing a marriage in court, $10.
For filing a petition under the Illinois Parentage Act of
1984, $40.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $40. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
HOUSE OF REPRESENTATIVES 4641
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, $50. When the amount exceeds $1500, but does not exceed
$15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $20.
(B) When the amount in the case does not exceed $1500,
$20.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $10;
when the amount exceeds $1,000 but does not exceed $5,000, $20;
and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $40.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be $6, plus
the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $4.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
4642 JOURNAL OF THE [May 14, 1999]
new or additional fee for the reinstatement. Upon reinstatement
the Clerk shall advise the parties of the reinstatement. A party
shall have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code and for filing a transcript of
commitment proceedings held in another county, $25.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $180, as a fee for the services
of a jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of eminent
domain and in every other action wherein the right of trial by
jury is or may be given by law. The jury fee shall be paid by
the party demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be called
in the action or proceeding, and the same shall be tried by the
court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10; for
recording the same, 25¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
HOUSE OF REPRESENTATIVES 4643
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30 for each
expungement petition filed and an additional fee of $2 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $10.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $10; when the
amount claimed is $500 or more but less than $10,000, $25;
when the amount claimed is $10,000 or more, $40; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
4644 JOURNAL OF THE [May 14, 1999]
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
the amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $10.
(H) For each certified copy of letters of office, of
court order or other certification, $1, plus 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders, $20.
(I) Motions to vacate ex parte judgments, whenever
filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population in excess of 180,000
but not more than 650,000 inhabitants, when the violation
complaint is issued by a municipal police department, the clerk
shall be entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $50 as a fee for the services of a
jury. The jury fee shall be paid by the defendant at the time of
filing his or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be tried
by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of a
new suit.
(y) Change of Venue.
HOUSE OF REPRESENTATIVES 4645
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining on the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court administering the collection and distribution
of maintenance and child support payments. This fee shall be in
addition to and separate from amounts ordered to be paid as
maintenance or child support and shall be deposited into a
Separate Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used by the
clerk to maintain child support orders and record all payments
issued by the State Disbursement Unit for the official record of
the Court further maintenance and child supports in his or her
office. The clerk may recover from the person making the
maintenance or child support payment any additional cost
incurred in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $15.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
4646 JOURNAL OF THE [May 14, 1999]
local government or school district.
(3) The fee requirements of this Section shall not apply to
any action instituted under subsection (b) of Section 11-31-1 of
the Illinois Municipal Code by a private owner or tenant of real
property within 1200 feet of a dangerous or unsafe building
seeking an order compelling the owner or owners of the building
to take any of the actions authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff.
8-17-97; 90-796, eff. 12-15-98.)
(705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
Sec. 27.2. The fees of the clerks of the circuit court in all
counties having a population in excess of 650,000 inhabitants but
less than 3,000,000 inhabitants in the instances described in this
Section shall be as provided in this Section. In addition, the fees
provided in this Section shall apply to all units of local government
and school districts in counties with more than 3,000,000
inhabitants. The fees shall be paid in advance and shall be as
follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $150.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $10.
(B) When that amount exceeds $250 but does not exceed
$500, $20.
(C) When that amount exceeds $500 but does not exceed
$2500, $30.
(D) When that amount exceeds $2500 but does not exceed
$15,000, $75.
(E) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $40. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $150.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
HOUSE OF REPRESENTATIVES 4647
$1500, $50. When the amount exceeds $1500, but does not exceed
$15,000, $115. When the amount exceeds $15,000, $200.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$50, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only; $20.
(B) When the amount in the case does not exceed $1500,
$20.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $40.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $10;
when the amount exceeds $1,000 but does not exceed $5,000, $20;
and when the amount exceeds $5,000, $30.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $40.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $60.
(3) Petition to vacate order of bond forfeiture, $20.
(h) Mailing.
When the clerk is required to mail, the fee will be $6, plus
the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $10.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $80.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $4.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $50.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $120.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 20 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon reinstatement
the Clerk shall advise the parties of the reinstatement. A party
shall have the same right to a jury trial on remand and
4648 JOURNAL OF THE [May 14, 1999]
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $4 for
each year searched.
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $4.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, $25.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $4.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $180, as a fee for the services
of a jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of eminent
domain and in every other action wherein the right of trial by
jury is or may be given by law. The jury fee shall be paid by
the party demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be called
in the action or proceeding, and the same shall be tried by the
court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $10; for
recording the same, 25¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees as
HOUSE OF REPRESENTATIVES 4649
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $30 for each
expungement petition filed and an additional fee of $2 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $100, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $25.
(2) For administration of the estate of a ward, $50, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $25.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $10.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $15.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $10; when the
amount claimed is $500 or more but less than $10,000, $25;
when the amount claimed is $10,000 or more, $40; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $40.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $10.
(F) For each jury demand, $90.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $30, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
the amount involved does not exceed $5,000, the fee,
4650 JOURNAL OF THE [May 14, 1999]
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $10.
(H) For each certified copy of letters of office, of
court order or other certification, $1, plus 50¢ per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $1, plus the fee for
certification.
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his attorney shall pay to the clerk
all postage charges incurred by the clerk in mailing petitions,
orders, notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $80.
(B) Misdemeanor complaints, $50.
(C) Business offense complaints, $50.
(D) Petty offense complaints, $50.
(E) Minor traffic or ordinance violations, $20.
(F) When court appearance required, $30.
(G) Motions to vacate or amend final orders, $20.
(H) Motions to vacate bond forfeiture orders, $20.
(I) Motions to vacate ex parte judgments, whenever
filed, $20.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $20.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $20.
(2) In counties having a population of more than 650,000
but fewer than 3,000,000 inhabitants, when the violation
complaint is issued by a municipal police department, the clerk
shall be entitled to costs from each person convicted therein as
follows:
(A) Minor traffic or ordinance violations, $10.
(B) When court appearance required, $15.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $50 as a fee for the services of a
jury. The jury fee shall be paid by the defendant at the time of
filing his or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be tried
by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of new
suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
the commencement of a new suit.
(2) The fee for the preparation and certification of a
HOUSE OF REPRESENTATIVES 4651
record on a change of venue to another jurisdiction, when
original documents are forwarded, $25.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining in the complaint, $25.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
$150.
(2) For each additional parcel, add a fee of $50.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 2.5% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court administering the collection and distribution
of maintenance and child support payments. This fee shall be in
addition to and separate from amounts ordered to be paid as
maintenance or child support and shall be deposited into a
Separate Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used by the
clerk to maintain child support orders and record all payments
issued by the State Disbursement Unit for the official record of
the Court further maintenance and child supports in his or her
office. The clerk may recover from the person making the
maintenance or child support payment any additional cost incurred
in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $15.
(dd) Exceptions.
The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
Attorney General or any state's attorney. The fee requirements of
this Section shall not apply to any action instituted under
subsection (b) of Section 11-31-1 of the Illinois Municipal Code
by a private owner or tenant of real property within 1200 feet of
a dangerous or unsafe building seeking an order compelling the
owner or owners of the building to take any of the actions
4652 JOURNAL OF THE [May 14, 1999]
authorized under that subsection.
(ee) Adoptions.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff.
8-17-97; 90-796, eff. 12-15-98.)
(705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
Sec. 27.2a. The fees of the clerks of the circuit court in all
counties having a population of 3,000,000 or more inhabitants in the
instances described in this Section shall be as provided in this
Section. The fees shall be paid in advance and shall be as follows:
(a) Civil Cases.
The fee for filing a complaint, petition, or other pleading
initiating a civil action, with the following exceptions, shall
be $190.
(A) When the amount of money or damages or the value
of personal property claimed does not exceed $250, $15.
(B) When that amount exceeds $250 but does not exceed
$1000, $40.
(C) When that amount exceeds $1000 but does not exceed
$2500, $50.
(D) When that amount exceeds $2500 but does not exceed
$5000, $100.
(E) When that amount exceeds $5000 but does not exceed
$15,000, $150.
(F) For the exercise of eminent domain, $150. For
each additional lot or tract of land or right or interest
therein subject to be condemned, the damages in respect to
which shall require separate assessment by a jury, $150.
(b) Forcible Entry and Detainer.
In each forcible entry and detainer case when the plaintiff
seeks possession only or unites with his or her claim for
possession of the property a claim for rent or damages or both in
the amount of $15,000 or less, $75. When the plaintiff unites
his or her claim for possession with a claim for rent or damages
or both exceeding $15,000, $225.
(c) Counterclaim or Joining Third Party Defendant.
When any defendant files a counterclaim as part of his or
her answer or otherwise or joins another party as a third party
defendant, or both, the defendant shall pay a fee for each
counterclaim or third party action in an amount equal to the fee
he or she would have had to pay had he or she brought a separate
action for the relief sought in the counterclaim or against the
third party defendant, less the amount of the appearance fee, if
that has been paid.
(d) Confession of Judgment.
In a confession of judgment when the amount does not exceed
$1500, $60. When the amount exceeds $1500, but does not exceed
$5000, $75. When the amount exceeds $5000, but does not exceed
$15,000, $175. When the amount exceeds $15,000, $250.
(e) Appearance.
The fee for filing an appearance in each civil case shall be
$75, except as follows:
(A) When the plaintiff in a forcible entry and
detainer case seeks possession only, $40.
HOUSE OF REPRESENTATIVES 4653
(B) When the amount in the case does not exceed $1500,
$40.
(C) When that amount exceeds $1500 but does not exceed
$15,000, $60.
(f) Garnishment, Wage Deduction, and Citation.
In garnishment affidavit, wage deduction affidavit, and
citation petition when the amount does not exceed $1,000, $15;
when the amount exceeds $1,000 but does not exceed $5,000, $30;
and when the amount exceeds $5,000, $50.
(g) Petition to Vacate or Modify.
(1) Petition to vacate or modify any final judgment or
order of court, except in forcible entry and detainer cases and
small claims cases or a petition to reopen an estate, to modify,
terminate, or enforce a judgment or order for child or spousal
support, or to modify, suspend, or terminate an order for
withholding, if filed before 30 days after the entry of the
judgment or order, $50.
(2) Petition to vacate or modify any final judgment or
order of court, except a petition to modify, terminate, or
enforce a judgment or order for child or spousal support or to
modify, suspend, or terminate an order for withholding, if filed
later than 30 days after the entry of the judgment or order, $75.
(3) Petition to vacate order of bond forfeiture, $40.
(h) Mailing.
When the clerk is required to mail, the fee will be $10,
plus the cost of postage.
(i) Certified Copies.
Each certified copy of a judgment after the first, except in
small claims and forcible entry and detainer cases, $15.
(j) Habeas Corpus.
For filing a petition for relief by habeas corpus, $125.
(k) Certification, Authentication, and Reproduction.
(1) Each certification or authentication for taking the
acknowledgment of a deed or other instrument in writing with the
seal of office, $6.
(2) Court appeals when original documents are forwarded,
under 100 pages, plus delivery and costs, $75.
(3) Court appeals when original documents are forwarded,
over 100 pages, plus delivery and costs, $150.
