HOUSE OF REPRESENTATIVES 5383 HOUSE JOURNAL HOUSE OF REPRESENTATIVES NINETY-FIRST GENERAL ASSEMBLY 56TH LEGISLATIVE DAY FRIDAY, MAY 21, 1999 10:00 O'CLOCK A.M. The House met pursuant to adjournment. Representative Lang in the Chair. Prayer by Reverend Arthur Joplin with the Church of God in Marion, Illinois. Representative Garrett 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 Hartke and Osmond were excused from attendance. TEMPORARY COMMITTEE ASSIGNMENTS The Speaker announced the following temporary committee assignments: Representative Currie replaced Representative Garrett in the Committee on Elementary & Secondary Education on May 18, 1999. Representative Joseph Lyons replaced Representative Crotty in the Committee on Registration & Regulation on May 20, 1999. Representative Garrett replaced Representative Curry in the Committee on State Government Administration & Election Reform on May 20, 1999. Representative Gash replaced Representative Silva, Representative Bradley replaced Representative Morrow, and Representative Giglio replaced Representative Hartke in the Committee on State Procurement on May 20, 1999. Representative McGuire replaced Representative Scott, and Representative Holbrook replaced Representative Hartke in the Committee on Local Government on May 20, 1999. Representative McCarthy will replace Representative Ronen, Representative Boland will replace Representative Giles, Representative Sharp will replace Representative Smith, Representative Bradley will replace Representative Garrett, Representative McGuire will replace Representative Fowler,
5384 JOURNAL OF THE [May 21, 1999] Representative Hamos will replace Representative O'Brien, and Representative Ronen will replace Representative Curry in the Committee on Elementary & Secondary Education, for today only. Representative Schoenberg will replace Representative Feigenholtz in the Committee on State Government Administration & Election Reform, for today only. Representative Slone will replace Representative Novak in the Committee on Veteran's Affairs, for today only. Representative Silva will replace Representative McCarthy in the Committee on Urban Revitalization, for today only. Representative Brunsvold replaced Representative Fritchey in the Committee on Executive on May 20, 1999. Representative Winters replaced Representative Sommer in the Committee on State Government Administration on May 20, 1999. Representative Hassert replaced Representative Cross in the Committee on Revenue on May 20, 1999. Representative Sommer replaced Representative Stephens in the Committee on Registration & Regulation on May 20, 1999. Representative Wirsing replaced Representative Moffit in the Committee on State Procurement on May 20, 1999. Representative Ryder replaced Representative Beaubien, and Representative Wojick replaced Representative Poe in the Committee on Executive on May 20, 1999. Representative Skinner will replace Representative Bassi, Representative Parke will replace Representative John Jones, and Representative Schmitz will replace Representative Moffitt in the Committee on Elementary & Secondary Education, for today only. Representative Righter will replace Representative McAuliffe, and Representative Poe will replace Representative Zickus in the Committee on Transportation & Motor Vehicles, for today only. Representative Pankau will replace Representative Wirsing in the Committee on Human Services, for today only. Representative Klingler will replace Representative Bill Mitchell in the Committee on State Government Administration, for today only. Representative Kosel will replace Representative Lawfer in the Committee on Environment & Energy, for today only. LETTER OF TRANSMITTAL May 21, 1999 Anthony D. Rossi Clerk of the House HOUSE OF REPRESENTATIVES 402 Capitol Building Springfield, Illinois 62706 Dear Mr. Clerk: Please be advised that I have extended the Committee Deadline and Third Reading Deadline for Senate Bills 579, 851, 1047 and 1103 until May 31, 1999. If you have any questions please contact my Chief of staff, Tim Mapes. With kindest personal regards, I remain Sincerely yours, s/Michael J. Madigan
HOUSE OF REPRESENTATIVES 5385 Speaker of the House 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 following Senate Bills until May 31, 1999. SENATE BILLS 26, 55, 144, 251, 286, 311, 349, 369, 371, 415, 583, 584, 585, 586, 587, 588, 589, 590, 591, 593, 594, 596, 597, 598, 599, 600, 601, 604, 606, 609, 613, 614, 616, 618, 619, 621, 622, 623, 625, 627, 628, 631, 801, 840, 856, 877, 941, 956, 962, 1008, 1015, 1020, 1079 and 1125. I have also extended the Third Reading deadline for HB 474 until December 2, 1999. If you have any questions please contact my Chief of staff, Tim Mapes. Mapes, my Chief of Staff. 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 452, 575, 581, 582, 646, 659, 736, 823, 906, 945, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1104 and 1131. SUBCOMMITTEE ASSIGNMENTS Representative Joseph Lyons, Chairperson from the Committee on Child Support Enforcement, appointed the following members: Subcommittee on Child Support Procedures in Cook County: Representative Hamos, Chairperson. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 266 and HOUSE JOINT RESOLUTION 26. That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 63. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 521. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1327.
5386 JOURNAL OF THE [May 21, 1999] Motion to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1622. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1825. Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2163. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 2180. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 311. Amendment No. 3 to SENATE BILL 369. Amendment No. 3 to SENATE BILL 618. Amendment No. 5 to SENATE BILL 1017. The committee roll call vote on Amendment No. 5 to SENATE BILL 1017 is as follows: 4, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse N Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Revenue: FIRST CONFERENCE COMMITTEE REPORTS TO SENATE BILLS 1018, 1028 and 1066. MOTIONS SUBMITTED Representative Fritchey submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 65, and having voted on the prevailing side, I move to reconsider the vote by which SENATE BILL 286 failed the House earlier today. JOINT ACTION MOTIONS SUBMITTED Representative Brunsvold 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 606. Representative Crotty 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 1134. 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 1968.
HOUSE OF REPRESENTATIVES 5387 Representative Leitch submitted the following written motion, which was referred to the Committee on Rules: MOTION #2 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 2166. Representative Shirley Jones 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 2310. Representative Hannig 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, 2 and 3 to HOUSE BILL 452. Representative Capparelli submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #2 I move to non-concur with Senate Amendment No. 4 to HOUSE BILL 619. Representative Schmitz submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #2 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 1812. Representative Ryder 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 2518. Representative Hannig 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 2793. Representative Novak 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 24. Representative Currie 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 Amendments numbered 1, 2 and 3 to SENATE BILL 652. FISCAL NOTES SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 311, as amended and 1017, as amended. STATE MANDATE ACT NOTES SUPPLIED
5388 JOURNAL OF THE [May 21, 1999] State Mandate Act Notes have been supplied for SENATE BILLS 659, as amended and 1017, as amended. JUDICIAL NOTE SUPPLIED A Judicial Note has been supplied for SENATE BILL 659, as amended. HOME RULE IMPACT NOTES SUPPLIED Home Rule Impact Notes have been supplied for SENATE BILLS 659, as amended and 1017, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for SENATE BILL 856, as amended. CORRECTIONAL BUDGET & IMPACT NOTE SUPPLIED A Correctional Budget & Impact Note has been supplied for SENATE BILL 1017, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for SENATE BILL 1017, as amended. BALANCED BUDGET NOTE SUPPLIED A Balanced Budget Note has been supplied for SENATE BILL 1017, as amended. REQUEST FOR LAND CONVEYANCE APPRAISAL NOTE Representative Black requested that a Land Conveyance Appraisal Note be supplied for SENATE BILL 311, as amended. LAND CONVEYANCE NOTE SUPPLIED A Land Conveyance Note has been supplied for SENATE BILL 1017, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the passage of bills of the following titles to-wit: HOUSE BILL NO. 2771
HOUSE OF REPRESENTATIVES 5389 A bill for AN ACT to amend the Public Utilities Act by changing Section 13-901. Passed by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 203 A bill for AN ACT to amend the Illinois Vehicle Code by changing Section 11-208. House Amendment No. 1 to SENATE BILL NO. 203. House Amendment No. 2 to SENATE BILL NO. 203. Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 283 A bill for AN ACT to conform State statutes to existing State practice. House Amendment No. 1 to SENATE BILL NO. 283. Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 741 A bill for AN ACT to amend the Illinois Vehicle Code by changing Sections 11-1425, 18c-7502, and 18c-7503. House Amendment No. 1 to SENATE BILL NO. 741.
5390 JOURNAL OF THE [May 21, 1999] Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 752 A bill for AN ACT concerning small businesses. House Amendment No. 1 to SENATE BILL NO. 752. Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendment to a bill of the following title, to-wit: SENATE BILL NO. 786 A bill for AN ACT promoting micro-enterprise and self-employment in Illinois. House Amendment No. 2 to SENATE BILL NO. 786. Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 574 A bill for AN ACT in relation to capital litigation. House Amendment No. 1 to SENATE BILL NO. 574. House Amendment No. 3 to SENATE BILL NO. 574.
HOUSE OF REPRESENTATIVES 5391 Action taken by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 608 A bill for AN ACT regarding appropriations. House Amendment No. 1 to SENATE BILL NO. 608. House Amendment No. 2 to SENATE BILL NO. 608. Action taken by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 615 A bill for AN ACT making appropriations. House Amendment No. 1 to SENATE BILL NO. 615. House Amendment No. 3 to SENATE BILL NO. 615. Action taken by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendments to: SENATE BILL NO. 652 A bill for AN ACT to amend the School Code by changing Section 34-2.3. I am further directed to inform the House of Representatives that
5392 JOURNAL OF THE [May 21, 1999] the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Cronin, O'Malley, Karpiel; Berman and Demuzio. Action taken by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 1014 A bill for AN ACT concerning the State Treasurer. I am further directed to inform the House of Representatives that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate: Senators: Watson, Klemm, Petka; Shaw and Demuzio. Action taken by the Senate, May 20, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in adoption of the following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 26 Concurred in the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in adoption of the following joint resolution, to-wit: HOUSE JOINT RESOLUTION NO. 27 Concurred in the Senate, May 21, 1999. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report:
HOUSE OF REPRESENTATIVES 5393 HOUSE BILL NO. 52 Adopted by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 52 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 52, recommend the following: 1. that the Senate recede from Senate Amendment 1; and 2. that the title of the Bill be replaced with the following: "AN ACT regarding appropriations."; and 3. that House Bill 52 be amended 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 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
5394 JOURNAL OF THE [May 21, 1999] 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 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.
HOUSE OF REPRESENTATIVES 5395 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 until after the purpose and amounts have been approved in writing by the Governor. ARTICLE 4 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 5 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 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
5396 JOURNAL OF THE [May 21, 1999] 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 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
HOUSE OF REPRESENTATIVES 5397 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 expenses relating to the federally funded State Indoor Radon Abatement Program. tf 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. tf 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
5398 JOURNAL OF THE [May 21, 1999] 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. tf 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. tf 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. tf 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. tf Section 11. The sum of $650,000, or so much thereof as may be necessary, is appropriated from the Radiation Protection Fund to the Department of Nuclear Safety to provide for Federally Funded Low-Level Radioactive Waste Intergovernmental Programs. tf Section 12. The sum of $30,000, or so much thereof as may be necessary, is appropriated from the Sheffield Agreed Order Fund to the Department of Nuclear Safey for the care, maintenance, monitoring, tesing, remediation and insurance of the low-level radioactive waste disposal site near Sheffield, Illinois. tf ARTICLE 6 tf Section 1. The following named sums, or so much thereof as may be necessary, are appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Illinois Environmental Protection Agency as follows: To Support Enhanced Environmental Protection and Enforcement Activities .....................$ 625,000 tf 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, protection, and educational activities .....................................$ 625,000 tf
HOUSE OF REPRESENTATIVES 5399 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 tf 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 tf ARTICLE 7 tf 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. tf ARTICLE 8 tf 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
5400 JOURNAL OF THE [May 21, 1999] For Telecommunications Services .............. 6,500 For Operation of Auto Equipment .............. 1,800 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 tf 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". tf 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." tf ARTICLE 9 tf 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
HOUSE OF REPRESENTATIVES 5401 For Expenses of Developing and Promoting Lottery Games ..................... 11,994,200 For Refunds .................................. 50,000 Total $64,437,500 LOTTERY BOARD 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 tf 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". tf 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. tf ARTICLE 10 tf 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
5402 JOURNAL OF THE [May 21, 1999] 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 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 tf 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 tf 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. tf 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. tf 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.
HOUSE OF REPRESENTATIVES 5403 tf 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. tf 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. tf 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. tf 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. tf 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. tf 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. tf 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. tf 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 tf 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
5404 JOURNAL OF THE [May 21, 1999] 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 tf 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 outreach services for veterans, as provided for in the Vietnam Veterans' Act. tf ARTICLE 11 tf 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
HOUSE OF REPRESENTATIVES 5405 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 tf 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. tf 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. tf ARTICLE 12 tf 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 tf 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
5406 JOURNAL OF THE [May 21, 1999] 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 tf ARTICLE 13 tf 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 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 tf 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
HOUSE OF REPRESENTATIVES 5407 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 tf 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 tf 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
5408 JOURNAL OF THE [May 21, 1999] 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 tf 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 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 tf 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
HOUSE OF REPRESENTATIVES 5409 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 tf 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 tf ARTICLE 14 tf 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 Illinois Arts Council: Payable from the General Revenue Fund: For Personal Services ........................ $ 1,027,500 For Employee Retirement Contributions Paid by Employer ............................ 41,100 For State Contributions to State Employees' Retirement Contributions ......... 99,800 For State Contributions to Social Security ............................. 78,600 For Contractual Services ..................... 146,800 For Travel ................................... 28,200 For Commodities .............................. 10,900 For Printing ................................. 59,800 For Equipment ................................ 2,000 For Electronic Data Processing ............... 21,300 For Telecommunications Services .............. 28,100 For Travel and Meeting Expenses of Arts Council and Panel Members .............. 44,200
5410 JOURNAL OF THE [May 21, 1999] Total $1,588,300 tf 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 the Illinois Arts Council to enhance the cultural environment in Illinois: Payable from General Revenue Fund: For Grants and Financial Assistance for Arts Organizations .......................... $6,455,000 For Grants and Financial Assistance for Special Constituencies ...................... 2,634,600 For Grants and Financial Assistance for Arts Education .............................. 1,520,000 Total $10,609,600 Payable from Illinois Arts Council Federal Grant Fund: For Grants and Programs to Enhance the Cultural Environment ......................$ 700,000 tf Section 3. The sum of $750,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Arts Council for the purpose of funding administrative and grant expenses associated with humanities programs and related activities. tf ARTICLE 15 tf Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Illinois Medical District Commission: Payable from General Revenue Fund: For Personal Services......................... $ 290,900 For Employee Retirement Contributions Paid by Employer ............................ 11,600 For State Contributions to the State Employees' Retirement System ................ 28,500 For State Contributions to Social Security.............................. 22,000 For Contractual Services ..................... 275,000 For Operation of Chicago Technology Park Research Center and for Development and Operation of the Chicago Technology Park within the Medical Center District ..................... 116,900 Total $744,900 tf Section 2. The sum of $162,800, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Medical District Commission for repairs, maintenance, and site improvements within the Medical Center District, City of Chicago. tf Section 3. The sum of $5,000,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Illinois Medical District Commission for acquisition of property, demolition and site improvements, and related costs within the Medical Center District, City of Chicago for Phase IV of District Development Initiative. tf
HOUSE OF REPRESENTATIVES 5411 Section 4. The sum of $300,000, 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 84, Section 3 of Public Act 90-585, is reappropriated from the Capital Development Fund to the Illinois Medical District Commission for acquisition of property, demolition and site improvements, and related costs within the Medical Center District, City of Chicago for Phase III of District Development Initiative. tf Section 5. No contract shall be entered into or obligation incurred for any expenditures from appropriations in Sections 2, 3 and 4 of this Article until the purposes and amounts have been approved in writing by the Governor. tf Section 999. Effective date. This Act takes effect July 1, 1999.". Submitted on May 21, 1999 s/Sen. Steven Rauschenberger s/Rep. Gary Hannig s/Sen. Laura Kent Donahue s/Rep. Jeffrey Schoenberg s/Sen. John W. Maitland, Jr. s/Rep. Michael J. Madigan s/Sen. Donne Trotter s/Rep. Tom Ryder s/Sen. Pat Welch s/Rep. Art Tenhouse Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 1028 Adopted by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 1028 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1028, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 1028 be amended as follows: by replacing the title with the following: "AN ACT in relation to transportation financing, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Sections 5.491 and 6z-48 and changing Section 8.3 as follows: (30 ILCS 105/5.491 new) Sec. 5.491. The Motor Vehicle License Plate Fund. (30 ILCS 105/6z-48 new) Sec. 6z-48. Motor Vehicle License Plate Fund. (a) The Motor Vehicle License Plate Fund is hereby created as a special fund in the State Treasury. The Fund shall consist of the
5412 JOURNAL OF THE [May 21, 1999] deposits provided for in Section 2-119 of the Illinois Vehicle Code and any moneys appropriated to the Fund. (b) The Motor Vehicle License Plate Fund shall be used, subject to appropriation, for the costs incident to providing new or replacement license plates for motor vehicles. (c) Any balance remaining in the Motor Vehicle License Plate Fund at the close of business on December 31, 2004 shall be transferred into the Road Fund, and the Motor Vehicle License Plate Fund is abolished when that transfer has been made. (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) Sec. 8.3. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code, except the cost of administration of Articles I and II of Chapter 3 of that Code; and secondly -- for expenses of the Department of Transportation for construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways in accordance with the provisions of laws relating thereto, or for any purpose related or incident to and connected therewith, including the separation of grades of those highways with railroads and with highways and including the payment of awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway right-of-way or for investigations to determine the reasonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in the construction and maintenance of flight strips and of highways necessary to provide access to military and naval reservations, to defense industries and defense-industry sites, and to the sources of raw materials and for replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites, or for the purchase of right-of-way, except that the State shall be reimbursed in full for any expense incurred in building the flight strips; or for the operating and maintaining of highway garages; or for patrolling and policing the public highways and conserving the peace; or for any of those purposes or any other purpose that may be provided by law. Appropriations for any of those purposes are payable from the Road Fund. Appropriations may also be made from the Road Fund for the administrative expenses of any State agency that are related to motor vehicles or arise from the use of motor vehicles. Beginning with fiscal year 1980 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement; 1. Department of Public Health; 2. Department of Transportation, only with respect to
HOUSE OF REPRESENTATIVES 5413 subsidies for one-half fare Student Transportation and Reduced Fare for Elderly; 3. Department of Central Management Services, except for expenditures incurred for group insurance premiums of appropriate personnel; 4. Judicial Systems and Agencies. Beginning with fiscal year 1981 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except for expenditures with respect to the Division of State Troopers; 2. Department of Transportation, only with respect to Intercity Rail Subsidies and Rail Freight Services. Beginning with fiscal year 1982 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: Department of Central Management Services, except for awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except not more than 40% of the funds appropriated for the Division of State Troopers; 2. State Officers. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to any Department or agency of State government for administration, grants, or operations except as provided hereafter; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement. It shall not be lawful to circumvent the above appropriation limitations by governmental reorganization or other methods. Appropriations shall be made from the Road Fund only in accordance with the provisions of this Section. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging during each fiscal year the principal and interest on that bonded indebtedness as it becomes due and payable as provided in the Transportation Bond Act, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code; and secondly -- no Road Fund monies derived from fees, excises, or license taxes relating to registration, operation and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of administering the laws imposing those fees, excises, and license taxes, statutory refunds and adjustments allowed
5414 JOURNAL OF THE [May 21, 1999] thereunder, administrative costs of the Department of Transportation, payment of debts and liabilities incurred in construction and reconstruction of public highways and bridges, acquisition of rights-of-way for and the cost of construction, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and supervision of the State, political subdivision, or municipality collecting those monies, and the costs for patrolling and policing the public highways (by State, political subdivision, or municipality collecting that money) for enforcement of traffic laws. The separation of grades of such highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall also be permissible. Appropriations for any of such purposes are payable from the Road Fund or the Grade Crossing Protection Fund as provided in Section 8 of the Motor Fuel Tax Law. Beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of its total fiscal year 1990 Road Fund appropriations for those purposes unless otherwise provided in Section 5g of this Act. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods unless otherwise provided in Section 5g of this Act. In fiscal year 1994, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1991 Road Fund appropriations to the Secretary of State for those purposes, plus $9,800,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other method. Beginning with fiscal year 1995 and thereafter, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1994 Road Fund appropriations to the Secretary of State for those purposes. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. Beginning with fiscal year 2000, total Road Fund appropriations to the Secretary of State for the purposes of this Section shall not exceed the amounts specified for the following fiscal years: Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000; Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $80,500,000; Fiscal Year 2004 and each year thereafter $30,500,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. No new program may be initiated in fiscal year 1991 and thereafter that is not consistent with the limitations imposed by this Section for fiscal year 1984 and thereafter, insofar as appropriation of Road Fund monies is concerned. Nothing in this Section prohibits transfers from the Road Fund to the State Construction Account Fund under Section 5e of this Act. (Source: P.A. 87-774; 87-1228; 88-78.) Section 10. The Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 105/9) (from Ch. 120, par. 439.9) Sec. 9. Except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, each retailer required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to
HOUSE OF REPRESENTATIVES 5415 file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. A retailer need not remit that part of any tax collected by him to the extent that he is required to remit and does remit the tax imposed by the Retailers' Occupation Tax Act, with respect to the sale of the same property. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the retailer, in collecting the tax (except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State), may collect for each tax return period, only the tax applicable to that part of the selling price actually received during such tax return period. Except as provided in this Section, on or before the twentieth day of each calendar month, such retailer shall file a return for the preceding calendar month. Such return shall be filed on forms prescribed by the Department and shall furnish such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability"
5416 JOURNAL OF THE [May 21, 1999] means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than
HOUSE OF REPRESENTATIVES 5417 $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below $10,000, then such taxpayer may petition the Department for change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance,
5418 JOURNAL OF THE [May 21, 1999] shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that where, in the same transaction, a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale, that seller for resale may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he
HOUSE OF REPRESENTATIVES 5419 chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property
5420 JOURNAL OF THE [May 21, 1999] purchased by him at retail from a retailer, but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further
HOUSE OF REPRESENTATIVES 5421 provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000
5422 JOURNAL OF THE [May 21, 1999] 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund .4% of the net revenue realized for the preceding month from the 5% general rate, or .4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June of 1992. Beginning April 1, 2000, this
HOUSE OF REPRESENTATIVES 5423 transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) Section 15. The Service Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 110/9) (from Ch. 120, par. 439.39) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable Rules and Regulations to be promulgated by the Department. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning
5424 JOURNAL OF THE [May 21, 1999] October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where a serviceman collects the tax with respect to the selling price of property which he sells and the purchaser thereafter returns such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers' occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax
HOUSE OF REPRESENTATIVES 5425 to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereunder shall also include the total tax upon the selling price of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Service Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registration hereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate
5426 JOURNAL OF THE [May 21, 1999] payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under
HOUSE OF REPRESENTATIVES 5427 Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photo processing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. All remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.) Section 20. The Service Occupation Tax Act is amended by changing Section 9 as follows: (35 ILCS 115/9) (from Ch. 120, par. 439.109) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax at the time when he is required to file his return for the period during which such tax was collectible, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per
5428 JOURNAL OF THE [May 21, 1999] calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the serviceman, in collecting the tax may collect, for each tax return period, only the tax applicable to the part of the selling price actually received during such tax return period. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable rules and regulations to be promulgated by the Department of Revenue. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. A serviceman may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. If the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his
HOUSE OF REPRESENTATIVES 5429 returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Where a serviceman collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form. Where the serviceman has more than one business registered with
5430 JOURNAL OF THE [May 21, 1999] the Department under separate registrations hereunder, such serviceman shall file separate returns for each registered business. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund the revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the revenue realized for the preceding month from the 6.25% general rate. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build
HOUSE OF REPRESENTATIVES 5431 Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.
5432 JOURNAL OF THE [May 21, 1999] Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the taxpayer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the taxpayer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The taxpayer's annual return to the Department shall also disclose the cost of goods sold by the taxpayer during the year covered by such return, opening and closing inventories of such goods for such year, cost of goods used from stock or taken from stock and given away by the taxpayer during such year, pay roll information of the taxpayer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such taxpayer as hereinbefore provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person
HOUSE OF REPRESENTATIVES 5433 signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to a serviceman who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff. 7-8-98.) Section 25. The Retailers' Occupation Tax Act is amended by changing Section 3 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax
5434 JOURNAL OF THE [May 21, 1999] issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section.
HOUSE OF REPRESENTATIVES 5435 Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that where, in the same transaction, a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale, that seller for resale may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to
5436 JOURNAL OF THE [May 21, 1999] in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph.
HOUSE OF REPRESENTATIVES 5437 If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. If the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest
5438 JOURNAL OF THE [May 21, 1999] liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below $10,000, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability
HOUSE OF REPRESENTATIVES 5439 under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized
5440 JOURNAL OF THE [May 21, 1999] for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to
HOUSE OF REPRESENTATIVES 5441 the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month
5442 JOURNAL OF THE [May 21, 1999] the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person
HOUSE OF REPRESENTATIVES 5443 signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) Section 30. The Motor Fuel Tax Act is amended by changing Section 8 as follows: (35 ILCS 505/8) (from Ch. 120, par. 424)
5444 JOURNAL OF THE [May 21, 1999] Sec. 8. Except as provided in Section 8a, all money received by the Department under this Act, including payments made to the Department by member jurisdictions participating in the International Fuel Tax Agreement, shall be deposited in a special fund in the State treasury, to be known as the "Motor Fuel Tax Fund", and shall be used as follows: (a) 2 1/2 cents per gallon of the tax collected on special fuel under paragraph (b) of Section 2 and Section 13a of this Act shall be transferred to the State Construction Account Fund in the State Treasury; (b) $420,000 shall be transferred each month to the State Boating Act Fund to be used by the Department of Natural Resources for the purposes specified in Article X of the Boat Registration and Safety Act; (c) $2,250,000 $1,500,000 shall be transferred each month to the Grade Crossing Protection Fund to be used as follows: not less than $6,000,000 each fiscal year shall be used for the construction or reconstruction of rail highway grade separation structures; beginning with fiscal year 1997 and ending in fiscal year 1999, $1,500,000, and $750,000 in fiscal year 2000 and each fiscal year thereafter shall be transferred to the Transportation Regulatory Fund and shall be accounted for as part of the rail carrier portion of such funds and shall be used to pay the cost of administration of the Illinois Commerce Commission's railroad safety program in connection with its duties under subsection (3) of Section 18c-7401 of the Illinois Vehicle Code, with the remainder to be used by the Department of Transportation upon order of the Illinois Commerce Commission, to pay that part of the cost apportioned by such Commission to the State to cover the interest of the public in the use of highways, roads or streets in the county highway system, township and district road system or municipal street system as defined in the Illinois Highway Code, as the same may from time to time be amended, for separation of grades, for installation, construction or reconstruction of crossing protection or reconstruction, alteration, relocation including construction or improvement of any existing highway necessary for access to property or improvement of any grade crossing including the necessary highway approaches thereto of any railroad across the highway or public road, as provided for in and in accordance with Section 18c-7401 of the Illinois Vehicle Code. In entering orders for projects for which payments from the Grade Crossing Protection Fund will be made, the Commission shall account for expenditures authorized by the orders on a cash rather than an accrual basis. For purposes of this requirement an "accrual basis" assumes that the total cost of the project is expended in the fiscal year in which the order is entered, while a "cash basis" allocates the cost of the project among fiscal years as expenditures are actually made. To meet the requirements of this subsection, the Illinois Commerce Commission shall develop annual and 5-year project plans of rail crossing capital improvements that will be paid for with moneys from the Grade Crossing Protection Fund. The annual project plan shall identify projects for the succeeding fiscal year and the 5-year project plan shall identify projects for the 5 directly succeeding fiscal years. The Commission shall submit the annual and 5-year project plans for this Fund to the Governor, the President of the Senate, the Senate Minority Leader, the Speaker of the Senate of Representatives, and the Minority Leader of the Senate of Representatives on the first Wednesday in April of each year; (d) of the amount remaining after allocations provided for in subsections (a), (b) and (c), a sufficient amount shall be reserved to pay all of the following: (1) the costs of the Department of Revenue in administering
HOUSE OF REPRESENTATIVES 5445 this Act; (2) the costs of the Department of Transportation in performing its duties imposed by the Illinois Highway Code for supervising the use of motor fuel tax funds apportioned to municipalities, counties and road districts; (3) refunds provided for in Section 13 of this Act and under the terms of the International Fuel Tax Agreement referenced in Section 14a; (4) from October 1, 1985 until June 30, 1994, the administration of the Vehicle Emissions Inspection Law, which amount shall be certified monthly by the Environmental Protection Agency to the State Comptroller and shall promptly be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund to the Vehicle Inspection Fund, and beginning July 1, 1994, and until December 31, 2000, one-twelfth of $25,000,000 each month for the administration of the Vehicle Emissions Inspection Law of 1995, to be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund into the Vehicle Inspection Fund; (5) amounts ordered paid by the Court of Claims; and (6) payment of motor fuel use taxes due to member jurisdictions under the terms of the International Fuel Tax Agreement. The Department shall certify these amounts to the Comptroller by the 15th day of each month; the Comptroller shall cause orders to be drawn for such amounts, and the Treasurer shall administer those amounts on or before the last day of each month; (e) after allocations for the purposes set forth in subsections (a), (b), (c), and (d), the remaining amount shall be apportioned as follows: (1) Until January 1, 2000, 58.4%, and beginning January 1, 2000, 45.6% shall be deposited as follows: (A) 37% into the State Construction Account Fund, and (B) 63% into the Road Fund, $1,250,000 of which shall be reserved each month for the Department of Transportation to be used in accordance with the provisions of Sections 6-901 through 6-906 of the Illinois Highway Code; (2) Until January 1, 2000, 41.6%, and beginning January 1, 2000, 54.4% shall be transferred to the Department of Transportation to be distributed as follows: (A) 49.10% to the municipalities of the State, (B) 16.74% to the counties of the State having 1,000,000 or more inhabitants, (C) 18.27% to the counties of the State having less than 1,000,000 inhabitants, (D) 15.89% to the road districts of the State. As soon as may be after the first day of each month the Department of Transportation shall allot to each municipality its share of the amount apportioned to the several municipalities which shall be in proportion to the population of such municipalities as determined by the last preceding municipal census if conducted by the Federal Government or Federal census. If territory is annexed to any municipality subsequent to the time of the last preceding census the corporate authorities of such municipality may cause a census to be taken of such annexed territory and the population so ascertained for such territory shall be added to the population of the municipality as determined by the last preceding census for the purpose of determining the allotment for that municipality. If the population of any municipality was not determined by the last Federal census preceding any apportionment, the apportionment to such municipality shall be in accordance with any census taken by such municipality.