(4) Court appeals when original documents are forwarded,
over 200 pages, an additional fee of 25 cents per page.
(5) For reproduction of any document contained in the
clerk's files:
(A) First page, $2.
(B) Next 19 pages, 50 cents per page.
(C) All remaining pages, 25 cents per page.
(l) Remands.
In any cases remanded to the Circuit Court from the Supreme
Court or the Appellate Court for a new trial, the clerk shall
file the remanding order and reinstate the case with either its
original number or a new number. The Clerk shall not charge any
new or additional fee for the reinstatement. Upon reinstatement
the Clerk shall advise the parties of the reinstatement. A party
shall have the same right to a jury trial on remand and
reinstatement as he or she had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(m) Record Search.
For each record search, within a division or municipal
district, the clerk shall be entitled to a search fee of $6 for
each year searched.
4654 JOURNAL OF THE [May 14, 1999]
(n) Hard Copy.
For each page of hard copy print output, when case records
are maintained on an automated medium, the clerk shall be
entitled to a fee of $6.
(o) Index Inquiry and Other Records.
No fee shall be charged for a single plaintiff/defendant
index inquiry or single case record inquiry when this request is
made in person and the records are maintained in a current
automated medium, and when no hard copy print output is
requested. The fees to be charged for management records,
multiple case records, and multiple journal records may be
specified by the Chief Judge pursuant to the guidelines for
access and dissemination of information approved by the Supreme
Court.
(p) Commitment Petitions.
For filing commitment petitions under the Mental Health and
Developmental Disabilities Code, $50.
(q) Alias Summons.
For each alias summons or citation issued by the clerk, $5.
(r) Other Fees.
Any fees not covered in this Section shall be set by rule or
administrative order of the Circuit Court with the approval of
the Administrative Office of the Illinois Courts.
The clerk of the circuit court may provide additional
services for which there is no fee specified by statute in
connection with the operation of the clerk's office as may be
requested by the public and agreed to by the clerk and approved
by the chief judge of the circuit court. Any charges for
additional services shall be as agreed to between the clerk and
the party making the request and approved by the chief judge of
the circuit court. Nothing in this subsection shall be construed
to require any clerk to provide any service not otherwise
required by law.
(s) Jury Services.
The clerk shall be entitled to receive, in addition to other
fees allowed by law, the sum of $200, as a fee for the services
of a jury in every civil action not quasi-criminal in its nature
and not a proceeding for the exercise of the right of eminent
domain and in every other action wherein the right of trial by
jury is or may be given by law. The jury fee shall be paid by
the party demanding a jury at the time of filing the jury demand.
If the fee is not paid by either party, no jury shall be called
in the action or proceeding, and the same shall be tried by the
court without a jury.
(t) Voluntary Assignment.
For filing each deed of voluntary assignment, $20; for
recording the same, 50¢ for each 100 words. Exceptions filed to
claims presented to an assignee of a debtor who has made a
voluntary assignment for the benefit of creditors shall be
considered and treated, for the purpose of taxing costs therein,
as actions in which the party or parties filing the exceptions
shall be considered as party or parties plaintiff, and the
claimant or claimants as party or parties defendant, and those
parties respectively shall pay to the clerk the same fees as
provided by this Section to be paid in other actions.
(u) Expungement Petition.
The clerk shall be entitled to receive a fee of $60 for each
expungement petition filed and an additional fee of $4 for each
certified copy of an order to expunge arrest records.
(v) Probate.
The clerk is entitled to receive the fees specified in this
HOUSE OF REPRESENTATIVES 4655
subsection (v), which shall be paid in advance, except that, for good
cause shown, the court may suspend, reduce, or release the costs
payable under this subsection:
(1) For administration of the estate of a decedent (whether
testate or intestate) or of a missing person, $150, plus the fees
specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $40.
(B) When (i) proof of heirship alone is made, (ii) a
domestic or foreign will is admitted to probate without
administration (including proof of heirship), or (iii)
letters of office are issued for a particular purpose
without administration of the estate, the fee shall be $40.
(2) For administration of the estate of a ward, $75, plus
the fees specified in subsection (v)(3), except:
(A) When the value of the real and personal property
does not exceed $15,000, the fee shall be $40.
(B) When (i) letters of office are issued to a
guardian of the person or persons, but not of the estate or
(ii) letters of office are issued in the estate of a ward
without administration of the estate, including filing or
joining in the filing of a tax return or releasing a
mortgage or consenting to the marriage of the ward, the fee
shall be $20.
(3) In addition to the fees payable under subsection (v)(1)
or (v)(2) of this Section, the following fees are payable:
(A) For each account (other than one final account)
filed in the estate of a decedent, or ward, $25.
(B) For filing a claim in an estate when the amount
claimed is $150 or more but less than $500, $20; when the
amount claimed is $500 or more but less than $10,000, $40;
when the amount claimed is $10,000 or more, $60; provided
that the court in allowing a claim may add to the amount
allowed the filing fee paid by the claimant.
(C) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of a
will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the appointment
of testamentary trustees, $60.
(D) For filing in an estate (i) the appearance of any
person for the purpose of consent or (ii) the appearance of
an executor, administrator, administrator to collect,
guardian, guardian ad litem, or special administrator, no
fee.
(E) Except as provided in subsection (v)(3)(D), for
filing the appearance of any person or persons, $30.
(F) For each jury demand, $125.
(G) For disposition of the collection of a judgment or
settlement of an action or claim for wrongful death of a
decedent or of any cause of action of a ward, when there is
no other administration of the estate, $50, less any amount
paid under subsection (v)(1)(B) or (v)(2)(B) except that if
the amount involved does not exceed $5,000, the fee,
including any amount paid under subsection (v)(1)(B) or
(v)(2)(B), shall be $20.
(H) For each certified copy of letters of office, of
court order or other certification, $2, plus $1 per page in
excess of 3 pages for the document certified.
(I) For each exemplification, $2, plus the fee for
certification.
4656 JOURNAL OF THE [May 14, 1999]
(4) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay the cost
of publication by the clerk directly to the newspaper.
(5) The person on whose behalf a charge is incurred for
witness, court reporter, appraiser, or other miscellaneous fee
shall pay the same directly to the person entitled thereto.
(6) The executor, administrator, guardian, petitioner, or
other interested person or his or her attorney shall pay to the
clerk all postage charges incurred by the clerk in mailing
petitions, orders, notices, or other documents pursuant to the
provisions of the Probate Act of 1975.
(w) Criminal and Quasi-Criminal Costs and Fees.
(1) The clerk shall be entitled to costs in all criminal
and quasi-criminal cases from each person convicted or sentenced
to supervision therein as follows:
(A) Felony complaints, $125.
(B) Misdemeanor complaints, $75.
(C) Business offense complaints, $75.
(D) Petty offense complaints, $75.
(E) Minor traffic or ordinance violations, $30.
(F) When court appearance required, $50.
(G) Motions to vacate or amend final orders, $40.
(H) Motions to vacate bond forfeiture orders, $30.
(I) Motions to vacate ex parte judgments, whenever
filed, $30.
(J) Motions to vacate judgment on forfeitures,
whenever filed, $25.
(K) Motions to vacate "failure to appear" or "failure
to comply" notices sent to the Secretary of State, $40.
(2) In counties having a population of 3,000,000 or more,
when the violation complaint is issued by a municipal police
department, the clerk shall be entitled to costs from each person
convicted therein as follows:
(A) Minor traffic or ordinance violations, $30.
(B) When court appearance required, $50.
(3) In ordinance violation cases punishable by fine only,
the clerk of the circuit court shall be entitled to receive,
unless the fee is excused upon a finding by the court that the
defendant is indigent, in addition to other fees or costs allowed
or imposed by law, the sum of $100 as a fee for the services of a
jury. The jury fee shall be paid by the defendant at the time of
filing his or her jury demand. If the fee is not so paid by the
defendant, no jury shall be called, and the case shall be tried
by the court without a jury.
(x) Transcripts of Judgment.
For the filing of a transcript of judgment, the clerk shall
be entitled to the same fee as if it were the commencement of a
new suit.
(y) Change of Venue.
(1) For the filing of a change of case on a change of
venue, the clerk shall be entitled to the same fee as if it were
the commencement of a new suit.
(2) The fee for the preparation and certification of a
record on a change of venue to another jurisdiction, when
original documents are forwarded, $40.
(z) Tax objection complaints.
For each tax objection complaint containing one or more tax
objections, regardless of the number of parcels involved or the
number of taxpayers joining in the complaint, $50.
(aa) Tax Deeds.
(1) Petition for tax deed, if only one parcel is involved,
HOUSE OF REPRESENTATIVES 4657
$250.
(2) For each additional parcel, add a fee of $100.
(bb) Collections.
(1) For all collections made of others, except the State
and county and except in maintenance or child support cases, a
sum equal to 3.0% of the amount collected and turned over.
(2) Interest earned on any funds held by the clerk shall be
turned over to the county general fund as an earning of the
office.
(3) For any check, draft, or other bank instrument returned
to the clerk for non-sufficient funds, account closed, or payment
stopped, $25.
(4) In child support and maintenance cases, the clerk, if
authorized by an ordinance of the county board, may collect an
annual fee of up to $36 from the person making payment for
maintaining child support records and the processing of support
orders to the State of Illinois KIDS system and the recording of
payments issued by the State Disbursement Unit for the official
record of the Court administering the collection and distribution
of maintenance and child support payments. This fee shall be in
addition to and separate from amounts ordered to be paid as
maintenance or child support and shall be deposited into a
Separate Maintenance and Child Support Collection Fund, of which
the clerk shall be the custodian, ex-officio, to be used by the
clerk to maintain child support orders and record all payments
issued by the State Disbursement Unit for the official record of
the Court further maintenance and child supports in his or her
office. The clerk may recover from the person making the
maintenance or child support payment any additional cost incurred
in the collection of this annual fee.
The clerk shall also be entitled to a fee of $5 for
certifications made to the Secretary of State as provided in
Section 7-703 of the Family Financial Responsibility Law and
these fees shall also be deposited into the Separate Maintenance
and Child Support Collection Fund.
(cc) Corrections of Numbers.
For correction of the case number, case title, or attorney
computer identification number, if required by rule of court, on
any document filed in the clerk's office, to be charged against
the party that filed the document, $25.
(dd) Exceptions.
(1) The fee requirements of this Section shall not apply to
police departments or other law enforcement agencies. In this
Section, "law enforcement agency" means an agency of the State or
a unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
laws or ordinances. "Law enforcement agency" also means the
Attorney General or any state's attorney.
(2) No fee provided herein shall be charged to any unit of
local government or school district. The fee requirements of this
Section shall not apply to any action instituted under subsection
(b) of Section 11-31-1 of the Illinois Municipal Code by a
private owner or tenant of real property within 1200 feet of a
dangerous or unsafe building seeking an order compelling the
owner or owners of the building to take any of the actions
authorized under that subsection.
(ee) Adoption.
(1) For an adoption.....................................$65
(2) Upon good cause shown, the court may waive the adoption
filing fee in a special needs adoption. The term "special needs
adoption" shall have the meaning ascribed to it by the Illinois
4658 JOURNAL OF THE [May 14, 1999]
Department of Children and Family Services.