5446 JOURNAL OF THE [May 21, 1999] Any municipal census used in accordance with this Section shall be certified to the Department of Transportation by the clerk of such municipality, and the accuracy thereof shall be subject to approval of the Department which may make such corrections as it ascertains to be necessary. As soon as may be after the first day of each month the Department of Transportation shall allot to each county its share of the amount apportioned to the several counties of the State as herein provided. Each allotment to the several counties having less than 1,000,000 inhabitants shall be in proportion to the amount of motor vehicle license fees received from the residents of such counties, respectively, during the preceding calendar year. The Secretary of State shall, on or before April 15 of each year, transmit to the Department of Transportation a full and complete report showing the amount of motor vehicle license fees received from the residents of each county, respectively, during the preceding calendar year. The Department of Transportation shall, each month, use for allotment purposes the last such report received from the Secretary of State. As soon as may be after the first day of each month, the Department of Transportation shall allot to the several counties their share of the amount apportioned for the use of road districts. The allotment shall be apportioned among the several counties in the State in the proportion which the total mileage of township or district roads in the respective counties bears to the total mileage of all township and district roads in the State. Funds allotted to the respective counties for the use of road districts therein shall be allocated to the several road districts in the county in the proportion which the total mileage of such township or district roads in the respective road districts bears to the total mileage of all such township or district roads in the county. After July 1 of any year, no allocation shall be made for any road district unless it levied a tax for road and bridge purposes in an amount which will require the extension of such tax against the taxable property in any such road district at a rate of not less than either .08% of the value thereof, based upon the assessment for the year immediately prior to the year in which such tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less. If any road district has levied a special tax for road purposes pursuant to Sections 6-601, 6-602 and 6-603 of the Illinois Highway Code, and such tax was levied in an amount which would require extension at a rate of not less than .08% of the value of the taxable property thereof, as equalized or assessed by the Department of Revenue, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such levy shall, however, be deemed a proper compliance with this Section and shall qualify such road district for an allotment under this Section. If a township has transferred to the road and bridge fund money which, when added to the amount of any tax levy of the road district would be the equivalent of a tax levy requiring extension at a rate of at least .08%, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such transfer, together with any such tax levy, shall be deemed a proper compliance with this Section and shall qualify the road district for an allotment under this Section. In counties in which a property tax extension limitation is imposed under the Property Tax Extension Limitation Law, road districts may retain their entitlement to a motor fuel tax allotment if, at the time the property tax extension limitation was imposed,
HOUSE OF REPRESENTATIVES 5447 the road district was levying a road and bridge tax at a rate sufficient to entitle it to a motor fuel tax allotment and continues to levy the maximum allowable amount after the imposition of the property tax extension limitation. Any road district may in all circumstances retain its entitlement to a motor fuel tax allotment if it levied a road and bridge tax in an amount that will require the extension of the tax against the taxable property in the road district at a rate of not less than 0.08% of the assessed value of the property, based upon the assessment for the year immediately preceding the year in which the tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less. As used in this Section the term "road district" means any road district, including a county unit road district, provided for by the Illinois Highway Code; and the term "township or district road" means any road in the township and district road system as defined in the Illinois Highway Code. For the purposes of this Section, "road district" also includes park districts, forest preserve districts and conservation districts organized under Illinois law and "township or district road" also includes such roads as are maintained by park districts, forest preserve districts and conservation districts. The Department of Transportation shall determine the mileage of all township and district roads for the purposes of making allotments and allocations of motor fuel tax funds for use in road districts. Payment of motor fuel tax moneys to municipalities and counties shall be made as soon as possible after the allotment is made. The treasurer of the municipality or county may invest these funds until their use is required and the interest earned by these investments shall be limited to the same uses as the principal funds. (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96; 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff. 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised 9-16-98.) Section 35. The Regional Transportation Authority Act is amended by changing Sections 4.04, 4.09, 4.12, and 4.13 as follows: (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) Sec. 4.04. Issuance and Pledge of Bonds and Notes. (a) The Authority shall have the continuing power to borrow money and to issue its negotiable bonds or notes as provided in this Section. Unless otherwise indicated in this Section, the term "notes" also includes bond anticipation notes, which are notes which by their terms provide for their payment from the proceeds of bonds thereafter to be issued. Bonds or notes of the Authority may be issued for any or all of the following purposes: to pay costs to the Authority or a Service Board of constructing or acquiring any public transportation facilities (including funds and rights relating thereto, as provided in Section 2.05 of this Act); to repay advances to the Authority or a Service Board made for such purposes; to pay other expenses of the Authority or a Service Board incident to or incurred in connection with such construction or acquisition; to provide funds for any transportation agency to pay principal of or interest or redemption premium on any bonds or notes, whether as such amounts become due or by earlier redemption, issued prior to the date of this amendatory Act by such transportation agency to construct or acquire public transportation facilities or to provide funds to purchase such bonds or notes; and to provide funds for any transportation agency to construct or acquire any public transportation facilities, to repay advances made for such purposes, and to pay other expenses incident to or incurred in connection with such construction or acquisition; and to provide funds for payment of obligations, including the funding of reserves, under any
5448 JOURNAL OF THE [May 21, 1999] self-insurance plan or joint self-insurance pool or entity. In addition to any other borrowing as may be authorized by this Section, the Authority may issue its notes, from time to time, in anticipation of tax receipts of the Authority or of other revenues or receipts of the Authority, in order to provide money for the Authority or the Service Boards to cover any cash flow deficit which the Authority or a Service Board anticipates incurring. Any such notes are referred to in this Section as "Working Cash Notes". No Working Cash Notes shall be issued for a term of longer than 18 months. Proceeds of Working Cash Notes may be used to pay day to day operating expenses of the Authority or the Service Boards, consisting of wages, salaries and fringe benefits, professional and technical services (including legal, audit, engineering and other consulting services), office rental, furniture, fixtures and equipment, insurance premiums, claims for self-insured amounts under insurance policies, public utility obligations for telephone, light, heat and similar items, travel expenses, office supplies, postage, dues, subscriptions, public hearings and information expenses, fuel purchases, and payments of grants and payments under purchase of service agreements for operations of transportation agencies, prior to the receipt by the Authority or a Service Board from time to time of funds for paying such expenses. In addition to any Working Cash Notes that the Board of the Authority may determine to issue, the Suburban Bus Board, the Commuter Rail Board or the Board of the Chicago Transit Authority may demand and direct that the Authority issue its Working Cash Notes in such amounts and having such maturities as the Service Board may determine. Notwithstanding any other provision of this Act, any amounts necessary to pay principal of and interest on any Working Cash Notes issued at the demand and direction of a Service Board or any Working Cash Notes the proceeds of which were used for the direct benefit of a Service Board or any other Bonds or Notes of the Authority the proceeds of which were used for the direct benefit of a Service Board shall constitute a reduction of the amount of the proceeds of any tax imposed by the Authority under Sections 4.03 and 4.03.1 or any other funds provided by the Authority to that a Service Board. The Authority shall, after deducting any costs of issuance, tender the net proceeds of any Working Cash Notes issued at the demand and direction of a Service Board to such Service Board as soon as may be practicable after the proceeds are received. The Authority may also issue notes or bonds to pay, refund or redeem any of its notes and bonds, including to pay redemption premiums or accrued interest on such bonds or notes being renewed, paid or refunded, and other costs in connection therewith. The Authority may also utilize the proceeds of any such bonds or notes to pay the legal, financial, administrative and other expenses of such authorization, issuance, sale or delivery of bonds or notes or to provide or increase a debt service reserve fund with respect to any or all of its bonds or notes. The Authority may also issue and deliver its bonds or notes in exchange for any public transportation facilities, (including funds and rights relating thereto, as provided in Section 2.05 of this Act) or in exchange for outstanding bonds or notes of the Authority, including any accrued interest or redemption premium thereon, without advertising or submitting such notes or bonds for public bidding. (b) The ordinance providing for the issuance of any such bonds or notes shall fix the date or dates of maturity, the dates on which interest is payable, any sinking fund account or reserve fund account provisions and all other details of such bonds or notes and may provide for such covenants or agreements necessary or desirable with regard to the issue, sale and security of such bonds or notes. The rate or rates of interest on its bonds or notes may be fixed or
HOUSE OF REPRESENTATIVES 5449 variable and the Authority shall determine or provide for the determination of the rate or rates of interest of its bonds or notes issued under this Act in an ordinance adopted by the Authority prior to the issuance thereof, none of which rates of interest shall exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Interest may be payable annually or semi-annually, or at such other times as are provided for by the Board. Bonds and notes issued under this Section may be issued as serial or term obligations, shall be of such denomination or denominations and form, including interest coupons to be attached thereto, be executed in such manner, shall be payable at such place or places and bear such date as the Authority shall fix by the ordinance authorizing such bond or note and shall mature at such time or times, within a period not to exceed forty years from the date of issue, and may be redeemable prior to maturity with or without premium, at the option of the Authority, upon such terms and conditions as the Authority shall fix by the ordinance authorizing the issuance of such bonds or notes. No bond anticipation note or any renewal thereof shall mature at any time or times exceeding 5 years from the date of the first issuance of such note. The Authority may provide for the registration of bonds or notes in the name of the owner as to the principal alone or as to both principal and interest, upon such terms and conditions as the Authority may determine. The ordinance authorizing bonds or notes may provide for the exchange of such bonds or notes which are fully registered, as to both principal and interest, with bonds or notes which are registerable as to principal only. All bonds or notes issued under this Section by the Authority other than those issued in exchange for property or for bonds or notes of the Authority shall be sold at a price which may be at a premium or discount but such that the interest cost (excluding any redemption premium) to the Authority of the proceeds of an issue of such bonds or notes, computed to stated maturity according to standard tables of bond values, shall not exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Such bonds or notes shall be sold at such time or times and, until January 1, 1995, in such manner as the Authority shall determine. The Authority shall notify the Bureau of the Budget and the State Comptroller at least 30 days before any bond sale and shall file with the Bureau of the Budget and the State Comptroller a certified copy of any ordinance authorizing the issuance of bonds at or before the issuance of the bonds. After December 31, 1994, any such bonds or notes shall be sold to the highest and best bidder on sealed bids as the Authority shall deem. As such bonds or notes are to be sold the Authority shall advertise for proposals to purchase the bonds or notes which advertisement shall be published at least once in a daily newspaper of general circulation published in the metropolitan region at least 10 days before the time set for the submission of bids. The Authority shall have the right to reject any or all bids. Notwithstanding any other provisions of this Section, Working Cash Notes or bonds or notes to provide funds for self-insurance or a joint self-insurance pool or entity may be sold either upon competitive bidding or by negotiated sale (without any requirement of publication of intention to negotiate the sale of such Notes), as the Board shall determine by ordinance adopted with the affirmative votes of at least 7 Directors. In case any officer whose signature appears
5450 JOURNAL OF THE [May 21, 1999] on any bonds, notes or coupons authorized pursuant to this Section shall cease to be such officer before delivery of such bonds or notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. Neither the Directors of the Authority nor any person executing any bonds or notes thereof shall be liable personally on any such bonds or notes or coupons by reason of the issuance thereof. (c) All bonds or notes of the Authority issued pursuant to this Section shall be general obligations of the Authority to which shall be pledged the full faith and credit of the Authority, as provided in this Section. Such bonds or notes shall be secured as provided in the authorizing ordinance, which may, notwithstanding any other provision of this Act, include in addition to any other security, a specific pledge or assignment of and lien on or security interest in any or all tax receipts of the Authority and on any or all other revenues or moneys of the Authority from whatever source, which may by law be utilized for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by the ordinance of the Authority authorizing the issuance of such bonds or notes. Any such pledge, assignment, lien or security interest for the benefit of holders of bonds or notes of the Authority shall be valid and binding from the time the bonds or notes are issued without any physical delivery or further act, and shall be valid and binding as against and prior to the claims of all other parties having claims of any kind against the Authority or any other person irrespective of whether such other parties have notice of such pledge, assignment, lien or security interest. The obligations of the Authority incurred pursuant to this Section shall be superior to and have priority over any other obligations of the Authority. The Authority may provide in the ordinance authorizing the issuance of any bonds or notes issued pursuant to this Section for the creation of, deposits in, and regulation and disposition of sinking fund or reserve accounts relating to such bonds or notes. The ordinance authorizing the issuance of any bonds or notes pursuant to this Section may contain provisions as part of the contract with the holders of the bonds or notes, for the creation of a separate fund to provide for the payment of principal and interest on such bonds or notes and for the deposit in such fund from any or all the tax receipts of the Authority and from any or all such other moneys or revenues of the Authority from whatever source which may by law be utilized for debt service purposes, all as provided in such ordinance, of amounts to meet the debt service requirements on such bonds or notes, including principal and interest, and any sinking fund or reserve fund account requirements as may be provided by such ordinance, and all expenses incident to or in connection with such fund and accounts or the payment of such bonds or notes. Such ordinance may also provide limitations on the issuance of additional bonds or notes of the Authority. No such bonds or notes of the Authority shall constitute a debt of the State of Illinois. Nothing in this Act shall be construed to enable the Authority to impose any ad valorem tax on property. (d) The ordinance of the Authority authorizing the issuance of any bonds or notes may provide additional security for such bonds or notes by providing for appointment of a corporate trustee (which may be any trust company or bank having the powers of a trust company within the state) with respect to such bonds or notes. The ordinance shall prescribe the rights, duties and powers of the trustee to be exercised for the benefit of the Authority and the protection of the holders of such bonds or notes. The ordinance may provide for the
HOUSE OF REPRESENTATIVES 5451 trustee to hold in trust, invest and use amounts in funds and accounts created as provided by the ordinance with respect to the bonds or notes. The ordinance may provide for the assignment and direct payment to the trustee of any or all amounts produced from the sources provided in Section 4.03 of this Act and provided in Section 6z-17 of "An Act in relation to State finance", approved June 10, 1919, as amended. Upon receipt of notice of any such assignment, the Department of Revenue and the Comptroller of the State of Illinois shall thereafter, notwithstanding the provisions of Section 4.03 of this Act and Section 6z-17 of "An Act in relation to State finance", approved June 10, 1919, as amended, provide for such assigned amounts to be paid directly to the trustee instead of the Authority, all in accordance with the terms of the ordinance making the assignment. The ordinance shall provide that amounts so paid to the trustee which are not required to be deposited, held or invested in funds and accounts created by the ordinance with respect to bonds or notes or used for paying bonds or notes to be paid by the trustee to the Authority. (e) Any bonds or notes of the Authority issued pursuant to this Section shall constitute a contract between the Authority and the holders from time to time of such bonds or notes. In issuing any bond or note, the Authority may include in the ordinance authorizing such issue a covenant as part of the contract with the holders of the bonds or notes, that as long as such obligations are outstanding, it shall make such deposits, as provided in paragraph (c) of this Section. It may also so covenant that it shall impose and continue to impose taxes, as provided in Section 4.03 of this Act and in addition thereto as subsequently authorized by law, sufficient to make such deposits and pay the principal and interest and to meet other debt service requirements of such bonds or notes as they become due. A certified copy of the ordinance authorizing the issuance of any such obligations shall be filed at or prior to the issuance of such obligations with the Comptroller of the State of Illinois and the Illinois Department of Revenue. (f) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds are to be paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Authority is authorized to include these pledges and agreements of the State in any contract with the holders of bonds or notes issued pursuant to this Section. (g)(1) Except as provided in subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the Authority shall not at any time issue, sell or deliver any bonds or notes (other than Working Cash Notes) pursuant to this Section 4.04 which will cause it to have issued and outstanding at any time in excess of $800,000,000 $500,000,000 of such bonds and notes (other than Working Cash Notes). The Authority shall not at any time issue, sell or deliver any Working Cash Notes pursuant to this Section which will cause it to have issued and outstanding at any time in excess of $100,000,000 of Working Cash Notes. Bonds or notes which are being paid or retired by such
5452 JOURNAL OF THE [May 21, 1999] issuance, sale or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agency of such bonds or notes to provide for payment of principal and interest thereon or to provide for the redemption thereof, all pursuant to the ordinance authorizing the issuance of such bonds or notes, shall not be considered to be outstanding for the purposes of the first two sentences of this subsection. (2) In addition to the authority provided by paragraphs paragraph (1) and (3), the Authority is authorized to issue, sell and deliver bonds or notes for Strategic Capital Improvement Projects approved pursuant to Section 4.13 as follows: $100,000,000 is authorized to be issued on or after January 1, 1990; an additional $100,000,000 is authorized to be issued on or after January 1, 1991; an additional $100,000,000 is authorized to be issued on or after January 1, 1992; an additional $100,000,000 is authorized to be issued on or after January 1, 1993; an additional $100,000,000 is authorized to be issued on or after January 1, 1994; and the aggregate total authorization of bonds and notes for Strategic Capital Improvement Projects as of January 1, 1994, shall be $500,000,000. The Authority is also authorized to issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement Projects under this subdivision (g)(2), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes in the current or any future fiscal year shall not exceed the debt service requirements for that year on the refunded bonds or notes. (3) In addition to the authority provided by paragraphs (1) and (2), the Authority is authorized to issue, sell, and deliver bonds or notes for Strategic Capital Improvement Projects approved pursuant to Section 4.13 as follows: $260,000,000 is authorized to be issued on or after January 1, 2000; an additional $260,000,000 is authorized to be issued on or after January 1, 2001; an additional $260,000,000 is authorized to be issued on or after January 1, 2002; an additional $260,000,000 is authorized to be issued on or after January 1, 2003; an additional $260,000,000 is authorized to be issued on or after January 1, 2004; and the aggregate total authorization of bonds and notes for Strategic Capital Improvement Projects pursuant to this paragraph (3) as of January 1, 2004 shall be $1,300,000,000. The Authority is also authorized to issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement projects under this subdivision (g)(3), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes in the current or any future fiscal year shall not exceed the debt service requirements for that year on the refunded bonds or notes.
HOUSE OF REPRESENTATIVES 5453 (h) The Authority, subject to the terms of any agreements with noteholders or bond holders as may then exist, shall have power, out of any funds available therefor, to purchase notes or bonds of the Authority, which shall thereupon be cancelled. (i) In addition to any other authority granted by law, the State Treasurer may, with the approval of the Governor, invest or reinvest, at a price not to exceed par, any State money in the State Treasury which is not needed for current expenditures due or about to become due in Working Cash Notes. (Source: P.A. 86-16.) (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) Sec. 4.09. Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund. (a) As soon as possible after the first day of each month, beginning November 1, 1983, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasury, to be known as the "Public Transportation Fund" $9,375,000 for each month remaining in State fiscal year 1984. As soon as possible after the first day of each month, beginning July 1, 1984, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act, from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act and 25% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. Net revenue realized for a month shall be the revenue collected by the State pursuant to Sections 4.03 and 4.03.1 during the previous month from within the metropolitan region, less the amount paid out during that same month as refunds to taxpayers for overpayment of liability in the metropolitan region under Sections 4.03 and 4.03.1. (b) (1) All moneys deposited in the Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund, whether deposited pursuant to this Section or otherwise, are allocated to the Authority. Pursuant to appropriation, the Comptroller, as soon as possible after each monthly transfer provided in this Section and after each deposit into the Public Transportation Fund, shall order the Treasurer to pay to the Authority out of the Public Transportation Fund the amount so transferred or deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. Subject to appropriation to the Department of Revenue, the Comptroller, as soon as possible after each deposit into the Regional Transportation Authority Occupation and Use Tax Replacement Fund provided in this Section and Section 6z-17 of the State Finance Act, shall order the Treasurer to pay to the Authority out of the Regional Transportation Authority Occupation and Use Tax Replacement Fund the amount so deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. (2) Provided, however, no moneys deposited under subsection (a) of this Section 4.09 shall be paid from the Public
5454 JOURNAL OF THE [May 21, 1999] Transportation Fund to the Authority or its assignee for any fiscal year beginning after the effective date of this amendatory Act of 1983 until the Authority has certified to the Governor, the Comptroller, and the Mayor of the City of Chicago that it has adopted for that fiscal year a budget and financial plan meeting the requirements in Section 4.01(b). (c) In recognition of the efforts of the Authority to enhance the mass transportation facilities under its control, the State shall provide financial assistance ("Additional State Assistance") in excess of the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional State Assistance provided in any State fiscal year shall not exceed the actual debt service payable by the Authority during that State fiscal year on bonds or notes issued to finance Strategic Capital Improvement Projects under Section 4.04 of this Act. Additional State Assistance shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: 1990 $5,000,000; 1991 $5,000,000; 1992 $10,000,000; 1993 $10,000,000; 1994 $20,000,000; 1995 $30,000,000; 1996 $40,000,000; 1997 $50,000,000; 1998 $55,000,000; and each year thereafter $55,000,000. (c-5) The State shall provide financial assistance ("Additional Financial Assistance") in addition to the Additional State Assistance provided by subsection (c) and the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional Financial Assistance provided by this subsection shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: 2000 $0; 2001 $16,000,000; 2002 $35,000,000; 2003 $54,000,000; 2004 $73,000,000; 2005 $93,000,000; and each year thereafter $100,000,000. (d) Beginning with State fiscal year 1990 and continuing for each State fiscal year thereafter, the Authority shall annually certify to the State Comptroller and State Treasurer, separately with respect to each of subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the following amounts: (1) The amount necessary and required, during the State fiscal year with respect to which the certification is made, to pay its obligations for debt service on all outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act. and (2) An estimate of the amount necessary and required to pay its obligations for debt service for any bonds or notes for Strategic Capital Improvement Projects which the Authority anticipates it will issue under subdivisions (g)(2) and (g)(3) of Section 4.04 during that State fiscal year. (3) Its debt service savings during the preceding State fiscal year from refunding or advance refunding of bonds or notes
HOUSE OF REPRESENTATIVES 5455 issued under subdivisions (g)(2) and (g)(3) of Section 4.04. (4) The amount of interest, if any, earned by the Authority during the previous State fiscal year on the proceeds of bonds or notes issued pursuant to subdivisions (g)(2) and (g)(3) of Section 4.04, other than refunding or advance refunding bonds or notes. The certification shall include a specific schedule of debt service payments, including the date and amount of each payment for all outstanding bonds or notes and an estimated schedule of anticipated debt service for all bonds and notes it intends to issue, if any, during that State fiscal year, including the estimated date and estimated amount of each payment. Immediately, upon the issuance of bonds for which an estimated schedule of debt service payments was prepared, the Authority shall file an amended certification with respect to item (2) above, to specify the actual schedule of debt service payments, including the date and amount of each payment, for the remainder of the State fiscal year. On the first day of each month of the State fiscal year in which there are bonds outstanding with respect to which the certification is made, the State Comptroller shall order transferred and the State Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund the Additional State Assistance and Additional Financial Assistance in an amount equal to the aggregate of (i) (1) one-twelfth of the sum of the amounts certified under items (1) and (3) above less the amount certified under item (4) above, plus (ii) amount required to pay debt service on bonds and notes issued before the beginning of the State fiscal year and (2) the amount required to pay debt service on bonds and notes issued during the fiscal year, if any, divided by the number of months remaining in the fiscal year after the date of issuance, or some smaller portion as may be necessary under, listed in subsection (c) or (c-5) of this Section for the relevant State fiscal year, plus (iii) any cumulative deficiencies in transfers for prior months, until an amount equal to the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, certified debt service for that State fiscal year on outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under Section 4.04 of this Act has been transferred; except that these transfers are subject to the following limits:. (A) In no event shall the total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(2) of Section 4.04 exceed the lesser of the annual maximum amount amounts specified in subsection (c) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes the total certified debt service on outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under Section 4.04 of this Act. (B) In no event shall the total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(3) of Section 4.04 exceed the lesser of the annual maximum amount specified in subsection (c-5) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes. The term "outstanding" does not include bonds or notes for which
5456 JOURNAL OF THE [May 21, 1999] refunding or advance refunding bonds or notes have been issued. (e) Neither Additional State Assistance nor Additional Financial Assistance may not be pledged, either directly or indirectly as general revenues of the Authority, as security for any bonds issued by the Authority. The Authority may not assign its right to receive Additional State Assistance or Additional Financial Assistance, or direct payment of Additional State Assistance or Additional Financial Assistance, to a trustee or any other entity for the payment of debt service on its bonds. (f) The certification required under subsection (d) with respect to outstanding bonds and notes of the Authority shall be filed as early as practicable before the beginning of the State fiscal year to which it relates. The certification shall be revised as may be necessary to accurately state the debt service requirements of the Authority. (g) Within 6 months of the end of the 3 month period ending December 31, 1983, and each fiscal year thereafter, the Authority shall determine whether the aggregate of all system generated revenues for public transportation in the metropolitan region which is provided by, or under grant or purchase of service contracts with, the Service Boards equals 50% of the aggregate of all costs of providing such public transportation. "System generated revenues" include all the proceeds of fares and charges for services provided, contributions received in connection with public transportation from units of local government other than the Authority and from the State pursuant to subsection (9) of Section 49.19 of the Civil Administrative Code of Illinois, and all other revenues properly included consistent with generally accepted accounting principles but may not include the proceeds from any borrowing. "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligations for borrowed money of the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 2-20; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost as to which it is reasonably expected that a cash expenditure will not be made; costs up to $5,000,000 annually for passenger security including grants, contracts, personnel, equipment and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; or costs as exempted by the Board for projects pursuant to Section 2.09 of this Act. If said system generated revenues are less than 50% of said costs, the Board shall remit an amount equal to the amount of the deficit to the State. The Treasurer shall deposit any such payment in the General Revenue Fund. (h) If the Authority makes any payment to the State under paragraph (g), the Authority shall reduce the amount provided to a Service Board from funds transferred under paragraph (a) in proportion to the amount by which that Service Board failed to meet its required system generated revenues recovery ratio. A Service Board which is affected by a reduction in funds under this paragraph shall submit to the Authority concurrently with its next due quarterly report a revised budget incorporating the reduction in funds. The revised budget must meet the criteria specified in clauses (i) through (vi) of Section 4.11(b)(2). The Board shall review and act on the revised budget as provided in Section 4.11(b)(3).
HOUSE OF REPRESENTATIVES 5457 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481; 87-764; revised 10-31-98.) (70 ILCS 3615/4.12) (from Ch. 111 2/3, par. 704.12) Sec. 4.12. RTA Strategic Capital Improvement Program. The program created by this amendatory Act of 1989 in Sections 4.12 and 4.13 shall be known as the RTA Strategic Capital Improvement Program (the "Strategic Capital Improvement Program"). The Strategic Capital Improvement Program will enhance the ability of the Authority to acquire, repair or replace public transportation facilities in the metropolitan region and shall be financed through the issuance of bonds or notes authorized by this amendatory Act of 1989 for Strategic Capital Improvement Projects under Section 4.04 of this Act. The Program is intended as a supplement to the ongoing capital development activities of the Authority and the Service Boards financed with grants, loans and other moneys made available by the federal government or the State of Illinois. The Authority and the Service Boards shall continue to seek, receive and expend all available grants, loans and other moneys. Any contracts for architectural or engineering services for projects approved pursuant to Section 4.13 shall comply with the requirements set forth in "An Act concerning municipalities, counties and other political subdivisions", as now or hereafter amended. (Source: P.A. 86-16.) (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13) Sec. 4.13. Annual Capital Improvement Plan. (a) With respect to each calendar year, the Authority shall prepare as part of its Five Year Program an Annual Capital Improvement Plan (the "Plan") which shall describe its intended development and implementation of the Strategic Capital Improvement Program. The Plan shall include the following information: (i) a list of projects for which approval is sought from the Governor, with a description of each project stating at a minimum the project cost, its category, its location and the entity responsible for its implementation; (ii) a certification by the Authority that the Authority and the Service Boards have applied for all grants, loans and other moneys made available by the federal government or the State of Illinois during the preceding federal and State fiscal years for financing its capital development activities; (iii) a certification that, as of September 30 of the preceding calendar year or any later date, the balance of all federal capital grant funds and all other funds to be used as matching funds therefor which were committed to or possessed by the Authority or a Service Board but which had not been obligated was less than $350,000,000, or a greater amount as authorized in writing by the Governor (for purposes of this subsection (a), "obligated" means committed to be paid by the Authority or a Service Board under a contract with a nongovernmental entity in connection with the performance of a project or committed under a force account plan approved by the federal government); (iv) a certification that the Authority has adopted a balanced budget with respect to such calendar year under Section 4.01 of this Act; (v) a schedule of all bonds or notes previously issued for Strategic Capital Improvement Projects and all debt service payments to be made with respect to all such bonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result from bonds to be sold prior thereto; (vi) a long-range summary of the Strategic Capital Improvement Program describing the projects to be funded through
5458 JOURNAL OF THE [May 21, 1999] the Program with respect to project cost, category, location, and implementing entity, and presenting a financial plan including an estimated time schedule for obligating funds for the performance of approved projects, issuing bonds, expending bond proceeds and paying debt service throughout the duration of the Program; and (vii) the source of funding for each project in the Plan. For any project for which full funding has not yet been secured and which is not subject to a federal full funding contract, the Authority must identify alternative, dedicated funding sources available to complete the project. The Governor may waive this requirement on a project by project basis. (b) The Authority shall submit the Plan with respect to any calendar year to the Governor on or before January 15 of that year, or as soon as possible thereafter; provided, however, that the Plan shall be adopted on the affirmative votes of 9 of the then Directors. The Plan may be revised or amended at any time, but any revision in the projects approved shall require the Governor's approval. (c) The Authority shall seek approval from the Governor only through the Plan or an amendment thereto. The Authority shall not request approval of the Plan from the Governor in any calendar year in which it is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Authority seek approval of the Plan from the Governor for projects in an aggregate amount exceeding the authorization for bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (d) The Governor may approve the Plan for which approval is requested. The Governor's approval is limited to the amount of the project cost stated in the Plan. The Governor shall not approve the Plan in a calendar year if the Authority is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Governor approve the Plan for projects in an aggregate amount exceeding the authorization for bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (e) With respect to capital improvements, only those capital improvements which are in a Plan approved by the Governor shall be financed with the proceeds of bonds or notes issued for Strategic Capital Improvement Projects. (f) Before the Authority or a Service Board obligates any funds for a project for which the Authority or Service Board intends to use the proceeds of bonds or notes for Strategic Capital Improvement Projects, but which project is not included in an approved Plan, the Authority must notify the Governor of the intended obligation. No project costs incurred prior to approval of the Plan including that project may be paid from the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (Source: P.A. 86-16.) Section 38. The Illinois Highway Code is amended by adding Section 4-410 as follows: (605 ILCS 5/4-410 new) Sec. 4-410. Demonstration project. The Department shall implement a demonstration project, under which 20 of the contracts arising out of the Department's 5-year project program for fiscal years 2000 through 2004 shall have a performance-based warranty of at least 5 years, and 10 of those contracts shall be designed for a 30-year life cycle. Section 40. The Illinois Vehicle Code is amended by changing Sections 2-119, 2-123, 3-305, 3-403, 3-607, 3-619, 3-804, 3-804.02, 3-805, 3-806, 3-806.1, 3-806.3, 3-807, 3-808, 3-809, 3-809.1, 3-810, 3-811, 3-812, 3-814, 3-814.1, 3-815, 3-818, 3-819, 3-820, and 3-821
HOUSE OF REPRESENTATIVES 5459 and adding Section 3-824.5 as follows: (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) Sec. 2-119. Disposition of fees and taxes. (a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State Treasury. (b) Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $0.50 shall be deposited into the Used Tire Management Fund. Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $1.50 shall be deposited in the Park and Conservation Fund. Beginning January 1, 1995, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $2 shall be deposited in the Park and Conservation Fund. The moneys deposited in the Park and Conservation Fund pursuant to this Section shall be used for the acquisition and development of bike paths as provided for in Section 63a36 of the Civil Administrative Code of Illinois. Beginning January 1, 2000 and continuing through December 31, 2004, of the moneys collected for each certificate of title, duplicate certificate of title, and corrected certificate of title, $48 shall be deposited into the Road Fund and $4 shall be deposited into the Motor Vehicle License Plate Fund, except that if the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month the $4 shall instead be deposited into the Road Fund. Beginning January 1, 2005, of the moneys collected for each certificate of title, duplicate certificate of title, and corrected certificate of title, $52 shall be deposited into the Road Fund. Except as otherwise provided in this Code, all remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be placed in the General Revenue Fund in the State Treasury. (c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Driver Education Fund in the State Treasury. (d) Beginning January 1, 1999, of the monies collected as a registration fee for each motorcycle, motor driven cycle and motorized pedalcycle, 27% of each annual registration fee for such vehicle and 27% of each semiannual registration fee for such vehicle is deposited in the Cycle Rider Safety Training Fund. (e) Of the monies received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of this Code, 37% shall be deposited into the State Construction Fund. (f) Of the total money collected for a CDL instruction permit or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA), $6 of the total fee for an original or renewal CDL, and $6 of the total CDL instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network Trust Fund) and shall be used for the purposes provided in Section 6z-23 of the State Finance Act. (g) All remaining moneys received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under
5460 JOURNAL OF THE [May 21, 1999] paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of this Code, shall be deposited in the Road Fund in the State Treasury. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act. (h) (Blank). (i) (Blank). (j) (Blank). (k) There is created in the State Treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing special registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries. On or before October 1, 1995, the Secretary of State shall direct the State Comptroller and State Treasurer to transfer any unexpended balance in the Special Environmental License Plate Fund, the Special Korean War Veteran License Plate Fund, and the Retired Congressional License Plate Fund to the Secretary of State Special License Plate Fund. (l) The Motor Vehicle Review Board Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including without limitation payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (m) Effective July 1, 1996, there is created in the State Treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Family Financial Responsibility Law. (n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, the Office of the State Fire Marshal shall certify to the State Treasurer that construction of the Memorial has been completed. (o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund. (Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95; 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff. 8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff. 1-1-98; 90-622, eff. 1-1-99.) (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) Sec. 2-123. Sale and Distribution of Information. (a) Except as otherwise provided in this Section, the Secretary may make the driver's license, vehicle and title registration lists, in part or in whole, and any statistical information derived from these lists available to local governments, elected state officials, state educational institutions, public libraries and all other governmental units of the State and Federal Government requesting them for governmental purposes. The Secretary shall require any such applicant for services to pay for the costs of furnishing such services and the use of the equipment involved, and in addition is empowered to establish prices and charges for the services so
HOUSE OF REPRESENTATIVES 5461 furnished and for the use of the electronic equipment utilized. (b) The Secretary is further empowered to and he may, in his discretion, furnish to any applicant, other than listed in subsection (a) of this Section, vehicle or driver data on a computer tape, disk, or printout at a fixed fee of $250 $200 in advance and require in addition a further sufficient deposit based upon the Secretary of State's estimate of the total cost of the information requested and a charge of $25 $20 per 1,000 units or part thereof identified or the actual cost, whichever is greater. The Secretary is authorized to refund any difference between the additional deposit and the actual cost of the request. This service shall not be in lieu of an abstract of a driver's record nor of a title or registration search. The information sold pursuant to this subsection shall be the entire vehicle or driver data list, or part thereof. (c) Secretary of State may issue registration lists. The Secretary of State shall compile and publish, at least annually, a list of all registered vehicles. Each list of registered vehicles shall be arranged serially according to the registration numbers assigned to registered vehicles and shall contain in addition the names and addresses of registered owners and a brief description of each vehicle including the serial or other identifying number thereof. Such compilation may be in such form as in the discretion of the Secretary of State may seem best for the purposes intended. (d) The Secretary of State shall furnish no more than 2 current available lists of such registrations to the sheriffs of all counties and to the chiefs of police of all cities and villages and towns of 2,000 population and over in this State at no cost. Additional copies may be purchased at the fee of $500 $400 each or at the cost of producing the list as determined by the Secretary of State. (e) The Secretary of State shall upon written request and the payment of the fee of $500 $400 furnish the current available list of such motor vehicle registrations to any person so long as the supply of available registration lists shall last. (e-1) Commercial purchasers of driver and vehicle record databases shall enter into a written agreement with the Secretary of State that includes disclosure of the commercial use of the intended purchase. Affected drivers, vehicle owners, or registrants may request that their personally identifiable information not be used for commercial solicitation purposes. (f) Title or registration search and certification thereof - Fee. The Secretary of State shall make a title or registration search of the records of his office and a written report on the same for any person, upon written application of such person, accompanied by a fee of $5 $4 for each registration or title search. No fee shall be charged for a title or registration search, or for the certification thereof requested by a government agency. The Secretary of State shall certify a title or registration record upon written request. The fee for certification shall be $5 $4 in addition to the fee required for a title or registration search. Certification shall be made under the signature of the Secretary of State and shall be authenticated by Seal of the Secretary of State. The Secretary of State may notify the vehicle owner or registrant of the request for purchase of his title or registration information as the Secretary deems appropriate. The vehicle owner or registrant residence address and other personally identifiable information on the record shall not be disclosed. This nondisclosure shall not apply to requests made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant, or other
5462 JOURNAL OF THE [May 21, 1999] entities as the Secretary may exempt by rule and regulation. This information may be withheld from the entities listed above, except law enforcement and government agencies upon presentation of a valid court order of protection for the duration of the order. No information shall be released to the requestor until expiration of a 10 day period. This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, and Private Security Act of 1983, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requestor of title or vehicle information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 22 or 25 of the Private Detective, Private Alarm, and Private Security Act of 1983. (g) 1. The Secretary of State may, upon receipt of a written request and a fee of $6 $5, furnish to the person or agency so requesting a driver's record. Such document may include a record of: current driver's license issuance information, except that the information on judicial driving permits shall be available only as otherwise provided by this Code; convictions; orders entered revoking, suspending or cancelling a driver's license or privilege; and notations of accident involvement. All other information, unless otherwise permitted by this Code, shall remain confidential. 2. The Secretary of State may certify an abstract of a driver's record upon written request therefor. Such certification shall be made under the signature of the Secretary of State and shall be authenticated by the Seal of his office. 3. All requests for driving record information shall be made in a manner prescribed by the Secretary. The Secretary of State may notify the affected driver of the request for purchase of his driver's record as the Secretary deems appropriate. The affected driver residence address and other personally identifiable information on the record shall not be disclosed. This nondisclosure shall not apply to requests made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver, or other entities as the Secretary may exempt by rule and regulation. This information may be withheld from the entities listed above, except law enforcement and government agencies, upon presentation of a valid court order of protection for the duration of the order. No information shall be released to the requester until expiration of a 10 day period. This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private
HOUSE OF REPRESENTATIVES 5463 Alarm, and Private Security Act of 1983, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requestor of driver information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 22 or 25 of the Private Detective, Private Alarm, and Private Security Act of 1983. 4. The Secretary of State may furnish without fee, upon the written request of a law enforcement agency, any information from a driver's record on file with the Secretary of State when such information is required in the enforcement of this Code or any other law relating to the operation of motor vehicles, including records of dispositions; documented information involving the use of a motor vehicle; whether such individual has, or previously had, a driver's license; and the address and personal description as reflected on said driver's record. 5. Except as otherwise provided in this Section, the Secretary of State may furnish, without fee, information from an individual driver's record on file, if a written request therefor is submitted by any public transit system or authority, public defender, law enforcement agency, a state or federal agency, or an Illinois local intergovernmental association, if the request is for the purpose of a background check of applicants for employment with the requesting agency, or for the purpose of an official investigation conducted by the agency, or to determine a current address for the driver so public funds can be recovered or paid to the driver, or for any other lawful purpose. The Secretary may also furnish the courts a copy of an abstract of a driver's record, without fee, subsequent to an arrest for a violation of Section 11-501 or a similar provision of a local ordinance. Such abstract may include records of dispositions; documented information involving the use of a motor vehicle as contained in the current file; whether such individual has, or previously had, a driver's license; and the address and personal description as reflected on said driver's record. 6. Any certified abstract issued by the Secretary of State or transmitted electronically by the Secretary of State pursuant to this Section, to a court or on request of a law enforcement agency, for the record of a named person as to the status of the person's driver's license shall be prima facie evidence of the facts therein stated and if the name appearing in such abstract is the same as that of a person named in an information or warrant, such abstract shall be prima facie evidence that the person named in such information or warrant is the same person as the person named in such abstract and shall be admissible for any prosecution under this Code and be admitted as proof of any prior conviction or proof of records, notices, or orders recorded on individual driving records maintained by the Secretary of State. 7. Subject to any restrictions contained in the Juvenile Court Act of 1987, and upon receipt of a proper request and a fee of $6 $5, the Secretary of State shall provide a driver's record to the affected driver, or the affected driver's attorney, upon verification. Such record shall contain all the information referred to in paragraph 1 of this subsection (g) plus: any recorded accident involvement as a driver; information recorded
5464 JOURNAL OF THE [May 21, 1999] pursuant to subsection (e) of Section 6-117 and paragraph 4 of subsection (a) of Section 6-204 of this Code. All other information, unless otherwise permitted by this Code, shall remain confidential. (h) The Secretary shall not disclose social security numbers except pursuant to a written request by, or with the prior written consent of, the individual except to: (1) to officers and employees of the Secretary who have a need to know the social security numbers in performance of their official duties, (2) to law enforcement officials for a lawful, civil or criminal law enforcement investigation, and if the head of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security numbers are being sought, (3) to the United States Department of Transportation, or any other State, pursuant to the administration and enforcement of the Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to the order of a court of competent jurisdiction, or (5) to the Department of Public Aid for utilization in the child support enforcement duties assigned to that Department under provisions of the Public Aid Code after the individual has received advanced meaningful notification of what redisclosure is sought by the Secretary in accordance with the federal Privacy Act; provided, the redisclosure shall not be authorized by the Secretary prior to September 30, 1992. (i) The Secretary of State is empowered to promulgate rules and regulations to effectuate this Section. (j) Medical statements or medical reports received in the Secretary of State's Office shall be confidential. No confidential information may be open to public inspection or the contents disclosed to anyone, except officers and employees of the Secretary who have a need to know the information contained in the medical reports and the Driver License Medical Advisory Board, unless so directed by an order of a court of competent jurisdiction. (k) All fees collected under this Section shall be paid into the Road Fund of the State Treasury, except that $3 of the $6 $5 fee for a driver's record shall be paid into the Secretary of State Special Services Fund. (l) The Secretary of State shall report his recommendations to the General Assembly by January 1, 1993, regarding the sale and dissemination of the information maintained by the Secretary, including the sale of lists of driver and vehicle records. (m) Notations of accident involvement that may be disclosed under this Section shall not include notations relating to damage to a vehicle or other property being transported by a tow truck. This information shall remain confidential, provided that nothing in this subsection (m) shall limit disclosure of any notification of accident involvement to any law enforcement agency or official. (n) Requests made by the news media for driver's license, vehicle, or title registration information may be furnished without charge or at a reduced charge, as determined by the Secretary, when the specific purpose for requesting the documents is deemed to be in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of gaining a personal or commercial benefit. (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; revised 1-30-99.) (625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305) Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt vehicle shall be $94 $75. All such fees received by the Secretary of State shall be deposited into the Road Fund.
HOUSE OF REPRESENTATIVES 5465 (Source: P.A. 84-1302; 84-1304.) (625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403) Sec. 3-403. Trip and Short-term permits. (a) The Secretary of State may issue a short-term permit to operate a nonregistered first or second division vehicle within the State of Illinois for a period of not more than 5 days. Any second division vehicle operating on such permit may operate only on empty weight. The fee for the short-term permit shall be $6 $5.00. This permit may also be issued to operate an unladen registered vehicle which is suspended under the Vehicle Emissions Inspection Law and allow it to be driven on the roads and highways of the State in order to be repaired or when travelling to and from an emissions inspection station. (b) The Secretary of State may, subject to reciprocal agreements, arrangements or declarations made or entered into pursuant to Section 3-402, 3-402.4 or by rule, provide for and issue registration permits for the use of Illinois highways by vehicles of the second division on an occasional basis or for a specific and special short-term use, in compliance with rules and regulations promulgated by the Secretary of State, and upon payment of the prescribed fee as follows: One-trip permits. A registration permit for one trip, or one round-trip into and out of Illinois, for a period not to exceed 72 consecutive hours or 3 calendar days may be provided, for a fee as prescribed in Section 3-811. One-Month permits. A registration permit for 30 days may be provided for a fee of $13 $10 for registration plus 1/10 of the flat weight tax. The minimum fee for such permit shall be $31 $25. In-transit permits. A registration permit for one trip may be provided for vehicles in transit by the driveaway or towaway method and operated by a transporter in compliance with the Illinois Motor Carrier of Property Law, for a fee as prescribed in Section 3-811. Illinois Temporary Apportionment Authorization Permits. An apportionment authorization permit for forty-five days for the immediate operation of a vehicle upon application for and prior to receiving apportioned credentials or interstate credentials from the State of Illinois. The fee for such permit shall be $3 $2. Illinois Temporary Prorate Authorization Permit. A prorate authorization permit for forty-five days for the immediate operation of a vehicle upon application for and prior to receiving prorate credentials or interstate credentials from the State of Illinois. The fee for such permit shall be $3 $2. (c) The Secretary of State shall promulgate by such rule or regulation, schedules of fees and taxes for such permits and in computing the amount or amounts due, may round off such amount to the nearest full dollar amount. (d) The Secretary of State shall further prescribe the form of application and permit and may require such information and data as necessary and proper, including confirming the status or identity of the applicant and the vehicle in question. (e) Rules or regulations promulgated by the Secretary of State under this Section shall provide for reasonable and proper limitations and restrictions governing the application for and issuance and use of permits, and shall provide for the number of permits per vehicle or per applicant, so as to preclude evasion of annual registration requirements as may be required by this Act. (f) Any permit under this Section is subject to suspension or revocation under this Act, and in addition, any such permit is subject to suspension or revocation should the Secretary of State determine that the vehicle identified in any permit should be properly registered in Illinois. In the event any such permit is
5466 JOURNAL OF THE [May 21, 1999] suspended or revoked, the permit is then null and void, may not be re-instated, nor is a refund therefor available. The vehicle identified in such permit may not thereafter be operated in Illinois without being properly registered as provided in this Chapter. (Source: P.A. 87-206; 88-415.) (625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607) Sec. 3-607. Amateur Radio Operators. Amateur radio operators may obtain the issuance of registration plates for motor vehicles of the first division, and second division motor vehicles under 8,000 pounds, corresponding to their call letters, provided they make application therefor, which is subject to the staggered registration system, prior to October 1st of the final year of the current registration plate term and pay an additional fee of $4 $3.00. (Source: P.A. 84-1308.) (625 ILCS 5/3-619) (from Ch. 95 1/2, par. 3-619) Sec. 3-619. Sample Registration plates and stickers. The Secretary of State, upon receipt of an application made on the form prescribed by the Secretary, may issue to any law enforcement agency in this State, or to any authorized agency of any foreign jurisdiction, or to any motion picture or television industry, one or more Sample Registration Plates and stickers. The design of such plates and stickers shall be wholly within the discretion of the Secretary, and shall be issued without charge. The Secretary of State, upon receipt of an application made on the form prescribed by the Secretary, may issue to any other individual one or more Sample Registration Plates and stickers for a fee of $4 $3.00 for each Sample Registration Plate and sticker. (Source: P.A. 85-951.) (625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) Sec. 3-804. Antique vehicles. (a) The owner of an antique vehicle may register such vehicle for a fee not to exceed $13 $10 for a 2-year antique plate. The application for registration must be accompanied by an affirmation of the owner that such vehicle will be driven on the highway only for the purpose of going to and returning from an antique auto show or an exhibition, or for servicing or demonstration and also affirming that the mechanical condition, physical condition, brakes, lights, glass and appearance of such vehicle is the same or as safe as originally equipped. The Secretary may, in his discretion prescribe that antique vehicle plates be issued for a definite or an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. In no event may the registration fee for antique vehicles exceed $6 $5 per registration year. Any person requesting antique plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (b) Any person who is the registered owner of an antique vehicle may display a historical license plate from or representing the model year of the vehicle, furnished by such person, in lieu of the current and valid Illinois antique vehicle plates issued thereto, provided that valid and current Illinois antique vehicle plates and registration card issued to such antique vehicle are simultaneously carried within such vehicle and are available for inspection. (Source: P.A. 86-480.) (625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02) Sec. 3-804.02. Commuter Vans. The owner of a commuter van may register such van for an annual fee not to exceed $63 $50. The Secretary may prescribe that commuter van plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally. In no event may the registration fee for commuter vans exceed $63 $50 per registration year.
HOUSE OF REPRESENTATIVES 5467 (Source: P.A. 90-89, eff. 1-1-98.) (625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805) Sec. 3-805. Electric vehicles. The owner of a motor vehicle of the first division propelled by an electric engine and not utilizing motor fuel, may register such vehicle for a fee not to exceed $35 $28.00 for a 2-year registration period. The Secretary may, in his discretion, prescribe that electric vehicle registration plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. In no event may the registration fee for electric vehicles exceed $18 $14 per registration year. (Source: P.A. 89-245, eff. 1-1-96.) (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806) Sec. 3-806. Registration Fees; Motor Vehicles of the First Division. Every owner of any other motor vehicle of the first division, except as provided in Sections 3-804, 3-805, 3-806.3, and 3-808, and every second division vehicle weighing 8,000 pounds or less, shall pay the Secretary of State an annual registration fee at the following rates: SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 1985 registration year Reduced Fee Annual On and After Fee June 15 35 Horse Power and less $36 $18 Over 35 Horse Power 48 24 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven Cycles and Pedalcycles 30 15 SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 1986 registration year Reduced Fee Annual On and After Fee June 15 Motor vehicles of the first division other than Motorcycles, Motor Driven Cycles and Pedalcycles $48 $24 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven Cycles and Pedalcycles 30 15 SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 2001 registration year Reduced Fee Annual On and After Fee June 15 Motor vehicles of the first division other than Motorcycles, Motor Driven Cycles and Pedalcycles $78 $39 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven
5468 JOURNAL OF THE [May 21, 1999] Cycles and Pedalcycles 38 19 (Source: P.A. 89-245, eff. 1-1-96.) (625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1) Sec. 3-806.1. Additional fees for vanity license plates. In addition to the regular registration fee, an applicant shall be charged $94 $75 for each set of vanity license plates issued to a motor vehicle of the first division or a motor vehicle of the second division registered at not more than 8,000 pounds or to a recreational vehicle and $50 $40 for each set of vanity plates issued to a motorcycle. In addition to the regular renewal fee, an applicant shall be charged $13 $10 for the renewal of each set of vanity license plates. (Source: P.A. 86-480.) (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3) Sec. 3-806.3. Senior Citizens. Commencing with the 1986 registration year and extending through the 2000 registration year, the registration fee paid by any vehicle owner who has claimed and received a grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or who is the spouse of such a person shall be reduced by 50% for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-616, motor vehicles registered at 8,000 pounds or less under Section 3-815(a) and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to the reduced registration rate for the registration year in which the claimant was eligible. Commencing with the 2001 registration year, the registration fee paid by any vehicle owner who has claimed and received a grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or who is the spouse of such a person shall be $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-616, motor vehicles registered at 8,000 pounds or less under Section 3-815(a) and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to this reduced registration fee for the registration year in which the claimant was eligible. No more than one reduced registration fee under this Section shall be allowed during any 12 month period based on the primary eligibility of any individual, whether such reduced registration fee is allowed to the individual or to the spouse, widow or widower of such individual. This Section does The reduction shall not apply to the fee paid in addition to the registration fee for motor vehicles displaying personalized license plates under Section 3-806.1. (Source: P.A. 86-444.) (625 ILCS 5/3-807) (from Ch. 95 1/2, par. 3-807) Sec. 3-807. Busses operating within Municipality; Registration Fee. The registration fee of $13 $10 per 2-year registration period shall be paid by the owners of 2 axle motor vehicles which are designed and used as busses in a public system for transporting more than 10 passengers, which vehicles are used as common carriers in the general transportation of passengers and not devoted to any specialized purpose, and which operate entirely within the territorial limits of a single municipality, or a single municipality and municipalities contiguous thereto, or in a close radius thereof, and whose operations are subject to the regulations of the Illinois Commerce Commission. Owners of such vehicles are exempt from paying
HOUSE OF REPRESENTATIVES 5469 either a flat weight tax or mileage weight tax. There shall be no reduction in such registration fee even though such registration is made after the beginning of the registration period. (Source: P.A. 83-12.) (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808) Sec. 3-808. Governmental and charitable vehicles; Registration fees. (a) A registration fee of $10 $8 per 2 year registration period shall be paid by the owner in the following cases: 1. Vehicles operated exclusively as a school bus for school purposes by any school district or any religious or denominational institution, except that such a school bus may be used by such a religious or denominational institution for the transportation of persons to or from any of its official activities. 2. Vehicles operated exclusively in a high school driver training program by any school district or school operated by a religious institution. 3. Rescue squad vehicles which are owned and operated by a corporation or association organized and operated not for profit for the purpose of conducting such rescue operations. 4. Vehicles, used exclusively as school buses for any school district, which are neither owned nor operated by such district. 5. Charitable vehicles. (b) Annual vehicle registration plates shall be issued, at no charge, to the following: 1. Medical transport vehicles owned and operated by the State of Illinois or by any State agency financed by funds appropriated by the General Assembly. 2. Medical transport vehicles operated by or for any county, township or municipal corporation. (c) Ceremonial plates. Upon payment of a registration fee of $78 $48 per 2-year registration period, the Secretary of State shall issue registration plates to vehicles operated exclusively for ceremonial purposes by any not-for-profit veterans', fraternal, or civic organization. The Secretary of State may prescribe that ceremonial vehicle registration plates be issued for an indefinite term, that term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. (d) In any event, any vehicle registered under this Section used or operated for purposes other than those herein prescribed shall be subject to revocation, and in that event, the owner may be required to properly register such vehicle under the provisions of this Code. (e) As a prerequisite to registration under this Section, the Secretary of State may require the vehicle owners listed in subsection (a) of this Section who are exempt from federal income taxation under subsection (c) of Section 501 of the Internal Revenue Code of 1986, as now or hereafter amended, to submit to him a determination letter, ruling or other written evidence of tax exempt status issued by the Internal Revenue Service. The Secretary may accept a certified copy of the document issued by the Internal Revenue Service as evidence of the exemption. The Secretary may require documentation of eligibility under this Section to accompany an application for registration. (f) Special event plates. The Secretary of State may issue registration plates in recognition or commemoration of special events which promote the interests of Illinois citizens. These plates shall be valid for no more than 60 days prior to the date of expiration. The Secretary shall require the applicant for such plates to pay for the costs of furnishing the plates.
5470 JOURNAL OF THE [May 21, 1999] Beginning July 1, 1991, all special event plates shall be recorded in the Secretary of State's files for immediate identification. The Secretary of State, upon issuing a new series of special event plates, shall notify all law enforcement officials of the design and other special features of the special plate series. All special event plates shall indicate, in the lower right corner, the date of expiration in characters no less than 1/2 inch high. (Source: P.A. 89-245, eff. 1-1-96; 89-564, eff. 7-26-96; 89-626, eff. 8-9-96; 90-89, eff. 1-1-98.) (625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809) Sec. 3-809. Farm machinery, exempt vehicles and fertilizer spreaders - registration fee. (a) Vehicles of the second division having a corn sheller, a well driller, hay press, clover huller, feed mixer and unloader, or other farm machinery permanently mounted thereon and used solely for transporting the same, farm wagon type trailers having a fertilizer spreader attachment permanently mounted thereon, having a gross weight of not to exceed 36,000 pounds and used only for the transportation of bulk fertilizer, and farm wagon type tank trailers of not to exceed 2,000 gallons capacity, used during the liquid fertilizer season as field-storage "nurse tanks" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farm or field or from one farm or field to another, or used during the lime season and moved on the highways only for bringing from a local source of supply to farm or field or from one farm or field to another, shall be registered upon the filing of a proper application and the payment of a registration fee of $13 $10 per 2-year registration period. This registration fee of $13 $10 shall be paid in full and shall not be reduced even though such registration is made after the beginning of the registration period. (b) Vehicles exempt from registration under the provisions of Section 3-402.A of this Act, as amended, except those vehicles required to be registered under paragraph (c) of this Section, may, at the option of the owner, be identified as exempt vehicles by displaying registration plates issued by the Secretary of State. The owner thereof may apply for such registration plates upon the filing of a proper application and the payment of a registration fee of $13 $10, and this registration shall be valid for a 2 year registration period. This $13 $10 fee shall be paid in full and shall not be reduced even though the application is made after the beginning of the registration period. The application for and display of such registration plates for identification purposes by vehicles exempt from registration shall not be deemed as a waiver or recision of its exempt status, nor make such vehicle subject to registration. (c) Any single unit self-propelled agricultural fertilizer implement, designed for both on and off road use, equipped with flotation tires and otherwise specially adapted for the application of plant food materials or agricultural chemicals, desiring to be operated upon the highways ladened with load shall be registered upon the filing of a proper application and payment of a registration fee of $250 $200. The registration fee shall be paid in full and shall not be reduced even though such registration is made during the second half of the registration year. These vehicles shall, whether loaded or unloaded, be limited to a maximum gross weight of 36,000 pounds, restricted to a highway speed of not more than 30 miles per hour and a legal width of not more than 12 feet. Such vehicles shall be limited to the furthering of agricultural or horticultural pursuits and in furtherance of these pursuits, such vehicles may be
HOUSE OF REPRESENTATIVES 5471 operated upon the highway, within a 50 mile radius of their point of loading as indicated on the written or printed statement required by the "Illinois Fertilizer Act of 1961", as amended, for the purpose of moving plant food materials or agricultural chemicals to the field, or from field to field, for the sole purpose of application. No single unit self-propelled agricultural fertilizer implement, designed for both on and off road use, equipped with flotation tires and otherwise specially adapted for the application of plant food materials or agricultural chemicals, having a width of more than 12 feet or a gross weight in excess of 36,000 pounds, shall be permitted to operate upon the highways ladened with load. Whenever any vehicle is operated in violation of Section 3-809 (c) of this Act, the owner or the driver of such vehicle shall be deemed guilty of a petty offense and either may be prosecuted for such violation. (Source: P.A. 86-1236.) (625 ILCS 5/3-809.1) (from Ch. 95 1/2, par. 3-809.1) Sec. 3-809.1. Vehicles of second division used for transporting soil and conservation machinery and equipment-Registration fee. Not for hire vehicles of the second division used, only in the territory within a 75 mile radius of the owner's headquarters, solely for transporting the owner's machinery, equipment, plastic tubing, tile and steel reinforcement materials used exclusively for soil and water conservation work on farms, other work on farms and in drainage districts organized for agricultural purposes, shall be registered upon the filing of a proper application and the payment of a registration fee of $488 $390 per annum. The registration fee of $488 $390 shall be paid in full and shall not be reduced even though such registration is made during the second half of the registration year. (Source: P.A. 85-1396.) (625 ILCS 5/3-810) (from Ch. 95 1/2, par. 3-810) Sec. 3-810. Dealers, Manufacturers, Engine and Driveline Component Manufacturers, Transporters and Repossessors - Registration Plates. (a) Dealers, manufacturers and transporters registered under this Act may obtain registration plates for use as provided in this Act, at the following rates: Initial set of dealer's, manufacturer's or transporter's "in-transit" plates: $45 $36 Duplicate Plates: $13 $10 Manufacturers of engine and driveline components registered under this Act may obtain registration plates at the following rates: Initial set of "test vehicle" plates: $94 $75 Duplicate plates: $25 $20 Repossessors and other persons qualified and registered under Section 3-601 of this Act may obtain registration plates at the rate of $45 $36 per set. (Source: P.A. 83-12.) (625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811) Sec. 3-811. Driveaway decals and permits - Fees. (a) Dealers may obtain driveaway decal permits for use as provided in this Code, for a fee of $6 $5 per permit. (b) Transporters may obtain one-trip permits for vehicles in transit for use as provided in this Code, for a fee of $6 $5 per permit. (c) Non-residents may likewise obtain a driveaway decal permit from the Secretary of State to export a motor vehicle purchased in Illinois, for a fee of $6 $5 per permit. (d) One-trip permits may be obtained for an occasional single trip by a vehicle as provided in this Code, upon payment of a fee of
5472 JOURNAL OF THE [May 21, 1999] $19 $15. (e) One month permits may likewise be obtained for the fees and taxes prescribed in this Code and as promulgated by the Secretary of State. (Source: P.A. 88-415.) (625 ILCS 5/3-812) (from Ch. 95 1/2, par. 3-812) Sec. 3-812. Vehicles with Permanently Mounted Equipment - Registration Fees. Vehicles having permanently mounted equipment thereon used exclusively by the owner for the transporting of such permanently mounted equipment and tools and equipment to be used incidentally in the work to be performed with the permanently mounted equipment and provided such vehicle is not used for hire shall be registered upon the filing of a proper application and the payment of a registration fee based upon a rate of: $45 $36 per year (or fraction of a year) for each 10,000 pounds (or portion thereof) of the gross weight of such motor vehicle and equipment, according to the following table of fees: SCHEDULE OF FEES REQUIRED BY LAW Gross Weight in Lbs. Including Vehicle and Total Equipment Annual Fees 10,000 lbs. and less $45 $36 10,001 lbs. to 20,000 lbs. 90 72 20,001 lbs. to 30,000 lbs. 135 108 30,001 lbs. to 40,000 lbs. 180 144 40,001 lbs. to 50,000 lbs. 225 180 50,001 lbs. to 60,000 lbs. 270 216 60,001 lbs. to 70,000 lbs. 315 252 70,001 lbs. to 73,280 lbs. 340 272 73,281 lbs. to 80,000 lbs. 385 308 (Source: P.A. 84-213.) (625 ILCS 5/3-814) (from Ch. 95 1/2, par. 3-814) Sec. 3-814. Semitrailer registration fees. Effective with the 1984 registration year to the end of the 1998 registration year, an owner of a semitrailer shall pay to the Secretary of State, for the use of the public highways of this State, a flat weight tax of $60, which includes the registration fee, for a 5 year semitrailer plate. Effective with the 1999 registration year an owner of a semitrailer shall pay to the Secretary of State, for the use of the public highways of this State, a one time flat tax of $15, which includes the registration fee, for a permanent non-transferrable semitrailer plate. Effective with the 2001 registration year, an owner of a semitrailer shall pay to the Secretary of State, for the use of public highways of this State, a one-time flat tax of $19, which includes the registration fee, for a permanent non-transferrable semitrailer plate. (Source: P.A. 89-710, eff. 2-14-97.) (625 ILCS 5/3-814.1) (from Ch. 95 1/2, par. 3-814.1) Sec. 3-814.1. Apportionable trailer and semitrailer fees. Beginning April 1, 1994 through March 31, 1998, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay an annual registration fee of $12 to the Secretary of State. Beginning April 1, 1998 through March 31, 2000, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay a one time registration fee of $15 to the Secretary of State for a permanent non-transferrable plate. Beginning April 1, 2000, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay a one-time registration fee of $19 to the Secretary of State for a
HOUSE OF REPRESENTATIVES 5473 permanent non-transferrable plate. (Source: P.A. 89-710, eff. 2-14-97.) (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815) Sec. 3-815. Flat weight tax; vehicles of the second division. (a) In addition to the registration fee specified in Section 3-813, and Except as provided in Section 3-806.3, every owner of a vehicle of the second division registered under Section 3-813, and not registered under the mileage weight tax under Section 3-818, shall pay to the Secretary of State, for each registration year, for the use of the public highways, a flat weight tax at the rates set forth in the following table, the rates including the $10 registration fee: SCHEDULE OF FLAT WEIGHT TAX REQUIRED BY LAW Gross Weight in Lbs. Total Fees Including Vehicle each Fiscal and Maximum year Load Class 8,000 lbs. and less B $78 $ 48 8,001 lbs. to 12,000 lbs. D 138 108 12,001 lbs. to 16,000 lbs. F 242 192 16,001 lbs. to 26,000 lbs. H 490 390 26,001 lbs. to 28,000 lbs. J 630 504 28,001 lbs. to 32,000 lbs. K 842 672 32,001 lbs. to 36,000 lbs. L 982 784 36,001 lbs. to 40,000 lbs. N 1,202 960 40,001 lbs. to 45,000 lbs. P 1,390 1110 45,001 lbs. to 50,000 lbs. Q 1,538 1228 50,001 lbs. to 54,999 lbs. R 1,698 1356 55,000 lbs. to 59,500 lbs. S 1,830 1464 59,501 lbs. to 64,000 lbs. T 1,970 1574 64,001 lbs. to 73,280 lbs. V 2,294 1834 73,281 lbs. to 77,000 lbs. X 2,622 2096 77,001 lbs. to 80,000 lbs. Z 2,790 2232 (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of the second division registered under Section 3-813 transporting asphalt or concrete in the plastic state or a vehicle or combination of vehicles that are subject to the gross weight limitations in subsection (b) of Section 15-111 for which the owner of the vehicle or combination of vehicles has elected to pay, in addition to the registration fee in subsection (a), $125 $100 to the Secretary of State for each registration year. The Secretary shall designate this class of vehicle as a Special Hauling Vehicle. (b) Except as provided in Section 3-806.3, every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes, and not used commercially, nor for hire, nor owned by a commercial business, may be registered for each registration year upon the filing of a proper application and the payment of a registration fee and highway use tax, according to the following table of fees: MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year 8,000 lbs and less $78 $48 8,001 Lbs. to 10,000 Lbs 90 60 10,001 Lbs. and Over 102 72 CAMPING TRAILER OR TRAVEL TRAILER Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year
5474 JOURNAL OF THE [May 21, 1999] 3,000 Lbs. and Less $18 $12 3,001 Lbs. to 8,000 Lbs. 30 22 8,001 Lbs. to 10,000 Lbs. 38 30 10,001 Lbs. and Over 50 40 Every house trailer must be registered under Section 3-819. (c) Farm Truck. Any truck used exclusively for the owner's own agricultural, horticultural or livestock raising operations and not-for-hire only, or any truck used only in the transportation for-hire of seasonal, fresh, perishable fruit or vegetables from farm to the point of first processing, may be registered by the owner under this paragraph in lieu of registration under paragraph (a), upon filing of a proper application and the payment of the $10 registration fee and the highway use tax herein specified as follows: SCHEDULE OF FEES AND TAXES Gross Weight in Lbs. Total Amount for Including Truck and each Maximum Load Class Fiscal Year 16,000 lbs. or less VF $150 $120 16,001 to 20,000 lbs. VG 226 180 20,001 to 24,000 lbs. VH 290 230 24,001 to 28,000 lbs. VJ 378 302 28,001 to 32,000 lbs. VK 506 404 32,001 to 36,000 lbs. VL 610 486 36,001 to 45,000 lbs. VP 810 648 45,001 to 54,999 lbs. VR 1,026 820 55,000 to 64,000 lbs. VT 1,202 960 64,001 to 73,280 lbs. VV 1,290 1,032 73,281 to 77,000 lbs. VX 1,350 1,080 77,001 to 80,000 lbs. VZ 1,490 1,192 In the event the Secretary of State revokes a farm truck registration as authorized by law, the owner shall pay the flat weight tax due hereunder before operating such truck. Any combination of vehicles having 5 axles, with a distance of 42 feet or less between extreme axles, that are subject to the weight limitations in subsection (a) and (b) of Section 15-111 for which the owner of the combination of vehicles has elected to pay, in addition to the registration fee in subsection (c), $125 $100 to the Secretary of State for each registration year shall be designated by the Secretary as a Special Hauling Vehicle. (d) The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code. (e) An owner may only apply for and receive 5 farm truck registrations, and only 2 of those 5 vehicles shall exceed 59,500 gross weight in pounds per vehicle. (f) Every person convicted of violating this Section by failure to pay the appropriate flat weight tax to the Secretary of State as set forth in the above tables shall be punished as provided for in Section 3-401. (Source: P.A. 88-403; 88-476; 88-617, eff. 9-9-94; 88-670, eff. 12-2-94; 89-710, eff. 2-14-97.) (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818) Sec. 3-818. (a) Mileage weight tax option. Any owner of a vehicle of the second division may elect to pay a mileage weight tax for such vehicle in lieu of the flat weight tax set out in Section 3-815. Such election shall be binding to the end of the registration year. Renewal of this election must be filed with the Secretary of State on or before July 1 of each registration period. In such event the owner shall, at the time of making such election, pay the $10 registration fee and the minimum guaranteed mileage weight tax, as hereinafter provided, which payment shall permit the owner to operate that vehicle the maximum mileage in this State hereinafter set forth.
HOUSE OF REPRESENTATIVES 5475 Any vehicle being operated on mileage plates cannot be operated outside of this State. In addition thereto, the owner of that vehicle shall pay a mileage weight tax at the following rates for each mile traveled in this State in excess of the maximum mileage provided under the minimum guaranteed basis: BUS, TRUCK OR TRUCK TRACTOR Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 12,000 lbs. or less MD $73 $58 5,000 26 21 Mills 12,001 to 16,000 lbs. MF 120 96 6,000 34 27 Mills 16,001 to 20,000 lbs. MG 180 144 6,000 46 37 Mills 20,001 to 24,000 lbs. MH 235 188 6,000 63 50 Mills 24,001 to 28,000 lbs. MJ 315 252 7,000 63 50 Mills 28,001 to 32,000 lbs. MK 385 308 7,000 83 66 Mills 32,001 to 36,000 lbs. ML 485 388 7,000 99 79 Mills 36,001 to 40,000 lbs. MN 615 492 7,000 128 102 Mills 40,001 to 45,000 lbs. MP 695 556 7,000 139 111 Mills 45,001 to 54,999 lbs. MR 853 682 7,000 156 125 Mills 55,000 to 59,500 lbs. MS 920 736 7,000 178 142 Mills 59,501 to 64,000 lbs. MT 985 788 7,000 195 156 Mills 64,001 to 73,280 lbs. MV 1,173 938 7,000 225 180 Mills 73,281 to 77,000 lbs. MX 1,328 1,062 7,000 258 206 Mills 77,001 to 80,000 lbs. MZ 1,415 1,132 7,000 275 220 Mills TRAILER Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 14,000 lbs. or less ME $75 $60 5,000 31 25 Mills 14,001 to 20,000 lbs. MF 135 108 6,000 36 29 Mills 20,001 to 36,000 lbs. ML 540 432 7,000 103 82 Mills 36,001 to 40,000 lbs. MM 750 600 7,000 150 120 Mills (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of the second division registered under Section 3-813 transporting asphalt or concrete in the plastic state or a vehicle or combination of vehicles that are subject to the gross weight limitations in subsection (b) of Section 15-111 for which the owner of the vehicle or combination of vehicles has elected to pay, in addition to the registration fee in subsection (a), $125 $100 to the Secretary of State for each registration year. The Secretary shall designate this class of vehicle as a Special Hauling Vehicle. In preparing rate schedules on registration applications, the Secretary of State shall add to the above rates, the $10 registration fee. The Secretary may decline to accept any renewal filed after July 1st. The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code. Every owner of a second division motor vehicle for which he has elected to pay a mileage weight tax shall keep a daily record upon forms prescribed by the Secretary of State, showing the mileage covered by that vehicle in this State. Such record shall contain the license number of the vehicle and the miles traveled by the vehicle in this State for each day of the calendar month. Such owner shall also maintain records of fuel consumed by each such motor vehicle and fuel purchases therefor. On or before the 10th day of January and
5476 JOURNAL OF THE [May 21, 1999] July the owner shall certify to the Secretary of State upon forms prescribed therefor, summaries of his daily records which shall show the miles traveled by the vehicle in this State during the preceding 6 months and such other information as the Secretary of State may require. The daily record and fuel records shall be filed, preserved and available for audit for a period of 3 years. Any owner filing a return hereunder shall certify that such return is a true, correct and complete return. Any person who willfully makes a false return hereunder is guilty of perjury and shall be punished in the same manner and to the same extent as is provided therefor. At the time of filing his return, each owner shall pay to the Secretary of State the proper amount of tax at the rate herein imposed. Every owner of a vehicle of the second division who elects to pay on a mileage weight tax basis and who operates the vehicle within this State, shall file with the Secretary of State a bond in the amount of $500. The bond shall be in a form approved by the Secretary of State and with a surety company approved by the Illinois Department of Insurance to transact business in this State as surety, and shall be conditioned upon such applicant's paying to the State of Illinois all money becoming due by reason of the operation of the second division vehicle in this State, together with all penalties and interest thereon. (Source: P.A. 88-403; 89-571, eff. 7-26-96; 89-710, eff. 2-14-97.) (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819) Sec. 3-819. Trailer; Flat weight tax. (a) Farm Trailer. Any farm trailer drawn by a motor vehicle of the second division registered under paragraph (a) or (c) of Section 3-815 and used exclusively by the owner for his own agricultural, horticultural or livestock raising operations and not used for hire, or any farm trailer utilized only in the transportation for-hire of seasonal, fresh, perishable fruit or vegetables from farm to the point of first processing, and any trailer used with a farm tractor that is not an implement of husbandry may be registered under this paragraph in lieu of registration under paragraph (b) of this Section upon the filing of a proper application and the payment of the $10 registration fee and the highway use tax herein for use of the public highways of this State, at the following rates which include the $10 registration fee: SCHEDULE OF FEES AND TAXES Gross Weight in Lbs. Class Total Amount Including Vehicle and Maximum Load each Fiscal Year 10,000 lbs. or less VDD $60 $48 10,001 to 14,000 lbs. VDE 106 84 14,001 to 20,000 lbs. VDG 166 132 20,001 to 28,000 lbs. VDJ 378 302 28,001 to 36,000 lbs. VDL 650 518 An owner may only apply for and receive two farm trailer registrations. (b) All other owners of trailers, other than apportionable trailers registered under Section 3-402.1 of this Code, used with a motor vehicle on the public highways, shall pay to the Secretary of State for each registration year a flat weight tax, for the use of the public highways of this State, at the following rates (which includes the registration fee of $10 required by Section 3-813): SCHEDULE OF TRAILER FLAT WEIGHT TAX REQUIRED BY LAW Gross Weight in Lbs. Total Fees Including Vehicle and each Maximum Load Class Fiscal Year
HOUSE OF REPRESENTATIVES 5477 3,000 lbs. and less TA $18 $ 14 5,000 lbs. and more than 3,000 TB 54 42 8,000 lbs. and more than 5,000 TC 58 44 10,000 lbs. and more than 8,000 TD 106 82 14,000 lbs. and more than 10,000 TE 170 134 20,000 lbs. and and more than 14,000 TG 258 204 32,000 lbs. and more than 20,000 TK 722 576 36,000 lbs. and more than 32,000 TL 1,082 864 40,000 lbs. and more than 36,000 TN 1,502 1200 (c) The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code. (Source: P.A. 86-1340; 87-206.) (625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820) Sec. 3-820. Duplicate Number Plates. Upon filing in the Office of the Secretary of State an affidavit to the effect that an original number plate for a vehicle is lost, stolen or destroyed, a duplicate number plate shall be furnished upon payment of a fee of $6 $5 for each duplicate plate and a fee of $9 $7 for a pair of duplicate plates. Upon filing in the Office of the Secretary of State an affidavit to the effect that an original registration sticker for a vehicle is lost, stolen or destroyed, a new registration sticker shall be furnished upon payment of a fee of $5 $4. The Secretary of State may, in his discretion, assign a new number plate or plates in lieu of a duplicate of the plate or plates so lost, stolen or destroyed, but such assignment of a new plate or plates shall not affect the right of the owner to secure a reassignment of his original registration number in the manner provided in this Act. The fee for one new number plate shall be $6 $5, and for a pair of new number plates, $9 $7. For the administration of this Section, the Secretary shall consider the loss of a registration plate or plates with properly affixed registration stickers as requiring the payment of either $11 $9 for each duplicate or $14 $11 for a pair of duplicate plates or $19 $15 for a pair of duplicate plates if stickers are required on both front and rear registration plates. (Source: P.A. 83-12.) (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) Sec. 3-821. Miscellaneous Registration and Title Fees. (a) The fee to be paid to the Secretary of State for the following certificates, registrations or evidences of proper registration, or for corrected or duplicate documents shall be in accordance with the following schedule: Certificate of Title, except for an all-terrain vehicle or off-highway motorcycle $65 $13 Certificate of Title for an all-terrain vehicle or off-highway motorcycle $30 Certificate of Title for an all-terrain vehicle or off-highway motorcycle used for production agriculture 13 Transfer of Registration or any evidence of proper registration 15 12 Duplicate Registration Card for plates or other evidence of proper registration 3 2 Duplicate Registration Sticker or Stickers, each 5 4 Duplicate Certificate of Title 65 13 Corrected Registration Card or Card for other evidence of proper registration 3 2 Corrected Certificate of Title 65 13 Salvage Certificate 4 3 Fleet Reciprocity Permit 15 12
5478 JOURNAL OF THE [May 21, 1999] Prorate Decal 1 Prorate Backing Plate 3 2 There shall be no fee paid for a Junking Certificate. (b) The Secretary may prescribe the maximum service charge to be imposed upon an applicant for renewal of a registration by any person authorized by law to receive and remit or transmit to the Secretary such renewal application and fees therewith. (c) If a check is delivered to the Office of the Secretary of State as payment of any fee or tax under this Code, and such check is not honored by the bank on which it is drawn for any reason, the registrant or other person tendering the check remains liable for the payment of such fee or tax. The Secretary of State may assess a service charge of $19 $15 in addition to the fee or tax due and owing for all dishonored checks. If the total amount then due and owing exceeds the sum of $50 and has not been paid in full within 60 days from the date such fee or tax became due to the Secretary of State, the Secretary of State shall assess a penalty of 25% of such amount remaining unpaid. All amounts payable under this Section shall be computed to the nearest dollar. (d) The minimum fee and tax to be paid by any applicant for apportionment of a fleet of vehicles under this Code shall be $15 $12 if the application was filed on or before the date specified by the Secretary together with fees and taxes due. If an application and the fees or taxes due are filed after the date specified by the Secretary, the Secretary may prescribe the payment of interest at the rate of 1/2 of 1% per month or fraction thereof after such due date and a minimum of $8 $6. (e) Trucks, truck tractors, truck tractors with loads, and motor buses, any one of which having a combined total weight in excess of 12,000 lbs. shall file an application for a Fleet Reciprocity Permit issued by the Secretary of State. This permit shall be in the possession of any driver operating a vehicle on Illinois highways. Any foreign licensed vehicle of the second division operating at any time in Illinois without a Fleet Reciprocity Permit or other proper Illinois registration, shall subject the operator to the penalties provided in Section 3-834 of this Code. For the purposes of this Code, "Fleet Reciprocity Permit" means any second division motor vehicle with a foreign license and used only in interstate transportation of goods. The fee for such permit shall be $15 $12 per fleet which shall include all vehicles of the fleet being registered. (f) For purposes of this Section, "all-terrain vehicle or off-highway motorcycle used for production agriculture" means any all-terrain vehicle or off-highway motorcycle used in the raising of or the propagation of livestock, crops for sale for human consumption, crops for livestock consumption, and production seed stock grown for the propagation of feed grains and the husbandry of animals or for the purpose of providing a food product, including the husbandry of blood stock as a main source of providing a food product. "All-terrain vehicle or off-highway motorcycle used in production agriculture" also means any all-terrain vehicle or off-highway motorcycle used in animal husbandry, floriculture, aquaculture, horticulture, and viticulture. (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.) (625 ILCS 5/3-824.5 new) Sec. 3-824.5. Applicability of fee and tax increases. The fee and tax increases in this Code made by this amendatory Act of the 91st General Assembly that apply to registrations apply to registration year 2001 and thereafter. The registration fees and taxes in existence on the day prior to the effective date of this
HOUSE OF REPRESENTATIVES 5479 amendatory Act of the 91st General Assembly apply throughout registration year 2000. All other fee and tax increases in this Code made by this amendatory Act of the 91st General Assembly shall apply beginning January 1, 2000 and thereafter. Section 99. Effective date. This Act takes effect July 1, 1999.". Submitted on May 21, 1999 s/Sen. James "Pate" Philip s/Rep. Michael J. Madigan s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. John Maitland, Jr. s/Rep. Gary Hannig s/Sen. Robert S. Molaro s/Rep. Art Tenhouse s/Sen. Emil Jones, Jr. s/Rep. Dan Rutherford Committee for the Senate Committee for the House A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the attached First Conference Committee Report: SENATE BILL NO. 1066 Adopted by the Senate, May 21, 1999. Jim Harry, Secretary of the Senate 91ST GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 1066 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1066, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 1066 be amended by replacing the title with the following: "AN ACT in relation to financing public infrastructure improvements, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Sections 5.490 and 6z-47 and changing Section 6z-45 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Fund for Illinois' Future. (30 ILCS 105/6z-45) Sec. 6z-45. The School Infrastructure Fund. (a) The School Infrastructure Fund is created as a special fund in the State Treasury. In addition to any other deposits authorized by law, beginning January 1, 2000, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and State Comptroller shall transfer the sum of $5,000,000 from the General Revenue Fund to the School Infrastructure Fund. (b) Subject to the transfer provisions set forth below, money in the School Infrastructure Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of school improvements under the School Construction Law Act, be set aside and used for the purpose of paying and discharging annually the
5480 JOURNAL OF THE [May 21, 1999] principal and interest on that bonded indebtedness then due and payable, and for no other purpose. In addition to other transfers to the General Obligation Bond Retirement and Interest Fund made pursuant to Section 15 of the General Obligation Bond Act, upon each delivery of bonds issued for construction of school improvements under the School Construction Law Act, the State Comptroller shall compute and certify to the State Treasurer the total amount of principal of, interest on, and premium, if any, on such bonds during the then current and each succeeding fiscal year. On or before the last day of each month, the State Treasurer and State Comptroller shall transfer from the School Infrastructure Fund to the General Obligation Bond Retirement and Interest Fund an amount sufficient to pay the aggregate of the principal of, interest on, and premium, if any, on the bonds payable on their next payment date, divided by the number of monthly transfers occurring between the last previous payment date (or the delivery date if no payment date has yet occurred) and the next succeeding payment date. (c) The surplus, if any, in the School Infrastructure Fund after the payment of principal and interest on that bonded indebtedness then annually due shall, subject to appropriation, be used as follows: First - to make 3 payments to the School Technology Revolving Loan Fund as follows: Transfer of $30,000,000 in fiscal year 1999; Transfer of $20,000,000 in fiscal year 2000; and Transfer of $10,000,000 in fiscal year 2001. Second - to pay the expenses of the State Board of Education and the Capital Development Board in administering programs under the School Construction Law Act, the total expenses not to exceed $1,000,000 in any fiscal year. Third - to pay any amounts due for grants for school construction projects and debt service under the School Construction Law Act. Fourth - to pay any amounts due for grants for school maintenance projects under the School Construction Law. (Source: P.A. 90-548, eff. 1-1-98; 90-587, eff. 7-1-98.) (30 ILCS 105/6z-47 new) Sec. 6z-47. Fund for Illinois' Future. (a) The Fund for Illinois' Future is hereby created as a special fund in the State Treasury. (b) Upon the effective date of this amendatory Act of the 91st General Assembly, or as soon as possible thereafter, the Comptroller shall order transferred and the Treasurer shall transfer $260,000,000 from the General Revenue Fund to the Fund for Illinois' Future. On July 15, 2000, or as soon as possible thereafter, the Comptroller shall order transferred and the Treasurer shall transfer $260,000,000 from the General Revenue Fund to the Fund for Illinois' Future. Revenues in the Fund for Illinois' Future shall include any other funds appropriated or transferred into the Fund. (c) Moneys in the Fund for Illinois' Future may be appropriated for the making of grants and expenditures for planning, engineering, acquisition, construction, reconstruction, development, improvement, and extension of public infrastructure in the State of Illinois, including grants to local governments for public infrastructure, grants to public elementary and secondary school districts for public infrastructure, grants to universities, colleges, community colleges, and non-profit corporations for public infrastructure, and expenditures for public infrastructure of the State and other related purposes, including but not limited to expenditures for equipment, vehicles, community programs, and recreational facilities.