(ff) Adoption exemptions.
No fee other than that set forth in subsection (ee) shall be
charged to any person in connection with an adoption proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 89-593, eff. 8-1-96; 90-466, eff.
8-17-97; 90-796, eff. 12-15-98.)
Section 99. Effective date. This Act takes effect October 1,
1999.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 2845 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 5
A bill for AN ACT making an appropriation to the Attorney
General.
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 5.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 5, by replacing the title with
the following:
"AN ACT regarding appropriations."; and by replacing everything
after the enacting clause with the following:
"ARTICLE 1
Section 1. 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 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
HOUSE OF REPRESENTATIVES 4659
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
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
4660 JOURNAL OF THE [May 14, 1999]
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
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
HOUSE OF REPRESENTATIVES 4661
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
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
4662 JOURNAL OF THE [May 14, 1999]
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
(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
HOUSE OF REPRESENTATIVES 4663
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
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 $2,276,119
For Employee Retirement Paid by Employer 85,100
For Retirement Contributions 85,400
For Social Security Contributions 93,500
4664 JOURNAL OF THE [May 14, 1999]
For Contractual Services 103,300
For Travel 48,700
For Commodities 10,500
Total $2,702,619
-EDUCATION SERVICES-
From General Revenue Fund:
For Personal Services $5,471,500
For Employee Retirement Paid by Employer 210,693
For Retirement Contributions 196,193
For Social Security Contributions 185,400
For Contractual Services 156,100
For Travel 76,000
For Commodities 8,000
For Printing 5,000
For Telecommunications 35,000
Total $6,343,886
-FINANCE AND ADMINISTRATION-
From General Revenue Fund:
For Personal Services $7,250,340
For Employee Retirement Paid by Employer 281,993
For Retirement Contributions 224,593
For Social Security Contributions 194,993
For Contractual Services 2,149,300
For Travel 191,300
For Commodities 99,300
For Printing 176,400
For Equipment 125,000
For Telecommunications 400,000
For Operation of Automotive Equipment 14,000
For Regional Board of School Trustees 10,000
For State Contribution to the Education
Commission of the States 89,000
For Contractual Services for teacher
dismissal hearing costs under
Sections 24-12, 34-15, and
34-85 of the School Code 175,000
Total $11,381,219
-POLICY AND PLANNING-
From General Revenue Fund:
For Personal Services $ 1,668,541
For Employee Retirement Paid by Employer 65,400
For Retirement Contributions 63,700
For Social Security Contributions 56,300
For Contractual Services 81,500
For Travel 65,000
For Commodities 2,000
Total $2,002,441
-ACCOUNTABILITY AND QUALITY ASSURANCE-
From General Revenue Fund:
For Personal Services $2,883,095
For Employee Retirement Paid by Employer 110,000
For Retirement Contributions 87,800
For Social Security Contributions 87,900
For Contractual Services 44,000
For Travel 16,000
For Commodities 2,000
Total $3,230,795
-FINANCE AND ADMINISTRATION-
From Driver Education Fund:
For Personal Services $598,400
For Employee Retirement Paid by Employer 22,400
HOUSE OF REPRESENTATIVES 4665
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 $26,529,760;
General Revenue Fund $25,660,960;
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:
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
4666 JOURNAL OF THE [May 14, 1999]
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 $53,000,000
For reimbursement to school districts
for extraordinary special
education and facilities under
Section 14-7.02a of the School Code $213,500,000
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 $281,500,000
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
HOUSE OF REPRESENTATIVES 4667
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 $186,500,000
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 $181,000,000
For reimbursement to school districts and for
providing free lunch and breakfast
programs under the provision of the
School Free Lunch Program Act $19,500,000
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 $22,872,800
Total, General Revenue Fund $1,199,574,300
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 associated with the
Work-Based Learning Program $839,900
For grants associated with the
Illinois Administrators Academy $437,580
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 $2,502,000
For grants associated with Learning
Improvement and Quality Assurance $6,216,500
For grants associated with the Vocational
4668 JOURNAL OF THE [May 14, 1999]
Education Technical Preparation Program $4,824,329
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 $129,900
For distribution to eligible recipients
to assist in conducting and improving
Vocational Education Programs and
Services $46,687,050
For grants to schools associated with the
Academic Early Warning List $3,500,000
Total, this Section $89,402,359
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 costs associated with the Certificate
Renewal Administrative Payment program $1,000,000
For operational costs to provide services
associated with the Regional Office
of Education for the City of Chicago $870,000
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 $12,360,000
For independent outside evaluation of
select programs operated by the Illinois
State Board of Education $200,000
For funding the Statewide Bilingual
Assessment Program $600,000
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
Development (GED) testing $210,000
For costs associated with Teacher
Framework Implementation $400,000
For costs associated with the Initiative
for National Board Certification $75,000
For funding of the Regional Offices of
Education Technology Plan $500,000
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
HOUSE OF REPRESENTATIVES 4669
For administrative costs associated with
Learning Standards $1,286,500
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 $655,000
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 $506,300
For administrative cost associated with the
Work-Based Learning Program $160,100
For costs associated with the Illinois Student
Achievement Test (ISAT) $12,897,000
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 $420,420
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 $248,000
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 $363,121
For operational expenses of administering the
Early Childhood Block Grant $559,000
For funding the Illinois State Board of
Education Technology Program $850,000
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 $358,800
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 operational costs associated with
administering the Professional
Development Block Grant $263,270
For purposes of providing liability
coverage to certificated persons in
4670 JOURNAL OF THE [May 14, 1999]
accordance with Section 2-3.124 of the
School Code $1,000,000
For Operational Expenses for the Illinois
Purchase Care Review Board $166,400
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
Total, this Section $89,900,311
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 $374,600
For funding the Professional Development
Block Grant, pursuant to Section 1C-2
of the School Code $26,064,230
For funding the Early Childhood Block
Grant pursuant to Section 1C-2 of
the School Code $169,612,800
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 $83,000,000
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 $499,700
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 $520,0000
Total, this Section $297,773,330
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 $19,300,000
For grants associated with the
Technology for Success Program $28,950,000
Total this Section $48,250,000
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
HOUSE OF REPRESENTATIVES 4671
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 $565,000, 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.
Section 60. The amount of $565,000, 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 $188,330
For Grants $376,670
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 $1,093,000 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 of the School Code $2,451,567,784
4672 JOURNAL OF THE [May 14, 1999]
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 $5,600,000
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 $4,463,000
Total, this Section $2,486,630,784
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 of the School Code $466,965,292
Section 100. The amount of $185,800, 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 $25,596,950, 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 $48,805,214, 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 the
subsection 5(o) of Section 18-8 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 $500,000, 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 $10,000,000
HOUSE OF REPRESENTATIVES 4673
For deposit into the Charter Schools
Revolving Loan Fund $1,000,000
From the Charter Schools Revolving Loan Fund:
For Loans $1,000,000
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
amounts the Board has received or may receive in support of projects
that are within the lawful powers of the Board.
Section 160. 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.
ARTICLE 2
Section 5. The amount of $29,175,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the Teachers' Retirement System of the State
of Illinois for transfer into the Teachers' Health Insurance
Security Fund as the State's contribution for teachers'
health benefits.
Section 10. The following amounts, or so much thereof as
may be necessary, are appropriated to the Teachers'
Retirement System of the State of Illinois for the State's
Contribution, as provided by law:
Payable from the General Revenue Fund $57,843,900
Payable from the Common School Fund $520,595,100
Total, this Section $578,439,000
ARTICLE 3
Section 5. The amount of $65,044,700, or so much of that amount
as may be necessary, is appropriated from the Common School Fund to
the Public School Teachers' Pension and Retirement Fund of Chicago
for the State's Contribution, as provided by law and pursuant to PA
90-548.
Section 999. Effective date. This Act takes effect July 1,
1999.".
The foregoing message from the Senate reporting Senate Amendment
No. 1 to HOUSE BILL 5 was placed on the Calendar on the order of
Concurrence.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has concurred with the House of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 52
A bill for AN ACT making appropriations.
4674 JOURNAL OF THE [May 14, 1999]
Together with the attached amendment thereto (which amendment has
been printed by the Senate), in the adoption of which I am instructed
to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 52.
Passed the Senate, as amended, May 14, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 52, by replacing the title
with the following:
"AN ACT regarding appropriations."; and by replacing everything
after the enacting clause with the following:
"ARTICLE 1
Section 1. The sum of $1,048,047, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to the
Southwestern Illinois Development Authority for payment of principal
and interest on bonds issued on behalf of Laclede Steel.
ARTICLE 2
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
for the objects and purposes hereinafter named, to meet the
ordinary and contingent expenses of the Illinois Planning
Council on Developmental Disabilities:
Payable from Planning Council on Developmental
Disabilities Federal Fund:
For Personal Services ........................ $ 711,300
For Employee Retirement Contributions
Paid By Employer............................. 28,500
For State Contributions to the State
Employees' Retirement System ................. 69,700
For State Contributions to
Social Security ............................. 54,100
For Group Insurance .......................... 87,000
For Contractual Services ..................... 469,700
For Travel ................................... 43,000
For Commodities .............................. 30,000
For Printing ................................. 37,500
For Equipment ................................ 15,000
For Electronic Data Processing ............... 20,000
For Telecommunications Services .............. 45,000
For Costs Associated with the
Illinois Transition Consortium .............. 0
Total $1,610,800
Section 2. The amount of $2,500,000, or so much thereof
as may be necessary, is appropriated from the Planning
Council on Developmental Disabilities Federal Fund to the
Illinois Planning Council on Developmental Disabilities for
awards and grants to community agencies and other State
agencies.