HOUSE OF REPRESENTATIVES 5481 Section 10. The School Construction Law is amended by changing Sections 5-5, 5-25, and 5-35 and adding Section 5-100 as follows: (105 ILCS 230/5-5) Sec. 5-5. Definitions. As used in this Article: "Approved school construction bonds" mean bonds that were approved by referendum after January 1, 1996 but prior to January 1, 1998 as provided in Sections 19-2 through 19-7 of the School Code to provide funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable-equipment, and land for educational purposes. "Grant index" means a figure for each school district equal to one minus the ratio of the district's equalized assessed valuation per pupil in average daily attendance to the equalized assessed valuation per pupil in average daily attendance of the district located at the 90th percentile for all districts of the same type. The grant index shall be no less than 0.35 and no greater than 0.75 for each district; provided that the grant index for districts whose equalized assessed valuation per pupil in average daily attendance is at the 99th percentile and above for all districts of the same type shall be 0.00. "School construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable equipment, and land for educational purposes. "School maintenance project" means a project, other than a school construction project, intended to provide for the maintenance or upkeep of buildings or structures for educational purposes, but does not include ongoing operational costs. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-25) Sec. 5-25. Eligibility and project standards. (a) The State Board of Education shall establish eligibility standards for school construction project grants and debt service grants. These standards shall include minimum enrollment requirements for eligibility for school construction project grants of 200 students for elementary districts, 200 students for high school districts, and 400 students for unit districts. The State Board of Education shall approve a district's eligibility for a school construction project grant or a debt service grant pursuant to the established standards. (b) The Capital Development Board shall establish project standards for all school construction project grants provided pursuant to this Article. These standards shall include space and capacity standards as well as the determination of recognized project costs that shall be eligible for State financial assistance and enrichment costs that shall not be eligible for State financial assistance. (c) The State Board of Education and the Capital Development Board shall not establish standards that disapprove or otherwise establish limitations that restrict the eligibility of a school district with a population exceeding 500,000 for a school construction project grant based on the fact that any or all of the school construction project grant will be used to pay debt service or to make lease payments, as authorized by subsection (b) of Section 5-35 of this Law. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-35) Sec. 5-35. School construction project grant amounts; permitted use; prohibited use.
5482 JOURNAL OF THE [May 21, 1999] (a) The product of the district's grant index and the recognized project cost, as determined by the Capital Development Board, for an approved school construction project shall equal the amount of the grant the Capital Development Board shall provide to the eligible district. The grant index shall not be used in cases where the General Assembly and the Governor approve appropriations designated for specifically identified school district construction projects. (b) In each fiscal year in which school construction project grants are awarded, 20% of the total amount awarded statewide shall be awarded to a school district with a population exceeding 500,000, provided such district complies with the provisions of this Article. In addition to the uses otherwise authorized by this Law, any school district with a population exceeding 500,000 is authorized to use any or all of the school construction project grants (i) to pay debt service, as defined in the Local Government Debt Reform Act, on bonds, as defined in the Local Government Debt Reform Act, issued to finance one or more school construction projects and (ii) to the extent that any such bond is a lease or other installment or financing contract between the school district and a public building commission that has issued bonds to finance one or more qualifying school construction projects, to make lease payments under the lease. (c) No portion of a school construction project grant awarded by the Capital Development Board shall be used by a school district for any on-going operational costs. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-100 new) Sec. 5-100. School maintenance project grants. (a) The State Board of Education is authorized to make grants to school districts, without regard to enrollment, for school maintenance projects. These grants shall be paid out of moneys appropriated for that purpose from the School Infrastructure Fund. No grant under this Section for one fiscal year shall exceed $50,000, but a school district may receive grants for more than one project during one fiscal year. A school district must provide local matching funds in an amount equal to the amount of the grant under this Section. A school district has no entitlement to a grant under this Section. (b) The State Board of Education shall adopt rules to implement this Section. These rules need not be the same as the rules for school construction project grants or debt service grants. The rules may specify: (1) the manner of applying for grants; (2) project eligibility requirements; (3) restrictions on the use of grant moneys; (4) the manner in which school districts must account for the use of grant moneys; and (5) any other provision that the State Board determines to be necessary or useful for the administration of this Section. The rules shall specify the methods and standards to be used by the State Board to prioritize applications. School maintenance projects shall be prioritized in the following order: (i) emergency projects; (ii) health/life safety projects; (iii) State Program priority projects; (iv) permanent improvement projects; and (v) other projects. (c) In each school year in which school maintenance project grants are awarded, 20% of the total amount awarded shall be awarded to a school district with a population of more than 500,000, provided that the school district complies with the requirements of this Section and the rules adopted under this Section. Section 15. The Liquor Control Act of 1934 is amended by changing Section 8-1 as follows:
HOUSE OF REPRESENTATIVES 5483 (235 ILCS 5/8-1) (from Ch. 43, par. 158) Sec. 8-1. A tax is imposed upon the privilege of engaging in business as a manufacturer or as an importing distributor of alcoholic liquor other than beer at the rate of $0.185 per gallon for cider containing not less than 0.5% alcohol by volume nor more than 7% alcohol by volume, $0.73 23¢ per gallon for wine containing 14% or less of alcohol by volume other than cider containing less than 7% alcohol by volume, 60¢ per gallon for wine containing more than 14% of alcohol by volume, and $4.50 $2.00 per gallon on alcohol and spirits manufactured and sold or used by such manufacturer, or as agent for any other person, or sold or used by such importing distributor, or as agent for any other person. A tax is imposed upon the privilege of engaging in business as a manufacturer of beer or as an importing distributor of beer at the rate of $0.185 per gallon on all beer manufactured and sold or used by such manufacturer, or as agent for any other person, or sold or used by such importing distributor, or as agent for any other person. Any brewer manufacturing beer in this State shall be entitled to and given a credit or refund of 75% of the tax imposed on each gallon of beer up to 4.9 million gallons per year in any given calendar year for tax paid or payable on beer produced and sold in the State of Illinois. For the purpose of this Section, "cider" means any alcoholic beverage obtained by the alcohol fermentation of the juice of apples or pears including, but not limited to, flavored, sparkling, or carbonated cider. The credit or refund created by this Act shall apply to all beer taxes in the calendar years 1982 through 1986. The increases made by this amendatory Act of the 91st General Assembly in the rates of taxes imposed under this Section shall apply beginning on July 1, 1999. A tax at the rate of 1¢ per gallon on beer and 48¢ per gallon on alcohol and spirits is also imposed upon the privilege of engaging in business as a retailer or as a distributor who is not also an importing distributor with respect to all beer and all alcohol and spirits owned or possessed by such retailer or distributor when this amendatory Act of 1969 becomes effective, and with respect to which the additional tax imposed by this amendatory Act upon manufacturers and importing distributors does not apply. Retailers and distributors who are subject to the additional tax imposed by this paragraph of this Section shall be required to inventory such alcoholic liquor and to pay this additional tax in a manner prescribed by the Department. The provisions of this Section shall be construed to apply to any importing distributor engaging in business in this State, whether licensed or not. However, such tax is not imposed upon any such business as to any alcoholic liquor shipped outside Illinois by an Illinois licensed manufacturer or importing distributor, nor as to any alcoholic liquor delivered in Illinois by an Illinois licensed manufacturer or importing distributor to a purchaser for immediate transportation by the purchaser to another state into which the purchaser has a legal right, under the laws of such state, to import such alcoholic liquor, nor as to any alcoholic liquor other than beer sold by one Illinois licensed manufacturer or importing distributor to another Illinois licensed manufacturer or importing distributor to the extent to which the sale of alcoholic liquor other than beer by one Illinois licensed manufacturer or importing distributor to another Illinois licensed manufacturer or importing distributor is authorized by the licensing provisions of this Act, nor to alcoholic liquor whether manufactured in or imported into this State when sold to a "non-beverage user" licensed by the State for use in the manufacture of any of the following when they are unfit for beverage purposes:
5484 JOURNAL OF THE [May 21, 1999] Patent and proprietary medicines and medicinal, antiseptic, culinary and toilet preparations; Flavoring extracts and syrups and food products; Scientific, industrial and chemical products, excepting denatured alcohol; Or for scientific, chemical, experimental or mechanical purposes; Nor is the tax imposed upon the privilege of engaging in any business in interstate commerce or otherwise, which business may not, under the Constitution and Statutes of the United States, be made the subject of taxation by this State. The tax herein imposed shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or political subdivision thereof. If any alcoholic liquor manufactured in or imported into this State is sold to a licensed manufacturer or importing distributor by a licensed manufacturer or importing distributor to be used solely as an ingredient in the manufacture of any beverage for human consumption, the tax imposed upon such purchasing manufacturer or importing distributor shall be reduced by the amount of the taxes which have been paid by the selling manufacturer or importing distributor under this Act as to such alcoholic liquor so used to the Department of Revenue. If any person received any alcoholic liquors from a manufacturer or importing distributor, with respect to which alcoholic liquors no tax is imposed under this Article, and such alcoholic liquor shall thereafter be disposed of in such manner or under such circumstances as may cause the same to become the base for the tax imposed by this Article, such person shall make the same reports and returns, pay the same taxes and be subject to all other provisions of this Article relating to manufacturers and importing distributors. Nothing in this Article shall be construed to require the payment to the Department of the taxes imposed by this Article more than once with respect to any quantity of alcoholic liquor sold or used within this State. No tax is imposed by this Act on sales of alcoholic liquor by Illinois licensed foreign importers to Illinois licensed importing distributors. (Source: P.A. 90-625, eff. 7-10-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 21, 1999 s/Sen. James "Pate" Philip s/Rep. Michael J. Madigan s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. John Maitland, Jr. s/Rep. Gary Hannig s/Sen. James F. Clayborne s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. Dan Rutherford Committee for the Senate Committee for the House REPORTS FROM STANDING COMMITTEES Representative Smith, Chairperson, from the Committee on Agriculture & Conservation to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 236. The committee roll call vote on HOUSE RESOLUTION 236 is as follows:
HOUSE OF REPRESENTATIVES 5485 10, Yeas; 0, Nays; 0, Answering Present. Y Smith, Michael, Chair Y Lawfer A Bost Y Mitchell, Bill Y Fowler Y Myers, Richard Y Franks Y O'Brien A Hannig A Poe A Hartke A Reitz, Vice-Chair Y Johnson, Tim A Slone Y Jones, John A Turner, John Y Woolard, Spkpn Representative Woolard, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar: -- Short Debate HOUSE RESOLUTION 228; HOUSE JOINT RESOLUTION 22. That the Floor Amendment be reported "recommends be adopted" -- Short Debate: Amendment No. 3 to SENATE BILL 840. That the Motion be reported "be approved for consideration" and placed on the House Calendar: -- Standard Debate Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1134. The committee roll call vote on HOUSE RESOLUTIONS 228 and HOUSE JOINT RESOLUTION 22 is as follows: 21, Yeas; 0, Nays; 0, Answering Present. Y Woolard, Chair Y Johnson, Tom Y Bassi (Skinner) Y Jones, John (Parke) Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie (McCarthy) Y Moffitt Y Davis, Monique, Vice-Chair Y Mulligan Y Delgado A Murphy Y Fowler (McGuire) Y O'Brien (Hamos) Y Garrett (Bradley) A Persico Y Giles (Boland) Y Scully Y Hoeft Y Smith, Michael (Sharp) Y Winkel The committee roll call vote on Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 1134 is as follows: 13, Yeas; 8, Nays; 1, Answering Present. Y Woolard, Chair N Johnson, Tom N Bassi (Skinner) Y Jones, John (Parke) N Cowlishaw, Spkpn N Krause Y Crotty N Mitchell, Jerry Y Curry, Julie (McCarthy) N Moffitt Y Davis, Monique, Vice-Chair P Mulligan Y Delgado Y Murphy Y Fowler (McGuire) Y O'Brien (Hamos) Y Garrett (Bradley) A Persico Y Giles (Boland) Y Scully N Hoeft Y Smith, Michael (Sharp) N Winkel The committee roll call vote on SENATE BILL 840 is as follows:
5486 JOURNAL OF THE [May 21, 1999] 20, Yeas; 0, Nays; 2, Answering Present. Y Woolard, Chair Y Johnson, Tom P Bassi (Skinner) Y Jones, John (Parke) Y Cowlishaw, Spkpn Y Krause Y Crotty Y Mitchell, Jerry Y Curry, Julie (McCarthy) Y Moffitt Y Davis, Monique, Vice-Chair Y Mulligan Y Delgado Y Murphy Y Fowler (McGuire) Y O'Brien (Hamos) Y Garrett (Bradley) A Persico Y Giles (Boland) Y Scully Y Hoeft Y Smith, Michael (Sharp) P Winkel Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTIONS 301 and 303. The committee roll call vote on HOUSE RESOLUTIONS 301 and 303 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Hultgren Y Beaubien Y Jones, Shirley Y Bradley Y Lawfer (Kosel) A Davis, Steve, Vice-Chair Y Moore, Andrea Y Durkin A Murphy Y Hartke Y Parke Y Hassert, Spkpn Y Persico A Holbrook Y Reitz A Stroger Representative Erwin, Chairperson, from the Committee on Higher Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 243; HOUSE RESOLUTION 304; HOUSE JOINT RESOLUTION 19. The committee roll call vote on HOUSE RESOLUTIONS 243, 304 and HOUSE JOINT RESOLUTION 19 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Erwin, Chair Y Lopez Y Bost Y Myers, Richard Y Davis, Monique Y Righter Y Giles A Smith, Michael Y Howard A Winkel Y Johnson, Tim Y Wirsing, Spkpn Y Klingler Y Woolard Y Younge Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations:
HOUSE OF REPRESENTATIVES 5487 That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 299. The committee roll call vote on HOUSE RESOLUTION 299 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Kosel, Spkpn Y Bellock Y Myers, Richard Y Coulson A Pugh Y Flowers A Schoenberg, Vice-Chair Y Howard Y Sharp Y Kenner Y Winters Y Wirsing (Pankau) Representative Murphy, Chairperson, from the Committee on Personnel & Pensions to which the following were referred, action taken on May 20, 1999, and reported the same back with the following recommendations: That the bill be reported "do pass" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 251. That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 856. The committee roll call vote on SENATE BILLS 251 and 856 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Osmond Y Beaubien Y Poe Y Delgado Y Pugh Y Hannig Y Schmitz Y Hoeft, Spkpn Y Stroger Y Woolard Representative Pugh, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTIONS 229 and 239. The committee roll call vote on HOUSE RESOLUTIONS 229 and 239 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien A Granberg Y Biggins Y Mautino, Vice-Chair Y Cross Y Moore, Andrea, Spkpn A Turner, Art Representative Pugh, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Conference Committee Report be reported with the recommendation that it "recommends be adopted" and placed on the House Calendar: First Conference Committee Report to SENATE BILL 1018. First Conference Committee Report to SENATE BILL 1028. First Conference Committee Report to SENATE BILL 1066. The committee roll call vote on the First Conference Committee
5488 JOURNAL OF THE [May 21, 1999] Report on SENATE BILL 1018 is as follows: 8, Yeas; 1, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien Y Granberg Y Biggins N Mautino, Vice-Chair Y Cross Y Moore, Andrea, Spkpn Y Turner, Art The committee roll call vote on the First Conference Committee Report to SENATE BILL 1028 is as follows: 8, Yeas; 1, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien Y Granberg Y Biggins N Mautino, Vice-Chair Y Cross Y Moore, Andrea, Spkpn Y Turner, Art The committee roll call vote on the First Conference Committee Report to SENATE BILL 1066 is as follows: 7, Yeas; 2, Nays; 0, Answering Present. Y Pugh, Chair Y Currie Y Beaubien N Granberg Y Biggins N Mautino, Vice-Chair Y Cross Y Moore, Andrea, Spkpn Y Turner, Art Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: HOUSE RESOLUTION 270; HOUSE JOINT RESOLUTION 20; SENATE JOINT RESOLUTION 28. The committee roll call vote on HOUSE RESOLUTION 270, HOUSE JOINT RESOLUTION 20 AND SENATE JOINT RESOLUTION 28 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Lang Y Curry, Julie Y Mitchell, Bill Y Feigenholtz (Schoenberg) Y O'Connor, Spkpn Y Franks Y Schmitz Y Sommer Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar: HOUSE RESOLUTIONS 234 and 274; SENATE JOINT RESOLUTIONS 3 and 29. The committee roll call vote on HOUSE RESOLUTION 234 is as follows: 22, Yeas; 0, Nays; 1, Answering Present. Y Hoffman, Chair A Kosel Y Bassi Y Lyons, Joseph
HOUSE OF REPRESENTATIVES 5489 A Black Y Mathias Y Brosnahan Y McAuliffe A Fowler Y Moffitt Y Garrett Y Myers, Richard A Gash Y O'Brien Y Giglio, Vice-Chair Y Pankau Y Hamos Y Reitz Y Harris P Schmitz A Hartke Y Scully Y Hassert Y Sharp Y Holbrook Y Wait, Spkpn Y Jones, John A Wojcik Y Zickus The committee roll call vote on HOUSE RESOLUTIONS 274 and SENATE JOINT RESOLUTIONS 3 and 29 is as follows: 23, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair A Kosel Y Bassi Y Lyons, Joseph A Black Y Mathias Y Brosnahan Y McAuliffe A Fowler Y Moffitt Y Garrett Y Myers, Richard A Gash Y O'Brien Y Giglio, Vice-Chair Y Pankau Y Hamos Y Reitz Y Harris Y Schmitz A Hartke Y Scully Y Hassert Y Sharp Y Holbrook Y Wait, Spkpn Y Jones, John A Wojcik Y Zickus Representative Scott, Chairperson, from the Committee on Urban Revitilization to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Short Debate: SENATE JOINT RESOLUTION 21. The committee roll call vote on SENATE JOINT RESOLUTION 21 is as follows: 11, Yeas; 0, Nays; 0, Answering Present. Y Scott, Chair Y McCarthy, Vice-Chair (Silva) A Bassi A McKeon Y Dart Y O'Connor Y Garrett A Parke Y Harris Y Slone Y Mathias, Spkpn Y Winters Y McAuliffe A Younge Y Zickus Representative McAuliffe, Chairperson, from the Committee on Veterans' Affairs to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "be adopted" and be placed on the House Calendar -- Standard Debate: HOUSE RESOLUTION 296.
5490 JOURNAL OF THE [May 21, 1999] The committee roll call vote on HOUSE RESOLUTION 296 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y McAuliffe, Chair A Giglio Y Bost Y Holbrook A Burke A Meyer A Durkin Y Novak (Slone) Y Sommer, Spkpn CHANGE OF SPONSORSHIP Representative Holbrook asked and obtained unanimous consent to be removed as chief sponsor and Representative Madigan asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1066. Representative Osmond asked and obtained unanimous consent to be removed as chief sponsor and Representative Daniels asked and obtained unanimous consent to be shown as chief sponsor of SENATE BILL 1103. CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Madigan submitted the following First Conference Committee Report on HOUSE BILL 52 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 52 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 52, recommend the following: 1. that the Senate recede from Senate Amendment 1; and 2. that the title of the Bill be replaced with the following: "AN ACT regarding appropriations."; and 3. that House Bill 52 be amended 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
HOUSE OF REPRESENTATIVES 5491 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 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
5492 JOURNAL OF THE [May 21, 1999] 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 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 until after the purpose and amounts have been approved in writing by the Governor. ARTICLE 4 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
HOUSE OF REPRESENTATIVES 5493 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 5 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 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
5494 JOURNAL OF THE [May 21, 1999] 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 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
HOUSE OF REPRESENTATIVES 5495 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 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 Radiation Protection Fund to the Department of Nuclear Safety to provide for Federally Funded Low-Level Radioactive Waste Intergovernmental Programs.
5496 JOURNAL OF THE [May 21, 1999] Section 12. The sum of $30,000, or so much thereof as may be necessary, is appropriated from the Sheffield Agreed Order Fund to the Department of Nuclear Safey for the care, maintenance, monitoring, tesing, remediation and insurance of the low-level radioactive waste disposal site near Sheffield, Illinois. ARTICLE 6 Section 1. The following named sums, or so much thereof as may be necessary, are appropriated from the Environmental Protection Trust Fund to the Environmental Protection Trust Fund Commission for grants to the Illinois Environmental Protection Agency as follows: To Support Enhanced Environmental Protection and Enforcement Activities .....................$ 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, 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 7 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 8 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
HOUSE OF REPRESENTATIVES 5497 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 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 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 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
5498 JOURNAL OF THE [May 21, 1999] 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 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 10 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
HOUSE OF REPRESENTATIVES 5499 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 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
5500 JOURNAL OF THE [May 21, 1999] 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. 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
HOUSE OF REPRESENTATIVES 5501 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 outreach services for veterans, as provided for in the Vietnam Veterans' Act. ARTICLE 11 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
5502 JOURNAL OF THE [May 21, 1999] 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. 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 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
HOUSE OF REPRESENTATIVES 5503 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 13 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 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
5504 JOURNAL OF THE [May 21, 1999] 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 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
HOUSE OF REPRESENTATIVES 5505 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 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
5506 JOURNAL OF THE [May 21, 1999] 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 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 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 Illinois Arts Council: Payable from the General Revenue Fund: For Personal Services ........................ $ 1,027,500 For Employee Retirement Contributions Paid by Employer ............................ 41,100 For State Contributions to State Employees' Retirement Contributions ......... 99,800 For State Contributions to Social Security ............................. 78,600 For Contractual Services ..................... 146,800 For Travel ................................... 28,200 For Commodities .............................. 10,900 For Printing ................................. 59,800 For Equipment ................................ 2,000 For Electronic Data Processing ............... 21,300 For Telecommunications Services .............. 28,100 For Travel and Meeting Expenses of Arts Council and Panel Members .............. 44,200 Total $1,588,300 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 the Illinois Arts Council to enhance the cultural environment in Illinois: Payable from General Revenue Fund: For Grants and Financial Assistance for Arts Organizations .......................... $6,455,000 For Grants and Financial Assistance for
HOUSE OF REPRESENTATIVES 5507 Special Constituencies ...................... 2,634,600 For Grants and Financial Assistance for Arts Education .............................. 1,520,000 Total $10,609,600 Payable from Illinois Arts Council Federal Grant Fund: For Grants and Programs to Enhance the Cultural Environment ......................$ 700,000 Section 3. The sum of $750,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Arts Council for the purpose of funding administrative and grant expenses associated with humanities programs and related activities. ARTICLE 15 Section 1. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Illinois Medical District Commission: Payable from General Revenue Fund: For Personal Services......................... $ 290,900 For Employee Retirement Contributions Paid by Employer ............................ 11,600 For State Contributions to the State Employees' Retirement System ................ 28,500 For State Contributions to Social Security.............................. 22,000 For Contractual Services ..................... 275,000 For Operation of Chicago Technology Park Research Center and for Development and Operation of the Chicago Technology Park within the Medical Center District ..................... 116,900 Total $744,900 Section 2. The sum of $162,800, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Medical District Commission for repairs, maintenance, and site improvements within the Medical Center District, City of Chicago. Section 3. The sum of $5,000,000, or so much thereof as may be necessary, is appropriated from the Capital Development Fund to the Illinois Medical District Commission for acquisition of property, demolition and site improvements, and related costs within the Medical Center District, City of Chicago for Phase IV of District Development Initiative. Section 4. The sum of $300,000, 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 84, Section 3 of Public Act 90-585, is reappropriated from the Capital Development Fund to the Illinois Medical District Commission for acquisition of property, demolition and site improvements, and related costs within the Medical Center District, City of Chicago for Phase III of District Development Initiative. Section 5. No contract shall be entered into or obligation incurred for any expenditures from appropriations in Sections 2, 3 and 4 of this Article until the purposes and amounts have been approved in writing by the Governor. Section 999. Effective date. This Act takes effect July 1, 1999.". Senator Maitland !Representative Madigan
5508 JOURNAL OF THE [May 21, 1999] Submitted on May 21, 1999. s/Sen. Steven Rauschenberger s/Rep. Gary Hannig s/Sen. Laura Kent Donahue s/Rep. Jeff Schoenberg s/Sen. John Maitland s/Rep. Michael J. Madigan s/Sen. Donne E. Trotter s/Rep. Tom Ryder s/Sen. Pat Welch s/Rep. Art Tenhouse Committee for the Senate Committee for the House Representative Madigan submitted the following First Conference Committee Report on SENATE BILL 1018 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 1018 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1018, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 1018 be amended as follows: by replacing the title with the following: "AN ACT to amend the Environmental Protection Act by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2, 58, and 58.3 and adding Section 58.15."; and by replacing everything after the enacting clause with the following: "Section 5. The Environmental Protection Act is amended by changing Sections 19.2, 19.3, 19.4, 19.5, 19.6, 19.8, 22.2, 58, and 58.3 and adding Section 58.15 as follows: (415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2) Sec. 19.2. As used in this Title, unless the context clearly requires otherwise: (a) "Agency" means the Illinois Environmental Protection Agency. (b) "Fund" means the Water Revolving Fund created pursuant to this Title, consisting of the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program. (c) "Loan" means a loan made from the Water Pollution Control Loan Program or the Public Water Supply Loan Program to an eligible applicant local government unit as a result of a contractual agreement between the Agency and such applicant unit. (d) "Construction" means any one or more of the following which is undertaken for a public purpose: preliminary planning to determine the feasibility of the treatment works or public water supply, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement or extension of treatment works or public water supplies, or the inspection or supervision of any of the foregoing items. "Construction" also includes implementation of source water quality protection measures and establishment and implementation of wellhead protection programs in accordance with Section 1452(k)(1) of the federal Safe Drinking Water Act. (e) "Intended use plan" means a plan which includes a description of the short and long term goals and objectives of the Water Pollution Control Loan Program and the Public Water Supply Loan Program, project categories, discharge requirements, terms of financial assistance and the loan applicants communities to be
HOUSE OF REPRESENTATIVES 5509 served. (f) "Treatment works" means any devices and systems owned by a local government unit and used in the storage, treatment, recycling, and reclamation of sewerage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping power and other equipment, and appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process for wastewater facilities. (g) "Local government unit" means a county, municipality, township, municipal or county sewerage or utility authority, sanitary district, public water district, improvement authority or any other political subdivision whose primary purpose is to construct, operate and maintain wastewater treatment facilities or public water supply facilities or both. (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3) Sec. 19.3. Water Revolving Fund. (a) There is hereby created within the State Treasury a Water Revolving Fund, consisting of 3 interest-bearing special programs to be known as the Water Pollution Control Loan Program, the Public Water Supply Loan Program, and the Loan Support Program, which shall be used and administered by the Agency. (b) The Water Pollution Control Loan Program shall be used and administered by the Agency to provide assistance to local government units for the following public purposes: (1) to accept and retain funds from grant awards, appropriations, transfers, and payments of interest and principal; (2) to make direct loans at or below market interest rates to any eligible local government unit to finance the construction of wastewater treatments works; (3) to make direct loans at or below market interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred after March 7, 1985; (3.5) to make direct loans at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended; (4) to guarantee or purchase insurance for local obligations where such action would improve credit market access or reduce interest rates; (5) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund; (6) to finance the reasonable costs incurred by the Agency in the administration of the Fund; and (7) to transfer funds to the Public Water Supply Loan Program. (c) The Loan Support Program shall be used and administered by the Agency for the following purposes: (1) to accept and retain funds from grant awards and appropriations; (2) to finance the reasonable costs incurred by the Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;
5510 JOURNAL OF THE [May 21, 1999] (3) to transfer funds to the Water Pollution Control Loan Program and the Public Water Supply Loan Program; (4) to accept and retain a portion of the loan repayments; (5) to finance the development of the low interest loan program for public water supply projects; (6) to finance the reasonable costs incurred by the Agency to provide technical assistance for public water supplies; and (7) to finance the reasonable costs incurred by the Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act. (d) The Public Water Supply Loan Program shall be used and administered by the Agency to provide assistance to local government units for public water supplies for the following public purposes: (1) to accept and retain funds from grant awards, appropriations, transfers, and payments of interest and principal; (2) to make direct loans at or below market interest rates to any eligible local government unit to finance the construction of public water supplies; (3) to buy or refinance the debt obligation of a local government unit for costs incurred on or after the effective date of this amendatory Act of 1997; (4) to guarantee local obligations where such action would improve credit market access or reduce interest rates; (5) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund; and (6) to transfer funds to the Water Pollution Control Loan Program. (e) The Agency is designated as the administering agency of the Fund. The Agency shall submit to the Regional Administrator of the United States Environmental Protection Agency an intended use plan which outlines the proposed use of funds available to the State. The Agency shall take all actions necessary to secure to the State the benefits of the federal Water Pollution Control Act and the federal Safe Drinking Water Act, as now or hereafter amended. (f) The Agency shall have the power to enter into intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Water Revolving Fund. Moneys on deposit in the Water Revolving Fund may be used for the creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to this Section. For the purpose of obtaining capital for deposit into the Water Revolving Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Water Revolving Fund, including any reserve fund or pledged fund, shall be deposited into the Water Revolving Fund. (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) (415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4) Sec. 19.4. (a) The Agency shall have the authority to promulgate
HOUSE OF REPRESENTATIVES 5511 regulations to set forth procedures and criteria concerning loan applications. For units of local government, the regulations shall include, but need not be limited to, the following elements:, (1) loan application requirements; (2) determination of credit worthiness of the loan applicant; (3) special loan terms, as necessary, for securing the repayment of the loan; (4) assurance of payment;, (5) interest rates;, (6) loan support rates;, (7) impact on user charges;, (8) eligibility of proposed construction;, (9) priority of needs;, (10) special loan terms for disadvantaged communities;, and (11) maximum limits on annual distributions of funds to applicants or groups of applicants;. (12) penalties for noncompliance with loan requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and (13) indemnification of the State of Illinois and the Agency by the loan recipient. (b) The Agency shall have the authority to promulgate regulations to set forth procedures and criteria concerning loan applications for loan recipients other than units of local government. In addition to all of the elements required for units of local government under subsection (a), the regulations shall include, but need not be limited to, the following elements: (1) types of security required for the loan; (2) types of collateral, as necessary, that can be pledged for the loan; and (3) staged access to fund privately owned community water supplies. (c) The Agency shall develop and maintain a priority list of loan applicants as categorized by need. Priority in making loans from the Water Pollution Control Loan Program must first be given to local government units which need to make capital improvements to achieve compliance with National Pollutant Discharge Elimination System permit requirements pursuant to the federal Water Quality Act of 1987 and this Act. Priority in making loans from the Public Water Supply Loan Program must first be given to local government units that need to make capital improvements to protect human health and to achieve compliance with the State and federal primary drinking water standards adopted pursuant to this Act and the federal Safe Drinking Water Act, as now and hereafter amended. (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) (415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5) Sec. 19.5. Loans; repayment. (a) The Agency shall have the authority to make loans for a public purpose to local government units for the construction of treatment works and public water supplies pursuant to the regulations promulgated under Section 19.4. (b) Loans made from the Fund shall provide for: (1) a schedule of disbursement of proceeds; (2) a fixed rate that includes interest and loan support based upon priority, but the loan support rate shall not exceed one-half of the fixed rate established for each loan; (3) a schedule of repayment; (4) initiation of principal repayments within one year after the project is operational; and (5) a confession of judgment upon default.