ARTICLE 3
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Human Rights for the objects and
purposes hereinafter enumerated:
ADMINISTRATION
Payable from General Revenue Fund:
For Personal Services ........................ $ 582,500
HOUSE OF REPRESENTATIVES 4675
For Employee Retirement Contributions
Paid by Employer ............................ 23,300
For State Contributions to State
Employees' Retirement System ................ 56,600
For State Contributions to
Social Security ............................. 41,800
For Contractual Services ..................... 42,600
For Travel ................................... 3,400
For Commodities .............................. 3,400
For Printing ................................. 3,200
For Equipment................................. 13,100
For Telecommunications Services .............. 27,100
For Operation of Auto Equipment .............. 11,600
Total $808,600
Section 2. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Human Rights for the objects and
purposes hereinafter enumerated:
DIVISION OF CHARGE PROCESSING
Payable from General Revenue Fund:
For Personal Services ........................ $ 3,891,700
For Employee Retirement Contributions
Paid by Employer ............................ 155,700
For State Contributions to State
Employees' Retirement System ................ 378,100
For State Contributions to
Social Security ............................. 297,800
For Contractual Services ..................... 63,000
For Travel ................................... 26,300
For Commodities .............................. 6,800
For Printing ................................. 1,300
For Equipment ................................ 21,900
For Telecommunications Services .............. 67,700
Total $4,910,300
Payable from Special Projects Division Fund:
For Personal Services ........................ $ 1,107,000
For Employee Retirement Contributions
Paid by Employer ............................ 44,300
For State Contributions to State
Employees' Retirement System ................ 107,500
For State Contributions to
Social Security ............................. 84,700
For Group Insurance .......................... 174,000
For Contractual Services ..................... 380,000
For Travel ................................... 58,000
For Commodities .............................. 25,800
For Printing ................................. 10,800
For Equipment ................................ 49,000
For Telecommunications Services .............. 88,000
Total $2,129,100
Section 3. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Human Rights for the objects and
purposes hereinafter enumerated:
COMPLIANCE
Payable from General Revenue Fund:
For Personal Services ........................ $ 796,100
For Employee Retirement Contributions
Paid by Employer ............................ 31,900
For State Contributions to State
Employees' Retirement System ................ 77,300
4676 JOURNAL OF THE [May 14, 1999]
For State Contributions to
Social Security ............................. 60,200
For Contractual Services ..................... 3,600
For Travel ................................... 16,200
For Commodities .............................. 2,100
For Printing ................................. 1,000
For Telecommunications Services .............. 14,000
Total $1,002,400
ARTICLE 4
Section 1. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Military Affairs:
FOR OPERATIONS
OFFICE OF THE ADJUTANT GENERAL
Payable from General Revenue Fund:
For Personal Services ........................ $ 1,255,400
For Employee Retirement Contributions
Paid By Employer ............................ 50,100
For State Contributions to State
Employees' Retirement System ................ 121,400
For State Contributions to
Social Security ............................. 95,800
For Contractual Services ..................... 34,000
For Travel ................................... 15,900
For Commodities .............................. 15,700
For Printing ................................. 5,900
For Equipment ................................ 40,400
For Electronic Data Processing ............... 56,300
For Telecommunications Services .............. 35,500
For Operation of Auto Equipment .............. 20,000
For State Officer's Candidate School ......... 2,200
For Lincoln's Challenge ...................... 2,613,600
Total $4,362,200
Payable from Federal Support Agreement Revolving Fund:
Army/Air Reimbursable Positions .............. 4,504,300
Lincoln's Challenge .......................... 4,398,500
Lincoln's Challenge Stipend Payments ......... 1,700,000
Total $10,602,800
FACILITIES OPERATIONS
Payable from General Revenue Fund:
For Personal Services ........................ $ 5,092,800
For Employee Retirement Contributions
Paid by Employer ............................ 203,700
For State Contributions to State
Employees' Retirement System ................ 495,000
For State Contributions to
Social Security ............................. 389,600
For Contractual Services ..................... 2,150,500
For Commodities .............................. 112,100
For Equipment ................................ 55,200
Total $8,498,900
Section 2. The sum of $3,500,000, or so much thereof as
may be necessary, is appropriated from the Federal Support
Agreement Revolving Fund to the Department of Military
Affairs for expenses related to Army National Guard
Facilities operations and maintenance as provided for in the
Cooperative Funding Agreements, including costs in prior
years.
Section 3. The sum of $275,000, or so much thereof as
HOUSE OF REPRESENTATIVES 4677
may be necessary, is appropriated from the Federal Support
Agreement Revolving Fund to the Department of Military
Affairs for expenses related to the Bartonville and Kankakee
armories for operations and maintenance according to the
Joint-Use Agreement.
Section 4. The sum of $48,500, or so much thereof as may
be necessary, is appropriated from the General Revenue Fund
to the Department of Military Affairs for rehabilitation and
minor construction at armories and camps.
Section 5. The sum of $16,500, or so much thereof as may
be necessary, is appropriated from the General Revenue Fund
to the Department of Military Affairs for expenses related
to the care and preservation of historic artifacts.
Section 6. The sum of $1,500,000, or so much thereof as
may be necessary, is appropriated from the Military Affairs
Trust Fund to the Department of Military Affairs to support
youth and other programs, provided such amounts shall not
exceed funds to be made available from public or private
sources.
Section 7. The sum of $43,400, or so much of that sum as
may be necessary and remains unexpended at the close of
business on June 30, 1999 from reappropriations heretofore
made in Article 42, Section 9 of Public Act 90-0585, is
reappropriated from the Illinois National Guard Armory
Construction Fund to the Department of Military Affairs to
provide the State's share in the costs of planning a new
armory in Danville.
Section 8. The sum of $262,400, or so much thereof as
may be necessary, and remains unexpended at the close of
business on June 30, 1999 from appropriations heretofore made
in Article 42, Section 10 of Public Act 90-0585, is
reappropriated from the Illinois National Guard Armory
Construction Fund for land acquisition and construction of
parking facilities at armories.
Section 9. No contract shall be entered into or
obligation incurred for any expenditures made from an
appropriation herein made in Sections 4, 7 and 8 of this
Article until after the purpose and amounts have been
approved in writing by the Governor.
ARTICLE 5
Section 1. The sum of $4,079,400, or so much thereof as may be
necessary and remains unexpended at the close of business on June 30,
1999, from reappropriations heretofore made in Article 80, Section 1
of Public Act 90-0585, is reappropriated from the General Revenue
Fund to the Illinois Farm Development Authority for transfer to the
Illinois Agricultural Loan Guarantee Fund.
Section 2. The sum of $500,000, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to the
Illinois Farm Development Authority for the purpose of interest
buy-back as authorized under the Illinois Farm Development Act.
ARTICLE 6
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Nuclear Safety for the objects and
purposes hereinafter enumerated:
MANAGEMENT AND ADMINISTRATIVE SUPPORT
Payable from Nuclear Safety Emergency
Preparedness Fund:
For Personal Services ........................ $ 1,263,700
For Employee Retirement Contributions
Paid by Employer ............................ 50,500
4678 JOURNAL OF THE [May 14, 1999]
For State Contributions to State
Employees' Retirement System ................ 122,800
For State Contributions to
Social Security ............................. 96,700
For Group Insurance .......................... 145,000
For Contractual Services ..................... 1,483,900
For Travel ................................... 34,000
For Commodities .............................. 50,500
For Printing ................................. 20,000
For Equipment ................................ 15,600
For Electronic Data Processing ............... 649,000
For Telecommunications Services .............. 255,500
For Operation of Auto Equipment .............. 107,900
Total $4,295,100
Payable from Radiation Protection Fund:
For Contractual Services ..................... $ 335,700
For Commodities .............................. 18,900
For Printing ................................. 50,000
For Electronic Data Processing ............... 126,400
For Telecommunications Services .............. 65,400
For Operation of Auto Equipment .............. 10,300
Total $606,700
Section 2. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Nuclear Safety for the objects and
purposes hereinafter enumerated:
NUCLEAR FACILITY SAFETY
Payable from Nuclear Safety Emergency
Preparedness Fund:
For Personal Services ........................ $ 5,230,600
For Employee Retirement Contributions
Paid by Employer ............................ 209,200
For State Contributions to State
Employees' Retirement System ................ 508,100
For State Contributions to
Social Security ............................. 400,100
For Group Insurance .......................... 562,600
For Contractual Services ..................... 701,600
For Travel ................................... 148,500
For Commodities .............................. 220,800
For Equipment ................................ 244,000
For Electronic Data Processing ............... 569,700
For Telecommunications Services .............. 502,300
For Compensation to local governments for
expenses attributable to implementation
and maintenance of plans and programs
authorized by the Nuclear Safety
Preparedness Act including expenses
incurred prior to July 1, 1997 .............. 650,000
Total $9,947,500
Section 3. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Nuclear Safety for the objects and
purposes hereinafter enumerated:
RADIATION SAFETY
Payable from General Revenue Fund:
For Personal Services ........................ $ 459,600
For Employee Retirement Contributions
Paid by Employer ............................ 18,400
For State Contributions to State
Employees' Retirement System ................ 44,600
HOUSE OF REPRESENTATIVES 4679
For State Contributions to
Social Security ............................. 33,800
Total $556,400
Payable from Radiation Protection Fund:
For Personal Services ........................ $ 1,704,400
For Employee Retirement Contributions
Paid by Employer ............................ 68,200
For State Contributions to State
Employees' Retirement System ................ 165,600
For State Contributions to
Social Security ............................. 130,400
For Group Insurance .......................... 179,800
For Contractual Services ..................... 42,400
For Travel ................................... 98,900
For Equipment ................................ 60,200
For Refunds .................................. 100,000
Total $2,549,900
Payable from Nuclear Safety Emergency
Preparedness Fund:
For Personal Services ........................ $ 241,800
For Employee Retirement Contributions
Paid by Employer ............................ 9,700
For State Contributions to State Employees'
Retirement System ........................... 23,500
For State Contributions to
Social Security ............................. 18,500
For Group Insurance .......................... 29,000
For Contractual Services ..................... 14,700
For Travel ................................... 2,000
For Commodities .............................. 2,000
Total $341,200
Section 4. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Nuclear Safety for the objects and
purposes hereinafter enumerated:
ENVIRONMENTAL SAFETY
Payable from General Revenue Fund:
For Refunds ......................................... $ 300
Payable from Nuclear Safety Emergency
Preparedness Fund:
For Personal Services ........................ $ 2,365,100
For Employee Retirement Contributions
Paid by Employer ............................ 94,600
For State Contributions to State
Employees' Retirement System ................ 229,700
For State Contributions to
Social Security ............................. 180,900
For Group Insurance .......................... 272,600
For Contractual Services ..................... 322,000
For Travel ................................... 65,700
For Commodities .............................. 70,600
For Equipment ................................ 187,300
Total $3,788,500
Payable from Low-Level Radioactive Waste
Facility Development and Operation Fund:
For Refunds for Overpayments made by Low-
Level Waste Generators ...................... $ 5,000
Total $5,000
Section 5. The amount of $400,000, or so much thereof as
may be necessary, is appropriated from the Indoor Radon
Mitigation Fund to the Department of Nuclear Safety for
4680 JOURNAL OF THE [May 14, 1999]
expenses relating to the federally funded State Indoor Radon
Abatement Program.
Section 6. The sum of $3,000,000, or so much thereof as
may be necessary, is appropriated from the Low-Level
Radioactive Waste Facility Development and Operation Fund to
the Department of Nuclear Safety for use in accordance with
Section 14(a) of the Illinois Low-Level Radioactive Waste
Management Act for costs related to establishing a low-level
radioactive waste disposal facility.
Section 7. The sum of $5,000,000, or so much thereof as
may be necessary, is appropriated from the Radiation
Protection Fund to the Department of Nuclear Safety for
licensing facilities where radioactive uranium and thorium
mill tailings are generated or located, and related costs for
regulating the decontamination and decommissioning of such
facilities and for identification, decontamination and
environmental monitoring of unlicensed properties
contaminated with such radioactive mill tailings.
Section 8. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Radiation
Protection Fund to the Department of Nuclear Safety for
reimbursing other governmental agencies for their assistance
in responding to radiological emergencies.
Section 9. The sum of $250,000, or so much thereof as
may be necessary, is appropriated from the Radiation
Protection Fund to the Department of Nuclear Safety for
recovery and remediation of radioactive materials and
contaminated facilities or properties when such expenses
cannot be paid by a responsible person or an available
surety.