5512 JOURNAL OF THE [May 21, 1999] (c) The Agency may amend existing loans to include a loan support rate only if the overall cost to the loan recipient is not increased. (d) A local government unit shall secure the payment of its obligations to the Fund by a dedicated source of repayment, including revenues derived from the imposition of rates, fees and charges. Other loan applicants shall secure the payment of their obligations by appropriate security and collateral pursuant to regulations promulgated under Section 19.4. In the event of a delinquency as to payments to the Fund, the local government unit shall revise its rates, fees and charges to meet its obligations. (Source: P.A. 89-27, eff. 1-1-96; 90-121, eff. 7-17-97.) (415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6) Sec. 19.6. Delinquent loan repayment. (a) In the event that a timely payment is not made by a loan recipient local government unit according to the loan schedule of repayment, the loan recipient local government unit shall notify the Agency in writing within 15 days after the payment due date. The notification shall include a statement of the reasons the payment was not timely tendered, the circumstances under which the late payments will be satisfied, and binding commitments to assure future payments. After receipt of this notification, the Agency shall confirm in writing the acceptability of the plan or take action in accordance with subsection (b) of this Section. (b) In the event that a loan recipient local government unit fails to comply with subsection (a) of this Section, the Agency shall promptly issue a notice of delinquency to the loan recipient, local government unit which shall require a written response within 15 30 days. The notice of delinquency shall require that the loan recipient local government unit revise its rates, fees and charges to meet its obligations pursuant to subsection (d) of Section 19.5 or take other specified actions as may be appropriate to remedy the delinquency and to assure future payments. (c) In the event that the loan recipient local government unit fails to timely or adequately respond to a notice of delinquency, or fails to meet its obligations made pursuant to subsections (a) and (b) of this Section, the Agency shall pursue the collection of the amounts past due, the outstanding loan balance and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other reasonable means as may be provided by law, including the taking of title by foreclosure or otherwise to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral. (Source: P.A. 90-121, eff. 7-17-97.) (415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8) Sec. 19.8. Advisory committees; reports. (a) The Director of the Agency shall appoint committees to advise the Agency concerning the financial structure of the Programs. The committees shall consist of representatives from appropriate State agencies, the financial community, engineering societies and other interested parties. The committees shall meet periodically and members shall be reimbursed for their ordinary and necessary expenses incurred in the performance of their committee duties. (b) The Agency shall report to the General Assembly by June 30, 1998 regarding the feasibility of providing drinking water loans to not-for-profit community water supplies that serve units of local government and to investor-owned public utilities. The report shall include a detailed discussion of all relevant factors and shall include participation from representatives of the affected entities. (Source: P.A. 90-121, eff. 7-17-97.) (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
HOUSE OF REPRESENTATIVES 5513 Sec. 22.2. Hazardous waste; fees; liability. (a) There are hereby created within the State Treasury 2 special funds to be known respectively as the "Hazardous Waste Fund" and the "Hazardous Waste Research Fund", constituted from the fees collected pursuant to this Section. In addition to the fees collected under this Section, the Hazardous Waste Fund shall include other moneys made available from any source for deposit into the Fund. (b) (1) On and after January 1, 1989, the Agency shall collect from the owner or operator of each of the following sites a fee in the amount of: (A) 6 cents per gallon or $12.12 per cubic yard of hazardous waste disposed for 1989, 7.5 cents per gallon or $15.15 per cubic yard for 1990 and 9 cents per gallon or $18.18 per cubic yard thereafter, if the hazardous waste disposal site is located off the site where such waste was produced. The maximum amount payable under this subdivision (A) with respect to the hazardous waste generated by a single generator and deposited in monofills is $20,000 for 1989, $25,000 for 1990, and $30,000 per year thereafter. If, as a result of the use of multiple monofills, waste fees in excess of the maximum are assessed with respect to a single waste generator, the generator may apply to the Agency for a credit. (B) 6 cents per gallon or $12.12 per cubic yard of hazardous waste disposed for 1989, 7.5 cents per gallon or $15.15 per cubic yard for 1990 and 9 cents or $18.18 per cubic yard thereafter, if the hazardous waste disposal site is located on the site where such waste was produced, provided however the maximum amount of fees payable under this paragraph (B) is $20,000 for 1989, $25,000 for 1990 and $30,000 per year thereafter for each such hazardous waste disposal site. (C) If the hazardous waste disposal site is an underground injection well, $6,000 per year if not more than 10,000,000 gallons per year are injected, $15,000 per year if more than 10,000,000 gallons but not more than 50,000,000 gallons per year are injected, and $27,000 per year if more than 50,000,000 gallons per year are injected. (D) 2 cents per gallon or $4.04 per cubic yard for 1989, 2.5 cents per gallon or $5.05 per cubic yard for 1990, and 3 cents per gallon or $6.06 per cubic yard thereafter of hazardous waste received for treatment at a hazardous waste treatment site, if the hazardous waste treatment site is located off the site where such waste was produced and if such hazardous waste treatment site is owned, controlled and operated by a person other than the generator of such waste. After treatment at such hazardous waste treatment site, the waste shall not be subject to any other fee imposed by this subsection (b). For purposes of this subsection (b), the term "treatment" is defined as in Section 3.49 but shall not include recycling, reclamation or reuse. (2) The General Assembly shall annually appropriate to the Fund such amounts as it deems necessary to fulfill the purposes of this Act. (3) The Agency shall have the authority to accept, receive, and administer on behalf of the State any moneys made available to the State from any source for the purposes of the Hazardous Waste Fund set forth in subsection (d) of this Section. Whenever the unobligated balance of the Hazardous Waste Fund exceeds $10,000,000, the Agency shall suspend the collection of the fees provided for in this Section until the unobligated balance of the
5514 JOURNAL OF THE [May 21, 1999] Fund falls below $8,000,000. (4) Of the amount collected as fees provided for in this Section, the Agency shall manage the use of such funds to assure that sufficient funds are available for match towards federal expenditures for response action at sites which are listed on the National Priorities List; provided, however, that this shall not apply to additional monies appropriated to the Fund by the General Assembly, nor shall it apply in the event that the Director finds that revenues in the Hazardous Waste Fund must be used to address conditions which create or may create an immediate danger to the environment or public health or to the welfare of the people of the State of Illinois. (5) Notwithstanding the other provisions of this subsection (b), sludge from a publicly-owned sewage works generated in Illinois, coal mining wastes and refuse generated in Illinois, bottom boiler ash, flyash and flue gas desulphurization sludge from public utility electric generating facilities located in Illinois, and bottom boiler ash and flyash from all incinerators which process solely municipal waste shall not be subject to the fee. (6) For the purposes of this subsection (b), "monofill" means a facility, or a unit at a facility, that accepts only wastes bearing the same USEPA hazardous waste identification number, or compatible wastes as determined by the Agency. (c) The Agency shall establish procedures, not later than January 1, 1984, relating to the collection of the fees authorized by this Section. Such procedures shall include, but not be limited to: (1) necessary records identifying the quantities of hazardous waste received or disposed; (2) the form and submission of reports to accompany the payment of fees to the Agency; and (3) the time and manner of payment of fees to the Agency, which payments shall be not more often than quarterly. (d) Beginning July 1, 1996, the Agency shall deposit all such receipts in the State Treasury to the credit of the Hazardous Waste Fund, except as provided in subsection (e) of this Section. All monies in the Hazardous Waste Fund shall be used by the Agency for the following purposes: (1) Taking whatever preventive or corrective action is necessary or appropriate, in circumstances certified by the Director, including but not limited to removal or remedial action whenever there is a release or substantial threat of a release of a hazardous substance or pesticide; provided, the Agency shall expend no more than $1,000,000 on any single incident without appropriation by the General Assembly. (2) To meet any requirements which must be met by the State in order to obtain federal funds pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (P.L. 96-510). (3) In an amount up to 30% of the amount collected as fees provided for in this Section, for use by the Agency to conduct groundwater protection activities, including providing grants to appropriate units of local government which are addressing protection of underground waters pursuant to the provisions of this Act. (4) To fund the development and implementation of the model pesticide collection program under Section 19.1 of the Illinois Pesticide Act. (5) To the extent the Agency has received and deposited monies in the Fund other than fees collected under subsection (b) of this Section, to pay for the cost of Agency employees for services provided in reviewing the performance of response
HOUSE OF REPRESENTATIVES 5515 actions pursuant to Title XVII of this Act. (6) In an amount up to 15% of the fees collected annually under subsection (b) of this Section, for use by the Agency for administration of the provisions of this Section. (e) The Agency shall deposit 10% of all receipts collected under subsection (b) of this Section, but not to exceed $200,000 per year, in the State Treasury to the credit of the Hazardous Waste Research Fund established by this Act. Pursuant to appropriation, all monies in such Fund shall be used by the Department of Natural Resources for the purposes set forth in this subsection. The Department of Natural Resources may enter into contracts with business, industrial, university, governmental or other qualified individuals or organizations to assist in the research and development intended to recycle, reduce the volume of, separate, detoxify or reduce the hazardous properties of hazardous wastes in Illinois. Monies in the Fund may also be used by the Department of Natural Resources for technical studies, monitoring activities, and educational and research activities which are related to the protection of underground waters. Monies in the Hazardous Waste Research Fund may be used to administer the Illinois Health and Hazardous Substances Registry Act. Monies in the Hazardous Waste Research Fund shall not be used for any sanitary landfill or the acquisition or construction of any facility. This does not preclude the purchase of equipment for the purpose of public demonstration projects. The Department of Natural Resources shall adopt guidelines for cost sharing, selecting, and administering projects under this subsection. (f) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (j) of this Section, the following persons shall be liable for all costs of removal or remedial action incurred by the State of Illinois or any unit of local government as a result of a release or substantial threat of a release of a hazardous substance or pesticide: (1) the owner and operator of a facility or vessel from which there is a release or substantial threat of release of a hazardous substance or pesticide; (2) any person who at the time of disposal, transport, storage or treatment of a hazardous substance or pesticide owned or operated the facility or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of any such hazardous substance or pesticide; (3) any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous substances or pesticides owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous substances or pesticides; and (4) any person who accepts or accepted any hazardous substances or pesticides for transport to disposal, storage or treatment facilities or sites from which there is a release or a substantial threat of a release of a hazardous substance or pesticide. Any monies received by the State of Illinois pursuant to this subsection (f) shall be deposited in the State Treasury to the credit of the Hazardous Waste Fund. In accordance with the other provisions of this Section, costs of removal or remedial action incurred by a unit of local government may be recovered in an action before the Board brought by the unit of local government under subsection (i) of this Section. Any monies so
5516 JOURNAL OF THE [May 21, 1999] recovered shall be paid to the unit of local government. (g)(1) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or substantial threat of a release under this Section, to any other person the liability imposed under this Section. Nothing in this Section shall bar any agreement to insure, hold harmless or indemnify a party to such agreements for any liability under this Section. (2) Nothing in this Section, including the provisions of paragraph (g)(1) of this Section, shall bar a cause of action that an owner or operator or any other person subject to liability under this Section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person. (h) For purposes of this Section: (1) The term "facility" means: (A) any building, structure, installation, equipment, pipe or pipeline including but not limited to any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) any site or area where a hazardous substance has been deposited, stored, disposed of, placed, or otherwise come to be located. (2) The term "owner or operator" means: (A) any person owning or operating a vessel or facility; (B) in the case of an abandoned facility, any person owning or operating the abandoned facility or any person who owned, operated, or otherwise controlled activities at the abandoned facility immediately prior to such abandonment; (C) in the case of a land trust as defined in Section 2 of the Land Trustee as Creditor Act, the person owning the beneficial interest in the land trust; (D) in the case of a fiduciary (other than a land trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and not the fiduciary. For the purposes of this Section, "fiduciary" means a trustee, executor, administrator, guardian, receiver, conservator or other person holding a facility or vessel in a fiduciary capacity; (E) in the case of a "financial institution", meaning the Illinois Housing Development Authority and that term as defined in Section 2 of the Illinois Banking Act, that has acquired ownership, operation, management, or control of a vessel or facility through foreclosure or under the terms of a security interest held by the financial institution or under the terms of an extension of credit made by the financial institution, the financial institution only if the financial institution takes possession of the vessel or facility and the financial institution exercises actual, direct, and continual or recurrent managerial control in the operation of the vessel or facility that causes a release or substantial threat of a release of a hazardous substance or pesticide resulting in removal or remedial action; (F) In the case of an owner of residential property, the owner if the owner is a person other than an individual, or if the owner is an individual who owns more than 10 dwelling units in Illinois, or if the owner, or an agent, representative, contractor, or employee of the owner, has caused, contributed to, or allowed the release or threatened
HOUSE OF REPRESENTATIVES 5517 release of a hazardous substance or pesticide. The term "residential property" means single family residences of one to 4 dwelling units, including accessory land, buildings, or improvements incidental to those dwellings that are exclusively used for the residential use. For purposes of this subparagraph (F), the term "individual" means a natural person, and shall not include corporations, partnerships, trusts, or other non-natural persons. (G) In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at the facility immediately beforehand. (H) The term "owner or operator" does not include a unit of State or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue of its function as sovereign. The exclusion provided under this paragraph shall not apply to any State or local government which has caused or contributed to the release or threatened release of a hazardous substance from the facility, and such a State or local government shall be subject to the provisions of this Act in the same manner and to the same extent, both procedurally and substantively, as any nongovernmental entity, including liability under Section 22.2(f). (i) The costs and damages provided for in this Section may be imposed by the Board in an action brought before the Board in accordance with Title VIII of this Act, except that Section 33(c) of this Act shall not apply to any such action. (j) (1) There shall be no liability under this Section for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous substance and the damages resulting therefrom were caused solely by: (A) an act of God; (B) an act of war; (C) an act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or (D) any combination of the foregoing paragraphs. (2) There shall be no liability under this Section for any release permitted by State or federal law. (3) There shall be no liability under this Section for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with this Section or the National Contingency Plan pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 96-510) or at the direction of an on-scene coordinator appointed under such plan, with respect to an incident creating a danger to public health or
5518 JOURNAL OF THE [May 21, 1999] welfare or the environment as a result of any release of a hazardous substance or a substantial threat thereof. This subsection shall not preclude liability for damages as the result of gross negligence or intentional misconduct on the part of such person. For the purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence. (4) There shall be no liability under this Section for any person (including, but not limited to, an owner of residential property who applies a pesticide to the residential property or who has another person apply a pesticide to the residential property) for response costs or damages as the result of the storage, handling and use, or recommendation for storage, handling and use, of a pesticide consistent with: (A) its directions for storage, handling and use as stated in its label or labeling; (B) its warnings and cautions as stated in its label or labeling; and (C) the uses for which it is registered under the Federal Insecticide, Fungicide and Rodenticide Act and the Illinois Pesticide Act. (4.5) There shall be no liability under subdivision (f)(1) of this Section for response costs or damages as the result of a release of a pesticide from an agrichemical facility site if the Agency has received notice from the Department of Agriculture pursuant to Section 19.3 of the Illinois Pesticide Act, the owner or operator of the agrichemical facility is proceeding with a corrective action plan under the Agrichemical Facility Response Action Program implemented under that Section, and the Agency has provided a written endorsement of a corrective action plan. (4.6) There shall be no liability under subdivision (f)(1) of this Section for response costs or damages as the result of a substantial threat of a release of a pesticide from an agrichemical facility site if the Agency has received notice from the Department of Agriculture pursuant to Section 19.3 of the Illinois Pesticide Act and the owner or operator of the agrichemical facility is proceeding with a corrective action plan under the Agrichemical Facility Response Action Program implemented under that Section. (5) Nothing in this subsection (j) shall affect or modify in any way the obligations or liability of any person under any other provision of this Act or State or federal law, including common law, for damages, injury, or loss resulting from a release or substantial threat of a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance. (6)(A) The term "contractual relationship", for the purpose of this subsection includes, but is not limited to, land contracts, deeds or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in clause (i), (ii), or (iii) of this paragraph is also established by the defendant by a preponderance of the evidence: (i) At the time the defendant acquired the facility the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in or at the facility. (ii) The defendant is a government entity which acquired the facility by escheat, or through any other involuntary transfer or acquisition, or through the exercise of eminent domain authority by purchase or condemnation.
HOUSE OF REPRESENTATIVES 5519 (iii) The defendant acquired the facility by inheritance or bequest. In addition to establishing the foregoing, the defendant must establish that he has satisfied the requirements of subparagraph (C) of paragraph (l) of this subsection (j). (B) To establish the defendant had no reason to know, as provided in clause (i) of subparagraph (A) of this paragraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of the preceding sentence, the court shall take into account any specialized knowledge or experience on the part of the defendant, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate inspection. (C) Nothing in this paragraph (6) or in subparagraph (C) of paragraph (1) of this subsection shall diminish the liability of any previous owner or operator of such facility who would otherwise be liable under this Act. Notwithstanding this paragraph (6), if the defendant obtained actual knowledge of the release or threatened release of a hazardous substance at such facility when the defendant owned the real property and then subsequently transferred ownership of the property to another person without disclosing such knowledge, such defendant shall be treated as liable under subsection (f) of this Section and no defense under subparagraph (C) of paragraph (1) of this subsection shall be available to such defendant. (D) Nothing in this paragraph (6) shall affect the liability under this Act of a defendant who, by any act or omission, caused or contributed to the release or threatened release of a hazardous substance which is the subject of the action relating to the facility. (E) (i) Except as provided in clause (ii) of this subparagraph (E), a defendant who has acquired real property shall have established a rebuttable presumption against all State claims and a conclusive presumption against all private party claims that the defendant has made all appropriate inquiry within the meaning of subdivision (6)(B) of this subsection (j) if the defendant proves that immediately prior to or at the time of the acquisition: (I) the defendant obtained a Phase I Environmental Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase I Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property; or (II) the defendant obtained a Phase II Environmental Audit of the real property that meets or exceeds the requirements of this subparagraph (E), and the Phase II Environmental Audit did not disclose the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property. (ii) No presumption shall be created under clause (i) of this subparagraph (E), and a defendant shall be precluded from demonstrating that the defendant has made all appropriate inquiry within the meaning of subdivision (6)(B) of this subsection (j), if: (I) the defendant fails to obtain all Environmental Audits required under this subparagraph (E) or any such Environmental Audit fails to meet or exceed the requirements of this subparagraph (E);
5520 JOURNAL OF THE [May 21, 1999] (II) a Phase I Environmental Audit discloses the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and the defendant fails to obtain a Phase II Environmental Audit; (III) a Phase II Environmental Audit discloses the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property; (IV) the defendant fails to maintain a written compilation and explanatory summary report of the information reviewed in the course of each Environmental Audit under this subparagraph (E); or (V) there is any evidence of fraud, material concealment, or material misrepresentation by the defendant of environmental conditions or of related information discovered during the course of an Environmental Audit. (iii) For purposes of this subparagraph (E), the term "environmental professional" means an individual (other than a practicing attorney) who, through academic training, occupational experience, and reputation (such as engineers, industrial hygienists, or geologists) can objectively conduct one or more aspects of an Environmental Audit and who either: (I) maintains at the time of the Environmental Audit and for at least one year thereafter at least $500,000 of environmental consultants' professional liability insurance coverage issued by an insurance company licensed to do business in Illinois; or (II) is an Illinois licensed professional engineer or an Illinois licensed industrial hygienist. An environmental professional may employ persons who are not environmental professionals to assist in the preparation of an Environmental Audit if such persons are under the direct supervision and control of the environmental professional. (iv) For purposes of this subparagraph (E), the term "real property" means any interest in any parcel of land, and shall not be limited to the definition of the term "real property" contained in the Responsible Property Transfer Act of 1988. For purposes of this subparagraph (E), the term "real property" includes, but is not limited to, buildings, fixtures, and improvements. (v) For purposes of this subparagraph (E), the term "Phase I Environmental Audit" means an investigation of real property, conducted by environmental professionals, to discover the presence or likely presence of a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from real property, and whether a release or a substantial threat of a release of a hazardous substance or pesticide has occurred or may occur at, on, to, or from the real property. The investigation shall include a review of at least each of the following sources of information concerning the current and previous ownership and use of the real property: (I) Recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants for a period of 50 years. (II) Aerial photographs that may reflect prior uses of the real property and that are reasonably obtainable through State, federal, or local government agencies or bodies. (III) Recorded environmental cleanup liens, if any, against the real property that have arisen pursuant to this Act or federal statutes. (IV) Reasonably obtainable State, federal, and local
HOUSE OF REPRESENTATIVES 5521 government records of sites or facilities at, on, or near the real property to discover the presence or likely presence of a hazardous substance or pesticide, and whether a release or a substantial threat of a release of a hazardous substance or pesticide has occurred or may occur at, on, to, or from the real property. Such government records shall include, but not be limited to: reasonably obtainable State, federal, and local government investigation reports for those sites or facilities; reasonably obtainable State, federal, and local government records of activities likely to cause or contribute to a release or a threatened release of a hazardous substance or pesticide at, on, to, or from the real property, including landfill and other treatment, storage, and disposal location records, underground storage tank records, hazardous waste transporter and generator records, and spill reporting records; and other reasonably obtainable State, federal, and local government environmental records that report incidents or activities that are likely to cause or contribute to a release or a threatened release of a hazardous substance or pesticide at, on, to, or from the real property. In order to be deemed "reasonably obtainable" as required herein, a copy or reasonable facsimile of the record must be obtainable from the government agency by request and upon payment of a processing fee, if any, established by the government agency. The Agency is authorized to establish a reasonable fee for processing requests received under this subparagraph (E) for records. All fees collected by the Agency under this clause (v)(IV) shall be deposited into the Environmental Protection Permit and Inspection Fund in accordance with Section 22.8. Notwithstanding any other law, if the fee is paid, commencing on the effective date of this amendatory Act of 1993 and until one year after the effective date of this amendatory Act of 1993, the Agency shall use its best efforts to process a request received under this subparagraph (E) as expeditiously as possible. Notwithstanding any other law, commencing one year after the effective date of this amendatory Act of 1993, if the fee is paid, the Agency shall process a request received under this subparagraph (E) for records within 30 days of the receipt of such request. (V) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of properties immediately adjacent to the real property, including an investigation of any use, storage, treatment, spills from use, or disposal of hazardous substances, hazardous wastes, solid wastes, or pesticides. If the person conducting the investigation is denied access to any property adjacent to the real property, the person shall conduct a visual inspection of that adjacent property from the property to which the person does have access and from public rights-of-way. (VI) A review of business records for activities at or on the real property for a period of 50 years. (vi) For purposes of subparagraph (E), the term "Phase II Environmental Audit" means an investigation of real property, conducted by environmental professionals, subsequent to a Phase I Environmental Audit. If the Phase I Environmental Audit discloses the presence or likely presence of a hazardous substance or a pesticide or a release or a substantial threat of a release of a hazardous substance or pesticide: (I) In or to soil, the defendant, as part of the Phase II Environmental Audit, shall perform a series of soil borings sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide and whether there
5522 JOURNAL OF THE [May 21, 1999] is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property. (II) In or to groundwater, the defendant, as part of the Phase II Environmental Audit, shall: review information regarding local geology, water well locations, and locations of waters of the State as may be obtained from State, federal, and local government records, including but not limited to the United States Geological Service, the State Geological Survey Division of the Department of Natural Resources, and the State Water Survey Division of the Department of Natural Resources; and perform groundwater monitoring sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property. (III) On or to media other than soil or groundwater, the defendant, as part of the Phase II Environmental Audit, shall perform an investigation sufficient to determine whether there is a presence or likely presence of a hazardous substance or pesticide, and whether there is or has been a release or a substantial threat of a release of a hazardous substance or pesticide at, on, to, or from the real property. (vii) The findings of each Environmental Audit prepared under this subparagraph (E) shall be set forth in a written audit report. Each audit report shall contain an affirmation by the defendant and by each environmental professional who prepared the Environmental Audit that the facts stated in the report are true and are made under a penalty of perjury as defined in Section 32-2 of the Criminal Code of 1961. It is perjury for any person to sign an audit report that contains a false material statement that the person does not believe to be true. (viii) The Agency is not required to review, approve, or certify the results of any Environmental Audit. The performance of an Environmental Audit shall in no way entitle a defendant to a presumption of Agency approval or certification of the results of the Environmental Audit. The presence or absence of a disclosure document prepared under the Responsible Property Transfer Act of 1988 shall not be a defense under this Act and shall not satisfy the requirements of subdivision (6)(A) of this subsection (j). (7) No person shall be liable under this Section for response costs or damages as the result of a pesticide release if the Agency has found that a pesticide release occurred based on a Health Advisory issued by the U.S. Environmental Protection Agency or an action level developed by the Agency, unless the Agency notified the manufacturer of the pesticide and provided an opportunity of not less than 30 days for the manufacturer to comment on the technical and scientific justification supporting the Health Advisory or action level. (8) No person shall be liable under this Section for response costs or damages as the result of a pesticide release that occurs in the course of a farm pesticide collection program operated under Section 19.1 of the Illinois Pesticide Act, unless the release results from gross negligence or intentional misconduct. (k) If any person who is liable for a release or substantial threat of release of a hazardous substance or pesticide fails without sufficient cause to provide removal or remedial action upon or in accordance with a notice and request by the Agency or upon or in accordance with any order of the Board or any court, such person may be liable to the State for punitive damages in an amount at least
HOUSE OF REPRESENTATIVES 5523 equal to, and not more than 3 times, the amount of any costs incurred by the State of Illinois as a result of such failure to take such removal or remedial action. The punitive damages imposed by the Board shall be in addition to any costs recovered from such person pursuant to this Section and in addition to any other penalty or relief provided by this Act or any other law. Any monies received by the State pursuant to this subsection (k) shall be deposited in the Hazardous Waste Fund. (l) Beginning January 1, 1988, the Agency shall annually collect a $250 fee for each Special Waste Hauling Permit Application and, in addition, shall collect a fee of $20 for each waste hauling vehicle identified in the annual permit application and for each vehicle which is added to the permit during the annual period. The Agency shall deposit 85% of such fees collected under this subsection in the State Treasury to the credit of the Hazardous Waste Research Fund; and shall deposit the remaining 15% of such fees collected in the State Treasury to the credit of the Environmental Protection Permit and Inspection Fund. The majority of such receipts which are deposited in the Hazardous Waste Research Fund pursuant to this subsection shall be used by the Department of Natural Resources for activities which relate to the protection of underground waters. Persons engaged in the offsite transportation of hazardous waste by highway and participating in the Uniform Program under subsection (l-5) are not required to file a Special Waste Hauling Permit Application. (l-5) (1) As used in this subsection: "Base state" means the state selected by a transporter according to the procedures established under the Uniform Program. "Base state agreement" means an agreement between participating states electing to register or permit transporters. "Participating state" means a state electing to participate in the Uniform Program by entering into a base state agreement. "Transporter" means a person engaged in the offsite transportation of hazardous waste by highway. "Uniform application" means the uniform registration and permit application form prescribed under the Uniform Program. "Uniform Program" means the Uniform State Hazardous Materials Transportation Registration and Permit Program established in the report submitted and amended pursuant to 49 U.S.C. Section 5119(b), as implemented by the Agency under this subsection. "Vehicle" means any self-propelled motor vehicle, except a truck tractor without a trailer, designed or used for the transportation of hazardous waste subject to the hazardous waste manifesting requirements of 40 U.S.C. Section 6923(a)(3). (2) Beginning July 1, 1998, the Agency shall implement the Uniform State Hazardous Materials Transportation Registration and Permit Program. On and after that date, no person shall engage in the offsite transportation of hazardous waste by highway without registering and obtaining a permit under the Uniform Program. A transporter with its principal place of business in Illinois shall register with and obtain a permit from the Agency. A transporter that designates another participating state in the Uniform Program as its base state shall likewise register with and obtain a permit from that state before transporting hazardous waste in Illinois. (3) Beginning July 1, 1998, the Agency shall annually collect no more than a $250 processing and audit fee from each transporter of hazardous waste who has filed a uniform application and, in addition, the Agency shall annually collect
5524 JOURNAL OF THE [May 21, 1999] an apportioned vehicle registration fee of $20. The amount of the apportioned vehicle registration fee shall be calculated consistent with the procedures established under the Uniform Program. All moneys received by the Agency from the collection of fees pursuant to the Uniform Program shall be deposited into the Hazardous Waste Transporter account hereby created within the Environmental Protection Permit and Inspection Fund. Moneys remaining in the account at the close of the fiscal year shall not lapse to the General Revenue Fund. The State Treasurer may receive money or other assets from any source for deposit into the account. The Agency may expend moneys from the account, upon appropriation, for the implementation of the Uniform Program, including the costs to the Agency of fee collection and administration. In addition, funds not expended for the implementation of the Uniform Program may be utilized for emergency response and cleanup activities related to hazardous waste transportation that are initiated by the Agency. Whenever the amount of the Hazardous Waste Transporter account exceeds by 115% the amount annually appropriated by the General Assembly, the Agency shall credit participating transporters an amount, proportionately based on the amount of the vehicle fee paid, equal to the excess in the account, and shall determine the need to reduce the amount of the fee charged transporters in the subsequent fiscal year by the amount of the credit. (4) (A) The Agency may propose and the Board shall adopt rules as necessary to implement and enforce the Uniform Program. The Agency is authorized to enter into agreements with other agencies of this State as necessary to carry out administrative functions or enforcement of the Uniform Program. (B) The Agency shall recognize a Uniform Program registration as valid for one year from the date a notice of registration form is issued and a permit as valid for 3 years from the date issued or until a transporter fails to renew its registration, whichever occurs first. (C) The Agency may inspect or examine any motor vehicle or facility operated by a transporter, including papers, books, records, documents, or other materials to determine if a transporter is complying with the Uniform Program. The Agency may also conduct investigations and audits as necessary to determine if a transporter is entitled to a permit or to make suspension or revocation determinations consistent with the standards of the Uniform Program. (5) The Agency may enter into agreements with federal agencies, national repositories, or other participating states as necessary to allow for the reciprocal registration and permitting of transporters pursuant to the Uniform Program. The agreements may include procedures for determining a base state, the collection and distribution of registration fees, dispute resolution, the exchange of information for reporting and enforcement purposes, and other provisions necessary to fully implement, administer, and enforce the Uniform Program. (m) (Blank). (n) (Blank). (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96; 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff. 7-25-97; 90-773, eff. 8-14-98.) (415 ILCS 5/58) Sec. 58. Intent. It is the intent of this Title: (1) To establish a risk-based system of remediation based
HOUSE OF REPRESENTATIVES 5525 on protection of human health and the environment relative to present and future uses of the site. (2) To assure that the land use for which remedial action was undertaken will not be modified without consideration of the adequacy of such remedial action for the new land use. (3) To provide incentives to the private sector to undertake remedial action. (4) To establish expeditious alternatives for the review of site investigation and remedial activities, including a privatized review process. (5) To assure that the resources of the Hazardous Waste Fund are used in a manner that is protective of human health and the environment relative to present and future uses of the site and surrounding area. (6) To provide assistance to units of local government for remediation of properties contaminated or potentially contaminated by commercial, industrial, or other uses, to provide loans for the redevelopment of brownfields, and to establish and provide for the administration of the Brownfields Redevelopment Fund. (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 90-123, eff. 7-21-97.) (415 ILCS 5/58.3) Sec. 58.3. Site Investigation and Remedial Activities Program; Brownfields Redevelopment Fund. (a) The General Assembly hereby establishes by this Title a Site Investigation and Remedial Activities Program for sites subject to this Title. This program shall be administered by the Illinois Environmental Protection Agency under this Title XVII and rules adopted by the Illinois Pollution Control Board. (b) (1) The General Assembly hereby creates within the State Treasury a special fund to be known as the Brownfields Redevelopment Fund, consisting of 2 programs to be known as the "Brownfields Redevelopment Grant Program" and the "Brownfields Redevelopment Loan Program", which shall be used and administered by the Agency as provided in Sections Section 58.13 and 58.15 of this Act and the rules adopted under those Sections that Section. The Brownfields Redevelopment Fund ("Fund") shall contain moneys transferred from the Response Contractors Indemnification Fund and other moneys made available for deposit into the Fund. (2) The State Treasurer, ex officio, shall be the custodian of the Fund, and the Comptroller shall direct payments from the Fund upon vouchers properly certified by the Agency. The Treasurer shall credit to the Fund interest earned on moneys contained in the Fund. The Agency shall have the authority to accept, receive, and administer on behalf of the State any grants, gifts, loans, reimbursements or payments for services, or other moneys made available to the State from any source for purposes of the Fund. Those moneys shall be deposited into the Fund, unless otherwise required by the Environmental Protection Act or by federal law. (3) Pursuant to appropriation, all moneys in the Fund shall be used by the Agency for the purposes set forth in subdivision (b)(4) of this Section and Sections Section 58.13 and 58.15 of this Act and to cover the Agency's costs of program development and administration under those Sections that Section. (4) The Agency shall have the power to enter into intergovernmental agreements with the federal government or the State, or any instrumentality thereof, for purposes of capitalizing the Brownfields Redevelopment Fund. Moneys on deposit in the Brownfields Redevelopment Fund may be used for the
5526 JOURNAL OF THE [May 21, 1999] creation of reserve funds or pledged funds that secure the obligations of repayment of loans made pursuant to Section 58.15 of this Act. For the purpose of obtaining capital for deposit into the Brownfields Redevelopment Fund, the Agency may also enter into agreements with financial institutions and other persons for the purpose of selling loans and developing a secondary market for such loans. The Agency shall have the power to create and establish such reserve funds and accounts as may be necessary or desirable to accomplish its purposes under this subsection and to allocate its available moneys into such funds and accounts. Investment earnings on moneys held in the Brownfields Redevelopment Fund, including any reserve fund or pledged fund, shall be deposited into the Brownfields Redevelopment Fund. (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 90-123, eff. 7-21-97.) (415 ILCS 5/58.15 new) Sec. 58.15. Brownfields Redevelopment Loan Program. (a) The Agency shall establish and administer a revolving loan program to be known as the "Brownfields Redevelopment Loan Program" for the purpose of providing loans to be used for site investigation, site remediation, or both, at brownfields sites. All principal, interest, and penalty payments from loans made under this Section shall be deposited into the Brownfields Redevelopment Fund and reused in accordance with this Section. (b) General requirements for loans: (1) Loans shall be at or below market interest rates in accordance with a formula set forth in regulations promulgated under subsection (c) of this Section. (2) Loans shall be awarded subject to availability of funding based on the order of receipt of applications satisfying all requirements as set forth in the regulations promulgated under subsection (c) of this Section. (3) The maximum loan amount under this Section for any one project is $1,000,000. (4) In addition to any requirements or conditions placed on loans by regulation, loan agreements under the Brownfields Redevelopment Loan Program shall include the following requirements: (A) the loan recipient shall secure the loan repayment obligation; (B) completion of the loan repayment shall not exceed 5 years; and (C) loan agreements shall provide for a confession of judgment by the loan recipient upon default. (5) Loans shall not be used to cover expenses incurred prior to the approval of the loan application. (6) If the loan recipient fails to make timely payments or otherwise fails to meet its obligations as provided in this Section or implementing regulations, the Agency is authorized to pursue the collection of the amounts past due, the outstanding loan balance, and the costs thereby incurred, either pursuant to the Illinois State Collection Act of 1986 or by any other means provided by law, including the taking of title, by foreclosure or otherwise, to any project or other property pledged, mortgaged, encumbered, or otherwise available as security or collateral. (c) The Agency shall have the authority to enter into any contracts or agreements that may be necessary to carry out its duties or responsibilities under this Section. The Agency shall have the authority to promulgate regulations setting forth procedures and criteria for administering the Brownfields Redevelopment Loan
HOUSE OF REPRESENTATIVES 5527 Program. The regulations promulgated by the Agency for loans under this Section shall include, but need not be limited to, the following elements: (1) loan application requirements; (2) determination of credit worthiness of the loan applicant; (3) types of security required for the loan; (4) types of collateral, as necessary, that can be pledged for the loan; (5) special loan terms, as necessary, for securing the repayment of the loan; (6) maximum loan amounts; (7) purposes for which loans are available; (8) application periods and content of applications; (9) procedures for Agency review of loan applications, loan approvals or denials, and loan acceptance by the loan recipient; (10) procedures for establishing interest rates; (11) requirements applicable to disbursement of loans to loan recipients; (12) requirements for securing loan repayment obligations; (13) conditions or circumstances constituting default; (14) procedures for repayment of loans and delinquent loans including, but not limited to, the initiation of principal and interest payments following loan acceptance; (15) loan recipient responsibilities for work schedules, work plans, reports, and record keeping; (16) evaluation of loan recipient performance, including auditing and access to sites and records; (17) requirements applicable to contracting and subcontracting by the loan recipient, including procurement requirements; (18) penalties for noncompliance with loan requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and (19) indemnification of the State of Illinois and the Agency by the loan recipient. (d) Moneys in the Brownfields Redevelopment Fund may be used as a source of revenue or security for the principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of those bonds will be deposited into the Fund. Section 10. 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.". Submitted on May 21, 1999. s/Sen. J.P. Philip s/Rep. M. Madigan s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. John Maitland s/Rep. Gary Hannig s/Sen. Robert S. Molaro s/Rep. Art Tenhouse s/Sen. Emil Jones s/Rep. Dan Rutherford Committee for the Senate Committee for the House Representative Madigan submitted the following First Conference Committee Report on SENATE BILL 1028 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT
5528 JOURNAL OF THE [May 21, 1999] ON SENATE BILL 1028 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1028, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 1028 be amended as follows: by replacing the title with the following: "AN ACT in relation to transportation financing, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Sections 5.491 and 6z-48 and changing Section 8.3 as follows: (30 ILCS 105/5.491 new) Sec. 5.491. The Motor Vehicle License Plate Fund. (30 ILCS 105/6z-48 new) Sec. 6z-48. Motor Vehicle License Plate Fund. (a) The Motor Vehicle License Plate Fund is hereby created as a special fund in the State Treasury. The Fund shall consist of the deposits provided for in Section 2-119 of the Illinois Vehicle Code and any moneys appropriated to the Fund. (b) The Motor Vehicle License Plate Fund shall be used, subject to appropriation, for the costs incident to providing new or replacement license plates for motor vehicles. (c) Any balance remaining in the Motor Vehicle License Plate Fund at the close of business on December 31, 2004 shall be transferred into the Road Fund, and the Motor Vehicle License Plate Fund is abolished when that transfer has been made. (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) Sec. 8.3. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code, except the cost of administration of Articles I and II of Chapter 3 of that Code; and secondly -- for expenses of the Department of Transportation for construction, reconstruction, improvement, repair, maintenance, operation, and administration of highways in accordance with the provisions of laws relating thereto, or for any purpose related or incident to and connected therewith, including the separation of grades of those highways with railroads and with highways and including the payment of awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation; or for the acquisition of land and the erection of buildings for highway purposes, including the acquisition of highway right-of-way or for investigations to determine the reasonably anticipated future highway needs; or for making of surveys, plans, specifications and estimates for and in the construction and maintenance of flight strips and of highways necessary to provide access to military and naval reservations, to defense industries and defense-industry sites, and to the
HOUSE OF REPRESENTATIVES 5529 sources of raw materials and for replacing existing highways and highway connections shut off from general public use at military and naval reservations and defense-industry sites, or for the purchase of right-of-way, except that the State shall be reimbursed in full for any expense incurred in building the flight strips; or for the operating and maintaining of highway garages; or for patrolling and policing the public highways and conserving the peace; or for any of those purposes or any other purpose that may be provided by law. Appropriations for any of those purposes are payable from the Road Fund. Appropriations may also be made from the Road Fund for the administrative expenses of any State agency that are related to motor vehicles or arise from the use of motor vehicles. Beginning with fiscal year 1980 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement; 1. Department of Public Health; 2. Department of Transportation, only with respect to subsidies for one-half fare Student Transportation and Reduced Fare for Elderly; 3. Department of Central Management Services, except for expenditures incurred for group insurance premiums of appropriate personnel; 4. Judicial Systems and Agencies. Beginning with fiscal year 1981 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except for expenditures with respect to the Division of State Troopers; 2. Department of Transportation, only with respect to Intercity Rail Subsidies and Rail Freight Services. Beginning with fiscal year 1982 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: Department of Central Management Services, except for awards made by the Industrial Commission under the terms of the Workers' Compensation Act or Workers' Occupational Diseases Act for injury or death of an employee of the Division of Highways in the Department of Transportation. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to the following Departments or agencies of State government for administration, grants, or operations; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are eligible for federal reimbursement: 1. Department of State Police, except not more than 40% of the funds appropriated for the Division of State Troopers; 2. State Officers. Beginning with fiscal year 1984 and thereafter, no Road Fund monies shall be appropriated to any Department or agency of State government for administration, grants, or operations except as provided hereafter; but this limitation is not a restriction upon appropriating for those purposes any Road Fund monies that are
5530 JOURNAL OF THE [May 21, 1999] eligible for federal reimbursement. It shall not be lawful to circumvent the above appropriation limitations by governmental reorganization or other methods. Appropriations shall be made from the Road Fund only in accordance with the provisions of this Section. Money in the Road Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of permanent highways, be set aside and used for the purpose of paying and discharging during each fiscal year the principal and interest on that bonded indebtedness as it becomes due and payable as provided in the Transportation Bond Act, and for no other purpose. The surplus, if any, in the Road Fund after the payment of principal and interest on that bonded indebtedness then annually due shall be used as follows: first -- to pay the cost of administration of Chapters 2 through 10 of the Illinois Vehicle Code; and secondly -- no Road Fund monies derived from fees, excises, or license taxes relating to registration, operation and use of vehicles on public highways or to fuels used for the propulsion of those vehicles, shall be appropriated or expended other than for costs of administering the laws imposing those fees, excises, and license taxes, statutory refunds and adjustments allowed thereunder, administrative costs of the Department of Transportation, payment of debts and liabilities incurred in construction and reconstruction of public highways and bridges, acquisition of rights-of-way for and the cost of construction, reconstruction, maintenance, repair, and operation of public highways and bridges under the direction and supervision of the State, political subdivision, or municipality collecting those monies, and the costs for patrolling and policing the public highways (by State, political subdivision, or municipality collecting that money) for enforcement of traffic laws. The separation of grades of such highways with railroads and costs associated with protection of at-grade highway and railroad crossing shall also be permissible. Appropriations for any of such purposes are payable from the Road Fund or the Grade Crossing Protection Fund as provided in Section 8 of the Motor Fuel Tax Law. Beginning with fiscal year 1991 and thereafter, no Road Fund monies shall be appropriated to the Department of State Police for the purposes of this Section in excess of its total fiscal year 1990 Road Fund appropriations for those purposes unless otherwise provided in Section 5g of this Act. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods unless otherwise provided in Section 5g of this Act. In fiscal year 1994, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1991 Road Fund appropriations to the Secretary of State for those purposes, plus $9,800,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other method. Beginning with fiscal year 1995 and thereafter, no Road Fund monies shall be appropriated to the Secretary of State for the purposes of this Section in excess of the total fiscal year 1994 Road Fund appropriations to the Secretary of State for those purposes. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. Beginning with fiscal year 2000, total Road Fund appropriations to the Secretary of State for the purposes of this Section shall not exceed the amounts specified for the following fiscal years: Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000;
HOUSE OF REPRESENTATIVES 5531 Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $80,500,000; Fiscal Year 2004 and each year thereafter $30,500,000. It shall not be lawful to circumvent this limitation on appropriations by governmental reorganization or other methods. No new program may be initiated in fiscal year 1991 and thereafter that is not consistent with the limitations imposed by this Section for fiscal year 1984 and thereafter, insofar as appropriation of Road Fund monies is concerned. Nothing in this Section prohibits transfers from the Road Fund to the State Construction Account Fund under Section 5e of this Act. (Source: P.A. 87-774; 87-1228; 88-78.) Section 10. The Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 105/9) (from Ch. 120, par. 439.9) Sec. 9. Except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, each retailer required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. A retailer need not remit that part of any tax collected by him to the extent that he is required to remit and does remit the tax imposed by the Retailers' Occupation Tax Act, with respect to the sale of the same property. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the retailer, in collecting the tax (except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State), may collect for each tax return period, only the tax applicable to that part of the selling price actually received during such tax return period. Except as provided in this Section, on or before the twentieth day of each calendar month, such retailer shall file a return for the preceding calendar month. Such return shall be filed on forms prescribed by the Department and shall furnish such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible
5532 JOURNAL OF THE [May 21, 1999] personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior
HOUSE OF REPRESENTATIVES 5533 to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below $10,000, then such taxpayer may petition the Department for change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or
5534 JOURNAL OF THE [May 21, 1999] any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that where, in the same transaction, a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale, that seller for resale may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such
HOUSE OF REPRESENTATIVES 5535 other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in
5536 JOURNAL OF THE [May 21, 1999] this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, but as to which the tax imposed by this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling
HOUSE OF REPRESENTATIVES 5537 price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond
5538 JOURNAL OF THE [May 21, 1999] Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund .4% of the net revenue realized for the preceding month from the 5% general rate, or .4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation.
HOUSE OF REPRESENTATIVES 5539 Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June of 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) Section 15. The Service Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 110/9) (from Ch. 120, par. 439.39) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable Rules and Regulations to be promulgated by the Department. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a
5540 JOURNAL OF THE [May 21, 1999] return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year.
HOUSE OF REPRESENTATIVES 5541 Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where a serviceman collects the tax with respect to the selling price of property which he sells and the purchaser thereafter returns such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers' occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereunder shall also include the total tax upon the selling price of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Service Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registration hereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build
5542 JOURNAL OF THE [May 21, 1999] Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and
HOUSE OF REPRESENTATIVES 5543 Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photo processing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. All remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State
5544 JOURNAL OF THE [May 21, 1999] Treasury. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. (Source: P.A. 89-379, eff. 1-1-96; 90-612, eff. 7-8-98.) Section 20. The Service Occupation Tax Act is amended by changing Section 9 as follows: (35 ILCS 115/9) (from Ch. 120, par. 439.109) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax at the time when he is required to file his return for the period during which such tax was collectible, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the serviceman, in collecting the tax may collect, for each tax return period, only the tax applicable to the part of the selling price actually received during such tax return period. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable rules and regulations to be promulgated by the Department of Revenue. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed.
HOUSE OF REPRESENTATIVES 5545 A serviceman may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. If the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Where a serviceman collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser
5546 JOURNAL OF THE [May 21, 1999] thereafter returns such tangible personal property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registrations hereunder, such serviceman shall file separate returns for each registered business. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund the revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the revenue realized for the preceding month from the 6.25% general rate. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less
HOUSE OF REPRESENTATIVES 5547 than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000
5548 JOURNAL OF THE [May 21, 1999] 2006 102,000,000 2007 and 106,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the taxpayer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the taxpayer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The taxpayer's annual return to the Department shall also disclose the cost of goods sold by the taxpayer during the year covered by such return, opening and closing inventories of such goods for such year, cost of goods used from stock or taken from stock and given away by the taxpayer during such year, pay roll information of the
HOUSE OF REPRESENTATIVES 5549 taxpayer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such taxpayer as hereinbefore provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to a serviceman who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-612, eff. 7-8-98.) Section 25. The Retailers' Occupation Tax Act is amended by changing Section 3 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the
5550 JOURNAL OF THE [May 21, 1999] preceding calendar month or quarter, as the case may be, from sales of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or
HOUSE OF REPRESENTATIVES 5551 more shall make all payments required by rules of the Department by electronic funds transfer. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells,
5552 JOURNAL OF THE [May 21, 1999] except that where, in the same transaction, a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale, that seller for resale may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this
HOUSE OF REPRESENTATIVES 5553 procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made
5554 JOURNAL OF THE [May 21, 1999] pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. If the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below $10,000, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any
HOUSE OF REPRESENTATIVES 5555 such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable
5556 JOURNAL OF THE [May 21, 1999] for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which 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. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build
HOUSE OF REPRESENTATIVES 5557 Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 and 106,000,000 each fiscal year
5558 JOURNAL OF THE [May 21, 1999] thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the
HOUSE OF REPRESENTATIVES 5559 retailer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month; except that this transfer shall not be made for the months February through June, 1992. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and
5560 JOURNAL OF THE [May 21, 1999] similar exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 89-89, eff. 6-30-95; 89-235, eff. 8-4-95; 89-379, eff. 1-1-96; 89-626, eff. 8-9-96; 90-491, eff. 1-1-99; 90-612, eff. 7-8-98.) Section 30. The Motor Fuel Tax Act is amended by changing Section 8 as follows: (35 ILCS 505/8) (from Ch. 120, par. 424) Sec. 8. Except as provided in Section 8a, all money received by the Department under this Act, including payments made to the Department by member jurisdictions participating in the International Fuel Tax Agreement, shall be deposited in a special fund in the State treasury, to be known as the "Motor Fuel Tax Fund", and shall be used as follows: (a) 2 1/2 cents per gallon of the tax collected on special fuel under paragraph (b) of Section 2 and Section 13a of this Act shall be transferred to the State Construction Account Fund in the State Treasury; (b) $420,000 shall be transferred each month to the State Boating Act Fund to be used by the Department of Natural Resources for the purposes specified in Article X of the Boat Registration and Safety Act; (c) $2,250,000 $1,500,000 shall be transferred each month to the Grade Crossing Protection Fund to be used as follows: not less than $6,000,000 each fiscal year shall be used for the construction or reconstruction of rail highway grade separation structures; beginning with fiscal year 1997 and ending in fiscal year 1999, $1,500,000, and $750,000 in fiscal year 2000 and each fiscal year thereafter shall be transferred to the Transportation Regulatory Fund and shall be accounted for as part of the rail carrier portion of such funds and shall be used to pay the cost of administration of the Illinois Commerce Commission's railroad safety program in connection with its duties under subsection (3) of Section 18c-7401 of the Illinois Vehicle Code, with the remainder to be used by the Department of Transportation upon order of the Illinois Commerce Commission, to pay that part of the cost apportioned by such Commission to the State to cover the interest of the public in the use of highways, roads or streets in the county highway system, township and district road system or municipal street system as defined in the Illinois Highway Code, as the same may from time to time be amended, for separation of grades, for installation, construction or reconstruction of crossing protection or reconstruction, alteration, relocation including construction or improvement of any existing highway necessary for access to property or improvement of any grade crossing including the necessary highway approaches thereto of any railroad across the highway or public road, as provided for in and in accordance with Section 18c-7401 of the Illinois Vehicle Code. In entering orders for projects for which payments from the Grade Crossing Protection
HOUSE OF REPRESENTATIVES 5561 Fund will be made, the Commission shall account for expenditures authorized by the orders on a cash rather than an accrual basis. For purposes of this requirement an "accrual basis" assumes that the total cost of the project is expended in the fiscal year in which the order is entered, while a "cash basis" allocates the cost of the project among fiscal years as expenditures are actually made. To meet the requirements of this subsection, the Illinois Commerce Commission shall develop annual and 5-year project plans of rail crossing capital improvements that will be paid for with moneys from the Grade Crossing Protection Fund. The annual project plan shall identify projects for the succeeding fiscal year and the 5-year project plan shall identify projects for the 5 directly succeeding fiscal years. The Commission shall submit the annual and 5-year project plans for this Fund to the Governor, the President of the Senate, the Senate Minority Leader, the Speaker of the Senate of Representatives, and the Minority Leader of the Senate of Representatives on the first Wednesday in April of each year; (d) of the amount remaining after allocations provided for in subsections (a), (b) and (c), a sufficient amount shall be reserved to pay all of the following: (1) the costs of the Department of Revenue in administering this Act; (2) the costs of the Department of Transportation in performing its duties imposed by the Illinois Highway Code for supervising the use of motor fuel tax funds apportioned to municipalities, counties and road districts; (3) refunds provided for in Section 13 of this Act and under the terms of the International Fuel Tax Agreement referenced in Section 14a; (4) from October 1, 1985 until June 30, 1994, the administration of the Vehicle Emissions Inspection Law, which amount shall be certified monthly by the Environmental Protection Agency to the State Comptroller and shall promptly be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund to the Vehicle Inspection Fund, and beginning July 1, 1994, and until December 31, 2000, one-twelfth of $25,000,000 each month for the administration of the Vehicle Emissions Inspection Law of 1995, to be transferred by the State Comptroller and Treasurer from the Motor Fuel Tax Fund into the Vehicle Inspection Fund; (5) amounts ordered paid by the Court of Claims; and (6) payment of motor fuel use taxes due to member jurisdictions under the terms of the International Fuel Tax Agreement. The Department shall certify these amounts to the Comptroller by the 15th day of each month; the Comptroller shall cause orders to be drawn for such amounts, and the Treasurer shall administer those amounts on or before the last day of each month; (e) after allocations for the purposes set forth in subsections (a), (b), (c), and (d), the remaining amount shall be apportioned as follows: (1) Until January 1, 2000, 58.4%, and beginning January 1, 2000, 45.6% shall be deposited as follows: (A) 37% into the State Construction Account Fund, and (B) 63% into the Road Fund, $1,250,000 of which shall be reserved each month for the Department of Transportation to be used in accordance with the provisions of Sections 6-901 through 6-906 of the Illinois Highway Code; (2) Until January 1, 2000, 41.6%, and beginning January 1, 2000, 54.4% shall be transferred to the Department of Transportation to be distributed as follows:
5562 JOURNAL OF THE [May 21, 1999] (A) 49.10% to the municipalities of the State, (B) 16.74% to the counties of the State having 1,000,000 or more inhabitants, (C) 18.27% to the counties of the State having less than 1,000,000 inhabitants, (D) 15.89% to the road districts of the State. As soon as may be after the first day of each month the Department of Transportation shall allot to each municipality its share of the amount apportioned to the several municipalities which shall be in proportion to the population of such municipalities as determined by the last preceding municipal census if conducted by the Federal Government or Federal census. If territory is annexed to any municipality subsequent to the time of the last preceding census the corporate authorities of such municipality may cause a census to be taken of such annexed territory and the population so ascertained for such territory shall be added to the population of the municipality as determined by the last preceding census for the purpose of determining the allotment for that municipality. If the population of any municipality was not determined by the last Federal census preceding any apportionment, the apportionment to such municipality shall be in accordance with any census taken by such municipality. Any municipal census used in accordance with this Section shall be certified to the Department of Transportation by the clerk of such municipality, and the accuracy thereof shall be subject to approval of the Department which may make such corrections as it ascertains to be necessary. As soon as may be after the first day of each month the Department of Transportation shall allot to each county its share of the amount apportioned to the several counties of the State as herein provided. Each allotment to the several counties having less than 1,000,000 inhabitants shall be in proportion to the amount of motor vehicle license fees received from the residents of such counties, respectively, during the preceding calendar year. The Secretary of State shall, on or before April 15 of each year, transmit to the Department of Transportation a full and complete report showing the amount of motor vehicle license fees received from the residents of each county, respectively, during the preceding calendar year. The Department of Transportation shall, each month, use for allotment purposes the last such report received from the Secretary of State. As soon as may be after the first day of each month, the Department of Transportation shall allot to the several counties their share of the amount apportioned for the use of road districts. The allotment shall be apportioned among the several counties in the State in the proportion which the total mileage of township or district roads in the respective counties bears to the total mileage of all township and district roads in the State. Funds allotted to the respective counties for the use of road districts therein shall be allocated to the several road districts in the county in the proportion which the total mileage of such township or district roads in the respective road districts bears to the total mileage of all such township or district roads in the county. After July 1 of any year, no allocation shall be made for any road district unless it levied a tax for road and bridge purposes in an amount which will require the extension of such tax against the taxable property in any such road district at a rate of not less than either .08% of the value thereof, based upon the assessment for the year immediately prior to the year in which such tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less. If any road district has levied a special tax for road purposes pursuant to Sections 6-601, 6-602 and
HOUSE OF REPRESENTATIVES 5563 6-603 of the Illinois Highway Code, and such tax was levied in an amount which would require extension at a rate of not less than .08% of the value of the taxable property thereof, as equalized or assessed by the Department of Revenue, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such levy shall, however, be deemed a proper compliance with this Section and shall qualify such road district for an allotment under this Section. If a township has transferred to the road and bridge fund money which, when added to the amount of any tax levy of the road district would be the equivalent of a tax levy requiring extension at a rate of at least .08%, or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less, such transfer, together with any such tax levy, shall be deemed a proper compliance with this Section and shall qualify the road district for an allotment under this Section. In counties in which a property tax extension limitation is imposed under the Property Tax Extension Limitation Law, road districts may retain their entitlement to a motor fuel tax allotment if, at the time the property tax extension limitation was imposed, the road district was levying a road and bridge tax at a rate sufficient to entitle it to a motor fuel tax allotment and continues to levy the maximum allowable amount after the imposition of the property tax extension limitation. Any road district may in all circumstances retain its entitlement to a motor fuel tax allotment if it levied a road and bridge tax in an amount that will require the extension of the tax against the taxable property in the road district at a rate of not less than 0.08% of the assessed value of the property, based upon the assessment for the year immediately preceding the year in which the tax was levied and as equalized by the Department of Revenue or, in DuPage County, an amount equal to or greater than $12,000 per mile of road under the jurisdiction of the road district, whichever is less. As used in this Section the term "road district" means any road district, including a county unit road district, provided for by the Illinois Highway Code; and the term "township or district road" means any road in the township and district road system as defined in the Illinois Highway Code. For the purposes of this Section, "road district" also includes park districts, forest preserve districts and conservation districts organized under Illinois law and "township or district road" also includes such roads as are maintained by park districts, forest preserve districts and conservation districts. The Department of Transportation shall determine the mileage of all township and district roads for the purposes of making allotments and allocations of motor fuel tax funds for use in road districts. Payment of motor fuel tax moneys to municipalities and counties shall be made as soon as possible after the allotment is made. The treasurer of the municipality or county may invest these funds until their use is required and the interest earned by these investments shall be limited to the same uses as the principal funds. (Source: P.A. 89-167, eff. 1-1-96; 89-445, eff. 2-7-96; 89-699, eff. 1-16-97; 90-110, eff. 7-14-97; 90-655, eff. 7-30-98; 90-659, eff. 1-1-99; 90-691, eff. 1-1-99; revised 9-16-98.) Section 35. The Regional Transportation Authority Act is amended by changing Sections 4.04, 4.09, 4.12, and 4.13 as follows: (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) Sec. 4.04. Issuance and Pledge of Bonds and Notes. (a) The Authority shall have the continuing power to borrow money and to issue its negotiable bonds or notes as provided in this Section. Unless otherwise indicated in this Section, the term
5564 JOURNAL OF THE [May 21, 1999] "notes" also includes bond anticipation notes, which are notes which by their terms provide for their payment from the proceeds of bonds thereafter to be issued. Bonds or notes of the Authority may be issued for any or all of the following purposes: to pay costs to the Authority or a Service Board of constructing or acquiring any public transportation facilities (including funds and rights relating thereto, as provided in Section 2.05 of this Act); to repay advances to the Authority or a Service Board made for such purposes; to pay other expenses of the Authority or a Service Board incident to or incurred in connection with such construction or acquisition; to provide funds for any transportation agency to pay principal of or interest or redemption premium on any bonds or notes, whether as such amounts become due or by earlier redemption, issued prior to the date of this amendatory Act by such transportation agency to construct or acquire public transportation facilities or to provide funds to purchase such bonds or notes; and to provide funds for any transportation agency to construct or acquire any public transportation facilities, to repay advances made for such purposes, and to pay other expenses incident to or incurred in connection with such construction or acquisition; and to provide funds for payment of obligations, including the funding of reserves, under any self-insurance plan or joint self-insurance pool or entity. In addition to any other borrowing as may be authorized by this Section, the Authority may issue its notes, from time to time, in anticipation of tax receipts of the Authority or of other revenues or receipts of the Authority, in order to provide money for the Authority or the Service Boards to cover any cash flow deficit which the Authority or a Service Board anticipates incurring. Any such notes are referred to in this Section as "Working Cash Notes". No Working Cash Notes shall be issued for a term of longer than 18 months. Proceeds of Working Cash Notes may be used to pay day to day operating expenses of the Authority or the Service Boards, consisting of wages, salaries and fringe benefits, professional and technical services (including legal, audit, engineering and other consulting services), office rental, furniture, fixtures and equipment, insurance premiums, claims for self-insured amounts under insurance policies, public utility obligations for telephone, light, heat and similar items, travel expenses, office supplies, postage, dues, subscriptions, public hearings and information expenses, fuel purchases, and payments of grants and payments under purchase of service agreements for operations of transportation agencies, prior to the receipt by the Authority or a Service Board from time to time of funds for paying such expenses. In addition to any Working Cash Notes that the Board of the Authority may determine to issue, the Suburban Bus Board, the Commuter Rail Board or the Board of the Chicago Transit Authority may demand and direct that the Authority issue its Working Cash Notes in such amounts and having such maturities as the Service Board may determine. Notwithstanding any other provision of this Act, any amounts necessary to pay principal of and interest on any Working Cash Notes issued at the demand and direction of a Service Board or any Working Cash Notes the proceeds of which were used for the direct benefit of a Service Board or any other Bonds or Notes of the Authority the proceeds of which were used for the direct benefit of a Service Board shall constitute a reduction of the amount of the proceeds of any tax imposed by the Authority under Sections 4.03 and 4.03.1 or any other funds provided by the Authority to that a Service Board. The Authority shall, after deducting any costs of issuance, tender the net proceeds of any Working Cash Notes issued at the demand and direction of a Service Board to such Service Board as soon as may be practicable after the proceeds are received. The Authority may also
HOUSE OF REPRESENTATIVES 5565 issue notes or bonds to pay, refund or redeem any of its notes and bonds, including to pay redemption premiums or accrued interest on such bonds or notes being renewed, paid or refunded, and other costs in connection therewith. The Authority may also utilize the proceeds of any such bonds or notes to pay the legal, financial, administrative and other expenses of such authorization, issuance, sale or delivery of bonds or notes or to provide or increase a debt service reserve fund with respect to any or all of its bonds or notes. The Authority may also issue and deliver its bonds or notes in exchange for any public transportation facilities, (including funds and rights relating thereto, as provided in Section 2.05 of this Act) or in exchange for outstanding bonds or notes of the Authority, including any accrued interest or redemption premium thereon, without advertising or submitting such notes or bonds for public bidding. (b) The ordinance providing for the issuance of any such bonds or notes shall fix the date or dates of maturity, the dates on which interest is payable, any sinking fund account or reserve fund account provisions and all other details of such bonds or notes and may provide for such covenants or agreements necessary or desirable with regard to the issue, sale and security of such bonds or notes. The rate or rates of interest on its bonds or notes may be fixed or variable and the Authority shall determine or provide for the determination of the rate or rates of interest of its bonds or notes issued under this Act in an ordinance adopted by the Authority prior to the issuance thereof, none of which rates of interest shall exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Interest may be payable annually or semi-annually, or at such other times as are provided for by the Board. Bonds and notes issued under this Section may be issued as serial or term obligations, shall be of such denomination or denominations and form, including interest coupons to be attached thereto, be executed in such manner, shall be payable at such place or places and bear such date as the Authority shall fix by the ordinance authorizing such bond or note and shall mature at such time or times, within a period not to exceed forty years from the date of issue, and may be redeemable prior to maturity with or without premium, at the option of the Authority, upon such terms and conditions as the Authority shall fix by the ordinance authorizing the issuance of such bonds or notes. No bond anticipation note or any renewal thereof shall mature at any time or times exceeding 5 years from the date of the first issuance of such note. The Authority may provide for the registration of bonds or notes in the name of the owner as to the principal alone or as to both principal and interest, upon such terms and conditions as the Authority may determine. The ordinance authorizing bonds or notes may provide for the exchange of such bonds or notes which are fully registered, as to both principal and interest, with bonds or notes which are registerable as to principal only. All bonds or notes issued under this Section by the Authority other than those issued in exchange for property or for bonds or notes of the Authority shall be sold at a price which may be at a premium or discount but such that the interest cost (excluding any redemption premium) to the Authority of the proceeds of an issue of such bonds or notes, computed to stated maturity according to standard tables of bond values, shall not exceed that permitted in the Bond Authorization Act "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as now or hereafter amended. Such bonds or
5566 JOURNAL OF THE [May 21, 1999] notes shall be sold at such time or times and, until January 1, 1995, in such manner as the Authority shall determine. The Authority shall notify the Bureau of the Budget and the State Comptroller at least 30 days before any bond sale and shall file with the Bureau of the Budget and the State Comptroller a certified copy of any ordinance authorizing the issuance of bonds at or before the issuance of the bonds. After December 31, 1994, any such bonds or notes shall be sold to the highest and best bidder on sealed bids as the Authority shall deem. As such bonds or notes are to be sold the Authority shall advertise for proposals to purchase the bonds or notes which advertisement shall be published at least once in a daily newspaper of general circulation published in the metropolitan region at least 10 days before the time set for the submission of bids. The Authority shall have the right to reject any or all bids. Notwithstanding any other provisions of this Section, Working Cash Notes or bonds or notes to provide funds for self-insurance or a joint self-insurance pool or entity may be sold either upon competitive bidding or by negotiated sale (without any requirement of publication of intention to negotiate the sale of such Notes), as the Board shall determine by ordinance adopted with the affirmative votes of at least 7 Directors. In case any officer whose signature appears on any bonds, notes or coupons authorized pursuant to this Section shall cease to be such officer before delivery of such bonds or notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. Neither the Directors of the Authority nor any person executing any bonds or notes thereof shall be liable personally on any such bonds or notes or coupons by reason of the issuance thereof. (c) All bonds or notes of the Authority issued pursuant to this Section shall be general obligations of the Authority to which shall be pledged the full faith and credit of the Authority, as provided in this Section. Such bonds or notes shall be secured as provided in the authorizing ordinance, which may, notwithstanding any other provision of this Act, include in addition to any other security, a specific pledge or assignment of and lien on or security interest in any or all tax receipts of the Authority and on any or all other revenues or moneys of the Authority from whatever source, which may by law be utilized for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by the ordinance of the Authority authorizing the issuance of such bonds or notes. Any such pledge, assignment, lien or security interest for the benefit of holders of bonds or notes of the Authority shall be valid and binding from the time the bonds or notes are issued without any physical delivery or further act, and shall be valid and binding as against and prior to the claims of all other parties having claims of any kind against the Authority or any other person irrespective of whether such other parties have notice of such pledge, assignment, lien or security interest. The obligations of the Authority incurred pursuant to this Section shall be superior to and have priority over any other obligations of the Authority. The Authority may provide in the ordinance authorizing the issuance of any bonds or notes issued pursuant to this Section for the creation of, deposits in, and regulation and disposition of sinking fund or reserve accounts relating to such bonds or notes. The ordinance authorizing the issuance of any bonds or notes pursuant to this Section may contain provisions as part of the contract with the holders of the bonds or notes, for the creation of a separate fund to provide for the payment of principal and interest on such bonds or notes and for the deposit in such fund from any or all the
HOUSE OF REPRESENTATIVES 5567 tax receipts of the Authority and from any or all such other moneys or revenues of the Authority from whatever source which may by law be utilized for debt service purposes, all as provided in such ordinance, of amounts to meet the debt service requirements on such bonds or notes, including principal and interest, and any sinking fund or reserve fund account requirements as may be provided by such ordinance, and all expenses incident to or in connection with such fund and accounts or the payment of such bonds or notes. Such ordinance may also provide limitations on the issuance of additional bonds or notes of the Authority. No such bonds or notes of the Authority shall constitute a debt of the State of Illinois. Nothing in this Act shall be construed to enable the Authority to impose any ad valorem tax on property. (d) The ordinance of the Authority authorizing the issuance of any bonds or notes may provide additional security for such bonds or notes by providing for appointment of a corporate trustee (which may be any trust company or bank having the powers of a trust company within the state) with respect to such bonds or notes. The ordinance shall prescribe the rights, duties and powers of the trustee to be exercised for the benefit of the Authority and the protection of the holders of such bonds or notes. The ordinance may provide for the trustee to hold in trust, invest and use amounts in funds and accounts created as provided by the ordinance with respect to the bonds or notes. The ordinance may provide for the assignment and direct payment to the trustee of any or all amounts produced from the sources provided in Section 4.03 of this Act and provided in Section 6z-17 of "An Act in relation to State finance", approved June 10, 1919, as amended. Upon receipt of notice of any such assignment, the Department of Revenue and the Comptroller of the State of Illinois shall thereafter, notwithstanding the provisions of Section 4.03 of this Act and Section 6z-17 of "An Act in relation to State finance", approved June 10, 1919, as amended, provide for such assigned amounts to be paid directly to the trustee instead of the Authority, all in accordance with the terms of the ordinance making the assignment. The ordinance shall provide that amounts so paid to the trustee which are not required to be deposited, held or invested in funds and accounts created by the ordinance with respect to bonds or notes or used for paying bonds or notes to be paid by the trustee to the Authority. (e) Any bonds or notes of the Authority issued pursuant to this Section shall constitute a contract between the Authority and the holders from time to time of such bonds or notes. In issuing any bond or note, the Authority may include in the ordinance authorizing such issue a covenant as part of the contract with the holders of the bonds or notes, that as long as such obligations are outstanding, it shall make such deposits, as provided in paragraph (c) of this Section. It may also so covenant that it shall impose and continue to impose taxes, as provided in Section 4.03 of this Act and in addition thereto as subsequently authorized by law, sufficient to make such deposits and pay the principal and interest and to meet other debt service requirements of such bonds or notes as they become due. A certified copy of the ordinance authorizing the issuance of any such obligations shall be filed at or prior to the issuance of such obligations with the Comptroller of the State of Illinois and the Illinois Department of Revenue. (f) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes,
5568 JOURNAL OF THE [May 21, 1999] together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds are to be paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Authority is authorized to include these pledges and agreements of the State in any contract with the holders of bonds or notes issued pursuant to this Section. (g)(1) Except as provided in subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the Authority shall not at any time issue, sell or deliver any bonds or notes (other than Working Cash Notes) pursuant to this Section 4.04 which will cause it to have issued and outstanding at any time in excess of $800,000,000 $500,000,000 of such bonds and notes (other than Working Cash Notes). The Authority shall not at any time issue, sell or deliver any Working Cash Notes pursuant to this Section which will cause it to have issued and outstanding at any time in excess of $100,000,000 of Working Cash Notes. Bonds or notes which are being paid or retired by such issuance, sale or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agency of such bonds or notes to provide for payment of principal and interest thereon or to provide for the redemption thereof, all pursuant to the ordinance authorizing the issuance of such bonds or notes, shall not be considered to be outstanding for the purposes of the first two sentences of this subsection. (2) In addition to the authority provided by paragraphs paragraph (1) and (3), the Authority is authorized to issue, sell and deliver bonds or notes for Strategic Capital Improvement Projects approved pursuant to Section 4.13 as follows: $100,000,000 is authorized to be issued on or after January 1, 1990; an additional $100,000,000 is authorized to be issued on or after January 1, 1991; an additional $100,000,000 is authorized to be issued on or after January 1, 1992; an additional $100,000,000 is authorized to be issued on or after January 1, 1993; an additional $100,000,000 is authorized to be issued on or after January 1, 1994; and the aggregate total authorization of bonds and notes for Strategic Capital Improvement Projects as of January 1, 1994, shall be $500,000,000. The Authority is also authorized to issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement Projects under this subdivision (g)(2), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes in the current or any future fiscal year shall not exceed the debt service requirements for that year on the refunded bonds or notes. (3) In addition to the authority provided by paragraphs (1) and (2), the Authority is authorized to issue, sell, and deliver bonds or notes for Strategic Capital Improvement Projects approved pursuant to Section 4.13 as follows: $260,000,000 is authorized to be issued on or after January 1, 2000;
HOUSE OF REPRESENTATIVES 5569 an additional $260,000,000 is authorized to be issued on or after January 1, 2001; an additional $260,000,000 is authorized to be issued on or after January 1, 2002; an additional $260,000,000 is authorized to be issued on or after January 1, 2003; an additional $260,000,000 is authorized to be issued on or after January 1, 2004; and the aggregate total authorization of bonds and notes for Strategic Capital Improvement Projects pursuant to this paragraph (3) as of January 1, 2004 shall be $1,300,000,000. The Authority is also authorized to issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement projects under this subdivision (g)(3), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes in the current or any future fiscal year shall not exceed the debt service requirements for that year on the refunded bonds or notes. (h) The Authority, subject to the terms of any agreements with noteholders or bond holders as may then exist, shall have power, out of any funds available therefor, to purchase notes or bonds of the Authority, which shall thereupon be cancelled. (i) In addition to any other authority granted by law, the State Treasurer may, with the approval of the Governor, invest or reinvest, at a price not to exceed par, any State money in the State Treasury which is not needed for current expenditures due or about to become due in Working Cash Notes. (Source: P.A. 86-16.) (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) Sec. 4.09. Public Transportation Fund and the Regional Transportation Authority Occupation and Use Tax Replacement Fund. (a) As soon as possible after the first day of each month, beginning November 1, 1983, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to a special fund in the State Treasury, to be known as the "Public Transportation Fund" $9,375,000 for each month remaining in State fiscal year 1984. As soon as possible after the first day of each month, beginning July 1, 1984, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the amounts deposited into the Regional Transportation Authority tax fund created by Section 4.03 of this Act, from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act and 25% of the amounts deposited into the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. Net revenue realized for a month shall be the revenue collected by the State pursuant to Sections 4.03 and 4.03.1 during the previous month from within the metropolitan region, less the amount paid out during that same month as refunds to taxpayers for overpayment of liability in the metropolitan region under Sections 4.03 and 4.03.1. (b) (1) All moneys deposited in the Public Transportation Fund
5570 JOURNAL OF THE [May 21, 1999] and the Regional Transportation Authority Occupation and Use Tax Replacement Fund, whether deposited pursuant to this Section or otherwise, are allocated to the Authority. Pursuant to appropriation, the Comptroller, as soon as possible after each monthly transfer provided in this Section and after each deposit into the Public Transportation Fund, shall order the Treasurer to pay to the Authority out of the Public Transportation Fund the amount so transferred or deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. Subject to appropriation to the Department of Revenue, the Comptroller, as soon as possible after each deposit into the Regional Transportation Authority Occupation and Use Tax Replacement Fund provided in this Section and Section 6z-17 of the State Finance Act, shall order the Treasurer to pay to the Authority out of the Regional Transportation Authority Occupation and Use Tax Replacement Fund the amount so deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. (2) Provided, however, no moneys deposited under subsection (a) of this Section 4.09 shall be paid from the Public Transportation Fund to the Authority or its assignee for any fiscal year beginning after the effective date of this amendatory Act of 1983 until the Authority has certified to the Governor, the Comptroller, and the Mayor of the City of Chicago that it has adopted for that fiscal year a budget and financial plan meeting the requirements in Section 4.01(b). (c) In recognition of the efforts of the Authority to enhance the mass transportation facilities under its control, the State shall provide financial assistance ("Additional State Assistance") in excess of the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional State Assistance provided in any State fiscal year shall not exceed the actual debt service payable by the Authority during that State fiscal year on bonds or notes issued to finance Strategic Capital Improvement Projects under Section 4.04 of this Act. Additional State Assistance shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: 1990 $5,000,000; 1991 $5,000,000; 1992 $10,000,000; 1993 $10,000,000; 1994 $20,000,000; 1995 $30,000,000; 1996 $40,000,000; 1997 $50,000,000; 1998 $55,000,000; and each year thereafter $55,000,000. (c-5) The State shall provide financial assistance ("Additional Financial Assistance") in addition to the Additional State Assistance provided by subsection (c) and the amounts transferred to the Authority from the General Revenue Fund under subsection (a) of this Section. Additional Financial Assistance provided by this subsection shall be calculated as provided in subsection (d), but shall in no event exceed the following specified amounts with respect to the following State fiscal years: 2000 $0; 2001 $16,000,000; 2002 $35,000,000; 2003 $54,000,000;
HOUSE OF REPRESENTATIVES 5571 2004 $73,000,000; 2005 $93,000,000; and each year thereafter $100,000,000. (d) Beginning with State fiscal year 1990 and continuing for each State fiscal year thereafter, the Authority shall annually certify to the State Comptroller and State Treasurer, separately with respect to each of subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act, the following amounts: (1) The amount necessary and required, during the State fiscal year with respect to which the certification is made, to pay its obligations for debt service on all outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act. and (2) An estimate of the amount necessary and required to pay its obligations for debt service for any bonds or notes for Strategic Capital Improvement Projects which the Authority anticipates it will issue under subdivisions (g)(2) and (g)(3) of Section 4.04 during that State fiscal year. (3) Its debt service savings during the preceding State fiscal year from refunding or advance refunding of bonds or notes issued under subdivisions (g)(2) and (g)(3) of Section 4.04. (4) The amount of interest, if any, earned by the Authority during the previous State fiscal year on the proceeds of bonds or notes issued pursuant to subdivisions (g)(2) and (g)(3) of Section 4.04, other than refunding or advance refunding bonds or notes. The certification shall include a specific schedule of debt service payments, including the date and amount of each payment for all outstanding bonds or notes and an estimated schedule of anticipated debt service for all bonds and notes it intends to issue, if any, during that State fiscal year, including the estimated date and estimated amount of each payment. Immediately, upon the issuance of bonds for which an estimated schedule of debt service payments was prepared, the Authority shall file an amended certification with respect to item (2) above, to specify the actual schedule of debt service payments, including the date and amount of each payment, for the remainder of the State fiscal year. On the first day of each month of the State fiscal year in which there are bonds outstanding with respect to which the certification is made, the State Comptroller shall order transferred and the State Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund the Additional State Assistance and Additional Financial Assistance in an amount equal to the aggregate of (i) (1) one-twelfth of the sum of the amounts certified under items (1) and (3) above less the amount certified under item (4) above, plus (ii) amount required to pay debt service on bonds and notes issued before the beginning of the State fiscal year and (2) the amount required to pay debt service on bonds and notes issued during the fiscal year, if any, divided by the number of months remaining in the fiscal year after the date of issuance, or some smaller portion as may be necessary under, listed in subsection (c) or (c-5) of this Section for the relevant State fiscal year, plus (iii) any cumulative deficiencies in transfers for prior months, until an amount equal to the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, certified debt service for that State fiscal year on outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under Section 4.04 of this Act has been transferred; except that these transfers