Section 10. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Nuclear Safety
Emergency Preparedness Fund to the Illinois Department of
Nuclear Safety for related training and travel expenses and
to reimburse the Illinois State Police and the Illinois
Commerce Commission for costs incurred for activities related
to inspecting and escorting shipments of spent nuclear fuel,
high-level radioactive waste, and transuranic waste in
Illinois as provided under the rules of the Department.
Section 11. The sum of 650,000, or so much thereof as
may be necessary, is appropriated from the low-level
Radioactive Waste Facility Development and Operation Fund to
the Department of Nuclear Safety to provide for Federally
Funded Low-Level Radioactive Waste Intergovernmental
Programs.
ARTICLE 7
Section 1. The following named sums, or so much thereof
as may be necessary, are appropriated from the Environmental
Protection Trust Fund to the Environmental Protection Trust
Fund Commission for grants to the Illinois Environmental
Protection Agency as follows:
To Support Enhanced Environmental Protection
and Enforcement Activities .....................$ 625,000
Section 2. The following named sums, or so much thereof
as may be necessary, are appropriated from the Environmental
Protection Trust Fund to the Environmental Protection Trust
Fund Commission for grants to the Department of Natural
Resources as follows:
Grants to Department of Natural
Resources for projects relating
to natural resources research,
HOUSE OF REPRESENTATIVES 4681
protection, and educational
activities .....................................$ 625,000
Section 3. The following named sums, or so much thereof
as may be necessary, are appropriated from the Environmental
Protection Trust Fund to the Environmental Protection Trust
Fund Commission for grants to the Pollution Control Board as
follows:
For Funding Expenses of Case
Processing and Other Activities ..................$ 625,000
Section 4. The following named sum, or so much thereof
as may be necessary, is appropriated from the Environmental
Protection Trust Fund to the Environmental Protection Trust
Fund Commission for grants to the Office of the Attorney
General as follows:
For Enhanced Environmental Enforcement
Activities .......................................$ 625,000
ARTICLE 8
Section 1. The amount of $304,300, or so much thereof as may be
necessary, is appropriated from the General Revenue Fund to the East
St. Louis Financial Advisory Authority for the operating expenses of
the City of East St. Louis Financial Advisory Authority.
ARTICLE 9
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
Agricultural Premium Fund for the ordinary and contingent
expenses of the Illinois Racing Board:
OPERATIONS
GENERAL OFFICE
For Personal Services ........................ $ 1,111,400
For Employee Retirement Contributions
Paid by Employer ............................ 44,500
For State Contributions to State
Employees' Retirement System ................ 108,000
For State Contributions to
Social Security ............................. 83,600
For Contractual Services ..................... 174,500
For Contractual Services:
Hearing Officers ............................ 19,400
For Travel ................................... 35,700
For Commodities .............................. 15,700
For Printing ................................. 7,000
For Equipment ................................ 28,600
For Telecommunications Services .............. 83,100
For Operation of Auto Equipment .............. 6,900
Total $1,718,400
LABORATORY PROGRAM
For Personal Services ........................ $ 676,300
For Employee Retirement Contributions
Paid by Employer ............................ 27,100
For State Contributions to State
Employees' Retirement System ................ 65,700
For State Contributions to
Social Security ............................. 50,800
For Contractual Services ..................... 478,500
For Travel ................................... 6,000
For Commodities .............................. 440,900
For Printing ................................. 7,500
For Equipment ................................ 107,000
For Telecommunications Services .............. 6,500
For Operation of Auto Equipment .............. 1,800
4682 JOURNAL OF THE [May 14, 1999]
Total $1,868,100
REGULATION OF RACING PROGRAM
For Personal Services:
For Per Diem Expenses for the Regulation
of Race Days ................................ $ 2,420,100
For Employee Retirement Contributions
Paid by Employer ............................ 96,800
For State Contributions to State
Employees' Retirement System ................ 235,100
For State Contributions to
Social Security ............................. 179,400
For Contractual Services ..................... 77,600
For Travel ................................... 31,400
For Commodities .............................. 20,100
For Printing ................................. 3,400
For Equipment ................................ 90,800
For Operation of Auto Equipment .............. 3,100
For Refunds .................................. 1,000
Total $3,158,800
Section 2. The sum of $4,800,000, or so much thereof as
may be necessary, is appropriated from the Illinois Racetrack
Improvement Fund to the Illinois Racing Board for improvement
of racetrack facilities pursuant to the provisions of Section
32 of the "Illinois Racing Act of 1975".
Section 3. The sum of $5,000, or so much thereof as may
be necessary, is appropriated from the Horse Race Tax
Allocation Fund to the Illinois Horse Racing Board for
payment to inter-track wagering location licensees pursuant
to paragraph 11(B) of subsection h of Section 26 of the
"Illinois Horse Racing Act of 1975, 230 ILCS 5/26."
ARTICLE 10
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
State Lottery Fund to meet the ordinary and contingent
expenses of the Department of the Lottery, including
operating expenses related to Multi-State Lottery games
pursuant to the Illinois Lottery Law:
OPERATIONS
Payable from State Lottery Fund:
For Personal Services ........................ $ 9,189,700
For Employee Retirement Contributions
Paid by Employer ............................ 367,600
For State Contributions for the State
Employees' Retirement System ................ 900,600
For State Contributions to
Social Security ............................. 693,800
For Group Insurance .......................... 1,397,800
For Contractual Services ..................... 26,035,900
For Travel ................................... 131,200
For Commodities .............................. 74,000
For Printing.................................. 32,000
For Equipment ................................ 421,500
For Electronic Data Processing ............... 3,448,800
For Telecommunications Services .............. 9,424,800
For Operation of Auto Equipment .............. 275,600
For Expenses of Developing and
Promoting Lottery Games ..................... 11,994,200
For Refunds .................................. 50,000
Total $64,437,500
LOTTERY BOARD
HOUSE OF REPRESENTATIVES 4683
Payable from State Lottery Fund:
For Personal Services - Per Diem
For Board Members ........................... $ 5,300
For State Contributions to State
Employees' Retirement System ................ 500
For State Contributions to
Social Security ............................. 400
For Contractual Services ..................... 500
For Travel ................................... 1,500
Total $8,200
Section 2. The sum of $300,000,000, or so much thereof
as may be necessary, is appropriated from the State Lottery
Fund to the Department of the Lottery, for payment of prizes
to holders of winning lottery tickets or shares, including
prizes related to Multi-State Lottery games, pursuant to the
provisions of the "Illinois Lottery Law".
Section 3. The sum of $35,000, or so much thereof as may
be necessary, is appropriated from the State Lottery Fund to
the Illinois Department of the Lottery, for payment to the
Illinois State Police for investigatory services.
ARTICLE 11
Section 1. The following named amounts, or so much thereof as
may be necessary, respectively, for the purposes hereinafter named,
are appropriated to meet the ordinary and contingent expenses of the
Department of Employment Security:
CENTRAL ADMINISTRATION
Payable from Title III Social Security and
Employment Service Fund:
For Personal Services ........................ $ 5,216,800
For Employee Retirement Contributions
Paid by Employer ............................ 3,683,800
For State Contributions to State
Employees' Retirement System ................ 511,200
For State Contributions to
Social Security ............................. 399,100
For Group Insurance .......................... 591,600
For Contractual Services ..................... 1,175,800
For Travel ................................... 127,300
For Telecommunications Services .............. 237,700
Total $11,943,300
FINANCE AND ADMINISTRATION BUREAU
Payable from Title III Social Security
and Employment Service Fund:
For Personal Services ........................ $ 9,329,200
For State Contributions to State
Employees' Retirement System ................ 914,300
For State Contributions to
Social Security ............................. 713,700
For Group Insurance .......................... 1,177,400
For Contractual Services ..................... 5,500,000
For Travel ................................... 132,600
For Commodities .............................. 1,038,500
For Printing ................................. 1,942,800
For Equipment ................................ 922,400
For Telecommunications Services .............. 547,300
For Operation of Auto Equipment .............. 96,500
Total $22,314,700
Payable from Title III Social Security
and Employment Service Fund:
For expenses related to America's
Labor Market Information System .............. $ 2,000,000
4684 JOURNAL OF THE [May 14, 1999]
INFORMATION SERVICE BUREAU
Payable from Title III Social Security
and Employment Service Fund:
For Personal Services ........................ $ 6,364,600
For State Contributions to State
Employees' Retirement System ................ 623,700
For State Contributions to Social
Security .................................... 486,900
For Group Insurance .......................... 765,600
For Contractual Services ..................... 17,691,400
For Travel ................................... 22,800
For Equipment ................................ 3,107,800
For Telecommunications Services .............. 1,607,200
Total $30,670,000
Section 2. The following named sums, or so much thereof
as may be necessary, are appropriated to the Department of
Employment Security:
OPERATIONS
Payable from Title III Social Security and
Employment Service Fund:
For Personal Services ........................ $ 71,184,600
For State Contributions to State
Employees' Retirement System ................ 6,976,100
For State Contributions to Social
Security .................................... 5,445,600
For Group Insurance .......................... 10,271,800
For Contractual Services ..................... 15,911,400
For Travel ................................... 1,195,600
For Telecommunications Services .............. 5,745,000
For Permanent Improvements ................... 85,000
For Refunds .................................. 300,000
Total $117,115,100
Payable from Title III Social Security
and Employment Service Fund:
For expenses related to ONE STOP
SHOPPING ........................................$3,500,000
Section 2a. The amount of $100,000, or so much thereof
as may be necessary, is appropriated from the Title III
Social Security and Employment Service Fund to the Department
of Employment Security for expenses related to the
development of training programs.
Section 2b. The amount of $3,500,000, or so much thereof
as may be necessary, is appropriated from the Title III
Social Security and Employment Service Fund to the Department
of Employment Security for expenses related to Employment
Security automation.
Section 2c. The amount of $8,000,000, or so much thereof
as may be necessary, is appropriated from the Title III
Social Security and Employment Service Fund to the Department
of Employment Security for expenses related to a Benefit
Information System Redefinition.
Section 2d. The amount of $2,000,000, or so much thereof
as may be necessary, is appropriated to the Department of
Employment Security from the Title III Social Security and
Employment Service Fund for expenses related to Year 2000
Compliance.
Section 2e. The amount of $2,000,000, or so much thereof
as may be necessary is appropriated to the Department of
Employment Security from the Unemployment Compensation
Special Administration Fund for expenses related to Legal
Assistance as required by law.
HOUSE OF REPRESENTATIVES 4685
Section 2f. The amount of $2,000,000, or so much thereof
as may be necessary, is appropriated to the Department of
Employment Security from the Employment Security
Administration Fund for the purposes authorized by Public Act
87-1178.
Section 2g. The amount of $12,200,000, or so much
thereof as may be necessary, is appropriated to the
Department of Employment Security from the Unemployment
Compensation Special Administration Fund for deposit into the
Title III Social Security and Employment Service Fund.
Section 2h. The sum of $1,575,500, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from reappropriations heretofore
made for such purposes in Article 77, Section 2h of Public
Act 90-0585, is reappropriated to the Department of
Employment Security from the Employment Security
Administration Fund for the purposes authorized by Public Act
87-1178.
Section 2i. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Unemployment
Compensation Special Administration Fund to the Department of
Employment Security for Interest on Refunds of Erroneously
Paid Contributions, Penalties and Interest.
Section 3. The sum of $8,400,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Department of Employment Security, Trust Fund
Unit, for unemployment compensation benefits to Former State
Employees.
Section 3a. The following named amounts, or so much
thereof as may be necessary, are appropriated to the
Department of Employment Security, Trust Fund Unit, for
unemployment compensation benefits, other than benefits
provided for in Section 3, to Former State Employees as
follows:
Payable from the Road Fund:
For benefits paid on the basis of wages
paid for insured work for the Department
of Transportation........................... $ 2,000,000
Payable from the Illinois Mathematics
and Science Academy Income Fund .............. 17,600
Payable from Title III Social Security
and Employment Service Fund .................. 1,734,300
Total $3,751,900
Section 4. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Department of Employment Security:
OPERATIONS
Grants-In-Aid
Payable from Title III Social Security
and Employment Service Fund:
For Grants ................................... $ 7,000,000
For a Grant to the Governor's Office of
Planning for Coordination and Planning
of Job Training Activities .................. 150,000
For Tort Claims .............................. 715,000
Total $7,865,000
Section 5. The amount of $526,400, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Department of Employment Security for the purpose
of making grants to community non-profit agencies or
organizations for the operation of a statewide network of
4686 JOURNAL OF THE [May 14, 1999]
outreach services for veterans, as provided for in the
Vietnam Veterans' Act.
ARTICLE 12
Section 1. The following named amounts, or so much thereof as
may be necessary, respectively, are appropriated for the objects and
purposes hereinafter named, to meet the ordinary and contingent
expenses of the Pollution Control Board:
GENERAL OFFICE
Payable from General Revenue Fund:
For Personal Services .......................... $ 696,600
For Employee Retirement Contributions
Paid by Employer .............................. 27,900
For State Contributions to State Employees'
Retirement System ............................ 67,700
For State Contributions to Social Security ..... 53,300
For Contractual Services ....................... 12,000
For Travel ..................................... 1,300
For Commodities ................................ 1,000
For Printing ................................... 1,000
For Electronic Data Processing ................. 1,000
For Telecommunications Services ................ 8,600
Total $870,400
Payable from the Pollution Control Board Fund:
For Contractual Services ....................... $ 15,000
For Printing ................................... 3,000
For Telecommunications ......................... 4,000
For Refunds .................................... 1,000
Total $23,000
Payable from the Environmental Protection Permit
and Inspection Fund:
For Personal Services .......................... $ 495,400
For Employee Retirement Contributions
Paid by Employer .............................. 19,800
For State Contributions to State Employees'
Retirement System ............................ 48,200
For State Contributions to Social Security ..... 37,900
For Group Insurance ............................ 87,000
For Contractual Services ....................... 7,900
For Court Reporting Costs ...................... 5,200
For Travel ..................................... 8,000
For Electronic Data Processing ................. 10,000
For Telecommunications Services ................ 20,000
Total $739,400
Payable from the Clean Air Act Permit Fund:
For Personal Services .......................... $ 459,100
For Employee Retirement Contributions
Paid by Employer .............................. 18,300
For State Contributions to State Employees'
Retirement System ............................ 44,600
For State Contributions to Social Security ..... 35,100
For Group Insurance ............................ 58,000
Total $615,100
Section 2. The amount of $40,000, or so much thereof as
may be necessary, is appropriated from the Used Tire
Management Fund to the Pollution Control Board for the
purposes as provided for in Section 55.6 of the Environmental
Protection Act.
Section 3. The amount of $56,500, or so much thereof as
may be necessary, is appropriated from the Clean Air Act
Permit Fund to the Pollution Control Board for activities
relating to the Clean Air Act Permit Program.
HOUSE OF REPRESENTATIVES 4687
ARTICLE 13
Section 1. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
for the objects and purposes hereinafter named, to meet the
ordinary and contingent expenses of the Property Tax Appeal
Board:
Payable from the General Revenue Fund:
For Personal Services ........................ $ 863,000
For Employee Retirement Contributions
Paid by Employer ............................ 34,500
For State Contributions to State
Employees' Retirement System ................ 82,900
For State Contributions to
Social Security ............................. 65,300
For Contractual Services ..................... 37,500
For Travel ................................... 40,400
For Commodities .............................. 7,300
For Printing ................................. 5,200
For Equipment ................................ 13,600
For Electronic Data Processing ............... 9,200
For Telecommunication Services ............... 17,000
For Operation of Auto Equipment .............. 3,500
Total $1,179,400
Section 2. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
for the objects and purposes hereinafter named, to meet the
ordinary and contingent expenses of the Property Tax Appeal
Board as prescribed under Public Act 89-0126:
Payable from the General Revenue Fund:
For Personal Services ........................ $ 1,227,800
For Employee Retirement
Contributions Paid by
Employer .................................... 49,100
For State Contributions to
State Employees'
Retirement System ........................... 120,300
For State Contributions
to Social Security .......................... 93,100
For Contractual Services ..................... 57,600
For Travel ................................... 29,700
For Commodities .............................. 14,000
For Printing ................................. 19,000
For Equipment ................................ 47,000
For Electronic Data
Processing .................................. 47,700
For Telecommunications ....................... 40,000
For Operation of Auto Equipment .............. 15,200
For Refunds .................................. 1,000
Total $1,761,500
ARTICLE 14
Section 1. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
ADMINISTRATIVE AND SUPPORT DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 747,700
For Employee Retirement Contributions
Paid by Employer ............................ 29,900
4688 JOURNAL OF THE [May 14, 1999]
For State Contributions to the State
Employees' Retirement System ................ 73,300
For State Contributions to
Social Security ............................. 56,600
For Group Insurance .......................... 127,600
For Contractual Services ..................... 838,300
For Travel ................................... 2,000
For Commodities .............................. 49,500
For Printing ................................. 59,800
For Equipment ................................ 109,800
For Telecommunications Services .............. 15,400
For Operation of Auto Equipment .............. 10,600
Total $2,120,500
Payable from Insurance Financial Regulation Fund:
For Personal Services......................... $ 654,100
For Employee Retirement Contributions
Paid by Employer ............................ 26,200
For State Contributions to the State
Employees' Retirement System................. 64,100
For State Contributions to
Social Security.............................. 49,300
For Group Insurance........................... 116,000
For Contractual Services...................... 1,022,000
For Travel.................................... 2,000
For Commodities .............................. 59,500
For Printing.................................. 46,500
For Equipment ................................ 48,600
For Telecommunications Services............... 10,900
For Operation of Auto Equipment............... 7,100
Total $2,106,300
Section 2. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
CONSUMER DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 4,733,000
For Employee Retirement Contributions
Paid by Employer ............................ 189,300
For State Contributions to the State
Employees' Retirement System ................ 463,800
For State Contributions to
Social Security ............................. 358,500
For Group Insurance .......................... 719,200
For Travel ................................... 286,200
For Telecommunications Services .............. 72,900
For Refunds .................................. 75,000
Total $6,897,900
Payable from Insurance Financial Regulation Fund:
For Personal Services ........................ $ 363,600
For Employee Retirement Contributions
Paid by Employer ............................ 14,500
For Retirement ............................... 35,600
For State Contributions to
Social Security ............................. 27,400
For Group Insurance .......................... 52,200
For Travel ................................... 31,100
For Telecommunications Services .............. 9,000
Total $533,400
HOUSE OF REPRESENTATIVES 4689
Section 3. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
FINANCIAL CORPORATE REGULATION
Payable from Insurance Financial Regulation Fund:
For Personal Services ........................ $ 6,059,200
For Employee Retirement Contributions
Paid by Employer ............................ 242,400
For State Contributions to the State
Employees' Retirement System ................ 593,800
For State Contributions to
Social Security ............................. 456,700
For Group Insurance .......................... 794,600
For Travel.................................... 572,200
For Telecommunications Services............... 54,200
For Refunds................................... 100,000
Total $8,873,100
Section 4. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
PENSION DIVISION
Payable from General Revenue Fund:
For Personal Services ........................ $ 334,300
For Employee Retirement Contributions
Paid by Employer ............................ 13,400
For State Contributions to the State
Employees' Retirement System ................ 32,800
For State Contributions to
Social Security ............................. 25,600
For Travel ................................... 34,200
For Printing ................................. 10,500
For Telecommunications Services .............. 5,000
Total $455,800
Payable from Public Pension Regulation Fund:
For Personal Services ........................ $ 252,300
For Employee Retirement Contributions
Paid by Employer ............................ 10,100
For State Contributions to the State
Employees' Retirement System ................ 24,700
For State Contributions to
Social Security ............................. 19,300
For Group Insurance .......................... 40,600
For Contractual Services ..................... 20,000
For Travel ................................... 19,000
For Equipment ................................ 10,000
For Telecommunications Services .............. 1,000
Total $397,000
Section 5. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
STAFF SERVICES DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 550,900
For Employee Retirement Contributions
4690 JOURNAL OF THE [May 14, 1999]
Paid by Employer ............................ 22,100
For State Contributions to the State
Employees' Retirement System ................ 54,000
For State Contributions to
Social Security ............................. 41,700
For Group Insurance .......................... 63,800
For Travel ................................... 38,300
For Telecommunications Services .............. 23,500
Total $794,300
Payable from Insurance Financial Regulation Fund:
For Personal Services ........................ $ 961,200
For Employee Retirement Contributions
Paid by Employer ............................ 38,500
For State Contributions to the State
Employees' Retirement System ................ 94,200
For State Contributions to
Social Security ............................. 72,500
For Group Insurance .......................... 110,200
For Travel ................................... 36,200
For Telecommunications Services .............. 16,900
Total $1,329,700
Section 6. The following named sums, or so much thereof
as may be necessary, respectively, for the objects and
purposes hereinafter named, are appropriated to meet the
ordinary and contingent expenses of the Department of
Insurance:
ELECTRONIC DATA PROCESSING DIVISION
Payable from Insurance Producer
Administration Fund:
For Personal Services ........................ $ 469,700
For Employee Retirement Contributions
Paid by Employer ............................ 18,800
For State Contributions to the State
Employees' Retirement System ................ 46,000
For State Contributions to
Social Security ............................. 35,700
For Group Insurance .......................... 52,200
For Contractual Services ..................... 215,200
For Travel ................................... 8,500
For Commodities .............................. 6,500
For Printing ................................. 6,500
For Equipment ................................ 137,500
For Telecommunications Services .............. 70,200
Total $1,066,800
Payable From Insurance Financial Regulation Fund:
For Personal Services ........................ $ 670,700
For Employee Retirement Contributions
Paid by Employer ............................ 26,800
For State Contributions to the State
Employees' Retirement System................. 65,700
For State Contributions to
Social Security ............................. 50,600
For Group Insurance .......................... 87,000
For Contractual Services ..................... 252,400
For Travel ................................... 8,500
For Commodities .............................. 8,500
For Printing ................................. 3,500
For Equipment ................................ 155,500
For Telecommunications Services .............. 59,000
Total $1,388,200
HOUSE OF REPRESENTATIVES 4691
Section 7. The following named sums, or so much thereof
as may be necessary, are appropriated to the Department of
Insurance for the administration of the Senior Health
Insurance Program:
Payable from the Insurance Producer
Administration Fund .......................... $ 323,500
Payable from the Senior Health
Insurance Program Fund ....................... 500,000
Total $823,500
ARTICLE 15
Section 1. The following named sums, or so much thereof
as may be necessary, for the objects and purposes hereinafter
named, are appropriated from the Road Fund to meet the
ordinary and contingent expenses of the Department of
Transportation:
CENTRAL OFFICES, ADMINISTRATION AND PLANNING
OPERATIONS
For Personal Services ........................ $ 23,165,600
For Employee Retirement Contributions
Paid by State ............................... 926,700
For State Contributions to State
Employees' Retirement System ................ 2,250,300
For State Contributions to Social Security ... 1,646,300
For Contractual Services ..................... 4,359,900
For Travel ................................... 545,600
For Commodities .............................. 598,500
For Printing ................................. 814,100
For Equipment ................................ 597,900
For Equipment:
Purchase of Cars & Trucks ................... 169,400
For Telecommunications Services .............. 817,800
For Operation of Automotive Equipment ........ 150,900
Total $36,043,000
LUMP SUMS
Section 1a. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
For Planning, Research and Development
Purposes .................................... $ 185,000
For costs associated with asbestos
abatement.................................... 575,400
For the DuPage Airport Audit pursuant
to Public Act 88-504 ........................ 102,500
For metropolitan planning and research
purposes as provided by law, provided
such amount shall not exceed funds
to be made available from the federal
government or local sources ................. 19,000,000
For the establishment and operation of
an Illinois Transportation Research
Center and the conduct of transportation
research .................................... 520,000
For metropolitan planning and research
purposes as provided by law ................. 1,000,000
For federal reimbursement of planning
activities as provided by the Transportation
Equity Act for the 21st Century ............. 1,750,000
For the federal share of the Midwest
ITS Priority Corridor Program, provided
expenditures do not exceed funds to be
4692 JOURNAL OF THE [May 14, 1999]
made available by the Federal
Government .................................. 3,000,000
For the state share of the Midwest
ITS Priority Corridor Program ............... 750,000
For a public education campaign
on railroad crossing safety ................ 350,000
For the Department's share of costs
with the Illinois Commerce
Commission for monitoring railroad
crossing safety ............................. 1,446,000
Total $28,678,900
AWARDS AND GRANTS
Section 1b. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
For Tort Claims, including payment
pursuant to P.A. 80-1078 .................... $ 190,400
For representation and indemnification
for the Department of Transportation,
the Illinois State Police and the
Secretary of State provided that the
representation required resulted from
the Road Fund portion of their normal
operations .................................. 260,000
For Enhancement and Congestion
Mitigation and Air Quality
Projects..................................... 40,000,000
For auto liability payments for the
Department of Transportation, the
Illinois State Police and the
Secretary of State provided that
the liability resulted from the
Road Fund portion of their
normal operations ........................... 1,932,200
For payment of claims as provided by the
"Workers' Compensation Act" or the "Workers'
Occupational Diseases Act", including
Treatment, Expenses and Benefits Payable
for Total Temporary Incapacity for Work
for State Employees whose salaries are paid
from the Road Fund:
For Awards and Grants ........................ 10,000,000
Total $52,382,600
Expenditures from appropriations for treatment and
expense may be made after the Department of Transportation
has certified that the injured person was employed and that
the nature of the injury is compensable in accordance with
the provisions of the Workers' Compensation Act or the
Workers' Occupational Diseases Act, and then has determined
the amount of such compensation to be paid to the injured
person. Expenditures for this purpose may be made by the
Department of Transportation without regard to the fiscal
year in which benefit or service was rendered or cost
incurred as allowable or provided by the Workers'
Compensation Act or the Workers' Occupational Diseases Act.
CAPITAL IMPROVEMENTS, HIGHWAYS
PERMANENT IMPROVEMENTS
Section 2. The sum of $6,111,100, or so much thereof as
may be necessary, is appropriated from the Road Fund to the
Department of Transportation for the purchase of land,
HOUSE OF REPRESENTATIVES 4693
construction, repair, alterations and improvements to
maintenance and traffic facilities, district and central
headquarters facilities, storage facilities, grounds, parking
areas and facilities, fencing and underground drainage,
including plans, specifications, utilities and fixed
equipment installed and all costs and charges incident to the
completion thereof at various locations.
BUREAU OF INFORMATION PROCESSING
OPERATIONS
Section 3. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
For Personal Services ........................ $ 5,003,600
For Employee Retirement Contributions
Paid by State ............................... 200,100
For State Contributions to State
Employees' Retirement System ................ 486,000
For State Contributions to Social Security ... 360,800
For Contractual Services ..................... 6,493,500
For Travel ................................... 46,300
For Commodities .............................. 29,200
For Equipment ................................ 3,000
For Electronic Data Processing ............... 1,240,100
For Telecommunications ....................... 1,050,900
Total $14,913,500
Section 4. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
CENTRAL OFFICES, DIVISION OF HIGHWAYS
OPERATIONS
For Personal Services ........................ $ 28,395,000
For Extra Help ............................... 960,400
For Employee Retirement Contributions
Paid by State ............................... 1,174,200
For State Contributions to State
Employees' Retirement System ................ 2,851,600
For State Contributions to Social Security ... 2,025,900
For Contractual Services ..................... 5,070,700
For Travel ................................... 524,200
For Commodities .............................. 447,100
For Equipment ................................ 665,500
For Equipment:
Purchase of Cars and Trucks ................. 117,000
For Telecommunications Services .............. 2,908,600
For Operation of Automotive Equipment ........ 207,200
Total $45,347,400
LUMP SUM
Section 4a. The sum of $425,000, or so much thereof as
may be necessary, is appropriated from the Road Fund to the
Department of Transportation for repair of damages by
motorists to state vehicles and equipment or replacement of
state vehicles and equipment, provided such amount shall not
exceed funds to be made available from collections from
claims filed by the Department to recover the costs of such
damages.
AWARDS AND GRANTS
Section 4b. The sum of $1,170,200, or so much thereof as
may be necessary, is appropriated from the Road Fund to the
Department of Transportation for reimbursement to
4694 JOURNAL OF THE [May 14, 1999]
participating counties in the County Engineers Compensation
Program, providing those reimbursements do not exceed funds
to be made available from their federal highway allocations
retained by the Department.
Section 4b1. The following named sums, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for grants to local
governments for the following purposes:
For reimbursement of eligible expenses
arising from local Traffic Signal
Maintenance Agreements created by Part
468 of the Illinois Department of
Transportation Rules and Regulations.......... $ 200,000
For reimbursement of eligible expenses
arising from City, County, and other
State Maintenance Agreements.................. 8,322,000
Total $8,522,000
Section 4c. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
CONSTRUCTION
For Maintenance, Traffic and Physical
Research Purposes (A) ....................... $ 19,932,500
For Maintenance, Traffic and Physical
Research Purposes (B) ....................... 8,945,400
For costs associated with the
identification and disposal of hazardous
materials at storage facilities ............. 1,158,600
For repair of damages by motorists
to highway guardrails, fencing,
lighting units, bridges, underpasses,
signs, traffic signals, crash
attenuators, landscaping and other
highway appurtenances, provided
such amount shall not exceed funds
to be made available from collections
from claims filed by the Department
to recover the costs of such
damages ..................................... 4,000,000
Total $34,036,500
REFUNDS
Section 4d. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
For Refunds ...................................... $ 28,000
Section 5. The following named sums, or so much thereof
as may be necessary, for the objects and purposes hereinafter
named, are appropriated from the Road Fund to the Department
of Transportation for the ordinary and contingent expenses of
the Division of Traffic Safety:
TRAFFIC SAFETY
OPERATIONS
For Personal Services ........................ $ 6,082,700
For Employee Retirement Contributions
Paid by State ............................... 243,300
For State Contributions to State
Employees' Retirement System ................ 590,900
For State Contributions to Social Security ... 417,800
For Contractual Services ..................... 1,342,800
HOUSE OF REPRESENTATIVES 4695
For Travel ................................... 63,100
For Commodities .............................. 38,000
For Printing ................................. 321,900
For Equipment ................................ 47,000
For Equipment:
Purchase of Cars and Trucks ................ 115,300
For Telecommunications Services .............. 143,800
For Operation of Automotive Equipment ........ 71,900
For Refunds .................................. 9,200
Total $9,487,700
Section 5a. The following named sums, or so much thereof
as may be necessary, for the objects and purposes hereinafter
named, are appropriated from the Cycle Rider Safety Training
Fund, as authorized by Public Act 82-0649, to the Department
of Transportation for the administration of the Cycle Rider
Safety Training Program by the Division of Traffic Safety:
For Personal Services ........................ $ 124,500
For Employee Contribution to
Retirement System by Employer ............... 5,000
For State Contributions to State
Employees' Retirement System ................ 12,100
For State Contributions to Social Security ... 9,300
For Group Insurance .......................... 19,600
For Contractual Services ..................... 10,400
For Travel ................................... 13,900
For Commodities .............................. 1,000
For Printing ................................. 2,300
For Equipment ................................ 2,300
For Operation of Automotive Equipment ........ 5,200
Total $205,600
AWARDS AND GRANTS
Section 5a1. The sum of $1,600,000, or so much thereof
as may be necessary, is appropriated from the Cycle Rider
Safety Training Fund, as authorized by Public Act 82-0649, to
the Department of Transportation for reimbursement to State
and local universities and colleges for Cycle Rider Safety
Training Programs.