5572 JOURNAL OF THE [May 21, 1999] are subject to the following limits:. (A) In no event shall the total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(2) of Section 4.04 exceed the lesser of the annual maximum amount amounts specified in subsection (c) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes the total certified debt service on outstanding bonds or notes for Strategic Capital Improvement Projects issued by the Authority under Section 4.04 of this Act. (B) In no event shall the total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority under subdivision (g)(3) of Section 4.04 exceed the lesser of the annual maximum amount specified in subsection (c-5) or the sum of the amounts certified under items (1) and (3) above, plus the actual debt service certified under item (2) above, less the amount certified under item (4) above, with respect to those bonds and notes. The term "outstanding" does not include bonds or notes for which refunding or advance refunding bonds or notes have been issued. (e) Neither Additional State Assistance nor Additional Financial Assistance may not be pledged, either directly or indirectly as general revenues of the Authority, as security for any bonds issued by the Authority. The Authority may not assign its right to receive Additional State Assistance or Additional Financial Assistance, or direct payment of Additional State Assistance or Additional Financial Assistance, to a trustee or any other entity for the payment of debt service on its bonds. (f) The certification required under subsection (d) with respect to outstanding bonds and notes of the Authority shall be filed as early as practicable before the beginning of the State fiscal year to which it relates. The certification shall be revised as may be necessary to accurately state the debt service requirements of the Authority. (g) Within 6 months of the end of the 3 month period ending December 31, 1983, and each fiscal year thereafter, the Authority shall determine whether the aggregate of all system generated revenues for public transportation in the metropolitan region which is provided by, or under grant or purchase of service contracts with, the Service Boards equals 50% of the aggregate of all costs of providing such public transportation. "System generated revenues" include all the proceeds of fares and charges for services provided, contributions received in connection with public transportation from units of local government other than the Authority and from the State pursuant to subsection (9) of Section 49.19 of the Civil Administrative Code of Illinois, and all other revenues properly included consistent with generally accepted accounting principles but may not include the proceeds from any borrowing. "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligations for borrowed money of the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 2-20; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost as to which it is reasonably expected that a cash expenditure will not be made; costs up to $5,000,000 annually for passenger security including grants, contracts, personnel, equipment
HOUSE OF REPRESENTATIVES 5573 and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; or costs as exempted by the Board for projects pursuant to Section 2.09 of this Act. If said system generated revenues are less than 50% of said costs, the Board shall remit an amount equal to the amount of the deficit to the State. The Treasurer shall deposit any such payment in the General Revenue Fund. (h) If the Authority makes any payment to the State under paragraph (g), the Authority shall reduce the amount provided to a Service Board from funds transferred under paragraph (a) in proportion to the amount by which that Service Board failed to meet its required system generated revenues recovery ratio. A Service Board which is affected by a reduction in funds under this paragraph shall submit to the Authority concurrently with its next due quarterly report a revised budget incorporating the reduction in funds. The revised budget must meet the criteria specified in clauses (i) through (vi) of Section 4.11(b)(2). The Board shall review and act on the revised budget as provided in Section 4.11(b)(3). (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481; 87-764; revised 10-31-98.) (70 ILCS 3615/4.12) (from Ch. 111 2/3, par. 704.12) Sec. 4.12. RTA Strategic Capital Improvement Program. The program created by this amendatory Act of 1989 in Sections 4.12 and 4.13 shall be known as the RTA Strategic Capital Improvement Program (the "Strategic Capital Improvement Program"). The Strategic Capital Improvement Program will enhance the ability of the Authority to acquire, repair or replace public transportation facilities in the metropolitan region and shall be financed through the issuance of bonds or notes authorized by this amendatory Act of 1989 for Strategic Capital Improvement Projects under Section 4.04 of this Act. The Program is intended as a supplement to the ongoing capital development activities of the Authority and the Service Boards financed with grants, loans and other moneys made available by the federal government or the State of Illinois. The Authority and the Service Boards shall continue to seek, receive and expend all available grants, loans and other moneys. Any contracts for architectural or engineering services for projects approved pursuant to Section 4.13 shall comply with the requirements set forth in "An Act concerning municipalities, counties and other political subdivisions", as now or hereafter amended. (Source: P.A. 86-16.) (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13) Sec. 4.13. Annual Capital Improvement Plan. (a) With respect to each calendar year, the Authority shall prepare as part of its Five Year Program an Annual Capital Improvement Plan (the "Plan") which shall describe its intended development and implementation of the Strategic Capital Improvement Program. The Plan shall include the following information: (i) a list of projects for which approval is sought from the Governor, with a description of each project stating at a minimum the project cost, its category, its location and the entity responsible for its implementation; (ii) a certification by the Authority that the Authority and the Service Boards have applied for all grants, loans and other moneys made available by the federal government or the State of Illinois during the preceding federal and State fiscal years for financing its capital development activities; (iii) a certification that, as of September 30 of the
5574 JOURNAL OF THE [May 21, 1999] preceding calendar year or any later date, the balance of all federal capital grant funds and all other funds to be used as matching funds therefor which were committed to or possessed by the Authority or a Service Board but which had not been obligated was less than $350,000,000, or a greater amount as authorized in writing by the Governor (for purposes of this subsection (a), "obligated" means committed to be paid by the Authority or a Service Board under a contract with a nongovernmental entity in connection with the performance of a project or committed under a force account plan approved by the federal government); (iv) a certification that the Authority has adopted a balanced budget with respect to such calendar year under Section 4.01 of this Act; (v) a schedule of all bonds or notes previously issued for Strategic Capital Improvement Projects and all debt service payments to be made with respect to all such bonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result from bonds to be sold prior thereto; (vi) a long-range summary of the Strategic Capital Improvement Program describing the projects to be funded through the Program with respect to project cost, category, location, and implementing entity, and presenting a financial plan including an estimated time schedule for obligating funds for the performance of approved projects, issuing bonds, expending bond proceeds and paying debt service throughout the duration of the Program; and (vii) the source of funding for each project in the Plan. For any project for which full funding has not yet been secured and which is not subject to a federal full funding contract, the Authority must identify alternative, dedicated funding sources available to complete the project. The Governor may waive this requirement on a project by project basis. (b) The Authority shall submit the Plan with respect to any calendar year to the Governor on or before January 15 of that year, or as soon as possible thereafter; provided, however, that the Plan shall be adopted on the affirmative votes of 9 of the then Directors. The Plan may be revised or amended at any time, but any revision in the projects approved shall require the Governor's approval. (c) The Authority shall seek approval from the Governor only through the Plan or an amendment thereto. The Authority shall not request approval of the Plan from the Governor in any calendar year in which it is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Authority seek approval of the Plan from the Governor for projects in an aggregate amount exceeding the authorization for bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (d) The Governor may approve the Plan for which approval is requested. The Governor's approval is limited to the amount of the project cost stated in the Plan. The Governor shall not approve the Plan in a calendar year if the Authority is unable to make the certifications required under items (ii), (iii) and (iv) of subsection (a). In no event shall the Governor approve the Plan for projects in an aggregate amount exceeding the authorization for bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (e) With respect to capital improvements, only those capital improvements which are in a Plan approved by the Governor shall be financed with the proceeds of bonds or notes issued for Strategic Capital Improvement Projects. (f) Before the Authority or a Service Board obligates any funds
HOUSE OF REPRESENTATIVES 5575 for a project for which the Authority or Service Board intends to use the proceeds of bonds or notes for Strategic Capital Improvement Projects, but which project is not included in an approved Plan, the Authority must notify the Governor of the intended obligation. No project costs incurred prior to approval of the Plan including that project may be paid from the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 4.04 of this Act. (Source: P.A. 86-16.) Section 38. The Illinois Highway Code is amended by adding Section 4-410 as follows: (605 ILCS 5/4-410 new) Sec. 4-410. Demonstration project. The Department shall implement a demonstration project, under which 20 of the contracts arising out of the Department's 5-year project program for fiscal years 2000 through 2004 shall have a performance-based warranty of at least 5 years, and 10 of those contracts shall be designed for a 30-year life cycle. Section 40. The Illinois Vehicle Code is amended by changing Sections 2-119, 2-123, 3-305, 3-403, 3-607, 3-619, 3-804, 3-804.02, 3-805, 3-806, 3-806.1, 3-806.3, 3-807, 3-808, 3-809, 3-809.1, 3-810, 3-811, 3-812, 3-814, 3-814.1, 3-815, 3-818, 3-819, 3-820, and 3-821 and adding Section 3-824.5 as follows: (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119) Sec. 2-119. Disposition of fees and taxes. (a) All moneys received from Salvage Certificates shall be deposited in the Common School Fund in the State Treasury. (b) Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $0.50 shall be deposited into the Used Tire Management Fund. Beginning January 1, 1990 and concluding December 31, 1994, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $1.50 shall be deposited in the Park and Conservation Fund. Beginning January 1, 1995, of the money collected for each certificate of title, duplicate certificate of title and corrected certificate of title, $2 shall be deposited in the Park and Conservation Fund. The moneys deposited in the Park and Conservation Fund pursuant to this Section shall be used for the acquisition and development of bike paths as provided for in Section 63a36 of the Civil Administrative Code of Illinois. Beginning January 1, 2000 and continuing through December 31, 2004, of the moneys collected for each certificate of title, duplicate certificate of title, and corrected certificate of title, $48 shall be deposited into the Road Fund and $4 shall be deposited into the Motor Vehicle License Plate Fund, except that if the balance in the Motor Vehicle License Plate Fund exceeds $40,000,000 on the last day of a calendar month, then during the next calendar month the $4 shall instead be deposited into the Road Fund. Beginning January 1, 2005, of the moneys collected for each certificate of title, duplicate certificate of title, and corrected certificate of title, $52 shall be deposited into the Road Fund. Except as otherwise provided in this Code, all remaining moneys collected for certificates of title, and all moneys collected for filing of security interests, shall be placed in the General Revenue Fund in the State Treasury. (c) All moneys collected for that portion of a driver's license fee designated for driver education under Section 6-118 shall be placed in the Driver Education Fund in the State Treasury. (d) Beginning January 1, 1999, of the monies collected as a registration fee for each motorcycle, motor driven cycle and
5576 JOURNAL OF THE [May 21, 1999] motorized pedalcycle, 27% of each annual registration fee for such vehicle and 27% of each semiannual registration fee for such vehicle is deposited in the Cycle Rider Safety Training Fund. (e) Of the monies received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of this Code, 37% shall be deposited into the State Construction Fund. (f) Of the total money collected for a CDL instruction permit or original or renewal issuance of a commercial driver's license (CDL) pursuant to the Uniform Commercial Driver's License Act (UCDLA), $6 of the total fee for an original or renewal CDL, and $6 of the total CDL instruction permit fee when such permit is issued to any person holding a valid Illinois driver's license, shall be paid into the CDLIS/AAMVAnet Trust Fund (Commercial Driver's License Information System/American Association of Motor Vehicle Administrators network Trust Fund) and shall be used for the purposes provided in Section 6z-23 of the State Finance Act. (g) All remaining moneys received by the Secretary of State as registration fees or taxes or as payment of any other fee, as provided in this Act, except fees received by the Secretary under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 of this Code, shall be deposited in the Road Fund in the State Treasury. Moneys in the Road Fund shall be used for the purposes provided in Section 8.3 of the State Finance Act. (h) (Blank). (i) (Blank). (j) (Blank). (k) There is created in the State Treasury a special fund to be known as the Secretary of State Special License Plate Fund. Money deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State (i) to help defray plate manufacturing and plate processing costs for the issuance and, when applicable, renewal of any new or existing special registration plates authorized under this Code and (ii) for grants made by the Secretary of State to benefit Illinois Veterans Home libraries. On or before October 1, 1995, the Secretary of State shall direct the State Comptroller and State Treasurer to transfer any unexpended balance in the Special Environmental License Plate Fund, the Special Korean War Veteran License Plate Fund, and the Retired Congressional License Plate Fund to the Secretary of State Special License Plate Fund. (l) The Motor Vehicle Review Board Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund under paragraph (7) of subsection (b) of Section 5-101 and Section 5-109 shall, subject to appropriation, be used by the Office of the Secretary of State to administer the Motor Vehicle Review Board, including without limitation payment of compensation and all necessary expenses incurred in administering the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. (m) Effective July 1, 1996, there is created in the State Treasury a special fund to be known as the Family Responsibility Fund. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the Secretary of State for the purpose of enforcing the Family Financial Responsibility Law. (n) The Illinois Fire Fighters' Memorial Fund is created as a special fund in the State Treasury. Moneys deposited into the Fund shall, subject to appropriation, be used by the Office of the State Fire Marshal for construction of the Illinois Fire Fighters' Memorial to be located at the State Capitol grounds in Springfield, Illinois. Upon the completion of the Memorial, the Office of the State Fire
HOUSE OF REPRESENTATIVES 5577 Marshal shall certify to the State Treasurer that construction of the Memorial has been completed. (o) Of the money collected for each certificate of title for all-terrain vehicles and off-highway motorcycles, $17 shall be deposited into the Off-Highway Vehicle Trails Fund. (Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95; 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff. 8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff. 1-1-98; 90-622, eff. 1-1-99.) (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) Sec. 2-123. Sale and Distribution of Information. (a) Except as otherwise provided in this Section, the Secretary may make the driver's license, vehicle and title registration lists, in part or in whole, and any statistical information derived from these lists available to local governments, elected state officials, state educational institutions, public libraries and all other governmental units of the State and Federal Government requesting them for governmental purposes. The Secretary shall require any such applicant for services to pay for the costs of furnishing such services and the use of the equipment involved, and in addition is empowered to establish prices and charges for the services so furnished and for the use of the electronic equipment utilized. (b) The Secretary is further empowered to and he may, in his discretion, furnish to any applicant, other than listed in subsection (a) of this Section, vehicle or driver data on a computer tape, disk, or printout at a fixed fee of $250 $200 in advance and require in addition a further sufficient deposit based upon the Secretary of State's estimate of the total cost of the information requested and a charge of $25 $20 per 1,000 units or part thereof identified or the actual cost, whichever is greater. The Secretary is authorized to refund any difference between the additional deposit and the actual cost of the request. This service shall not be in lieu of an abstract of a driver's record nor of a title or registration search. The information sold pursuant to this subsection shall be the entire vehicle or driver data list, or part thereof. (c) Secretary of State may issue registration lists. The Secretary of State shall compile and publish, at least annually, a list of all registered vehicles. Each list of registered vehicles shall be arranged serially according to the registration numbers assigned to registered vehicles and shall contain in addition the names and addresses of registered owners and a brief description of each vehicle including the serial or other identifying number thereof. Such compilation may be in such form as in the discretion of the Secretary of State may seem best for the purposes intended. (d) The Secretary of State shall furnish no more than 2 current available lists of such registrations to the sheriffs of all counties and to the chiefs of police of all cities and villages and towns of 2,000 population and over in this State at no cost. Additional copies may be purchased at the fee of $500 $400 each or at the cost of producing the list as determined by the Secretary of State. (e) The Secretary of State shall upon written request and the payment of the fee of $500 $400 furnish the current available list of such motor vehicle registrations to any person so long as the supply of available registration lists shall last. (e-1) Commercial purchasers of driver and vehicle record databases shall enter into a written agreement with the Secretary of State that includes disclosure of the commercial use of the intended purchase. Affected drivers, vehicle owners, or registrants may request that their personally identifiable information not be used for commercial solicitation purposes. (f) Title or registration search and certification thereof -
5578 JOURNAL OF THE [May 21, 1999] Fee. The Secretary of State shall make a title or registration search of the records of his office and a written report on the same for any person, upon written application of such person, accompanied by a fee of $5 $4 for each registration or title search. No fee shall be charged for a title or registration search, or for the certification thereof requested by a government agency. The Secretary of State shall certify a title or registration record upon written request. The fee for certification shall be $5 $4 in addition to the fee required for a title or registration search. Certification shall be made under the signature of the Secretary of State and shall be authenticated by Seal of the Secretary of State. The Secretary of State may notify the vehicle owner or registrant of the request for purchase of his title or registration information as the Secretary deems appropriate. The vehicle owner or registrant residence address and other personally identifiable information on the record shall not be disclosed. This nondisclosure shall not apply to requests made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant, or other entities as the Secretary may exempt by rule and regulation. This information may be withheld from the entities listed above, except law enforcement and government agencies upon presentation of a valid court order of protection for the duration of the order. No information shall be released to the requestor until expiration of a 10 day period. This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, and Private Security Act of 1983, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the vehicle owner or registrant or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requestor of title or vehicle information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 22 or 25 of the Private Detective, Private Alarm, and Private Security Act of 1983. (g) 1. The Secretary of State may, upon receipt of a written request and a fee of $6 $5, furnish to the person or agency so requesting a driver's record. Such document may include a record of: current driver's license issuance information, except that the information on judicial driving permits shall be available only as otherwise provided by this Code; convictions; orders entered revoking, suspending or cancelling a driver's license or privilege; and notations of accident involvement. All other information, unless otherwise permitted by this Code, shall remain confidential. 2. The Secretary of State may certify an abstract of a driver's record upon written request therefor. Such certification shall be made under the signature of the Secretary of State and shall be authenticated by the Seal of his office. 3. All requests for driving record information shall be made in a manner prescribed by the Secretary. The Secretary of State may notify the affected driver of the
HOUSE OF REPRESENTATIVES 5579 request for purchase of his driver's record as the Secretary deems appropriate. The affected driver residence address and other personally identifiable information on the record shall not be disclosed. This nondisclosure shall not apply to requests made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver, or other entities as the Secretary may exempt by rule and regulation. This information may be withheld from the entities listed above, except law enforcement and government agencies, upon presentation of a valid court order of protection for the duration of the order. No information shall be released to the requester until expiration of a 10 day period. This 10 day period shall not apply to requests for information made by law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, persons licensed as a private detective or firms licensed as a private detective agency under the Private Detective, Private Alarm, and Private Security Act of 1983, who are employed by or are acting on behalf of law enforcement officials, government agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, and other business entities for purposes consistent with the Illinois Vehicle Code, the affected driver or other entities as the Secretary may exempt by rule and regulation. Any misrepresentation made by a requestor of driver information shall be punishable as a petty offense, except in the case of persons licensed as a private detective or firms licensed as a private detective agency which shall be subject to disciplinary sanctions under Section 22 or 25 of the Private Detective, Private Alarm, and Private Security Act of 1983. 4. The Secretary of State may furnish without fee, upon the written request of a law enforcement agency, any information from a driver's record on file with the Secretary of State when such information is required in the enforcement of this Code or any other law relating to the operation of motor vehicles, including records of dispositions; documented information involving the use of a motor vehicle; whether such individual has, or previously had, a driver's license; and the address and personal description as reflected on said driver's record. 5. Except as otherwise provided in this Section, the Secretary of State may furnish, without fee, information from an individual driver's record on file, if a written request therefor is submitted by any public transit system or authority, public defender, law enforcement agency, a state or federal agency, or an Illinois local intergovernmental association, if the request is for the purpose of a background check of applicants for employment with the requesting agency, or for the purpose of an official investigation conducted by the agency, or to determine a current address for the driver so public funds can be recovered or paid to the driver, or for any other lawful purpose. The Secretary may also furnish the courts a copy of an abstract of a driver's record, without fee, subsequent to an arrest for a violation of Section 11-501 or a similar provision of a local ordinance. Such abstract may include records of dispositions; documented information involving the use of a motor vehicle as contained in the current file; whether such individual has, or previously had, a driver's license; and the address and
5580 JOURNAL OF THE [May 21, 1999] personal description as reflected on said driver's record. 6. Any certified abstract issued by the Secretary of State or transmitted electronically by the Secretary of State pursuant to this Section, to a court or on request of a law enforcement agency, for the record of a named person as to the status of the person's driver's license shall be prima facie evidence of the facts therein stated and if the name appearing in such abstract is the same as that of a person named in an information or warrant, such abstract shall be prima facie evidence that the person named in such information or warrant is the same person as the person named in such abstract and shall be admissible for any prosecution under this Code and be admitted as proof of any prior conviction or proof of records, notices, or orders recorded on individual driving records maintained by the Secretary of State. 7. Subject to any restrictions contained in the Juvenile Court Act of 1987, and upon receipt of a proper request and a fee of $6 $5, the Secretary of State shall provide a driver's record to the affected driver, or the affected driver's attorney, upon verification. Such record shall contain all the information referred to in paragraph 1 of this subsection (g) plus: any recorded accident involvement as a driver; information recorded pursuant to subsection (e) of Section 6-117 and paragraph 4 of subsection (a) of Section 6-204 of this Code. All other information, unless otherwise permitted by this Code, shall remain confidential. (h) The Secretary shall not disclose social security numbers except pursuant to a written request by, or with the prior written consent of, the individual except to: (1) to officers and employees of the Secretary who have a need to know the social security numbers in performance of their official duties, (2) to law enforcement officials for a lawful, civil or criminal law enforcement investigation, and if the head of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security numbers are being sought, (3) to the United States Department of Transportation, or any other State, pursuant to the administration and enforcement of the Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to the order of a court of competent jurisdiction, or (5) to the Department of Public Aid for utilization in the child support enforcement duties assigned to that Department under provisions of the Public Aid Code after the individual has received advanced meaningful notification of what redisclosure is sought by the Secretary in accordance with the federal Privacy Act; provided, the redisclosure shall not be authorized by the Secretary prior to September 30, 1992. (i) The Secretary of State is empowered to promulgate rules and regulations to effectuate this Section. (j) Medical statements or medical reports received in the Secretary of State's Office shall be confidential. No confidential information may be open to public inspection or the contents disclosed to anyone, except officers and employees of the Secretary who have a need to know the information contained in the medical reports and the Driver License Medical Advisory Board, unless so directed by an order of a court of competent jurisdiction. (k) All fees collected under this Section shall be paid into the Road Fund of the State Treasury, except that $3 of the $6 $5 fee for a driver's record shall be paid into the Secretary of State Special Services Fund. (l) The Secretary of State shall report his recommendations to the General Assembly by January 1, 1993, regarding the sale and dissemination of the information maintained by the Secretary, including the sale of lists of driver and vehicle records.
HOUSE OF REPRESENTATIVES 5581 (m) Notations of accident involvement that may be disclosed under this Section shall not include notations relating to damage to a vehicle or other property being transported by a tow truck. This information shall remain confidential, provided that nothing in this subsection (m) shall limit disclosure of any notification of accident involvement to any law enforcement agency or official. (n) Requests made by the news media for driver's license, vehicle, or title registration information may be furnished without charge or at a reduced charge, as determined by the Secretary, when the specific purpose for requesting the documents is deemed to be in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of gaining a personal or commercial benefit. (Source: P.A. 89-503, eff. 7-1-96; 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; revised 1-30-99.) (625 ILCS 5/3-305) (from Ch. 95 1/2, par. 3-305) Sec. 3-305. Inspection fee. The fee for the inspection of a rebuilt vehicle shall be $94 $75. All such fees received by the Secretary of State shall be deposited into the Road Fund. (Source: P.A. 84-1302; 84-1304.) (625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403) Sec. 3-403. Trip and Short-term permits. (a) The Secretary of State may issue a short-term permit to operate a nonregistered first or second division vehicle within the State of Illinois for a period of not more than 5 days. Any second division vehicle operating on such permit may operate only on empty weight. The fee for the short-term permit shall be $6 $5.00. This permit may also be issued to operate an unladen registered vehicle which is suspended under the Vehicle Emissions Inspection Law and allow it to be driven on the roads and highways of the State in order to be repaired or when travelling to and from an emissions inspection station. (b) The Secretary of State may, subject to reciprocal agreements, arrangements or declarations made or entered into pursuant to Section 3-402, 3-402.4 or by rule, provide for and issue registration permits for the use of Illinois highways by vehicles of the second division on an occasional basis or for a specific and special short-term use, in compliance with rules and regulations promulgated by the Secretary of State, and upon payment of the prescribed fee as follows: One-trip permits. A registration permit for one trip, or one round-trip into and out of Illinois, for a period not to exceed 72 consecutive hours or 3 calendar days may be provided, for a fee as prescribed in Section 3-811. One-Month permits. A registration permit for 30 days may be provided for a fee of $13 $10 for registration plus 1/10 of the flat weight tax. The minimum fee for such permit shall be $31 $25. In-transit permits. A registration permit for one trip may be provided for vehicles in transit by the driveaway or towaway method and operated by a transporter in compliance with the Illinois Motor Carrier of Property Law, for a fee as prescribed in Section 3-811. Illinois Temporary Apportionment Authorization Permits. An apportionment authorization permit for forty-five days for the immediate operation of a vehicle upon application for and prior to receiving apportioned credentials or interstate credentials from the State of Illinois. The fee for such permit shall be $3 $2. Illinois Temporary Prorate Authorization Permit. A prorate authorization permit for forty-five days for the immediate operation of a vehicle upon application for and prior to receiving prorate
5582 JOURNAL OF THE [May 21, 1999] credentials or interstate credentials from the State of Illinois. The fee for such permit shall be $3 $2. (c) The Secretary of State shall promulgate by such rule or regulation, schedules of fees and taxes for such permits and in computing the amount or amounts due, may round off such amount to the nearest full dollar amount. (d) The Secretary of State shall further prescribe the form of application and permit and may require such information and data as necessary and proper, including confirming the status or identity of the applicant and the vehicle in question. (e) Rules or regulations promulgated by the Secretary of State under this Section shall provide for reasonable and proper limitations and restrictions governing the application for and issuance and use of permits, and shall provide for the number of permits per vehicle or per applicant, so as to preclude evasion of annual registration requirements as may be required by this Act. (f) Any permit under this Section is subject to suspension or revocation under this Act, and in addition, any such permit is subject to suspension or revocation should the Secretary of State determine that the vehicle identified in any permit should be properly registered in Illinois. In the event any such permit is suspended or revoked, the permit is then null and void, may not be re-instated, nor is a refund therefor available. The vehicle identified in such permit may not thereafter be operated in Illinois without being properly registered as provided in this Chapter. (Source: P.A. 87-206; 88-415.) (625 ILCS 5/3-607) (from Ch. 95 1/2, par. 3-607) Sec. 3-607. Amateur Radio Operators. Amateur radio operators may obtain the issuance of registration plates for motor vehicles of the first division, and second division motor vehicles under 8,000 pounds, corresponding to their call letters, provided they make application therefor, which is subject to the staggered registration system, prior to October 1st of the final year of the current registration plate term and pay an additional fee of $4 $3.00. (Source: P.A. 84-1308.) (625 ILCS 5/3-619) (from Ch. 95 1/2, par. 3-619) Sec. 3-619. Sample Registration plates and stickers. The Secretary of State, upon receipt of an application made on the form prescribed by the Secretary, may issue to any law enforcement agency in this State, or to any authorized agency of any foreign jurisdiction, or to any motion picture or television industry, one or more Sample Registration Plates and stickers. The design of such plates and stickers shall be wholly within the discretion of the Secretary, and shall be issued without charge. The Secretary of State, upon receipt of an application made on the form prescribed by the Secretary, may issue to any other individual one or more Sample Registration Plates and stickers for a fee of $4 $3.00 for each Sample Registration Plate and sticker. (Source: P.A. 85-951.) (625 ILCS 5/3-804) (from Ch. 95 1/2, par. 3-804) Sec. 3-804. Antique vehicles. (a) The owner of an antique vehicle may register such vehicle for a fee not to exceed $13 $10 for a 2-year antique plate. The application for registration must be accompanied by an affirmation of the owner that such vehicle will be driven on the highway only for the purpose of going to and returning from an antique auto show or an exhibition, or for servicing or demonstration and also affirming that the mechanical condition, physical condition, brakes, lights, glass and appearance of such vehicle is the same or as safe as originally equipped. The Secretary may, in his discretion prescribe that antique vehicle plates be issued for a definite or an indefinite term, such
HOUSE OF REPRESENTATIVES 5583 term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. In no event may the registration fee for antique vehicles exceed $6 $5 per registration year. Any person requesting antique plates under this Section may also apply to have vanity or personalized plates as provided under Section 3-405.1. (b) Any person who is the registered owner of an antique vehicle may display a historical license plate from or representing the model year of the vehicle, furnished by such person, in lieu of the current and valid Illinois antique vehicle plates issued thereto, provided that valid and current Illinois antique vehicle plates and registration card issued to such antique vehicle are simultaneously carried within such vehicle and are available for inspection. (Source: P.A. 86-480.) (625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02) Sec. 3-804.02. Commuter Vans. The owner of a commuter van may register such van for an annual fee not to exceed $63 $50. The Secretary may prescribe that commuter van plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally. In no event may the registration fee for commuter vans exceed $63 $50 per registration year. (Source: P.A. 90-89, eff. 1-1-98.) (625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805) Sec. 3-805. Electric vehicles. The owner of a motor vehicle of the first division propelled by an electric engine and not utilizing motor fuel, may register such vehicle for a fee not to exceed $35 $28.00 for a 2-year registration period. The Secretary may, in his discretion, prescribe that electric vehicle registration plates be issued for an indefinite term, such term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1. In no event may the registration fee for electric vehicles exceed $18 $14 per registration year. (Source: P.A. 89-245, eff. 1-1-96.) (625 ILCS 5/3-806) (from Ch. 95 1/2, par. 3-806) Sec. 3-806. Registration Fees; Motor Vehicles of the First Division. Every owner of any other motor vehicle of the first division, except as provided in Sections 3-804, 3-805, 3-806.3, and 3-808, and every second division vehicle weighing 8,000 pounds or less, shall pay the Secretary of State an annual registration fee at the following rates: SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 1985 registration year Reduced Fee Annual On and After Fee June 15 35 Horse Power and less $36 $18 Over 35 Horse Power 48 24 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven Cycles and Pedalcycles 30 15 SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 1986 registration year Reduced Fee Annual On and After Fee June 15 Motor vehicles of the first division other than
5584 JOURNAL OF THE [May 21, 1999] Motorcycles, Motor Driven Cycles and Pedalcycles $48 $24 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven Cycles and Pedalcycles 30 15 SCHEDULE OF REGISTRATION FEES REQUIRED BY LAW Beginning with the 2001 registration year Reduced Fee Annual On and After Fee June 15 Motor vehicles of the first division other than Motorcycles, Motor Driven Cycles and Pedalcycles $78 $39 Reduced Fee September 16 to March 31 Motorcycles, Motor Driven Cycles and Pedalcycles 38 19 (Source: P.A. 89-245, eff. 1-1-96.) (625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1) Sec. 3-806.1. Additional fees for vanity license plates. In addition to the regular registration fee, an applicant shall be charged $94 $75 for each set of vanity license plates issued to a motor vehicle of the first division or a motor vehicle of the second division registered at not more than 8,000 pounds or to a recreational vehicle and $50 $40 for each set of vanity plates issued to a motorcycle. In addition to the regular renewal fee, an applicant shall be charged $13 $10 for the renewal of each set of vanity license plates. (Source: P.A. 86-480.) (625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3) Sec. 3-806.3. Senior Citizens. Commencing with the 1986 registration year and extending through the 2000 registration year, the registration fee paid by any vehicle owner who has claimed and received a grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or who is the spouse of such a person shall be reduced by 50% for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-616, motor vehicles registered at 8,000 pounds or less under Section 3-815(a) and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to the reduced registration rate for the registration year in which the claimant was eligible. Commencing with the 2001 registration year, the registration fee paid by any vehicle owner who has claimed and received a grant under the "Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act" or who is the spouse of such a person shall be $24 instead of the fee otherwise provided in this Code for passenger cars displaying standard multi-year registration plates issued under Section 3-414.1, motor vehicles displaying special registration plates issued under Section 3-616, motor vehicles registered at 8,000 pounds or less under Section 3-815(a) and recreational vehicles registered at 8,000 pounds or less under Section 3-815(b). Widows and widowers of claimants shall also be entitled to this reduced registration fee for the registration year
HOUSE OF REPRESENTATIVES 5585 in which the claimant was eligible. No more than one reduced registration fee under this Section shall be allowed during any 12 month period based on the primary eligibility of any individual, whether such reduced registration fee is allowed to the individual or to the spouse, widow or widower of such individual. This Section does The reduction shall not apply to the fee paid in addition to the registration fee for motor vehicles displaying personalized license plates under Section 3-806.1. (Source: P.A. 86-444.) (625 ILCS 5/3-807) (from Ch. 95 1/2, par. 3-807) Sec. 3-807. Busses operating within Municipality; Registration Fee. The registration fee of $13 $10 per 2-year registration period shall be paid by the owners of 2 axle motor vehicles which are designed and used as busses in a public system for transporting more than 10 passengers, which vehicles are used as common carriers in the general transportation of passengers and not devoted to any specialized purpose, and which operate entirely within the territorial limits of a single municipality, or a single municipality and municipalities contiguous thereto, or in a close radius thereof, and whose operations are subject to the regulations of the Illinois Commerce Commission. Owners of such vehicles are exempt from paying either a flat weight tax or mileage weight tax. There shall be no reduction in such registration fee even though such registration is made after the beginning of the registration period. (Source: P.A. 83-12.) (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808) Sec. 3-808. Governmental and charitable vehicles; Registration fees. (a) A registration fee of $10 $8 per 2 year registration period shall be paid by the owner in the following cases: 1. Vehicles operated exclusively as a school bus for school purposes by any school district or any religious or denominational institution, except that such a school bus may be used by such a religious or denominational institution for the transportation of persons to or from any of its official activities. 2. Vehicles operated exclusively in a high school driver training program by any school district or school operated by a religious institution. 3. Rescue squad vehicles which are owned and operated by a corporation or association organized and operated not for profit for the purpose of conducting such rescue operations. 4. Vehicles, used exclusively as school buses for any school district, which are neither owned nor operated by such district. 5. Charitable vehicles. (b) Annual vehicle registration plates shall be issued, at no charge, to the following: 1. Medical transport vehicles owned and operated by the State of Illinois or by any State agency financed by funds appropriated by the General Assembly. 2. Medical transport vehicles operated by or for any county, township or municipal corporation. (c) Ceremonial plates. Upon payment of a registration fee of $78 $48 per 2-year registration period, the Secretary of State shall issue registration plates to vehicles operated exclusively for ceremonial purposes by any not-for-profit veterans', fraternal, or civic organization. The Secretary of State may prescribe that ceremonial vehicle registration plates be issued for an indefinite term, that term to correspond to the term of registration plates issued generally, as provided in Section 3-414.1.