Section 6. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DAY LABOR
OPERATIONS
For Personal Services ........................ $ 4,611,300
For Employee Retirement Contributions
Paid by State ............................... 184,500
For State Contributions to State
Employees' Retirement System ................ 447,900
For State Contributions to Social Security ... 352,800
For Contractual Services ..................... 853,600
For Travel ................................... 142,300
For Commodities .............................. 145,300
For Equipment ................................ 202,300
For Equipment:
Purchase of Cars and Trucks ................. 40,000
For Telecommunications Services .............. 31,800
For Operation of Automotive Equipment ........ 212,700
Total $7,224,500
Section 7. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
4696 JOURNAL OF THE [May 14, 1999]
purposes hereinafter named:
DISTRICT 1, SCHAUMBURG OFFICE
OPERATIONS
For Personal Services ........................ $ 73,087,200
For Extra Help ............................... 6,115,700
For Employee Retirement Contributions
Paid by State ............................... 3,168,200
For State Contributions to State
Employees' Retirement System ................ 7,693,700
For State Contributions to Social Security ... 5,932,300
For Contractual Services ..................... 14,955,200
For Travel ................................... 235,200
For Commodities .............................. 4,970,300
For Equipment ................................ 1,287,600
For Equipment:
Purchase of Cars and Trucks ................. 3,459,800
For Telecommunications Services .............. 1,268,100
For Operation of Automotive Equipment ........ 5,708,800
Total $127,882,100
Section 8. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 2, DIXON OFFICE
OPERATIONS
For Personal Services ........................ $ 22,157,000
For Extra Help ............................... 2,046,400
For Employee Retirement Contributions
Paid by State ............................... 968,100
For State Contributions to State
Employees' Retirement System ................ 2,351,100
For State Contributions to Social Security ... 1,770,000
For Contractual Services ..................... 3,469,500
For Travel ................................... 157,100
For Commodities .............................. 1,682,600
For Equipment ................................ 765,200
For Equipment:
Purchase of Cars and Trucks ................. 1,163,400
For Telecommunications Services .............. 205,500
For Operation of Automotive Equipment ........ 2,037,800
Total $38,773,700
Section 9. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 3, OTTAWA OFFICE
OPERATIONS
For Personal Services ........................ $ 20,475,200
For Extra Help ............................... 1,751,000
For Employee Retirement Contributions
Paid by State ............................... 889,000
For State Contributions to State
Employees' Retirement System ................ 2,159,000
For State Contributions to Social Security ... 1,625,400
For Contractual Services ..................... 3,064,100
For Travel ................................... 113,200
For Commodities .............................. 1,979,200
For Equipment ................................ 854,200
For Equipment:
Purchase of Cars and Trucks ................. 1,176,100
For Telecommunications Services .............. 176,300
HOUSE OF REPRESENTATIVES 4697
For Operation of Automotive Equipment ........ 1,896,700
Total $36,159,400
Section 10. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 4, PEORIA OFFICE
OPERATIONS
For Personal Services ........................ $ 17,690,300
For Extra Help ............................... 1,955,500
For Employee Retirement Contributions
Paid by State ............................... 785,900
For State Contributions to State
Employees' Retirement System ................ 1,908,400
For State Contributions to Social Security ... 1,396,300
For Contractual Services ..................... 3,672,400
For Travel ................................... 135,200
For Commodities .............................. 1,062,800
For Equipment ................................ 952,400
For Equipment:
Purchase of Cars and Trucks ................. 909,000
For Telecommunications Services .............. 197,000
For Operation of Automotive Equipment ........ 1,408,500
Total $32,073,700
Section 11. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 5, PARIS OFFICE
OPERATIONS
For Personal Services ........................ $ 20,315,500
For Extra Help ............................... 1,407,500
For Employee Retirement Contributions
Paid by State ............................... 868,900
For State Contributions to State
Employees' Retirement System ................ 2,110,200
For State Contributions to Social Security ... 1,543,900
For Contractual Services ..................... 2,766,100
For Travel ................................... 92,900
For Commodities .............................. 1,227,200
For Equipment ................................ 613,900
For Equipment:
Purchase of Cars and Trucks ................. 739,200
For Telecommunications Services .............. 146,100
For Operation of Automotive Equipment ........ 1,604,700
Total $33,436,100
Section 12. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 6, SPRINGFIELD OFFICE
OPERATIONS
For Personal Services ........................ $ 20,810,300
For Extra Help ............................... 1,104,300
For Employee Retirement Contributions
Paid by State ............................... 876,600
For State Contributions to State
Employees' Retirement System ................ 2,128,800
For State Contributions to Social Security ... 1,602,600
For Contractual Services ..................... 3,424,900
For Travel ................................... 132,500
4698 JOURNAL OF THE [May 14, 1999]
For Commodities .............................. 1,331,700
For Equipment ................................ 590,800
For Equipment:
Purchase of Cars and Trucks ................. 1,096,600
For Telecommunications Services .............. 198,100
For Operation of Automotive Equipment ........ 1,699,400
Total $34,996,600
Section 13. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 7, EFFINGHAM OFFICE
OPERATIONS
For Personal Services ........................ $ 14,195,700
For Extra Help ............................... 844,600
For Employee Retirement Contributions
Paid by State ............................... 601,600
For State Contributions to State
Employees' Retirement System ................ 1,461,000
For State Contributions to Social Security ... 1,037,900
For Contractual Services ..................... 1,891,200
For Travel ................................... 164,500
For Commodities .............................. 713,400
For Equipment ................................ 725,100
For Equipment:
Purchase of Cars and Trucks ................. 825,400
For Telecommunications Services .............. 270,100
For Operation of Automotive Equipment ........ 888,600
Total $23,619,100
Section 14. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 8, COLLINSVILLE OFFICE
OPERATIONS
For Personal Services ........................ $ 26,820,700
For Extra Help ............................... 1,681,400
For Employee Retirement Contributions
Paid by State ............................... 1,140,100
For State Contributions to State
Employees' Retirement System ................ 2,768,700
For State Contributions to Social Security ... 1,996,300
For Contractual Services ..................... 5,507,100
For Travel ................................... 227,100
For Commodities .............................. 1,303,000
For Equipment ................................ 940,400
For Equipment:
Purchase of Cars and Trucks ................. 1,280,200
For Telecommunications Services .............. 336,000
For Operation of Automotive Equipment ........ 1,807,400
Total $45,808,400
Section 15. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
DISTRICT 9, CARBONDALE OFFICE
OPERATIONS
For Personal Services ........................ $ 13,724,600
For Extra Help ............................... 1,366,300
For Employee Retirement Contributions
Paid by State ............................... 603,600
HOUSE OF REPRESENTATIVES 4699
For State Contributions to State
Employees' Retirement System ................ 1,465,900
For State Contributions to Social Security ... 994,700
For Contractual Services ..................... 2,199,600
For Travel ................................... 66,200
For Commodities .............................. 601,000
For Equipment ................................ 672,300
For Equipment:
Purchase of Cars and Trucks ................. 1,023,000
For Telecommunications Services .............. 102,500
For Operation of Automotive Equipment ........ 1,047,900
Total $23,867,600
Section 16. The following named amounts, or so much
thereof as may be necessary, are appropriated from the Road
Fund to the Department of Transportation for the objects and
purposes hereinafter named:
CONSTRUCTION DIVISION
AWARDS AND GRANTS
For apportionment to counties for
construction of township bridges 20
feet or more in length as provided
in Section 6-901 through 6-906 of the
"Illinois Highway Code" ..................... $ 15,000,000
For apportionment to needy counties,
as determined by the Department in
consultation with the County
Superintendent of Highways .................. 2,000,000
For apportionment to needy Townships and
Road Districts, as determined by the
Department in consultation with the County
Superintendents of Highways, Township
Highway Commissioners, or Road District
Highway Commissioners ....................... 5,000,000
For apportionment to counties that have
had decreases in their assessed valuation
as determined by the Department in
consultation with the County
Superintendents of Highways ................. 2,400,000
For apportionment to high-growth counties, as
determined by the Department in consultation
with the County Superintendents
of Highways ................................. 2,000,000
For apportionment to high-growth cities over
5,000 in population, as determined by the
Department in consultation with the Illinois
Municipal League ............................ 2,000,000
Total $28,400,000
CONSTRUCTION
Section 16b. The sum of $886,600,000 or so much thereof
as may be necessary, is appropriated from the Road Fund to
the Department of Transportation for preliminary engineering
and construction engineering and contract costs of
construction, including reconstruction, extension and
improvement of State highways, arterial highways, roads,
access areas, roadside shelters, rest areas, fringe parking
facilities and sanitary facilities, and such other purposes
as provided by the "Illinois Highway Code"; for purposes
allowed or required by Title 23 of the U.S. Code; for
bikeways as provided by Public Act 78-0850; and for land
acquisition and signboard removal and control, junkyard
removal and control and preservation of natural beauty; and
4700 JOURNAL OF THE [May 14, 1999]
for capital improvements which directly facilitate an
effective vehicle weight enforcement program, such as scales
(fixed and portable), scale pits and scale installations, and
scale houses, in accordance with applicable laws and
regulations.
Section 16b1. The sum of $675,000,000 or so much thereof
as may be necessary, is appropriated from the State
Construction Account Fund to the Department of Transportation
for preliminary engineering and construction engineering and
contract costs of construction, including reconstruction,
extension and improvement of State highways, arterial
highways, roads, access areas, roadside shelters, rest areas,
fringe parking facilities and sanitary facilities, and such
other purposes as provided by the "Illinois Highway Code";
for purposes allowed or required by Title 23 of the U.S.
Code; for bikeways as provided by Public Act 78-0850; and for
land acquisition and signboard removal and control, junkyard
removal and control and preservation of natural beauty; and
for capital improvements which directly facilitate an
effective vehicle weight enforcement program, such as scales
(fixed and portable), scale pits and scale installations, and
scale houses, in accordance with applicable laws and
regulations.
GRADE CROSSING PROTECTION
CONSTRUCTION
Section 17. The sum of $17,250,000, or so much thereof
as may be necessary, is appropriated from the Grade Crossing
Protection Fund to the Department of Transportation for the
installation of grade crossing protection or grade
separations at places where a public highway crosses a
railroad at grade, as ordered by the Illinois Commerce
Commission, as provided by law.
Section 18. The following named sums, or so much thereof
as may be necessary, for the objects and purposes hereinafter
named, are appropriated to the Department of Transportation
for the ordinary and contingent expenses of Aeronautics
Operations:
AERONAUTICS DIVISION
OPERATIONS
For Personal Services:
Payable from the Road Fund ................... $ 5,522,300
For Employee Retirement Contributions
Paid by State:
Payable from the Road Fund ................... 220,900
For State Contributions to State
Employees' Retirement System:
Payable from the Road Fund ................... 536,400
For State Contributions to Social Security:
Payable from the Road Fund ................... 422,500
For Contractual Services:
Payable from the Road Fund ................... 3,337,300
Payable from Air Transportation
Revolving Fund .............................. 1,000,000
For Travel:
Payable from the Road Fund ................... 127,000
For Travel: Executive Air Transportation
Expenses of the General Assembly:
Payable from the General Revenue Fund ........ 190,100
For Travel: Executive Air Transportation
Expenses of the Governor's Office:
Payable from the General Revenue Fund ........ 179,900
HOUSE OF REPRESENTATIVES 4701
For Commodities:
Payable from Aeronautics Fund ................ 300,000
Payable from the Road Fund ................... 379,100
For Equipment:
Payable from the Road Fund ................... 131,000
For Equipment; Purchase of Cars and Trucks:
Payable from the Road Fund ................... 16,900
For Telecommunications Services:
Payable from the Road Fund ................... 104,100
For Operation of Automotive Equipment:
Payable from the Road Fund ................... 23,600
Total $12,491,100
AWARDS AND GRANTS
Section 18a. The sum of $102,790,900, or so much thereof
as may be necessary, is appropriated from the Federal/Local
Airport Fund to the Department of Transportation for funding
the local or federal share of airport improvement projects
undertaken pursuant to pertinent state or federal laws,
provided such amounts shall not exceed funds available from
federal and/or local sources.
Section 18a1. The sum of $14,515,100, or so much thereof
as may be necessary, is appropriated from Transportation Bond