5586 JOURNAL OF THE [May 21, 1999] (d) In any event, any vehicle registered under this Section used or operated for purposes other than those herein prescribed shall be subject to revocation, and in that event, the owner may be required to properly register such vehicle under the provisions of this Code. (e) As a prerequisite to registration under this Section, the Secretary of State may require the vehicle owners listed in subsection (a) of this Section who are exempt from federal income taxation under subsection (c) of Section 501 of the Internal Revenue Code of 1986, as now or hereafter amended, to submit to him a determination letter, ruling or other written evidence of tax exempt status issued by the Internal Revenue Service. The Secretary may accept a certified copy of the document issued by the Internal Revenue Service as evidence of the exemption. The Secretary may require documentation of eligibility under this Section to accompany an application for registration. (f) Special event plates. The Secretary of State may issue registration plates in recognition or commemoration of special events which promote the interests of Illinois citizens. These plates shall be valid for no more than 60 days prior to the date of expiration. The Secretary shall require the applicant for such plates to pay for the costs of furnishing the plates. Beginning July 1, 1991, all special event plates shall be recorded in the Secretary of State's files for immediate identification. The Secretary of State, upon issuing a new series of special event plates, shall notify all law enforcement officials of the design and other special features of the special plate series. All special event plates shall indicate, in the lower right corner, the date of expiration in characters no less than 1/2 inch high. (Source: P.A. 89-245, eff. 1-1-96; 89-564, eff. 7-26-96; 89-626, eff. 8-9-96; 90-89, eff. 1-1-98.) (625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809) Sec. 3-809. Farm machinery, exempt vehicles and fertilizer spreaders - registration fee. (a) Vehicles of the second division having a corn sheller, a well driller, hay press, clover huller, feed mixer and unloader, or other farm machinery permanently mounted thereon and used solely for transporting the same, farm wagon type trailers having a fertilizer spreader attachment permanently mounted thereon, having a gross weight of not to exceed 36,000 pounds and used only for the transportation of bulk fertilizer, and farm wagon type tank trailers of not to exceed 2,000 gallons capacity, used during the liquid fertilizer season as field-storage "nurse tanks" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farm or field or from one farm or field to another, or used during the lime season and moved on the highways only for bringing from a local source of supply to farm or field or from one farm or field to another, shall be registered upon the filing of a proper application and the payment of a registration fee of $13 $10 per 2-year registration period. This registration fee of $13 $10 shall be paid in full and shall not be reduced even though such registration is made after the beginning of the registration period. (b) Vehicles exempt from registration under the provisions of Section 3-402.A of this Act, as amended, except those vehicles required to be registered under paragraph (c) of this Section, may, at the option of the owner, be identified as exempt vehicles by displaying registration plates issued by the Secretary of State. The owner thereof may apply for such registration plates upon the filing of a proper application and the payment of a registration fee of $13
HOUSE OF REPRESENTATIVES 5587 $10, and this registration shall be valid for a 2 year registration period. This $13 $10 fee shall be paid in full and shall not be reduced even though the application is made after the beginning of the registration period. The application for and display of such registration plates for identification purposes by vehicles exempt from registration shall not be deemed as a waiver or recision of its exempt status, nor make such vehicle subject to registration. (c) Any single unit self-propelled agricultural fertilizer implement, designed for both on and off road use, equipped with flotation tires and otherwise specially adapted for the application of plant food materials or agricultural chemicals, desiring to be operated upon the highways ladened with load shall be registered upon the filing of a proper application and payment of a registration fee of $250 $200. The registration fee shall be paid in full and shall not be reduced even though such registration is made during the second half of the registration year. These vehicles shall, whether loaded or unloaded, be limited to a maximum gross weight of 36,000 pounds, restricted to a highway speed of not more than 30 miles per hour and a legal width of not more than 12 feet. Such vehicles shall be limited to the furthering of agricultural or horticultural pursuits and in furtherance of these pursuits, such vehicles may be operated upon the highway, within a 50 mile radius of their point of loading as indicated on the written or printed statement required by the "Illinois Fertilizer Act of 1961", as amended, for the purpose of moving plant food materials or agricultural chemicals to the field, or from field to field, for the sole purpose of application. No single unit self-propelled agricultural fertilizer implement, designed for both on and off road use, equipped with flotation tires and otherwise specially adapted for the application of plant food materials or agricultural chemicals, having a width of more than 12 feet or a gross weight in excess of 36,000 pounds, shall be permitted to operate upon the highways ladened with load. Whenever any vehicle is operated in violation of Section 3-809 (c) of this Act, the owner or the driver of such vehicle shall be deemed guilty of a petty offense and either may be prosecuted for such violation. (Source: P.A. 86-1236.) (625 ILCS 5/3-809.1) (from Ch. 95 1/2, par. 3-809.1) Sec. 3-809.1. Vehicles of second division used for transporting soil and conservation machinery and equipment-Registration fee. Not for hire vehicles of the second division used, only in the territory within a 75 mile radius of the owner's headquarters, solely for transporting the owner's machinery, equipment, plastic tubing, tile and steel reinforcement materials used exclusively for soil and water conservation work on farms, other work on farms and in drainage districts organized for agricultural purposes, shall be registered upon the filing of a proper application and the payment of a registration fee of $488 $390 per annum. The registration fee of $488 $390 shall be paid in full and shall not be reduced even though such registration is made during the second half of the registration year. (Source: P.A. 85-1396.) (625 ILCS 5/3-810) (from Ch. 95 1/2, par. 3-810) Sec. 3-810. Dealers, Manufacturers, Engine and Driveline Component Manufacturers, Transporters and Repossessors - Registration Plates. (a) Dealers, manufacturers and transporters registered under this Act may obtain registration plates for use as provided in this Act, at the following rates: Initial set of dealer's, manufacturer's or transporter's "in-transit" plates: $45 $36
5588 JOURNAL OF THE [May 21, 1999] Duplicate Plates: $13 $10 Manufacturers of engine and driveline components registered under this Act may obtain registration plates at the following rates: Initial set of "test vehicle" plates: $94 $75 Duplicate plates: $25 $20 Repossessors and other persons qualified and registered under Section 3-601 of this Act may obtain registration plates at the rate of $45 $36 per set. (Source: P.A. 83-12.) (625 ILCS 5/3-811) (from Ch. 95 1/2, par. 3-811) Sec. 3-811. Driveaway decals and permits - Fees. (a) Dealers may obtain driveaway decal permits for use as provided in this Code, for a fee of $6 $5 per permit. (b) Transporters may obtain one-trip permits for vehicles in transit for use as provided in this Code, for a fee of $6 $5 per permit. (c) Non-residents may likewise obtain a driveaway decal permit from the Secretary of State to export a motor vehicle purchased in Illinois, for a fee of $6 $5 per permit. (d) One-trip permits may be obtained for an occasional single trip by a vehicle as provided in this Code, upon payment of a fee of $19 $15. (e) One month permits may likewise be obtained for the fees and taxes prescribed in this Code and as promulgated by the Secretary of State. (Source: P.A. 88-415.) (625 ILCS 5/3-812) (from Ch. 95 1/2, par. 3-812) Sec. 3-812. Vehicles with Permanently Mounted Equipment - Registration Fees. Vehicles having permanently mounted equipment thereon used exclusively by the owner for the transporting of such permanently mounted equipment and tools and equipment to be used incidentally in the work to be performed with the permanently mounted equipment and provided such vehicle is not used for hire shall be registered upon the filing of a proper application and the payment of a registration fee based upon a rate of: $45 $36 per year (or fraction of a year) for each 10,000 pounds (or portion thereof) of the gross weight of such motor vehicle and equipment, according to the following table of fees: SCHEDULE OF FEES REQUIRED BY LAW Gross Weight in Lbs. Including Vehicle and Total Equipment Annual Fees 10,000 lbs. and less $45 $36 10,001 lbs. to 20,000 lbs. 90 72 20,001 lbs. to 30,000 lbs. 135 108 30,001 lbs. to 40,000 lbs. 180 144 40,001 lbs. to 50,000 lbs. 225 180 50,001 lbs. to 60,000 lbs. 270 216 60,001 lbs. to 70,000 lbs. 315 252 70,001 lbs. to 73,280 lbs. 340 272 73,281 lbs. to 80,000 lbs. 385 308 (Source: P.A. 84-213.) (625 ILCS 5/3-814) (from Ch. 95 1/2, par. 3-814) Sec. 3-814. Semitrailer registration fees. Effective with the 1984 registration year to the end of the 1998 registration year, an owner of a semitrailer shall pay to the Secretary of State, for the use of the public highways of this State, a flat weight tax of $60, which includes the registration fee, for a 5 year semitrailer plate. Effective with the 1999 registration year an owner of a semitrailer shall pay to the Secretary of State, for the use of the public highways of this State, a one time flat tax of $15, which
HOUSE OF REPRESENTATIVES 5589 includes the registration fee, for a permanent non-transferrable semitrailer plate. Effective with the 2001 registration year, an owner of a semitrailer shall pay to the Secretary of State, for the use of public highways of this State, a one-time flat tax of $19, which includes the registration fee, for a permanent non-transferrable semitrailer plate. (Source: P.A. 89-710, eff. 2-14-97.) (625 ILCS 5/3-814.1) (from Ch. 95 1/2, par. 3-814.1) Sec. 3-814.1. Apportionable trailer and semitrailer fees. Beginning April 1, 1994 through March 31, 1998, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay an annual registration fee of $12 to the Secretary of State. Beginning April 1, 1998 through March 31, 2000, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay a one time registration fee of $15 to the Secretary of State for a permanent non-transferrable plate. Beginning April 1, 2000, an owner of an apportionable trailer or apportionable semitrailer registered under Section 3-402.1 shall pay a one-time registration fee of $19 to the Secretary of State for a permanent non-transferrable plate. (Source: P.A. 89-710, eff. 2-14-97.) (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815) Sec. 3-815. Flat weight tax; vehicles of the second division. (a) In addition to the registration fee specified in Section 3-813, and Except as provided in Section 3-806.3, every owner of a vehicle of the second division registered under Section 3-813, and not registered under the mileage weight tax under Section 3-818, shall pay to the Secretary of State, for each registration year, for the use of the public highways, a flat weight tax at the rates set forth in the following table, the rates including the $10 registration fee: SCHEDULE OF FLAT WEIGHT TAX REQUIRED BY LAW Gross Weight in Lbs. Total Fees Including Vehicle each Fiscal and Maximum year Load Class 8,000 lbs. and less B $78 $ 48 8,001 lbs. to 12,000 lbs. D 138 108 12,001 lbs. to 16,000 lbs. F 242 192 16,001 lbs. to 26,000 lbs. H 490 390 26,001 lbs. to 28,000 lbs. J 630 504 28,001 lbs. to 32,000 lbs. K 842 672 32,001 lbs. to 36,000 lbs. L 982 784 36,001 lbs. to 40,000 lbs. N 1,202 960 40,001 lbs. to 45,000 lbs. P 1,390 1110 45,001 lbs. to 50,000 lbs. Q 1,538 1228 50,001 lbs. to 54,999 lbs. R 1,698 1356 55,000 lbs. to 59,500 lbs. S 1,830 1464 59,501 lbs. to 64,000 lbs. T 1,970 1574 64,001 lbs. to 73,280 lbs. V 2,294 1834 73,281 lbs. to 77,000 lbs. X 2,622 2096 77,001 lbs. to 80,000 lbs. Z 2,790 2232 (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of the second division registered under Section 3-813 transporting asphalt or concrete in the plastic state or a vehicle or combination of vehicles that are subject to the gross weight limitations in subsection (b) of Section 15-111 for which the owner of the vehicle or combination of vehicles has elected to pay, in
5590 JOURNAL OF THE [May 21, 1999] addition to the registration fee in subsection (a), $125 $100 to the Secretary of State for each registration year. The Secretary shall designate this class of vehicle as a Special Hauling Vehicle. (b) Except as provided in Section 3-806.3, every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes, and not used commercially, nor for hire, nor owned by a commercial business, may be registered for each registration year upon the filing of a proper application and the payment of a registration fee and highway use tax, according to the following table of fees: MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year 8,000 lbs and less $78 $48 8,001 Lbs. to 10,000 Lbs 90 60 10,001 Lbs. and Over 102 72 CAMPING TRAILER OR TRAVEL TRAILER Gross Weight in Lbs. Total Fees Including Vehicle and Each Maximum Load Calendar Year 3,000 Lbs. and Less $18 $12 3,001 Lbs. to 8,000 Lbs. 30 22 8,001 Lbs. to 10,000 Lbs. 38 30 10,001 Lbs. and Over 50 40 Every house trailer must be registered under Section 3-819. (c) Farm Truck. Any truck used exclusively for the owner's own agricultural, horticultural or livestock raising operations and not-for-hire only, or any truck used only in the transportation for-hire of seasonal, fresh, perishable fruit or vegetables from farm to the point of first processing, may be registered by the owner under this paragraph in lieu of registration under paragraph (a), upon filing of a proper application and the payment of the $10 registration fee and the highway use tax herein specified as follows: SCHEDULE OF FEES AND TAXES Gross Weight in Lbs. Total Amount for Including Truck and each Maximum Load Class Fiscal Year 16,000 lbs. or less VF $150 $120 16,001 to 20,000 lbs. VG 226 180 20,001 to 24,000 lbs. VH 290 230 24,001 to 28,000 lbs. VJ 378 302 28,001 to 32,000 lbs. VK 506 404 32,001 to 36,000 lbs. VL 610 486 36,001 to 45,000 lbs. VP 810 648 45,001 to 54,999 lbs. VR 1,026 820 55,000 to 64,000 lbs. VT 1,202 960 64,001 to 73,280 lbs. VV 1,290 1,032 73,281 to 77,000 lbs. VX 1,350 1,080 77,001 to 80,000 lbs. VZ 1,490 1,192 In the event the Secretary of State revokes a farm truck registration as authorized by law, the owner shall pay the flat weight tax due hereunder before operating such truck. Any combination of vehicles having 5 axles, with a distance of 42 feet or less between extreme axles, that are subject to the weight limitations in subsection (a) and (b) of Section 15-111 for which the owner of the combination of vehicles has elected to pay, in addition to the registration fee in subsection (c), $125 $100 to the Secretary of State for each registration year shall be designated by the Secretary as a Special Hauling Vehicle. (d) The number of axles necessary to carry the maximum load
HOUSE OF REPRESENTATIVES 5591 provided shall be determined from Chapter 15 of this Code. (e) An owner may only apply for and receive 5 farm truck registrations, and only 2 of those 5 vehicles shall exceed 59,500 gross weight in pounds per vehicle. (f) Every person convicted of violating this Section by failure to pay the appropriate flat weight tax to the Secretary of State as set forth in the above tables shall be punished as provided for in Section 3-401. (Source: P.A. 88-403; 88-476; 88-617, eff. 9-9-94; 88-670, eff. 12-2-94; 89-710, eff. 2-14-97.) (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818) Sec. 3-818. (a) Mileage weight tax option. Any owner of a vehicle of the second division may elect to pay a mileage weight tax for such vehicle in lieu of the flat weight tax set out in Section 3-815. Such election shall be binding to the end of the registration year. Renewal of this election must be filed with the Secretary of State on or before July 1 of each registration period. In such event the owner shall, at the time of making such election, pay the $10 registration fee and the minimum guaranteed mileage weight tax, as hereinafter provided, which payment shall permit the owner to operate that vehicle the maximum mileage in this State hereinafter set forth. Any vehicle being operated on mileage plates cannot be operated outside of this State. In addition thereto, the owner of that vehicle shall pay a mileage weight tax at the following rates for each mile traveled in this State in excess of the maximum mileage provided under the minimum guaranteed basis: BUS, TRUCK OR TRUCK TRACTOR Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 12,000 lbs. or less MD $73 $58 5,000 26 21 Mills 12,001 to 16,000 lbs. MF 120 96 6,000 34 27 Mills 16,001 to 20,000 lbs. MG 180 144 6,000 46 37 Mills 20,001 to 24,000 lbs. MH 235 188 6,000 63 50 Mills 24,001 to 28,000 lbs. MJ 315 252 7,000 63 50 Mills 28,001 to 32,000 lbs. MK 385 308 7,000 83 66 Mills 32,001 to 36,000 lbs. ML 485 388 7,000 99 79 Mills 36,001 to 40,000 lbs. MN 615 492 7,000 128 102 Mills 40,001 to 45,000 lbs. MP 695 556 7,000 139 111 Mills 45,001 to 54,999 lbs. MR 853 682 7,000 156 125 Mills 55,000 to 59,500 lbs. MS 920 736 7,000 178 142 Mills 59,501 to 64,000 lbs. MT 985 788 7,000 195 156 Mills 64,001 to 73,280 lbs. MV 1,173 938 7,000 225 180 Mills 73,281 to 77,000 lbs. MX 1,328 1,062 7,000 258 206 Mills 77,001 to 80,000 lbs. MZ 1,415 1,132 7,000 275 220 Mills TRAILER Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 14,000 lbs. or less ME $75 $60 5,000 31 25 Mills 14,001 to 20,000 lbs. MF 135 108 6,000 36 29 Mills 20,001 to 36,000 lbs. ML 540 432 7,000 103 82 Mills 36,001 to 40,000 lbs. MM 750 600 7,000 150 120 Mills (a-1) A Special Hauling Vehicle is a vehicle or combination of vehicles of the second division registered under Section 3-813
5592 JOURNAL OF THE [May 21, 1999] transporting asphalt or concrete in the plastic state or a vehicle or combination of vehicles that are subject to the gross weight limitations in subsection (b) of Section 15-111 for which the owner of the vehicle or combination of vehicles has elected to pay, in addition to the registration fee in subsection (a), $125 $100 to the Secretary of State for each registration year. The Secretary shall designate this class of vehicle as a Special Hauling Vehicle. In preparing rate schedules on registration applications, the Secretary of State shall add to the above rates, the $10 registration fee. The Secretary may decline to accept any renewal filed after July 1st. The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code. Every owner of a second division motor vehicle for which he has elected to pay a mileage weight tax shall keep a daily record upon forms prescribed by the Secretary of State, showing the mileage covered by that vehicle in this State. Such record shall contain the license number of the vehicle and the miles traveled by the vehicle in this State for each day of the calendar month. Such owner shall also maintain records of fuel consumed by each such motor vehicle and fuel purchases therefor. On or before the 10th day of January and July the owner shall certify to the Secretary of State upon forms prescribed therefor, summaries of his daily records which shall show the miles traveled by the vehicle in this State during the preceding 6 months and such other information as the Secretary of State may require. The daily record and fuel records shall be filed, preserved and available for audit for a period of 3 years. Any owner filing a return hereunder shall certify that such return is a true, correct and complete return. Any person who willfully makes a false return hereunder is guilty of perjury and shall be punished in the same manner and to the same extent as is provided therefor. At the time of filing his return, each owner shall pay to the Secretary of State the proper amount of tax at the rate herein imposed. Every owner of a vehicle of the second division who elects to pay on a mileage weight tax basis and who operates the vehicle within this State, shall file with the Secretary of State a bond in the amount of $500. The bond shall be in a form approved by the Secretary of State and with a surety company approved by the Illinois Department of Insurance to transact business in this State as surety, and shall be conditioned upon such applicant's paying to the State of Illinois all money becoming due by reason of the operation of the second division vehicle in this State, together with all penalties and interest thereon. (Source: P.A. 88-403; 89-571, eff. 7-26-96; 89-710, eff. 2-14-97.) (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819) Sec. 3-819. Trailer; Flat weight tax. (a) Farm Trailer. Any farm trailer drawn by a motor vehicle of the second division registered under paragraph (a) or (c) of Section 3-815 and used exclusively by the owner for his own agricultural, horticultural or livestock raising operations and not used for hire, or any farm trailer utilized only in the transportation for-hire of seasonal, fresh, perishable fruit or vegetables from farm to the point of first processing, and any trailer used with a farm tractor that is not an implement of husbandry may be registered under this paragraph in lieu of registration under paragraph (b) of this Section upon the filing of a proper application and the payment of the $10 registration fee and the highway use tax herein for use of the public highways of this State, at the following rates which include the $10 registration fee: SCHEDULE OF FEES AND TAXES
HOUSE OF REPRESENTATIVES 5593 Gross Weight in Lbs. Class Total Amount Including Vehicle and Maximum Load each Fiscal Year 10,000 lbs. or less VDD $60 $48 10,001 to 14,000 lbs. VDE 106 84 14,001 to 20,000 lbs. VDG 166 132 20,001 to 28,000 lbs. VDJ 378 302 28,001 to 36,000 lbs. VDL 650 518 An owner may only apply for and receive two farm trailer registrations. (b) All other owners of trailers, other than apportionable trailers registered under Section 3-402.1 of this Code, used with a motor vehicle on the public highways, shall pay to the Secretary of State for each registration year a flat weight tax, for the use of the public highways of this State, at the following rates (which includes the registration fee of $10 required by Section 3-813): SCHEDULE OF TRAILER FLAT WEIGHT TAX REQUIRED BY LAW Gross Weight in Lbs. Total Fees Including Vehicle and each Maximum Load Class Fiscal Year 3,000 lbs. and less TA $18 $ 14 5,000 lbs. and more than 3,000 TB 54 42 8,000 lbs. and more than 5,000 TC 58 44 10,000 lbs. and more than 8,000 TD 106 82 14,000 lbs. and more than 10,000 TE 170 134 20,000 lbs. and and more than 14,000 TG 258 204 32,000 lbs. and more than 20,000 TK 722 576 36,000 lbs. and more than 32,000 TL 1,082 864 40,000 lbs. and more than 36,000 TN 1,502 1200 (c) The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code. (Source: P.A. 86-1340; 87-206.) (625 ILCS 5/3-820) (from Ch. 95 1/2, par. 3-820) Sec. 3-820. Duplicate Number Plates. Upon filing in the Office of the Secretary of State an affidavit to the effect that an original number plate for a vehicle is lost, stolen or destroyed, a duplicate number plate shall be furnished upon payment of a fee of $6 $5 for each duplicate plate and a fee of $9 $7 for a pair of duplicate plates. Upon filing in the Office of the Secretary of State an affidavit to the effect that an original registration sticker for a vehicle is lost, stolen or destroyed, a new registration sticker shall be furnished upon payment of a fee of $5 $4. The Secretary of State may, in his discretion, assign a new number plate or plates in lieu of a duplicate of the plate or plates so lost, stolen or destroyed, but such assignment of a new plate or plates shall not affect the right of the owner to secure a reassignment of his original registration number in the manner provided in this Act. The fee for one new number plate shall be $6 $5, and for a pair of new number plates, $9 $7. For the administration of this Section, the Secretary shall consider the loss of a registration plate or plates with properly affixed registration stickers as requiring the payment of either $11 $9 for each duplicate or $14 $11 for a pair of duplicate plates or $19 $15 for a pair of duplicate plates if stickers are required on both front and rear registration plates. (Source: P.A. 83-12.) (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) Sec. 3-821. Miscellaneous Registration and Title Fees. (a) The fee to be paid to the Secretary of State for the
5594 JOURNAL OF THE [May 21, 1999] following certificates, registrations or evidences of proper registration, or for corrected or duplicate documents shall be in accordance with the following schedule: Certificate of Title, except for an all-terrain vehicle or off-highway motorcycle $65 $13 Certificate of Title for an all-terrain vehicle or off-highway motorcycle $30 Certificate of Title for an all-terrain vehicle or off-highway motorcycle used for production agriculture 13 Transfer of Registration or any evidence of proper registration 15 12 Duplicate Registration Card for plates or other evidence of proper registration 3 2 Duplicate Registration Sticker or Stickers, each 5 4 Duplicate Certificate of Title 65 13 Corrected Registration Card or Card for other evidence of proper registration 3 2 Corrected Certificate of Title 65 13 Salvage Certificate 4 3 Fleet Reciprocity Permit 15 12 Prorate Decal 1 Prorate Backing Plate 3 2 There shall be no fee paid for a Junking Certificate. (b) The Secretary may prescribe the maximum service charge to be imposed upon an applicant for renewal of a registration by any person authorized by law to receive and remit or transmit to the Secretary such renewal application and fees therewith. (c) If a check is delivered to the Office of the Secretary of State as payment of any fee or tax under this Code, and such check is not honored by the bank on which it is drawn for any reason, the registrant or other person tendering the check remains liable for the payment of such fee or tax. The Secretary of State may assess a service charge of $19 $15 in addition to the fee or tax due and owing for all dishonored checks. If the total amount then due and owing exceeds the sum of $50 and has not been paid in full within 60 days from the date such fee or tax became due to the Secretary of State, the Secretary of State shall assess a penalty of 25% of such amount remaining unpaid. All amounts payable under this Section shall be computed to the nearest dollar. (d) The minimum fee and tax to be paid by any applicant for apportionment of a fleet of vehicles under this Code shall be $15 $12 if the application was filed on or before the date specified by the Secretary together with fees and taxes due. If an application and the fees or taxes due are filed after the date specified by the Secretary, the Secretary may prescribe the payment of interest at the rate of 1/2 of 1% per month or fraction thereof after such due date and a minimum of $8 $6. (e) Trucks, truck tractors, truck tractors with loads, and motor buses, any one of which having a combined total weight in excess of 12,000 lbs. shall file an application for a Fleet Reciprocity Permit issued by the Secretary of State. This permit shall be in the possession of any driver operating a vehicle on Illinois highways. Any foreign licensed vehicle of the second division operating at any time in Illinois without a Fleet Reciprocity Permit or other proper Illinois registration, shall subject the operator to the penalties provided in Section 3-834 of this Code. For the purposes of this Code, "Fleet Reciprocity Permit" means any second division motor vehicle with a foreign license and used only in interstate transportation of goods. The fee for such permit shall be $15 $12
HOUSE OF REPRESENTATIVES 5595 per fleet which shall include all vehicles of the fleet being registered. (f) For purposes of this Section, "all-terrain vehicle or off-highway motorcycle used for production agriculture" means any all-terrain vehicle or off-highway motorcycle used in the raising of or the propagation of livestock, crops for sale for human consumption, crops for livestock consumption, and production seed stock grown for the propagation of feed grains and the husbandry of animals or for the purpose of providing a food product, including the husbandry of blood stock as a main source of providing a food product. "All-terrain vehicle or off-highway motorcycle used in production agriculture" also means any all-terrain vehicle or off-highway motorcycle used in animal husbandry, floriculture, aquaculture, horticulture, and viticulture. (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98.) (625 ILCS 5/3-824.5 new) Sec. 3-824.5. Applicability of fee and tax increases. The fee and tax increases in this Code made by this amendatory Act of the 91st General Assembly that apply to registrations apply to registration year 2001 and thereafter. The registration fees and taxes in existence on the day prior to the effective date of this amendatory Act of the 91st General Assembly apply throughout registration year 2000. All other fee and tax increases in this Code made by this amendatory Act of the 91st General Assembly shall apply beginning January 1, 2000 and thereafter. Section 99. Effective date. This Act takes effect July 1, 1999.". Submitted on May 21, 1999. s/Sen. J.P. Phillip s/Rep. M. Madigan s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. John Maitland s/Rep. Gary Hannig s/Sen. Robert S. Molaro s/Rep. Art Tenhouse s/Sen. Emil E. Jones s/Rep. Dan Rutherford Committee for the Senate Committee for the House Representative Madigan submitted the following First Conference Committee Report on SENATE BILL 1066 which was ordered printed and referred to the Committee on Rules: 91ST GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 1066 To the President of the Senate and the Speaker of the House of Representatives: We, the conference committee appointed to consider the differences between the houses in relation to House Amendment No. 1 to Senate Bill 1066, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 1066 be amended by replacing the title with the following: "AN ACT in relation to financing public infrastructure improvements, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Sections 5.490 and 6z-47 and changing Section 6z-45 as follows:
5596 JOURNAL OF THE [May 21, 1999] (30 ILCS 105/5.490 new) Sec. 5.490. The Fund for Illinois' Future. (30 ILCS 105/6z-45) Sec. 6z-45. The School Infrastructure Fund. (a) The School Infrastructure Fund is created as a special fund in the State Treasury. In addition to any other deposits authorized by law, beginning January 1, 2000, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and State Comptroller shall transfer the sum of $5,000,000 from the General Revenue Fund to the School Infrastructure Fund. (b) Subject to the transfer provisions set forth below, money in the School Infrastructure Fund shall, if and when the State of Illinois incurs any bonded indebtedness for the construction of school improvements under the School Construction Law Act, be set aside and used for the purpose of paying and discharging annually the principal and interest on that bonded indebtedness then due and payable, and for no other purpose. In addition to other transfers to the General Obligation Bond Retirement and Interest Fund made pursuant to Section 15 of the General Obligation Bond Act, upon each delivery of bonds issued for construction of school improvements under the School Construction Law Act, the State Comptroller shall compute and certify to the State Treasurer the total amount of principal of, interest on, and premium, if any, on such bonds during the then current and each succeeding fiscal year. On or before the last day of each month, the State Treasurer and State Comptroller shall transfer from the School Infrastructure Fund to the General Obligation Bond Retirement and Interest Fund an amount sufficient to pay the aggregate of the principal of, interest on, and premium, if any, on the bonds payable on their next payment date, divided by the number of monthly transfers occurring between the last previous payment date (or the delivery date if no payment date has yet occurred) and the next succeeding payment date. (c) The surplus, if any, in the School Infrastructure Fund after the payment of principal and interest on that bonded indebtedness then annually due shall, subject to appropriation, be used as follows: First - to make 3 payments to the School Technology Revolving Loan Fund as follows: Transfer of $30,000,000 in fiscal year 1999; Transfer of $20,000,000 in fiscal year 2000; and Transfer of $10,000,000 in fiscal year 2001. Second - to pay the expenses of the State Board of Education and the Capital Development Board in administering programs under the School Construction Law Act, the total expenses not to exceed $1,000,000 in any fiscal year. Third - to pay any amounts due for grants for school construction projects and debt service under the School Construction Law Act. Fourth - to pay any amounts due for grants for school maintenance projects under the School Construction Law. (Source: P.A. 90-548, eff. 1-1-98; 90-587, eff. 7-1-98.) (30 ILCS 105/6z-47 new) Sec. 6z-47. Fund for Illinois' Future. (a) The Fund for Illinois' Future is hereby created as a special fund in the State Treasury. (b) Upon the effective date of this amendatory Act of the 91st
HOUSE OF REPRESENTATIVES 5597 General Assembly, or as soon as possible thereafter, the Comptroller shall order transferred and the Treasurer shall transfer $260,000,000 from the General Revenue Fund to the Fund for Illinois' Future. On July 15, 2000, or as soon as possible thereafter, the Comptroller shall order transferred and the Treasurer shall transfer $260,000,000 from the General Revenue Fund to the Fund for Illinois' Future. Revenues in the Fund for Illinois' Future shall include any other funds appropriated or transferred into the Fund. (c) Moneys in the Fund for Illinois' Future may be appropriated for the making of grants and expenditures for planning, engineering, acquisition, construction, reconstruction, development, improvement, and extension of public infrastructure in the State of Illinois, including grants to local governments for public infrastructure, grants to public elementary and secondary school districts for public infrastructure, grants to universities, colleges, community colleges, and non-profit corporations for public infrastructure, and expenditures for public infrastructure of the State and other related purposes, including but not limited to expenditures for equipment, vehicles, community programs, and recreational facilities. Section 10. The School Construction Law is amended by changing Sections 5-5, 5-25, and 5-35 and adding Section 5-100 as follows: (105 ILCS 230/5-5) Sec. 5-5. Definitions. As used in this Article: "Approved school construction bonds" mean bonds that were approved by referendum after January 1, 1996 but prior to January 1, 1998 as provided in Sections 19-2 through 19-7 of the School Code to provide funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable-equipment, and land for educational purposes. "Grant index" means a figure for each school district equal to one minus the ratio of the district's equalized assessed valuation per pupil in average daily attendance to the equalized assessed valuation per pupil in average daily attendance of the district located at the 90th percentile for all districts of the same type. The grant index shall be no less than 0.35 and no greater than 0.75 for each district; provided that the grant index for districts whose equalized assessed valuation per pupil in average daily attendance is at the 99th percentile and above for all districts of the same type shall be 0.00. "School construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable equipment, and land for educational purposes. "School maintenance project" means a project, other than a school construction project, intended to provide for the maintenance or upkeep of buildings or structures for educational purposes, but does not include ongoing operational costs. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-25) Sec. 5-25. Eligibility and project standards. (a) The State Board of Education shall establish eligibility standards for school construction project grants and debt service
5598 JOURNAL OF THE [May 21, 1999] grants. These standards shall include minimum enrollment requirements for eligibility for school construction project grants of 200 students for elementary districts, 200 students for high school districts, and 400 students for unit districts. The State Board of Education shall approve a district's eligibility for a school construction project grant or a debt service grant pursuant to the established standards. (b) The Capital Development Board shall establish project standards for all school construction project grants provided pursuant to this Article. These standards shall include space and capacity standards as well as the determination of recognized project costs that shall be eligible for State financial assistance and enrichment costs that shall not be eligible for State financial assistance. (c) The State Board of Education and the Capital Development Board shall not establish standards that disapprove or otherwise establish limitations that restrict the eligibility of a school district with a population exceeding 500,000 for a school construction project grant based on the fact that any or all of the school construction project grant will be used to pay debt service or to make lease payments, as authorized by subsection (b) of Section 5-35 of this Law. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-35) Sec. 5-35. School construction project grant amounts; permitted use; prohibited use. (a) The product of the district's grant index and the recognized project cost, as determined by the Capital Development Board, for an approved school construction project shall equal the amount of the grant the Capital Development Board shall provide to the eligible district. The grant index shall not be used in cases where the General Assembly and the Governor approve appropriations designated for specifically identified school district construction projects. (b) In each fiscal year in which school construction project grants are awarded, 20% of the total amount awarded statewide shall be awarded to a school district with a population exceeding 500,000, provided such district complies with the provisions of this Article. In addition to the uses otherwise authorized by this Law, any school district with a population exceeding 500,000 is authorized to use any or all of the school construction project grants (i) to pay debt service, as defined in the Local Government Debt Reform Act, on bonds, as defined in the Local Government Debt Reform Act, issued to finance one or more school construction projects and (ii) to the extent that any such bond is a lease or other installment or financing contract between the school district and a public building commission that has issued bonds to finance one or more qualifying school construction projects, to make lease payments under the lease. (c) No portion of a school construction project grant awarded by the Capital Development Board shall be used by a school district for any on-going operational costs. (Source: P.A. 90-548, eff. 1-1-98.) (105 ILCS 230/5-100 new) Sec. 5-100. School maintenance project grants. (a) The State Board of Education is authorized to make grants to school districts, without regard to enrollment, for school maintenance projects. These grants shall be paid out of moneys appropriated for that purpose from the School Infrastructure Fund.
HOUSE OF REPRESENTATIVES 5599 No grant under this Section for one fiscal year shall exceed $50,000, but a school district may receive grants for more than one project during one fiscal year. A school district must provide local matching funds in an amount equal to the amount of the grant under this Section. A school district has no entitlement to a grant under this Section. (b) The State Board of Education shall adopt rules to implement this Section. These rules need not be the same as the rules for school construction project grants or debt service grants. The rules may specify: (1) the manner of applying for grants; (2) project eligibility requirements; (3) restrictions on the use of grant moneys; (4) the manner in which school districts must account for the use of grant moneys; and (5) any other provision that the State Board determines to be necessary or useful for the administration of this Section. The rules shall specify the methods and standards to be used by the State Board to prioritize applications. School maintenance projects shall be prioritized in the following order: (i) emergency projects; (ii) health/life safety projects; (iii) State Program priority projects; (iv) permanent improvement projects; and (v) other projects. (c) In each school year in which school maintenance project grants are awarded, 20% of the total amount awarded shall be awarded to a school district with a population of more than 500,000, provided that the school district complies with the requirements of this Section and the rules adopted under this Section. Section 15. The Liquor Control Act of 1934 is amended by changing Section 8-1 as follows: (235 ILCS 5/8-1) (from Ch. 43, par. 158) Sec. 8-1. A tax is imposed upon the privilege of engaging in business as a manufacturer or as an importing distributor of alcoholic liquor other than beer at the rate of $0.185 per gallon for cider containing not less than 0.5% alcohol by volume nor more than 7% alcohol by volume, $0.73 23¢ per gallon for wine containing 14% or less of alcohol by volume other than cider containing less than 7% alcohol by volume, 60¢ per gallon for wine containing more than 14% of alcohol by volume, and $4.50 $2.00 per gallon on alcohol and spirits manufactured and sold or used by such manufacturer, or as agent for any other person, or sold or used by such importing distributor, or as agent for any other person. A tax is imposed upon the privilege of engaging in business as a manufacturer of beer or as an importing distributor of beer at the rate of $0.185 per gallon on all beer manufactured and sold or used by such manufacturer, or as agent for any other person, or sold or used by such importing distributor, or as agent for any other person. Any brewer manufacturing beer in this State shall be entitled to and given a credit or refund of 75% of the tax imposed on each gallon of beer up to 4.9 million gallons per year in any given calendar year for tax paid or payable on beer produced and sold in the State of Illinois. For the purpose of this Section, "cider" means any alcoholic beverage obtained by the alcohol fermentation of the juice of apples or pears including, but not limited to, flavored, sparkling, or carbonated cider. The credit or refund created by this Act shall apply to all beer taxes in the calendar years 1982 through 1986.
5600 JOURNAL OF THE [May 21, 1999] The increases made by this amendatory Act of the 91st General Assembly in the rates of taxes imposed under this Section shall apply beginning on July 1, 1999. A tax at the rate of 1¢ per gallon on beer and 48¢ per gallon on alcohol and spirits is also imposed upon the privilege of engaging in business as a retailer or as a distributor who is not also an importing distributor with respect to all beer and all alcohol and spirits owned or possessed by such retailer or distributor when this amendatory Act of 1969 becomes effective, and with respect to which the additional tax imposed by this amendatory Act upon manufacturers and importing distributors does not apply. Retailers and distributors who are subject to the additional tax imposed by this paragraph of this Section shall be required to inventory such alcoholic liquor and to pay this additional tax in a manner prescribed by the Department. The provisions of this Section shall be construed to apply to any importing distributor engaging in business in this State, whether licensed or not. However, such tax is not imposed upon any such business as to any alcoholic liquor shipped outside Illinois by an Illinois licensed manufacturer or importing distributor, nor as to any alcoholic liquor delivered in Illinois by an Illinois licensed manufacturer or importing distributor to a purchaser for immediate transportation by the purchaser to another state into which the purchaser has a legal right, under the laws of such state, to import such alcoholic liquor, nor as to any alcoholic liquor other than beer sold by one Illinois licensed manufacturer or importing distributor to another Illinois licensed manufacturer or importing distributor to the extent to which the sale of alcoholic liquor other than beer by one Illinois licensed manufacturer or importing distributor to another Illinois licensed manufacturer or importing distributor is authorized by the licensing provisions of this Act, nor to alcoholic liquor whether manufactured in or imported into this State when sold to a "non-beverage user" licensed by the State for use in the manufacture of any of the following when they are unfit for beverage purposes: Patent and proprietary medicines and medicinal, antiseptic, culinary and toilet preparations; Flavoring extracts and syrups and food products; Scientific, industrial and chemical products, excepting denatured alcohol; Or for scientific, chemical, experimental or mechanical purposes; Nor is the tax imposed upon the privilege of engaging in any business in interstate commerce or otherwise, which business may not, under the Constitution and Statutes of the United States, be made the subject of taxation by this State. The tax herein imposed shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or political subdivision thereof. If any alcoholic liquor manufactured in or imported into this State is sold to a licensed manufacturer or importing distributor by a licensed manufacturer or importing distributor to be used solely as an ingredient in the manufacture of any beverage for human consumption, the tax imposed upon such purchasing manufacturer or importing distributor shall be reduced by the amount of the taxes which have been paid by the selling manufacturer or importing distributor under this Act as to such alcoholic liquor so used to the Department of Revenue. If any person received any alcoholic liquors from a manufacturer or importing distributor, with respect to which alcoholic liquors no tax is imposed under this Article, and such alcoholic liquor shall thereafter be disposed of in such manner or under such circumstances as may cause the same to become the base for the tax imposed by this
HOUSE OF REPRESENTATIVES 5601 Article, such person shall make the same reports and returns, pay the same taxes and be subject to all other provisions of this Article relating to manufacturers and importing distributors. Nothing in this Article shall be construed to require the payment to the Department of the taxes imposed by this Article more than once with respect to any quantity of alcoholic liquor sold or used within this State. No tax is imposed by this Act on sales of alcoholic liquor by Illinois licensed foreign importers to Illinois licensed importing distributors. (Source: P.A. 90-625, eff. 7-10-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 21, 1999. s/Sen. J.P. Philip s.Rep. M. Madigan s/Sen. Stanley B. Weaver s/Rep. Barbara Flynn Currie s/Sen. John Maitland s/Rep. Gary Hannig s/Sen. James F. Clayborne s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. Dan Rutherford Committee for the Senate Committee for the House INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 2872. Introduced by Representative Franks, a bill for AN ACT concerning a tax moratorium. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 2 to SENATE BILL 53, having been printed, was taken up for consideration. Representative Stephens then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Currie, Holbrook, Scott; Stephens and Hassert. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 242, having been printed, was taken up for consideration. Representative McKeon then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives McKeon, Dart, Currie; Tenhouse and John Turner. Ordered that the Clerk inform the Senate.
5602 JOURNAL OF THE [May 21, 1999] House Amendment No. 1 to SENATE BILL 338, having been printed, was taken up for consideration. Representative Andrea Moore then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Currie, Mautino, Woolard; Tenhouse and Brady. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 1158, having been printed, was taken up for consideration. Representative McKeon then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives McKeon, Slone, Hannig; Rutherford and Ryder. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 171, having been printed, was taken up for consideration. Representative Reitz then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Reitz, Giles, Currie; Rutherford and Hassert. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 965, having been printed, was taken up for consideration. Representative Reitz then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Reitz, Feigenholtz, Currie; Rutherford and Kosel. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 656, having been printed, was taken up for consideration. Representative Fritchey then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Fritchey, Burke, Currie; Cross and Saviano. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 834, having been printed,
HOUSE OF REPRESENTATIVES 5603 was taken up for consideration. Representative Hultgren then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Currie, Kenner, Granberg; Tenhouse and Hultgren. Ordered that the Clerk inform the Senate. House Amendment No. 1 to SENATE BILL 1088, having been printed, was taken up for consideration. Representative Righter then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Erwin, Novak, Currie; Tenhouse and Righter. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1, 2, 3, 4 and 6 to HOUSE BILL 619, having been printed, were taken up for consideration. Representative Capparelli moved that the House concur with the Senate in the adoption of Amendment No. 4. And on that motion, a vote was taken resulting as follows: 46, Yeas; 67, Nays; 1, Answering Present. (ROLL CALL 2) The motion lost. Representative Capparelli then moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1, 2, 3 and 6. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1, 2, 3 and 6 to HOUSE BILL 619. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Durkin, SENATE BILL 574 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their
5604 JOURNAL OF THE [May 21, 1999] concurrence in the House amendment/s adopted. On motion of Representative Madigan, SENATE BILL 876 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 115, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 1015. Having been read by title a second time on May 12, 1999, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1015 AMENDMENT NO. 1. Amend Senate Bill 1015 as follows: on page 1, below line 11, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". Representative Brunsvold offered and withdrew Amendment No. 2. Floor Amendment No. 3 remained in the Committee on Rules. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 1 was distributed to the Members at 11:13 o'clock a.m. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Steve Davis, SENATE BILL 286 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote: 45, Yeas; 64, Nays; 7, Answering Present. (ROLL CALL 6) This bill, as amended, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. RESOLUTIONS
HOUSE OF REPRESENTATIVES 5605 HOUSE RESOLUTION 229 was taken up for consideration. Representative Lawfer moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 234 was taken up for consideration. Representative Hamos moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. HOUSE RESOLUTION 228 was taken up for consideration. Representative Eileen Lyons moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 11:30 o'clock a.m. RESOLUTIONS HOUSE RESOLUTION 236 was taken up for consideration. Representative Fowler moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendments numbered 1, 2 and 3 to SENATE BILL 652, having been printed, were taken up for consideration. Representative Currie then moved that the House refuse to recede from said amendments and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Currie, Silva, Woolard; Tenhouse and Cowlishaw. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1327, having been printed, was taken up for consideration. Representative Cowlishaw moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 7) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1327. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1622, having been printed, were taken up for consideration. Representative McCarthy moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3. And on that motion, a vote was taken resulting as follows:
5606 JOURNAL OF THE [May 21, 1999] 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 1622. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 2180, having been printed, was taken up for consideration. Representative Andrea Moore moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 80, Yeas; 32, Nays; 3, Answering Present. (ROLL CALL 9) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2180. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 521, having been printed, was taken up for consideration. Representative Brunsvold moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 10) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 521. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING Having been printed, the following bill was taken up, read by title a second time and advanced to the order of Third Reading: SENATE BILL 251. SENATE BILL 856. Having been printed, was taken up and read by title a second time. The following amendments were offered in the Committee on Personnel & Pensions, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 856 AMENDMENT NO. 1. Amend Senate Bill 856 by replacing the title with the following: "AN ACT to amend the Illinois Pension Code and the State Mandates Act."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 4-108, 4-109, 4-109.1, 4-109.2, 4-110, 4-110.1, 4-114, and 4-118.1 and adding Section 3-113.1 as follows: (40 ILCS 5/3-113.1 new) Sec. 3-113.1. Minimum retirement, survivor, and disability pensions. (a) Beginning January 1, 1999, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum surviving spouse's pension shall be $600 per month, without regard to whether the police officer was in service on or after the effective date of this amendatory Act of the 91st General Assembly.
HOUSE OF REPRESENTATIVES 5607 In the case of a pensioner whose pension began before the effective date of this amendatory Act and is subject to increase under this subsection (a), the pensioner shall be entitled to a lump sum payment of the amount of that increase accruing from January 1, 1999 (or the date the pension began, if later) to the effective date of this amendatory Act. (b) Beginning January 1, 2000, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum surviving spouse's pension shall be $800 per month, without regard to whether the police officer was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (c) Beginning January 1, 2001, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-114.1, 3-114.2, or 3-114.3, and the minimum surviving spouse's pension shall be $1000 per month, without regard to whether the police officer was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (d) This Section does not grant a pension to any surviving spouse who is not otherwise eligible to receive a pension under this Article. (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108) Sec. 4-108. Creditable service. (a) Creditable service is the time served as a firefighter of a municipality. In computing creditable service, furloughs and leaves of absence without pay exceeding 30 days in any one year shall not be counted, but leaves of absence for illness or accident regardless of length, and periods of disability for which a firefighter received no disability pension payments under this Article, shall be counted. (b) Furloughs and leaves of absence of 30 days or less in any one year may be counted as creditable service, if the firefighter makes the contribution to the fund that would have been required had he or she not been on furlough or leave of absence. To qualify for this creditable service, the firefighter must pay the required contributions to the fund not more than 90 days subsequent to the termination of the furlough or leave of absence, to the extent that the municipality has not made such contribution on his or her behalf. (c) Creditable service includes: (1) Service in the military, naval or air forces of the United States entered upon when the person was an active firefighter, provided that, upon applying for a permanent pension, and in accordance with the rules of the board the firefighter pays into the fund the amount that would have been contributed had he or she been a regular contributor during such period of service, if and to the extent that the municipality which the firefighter served made no such contributions in his or her behalf. The total amount of such creditable service shall not exceed 5 years, except that any firefighter who on July 1, 1973 had more than 5 years of such creditable service shall receive the total amount thereof as of that date. (2) Service prior to July 1, 1976 by a firefighter initially excluded from participation by reason of age who elected to participate and paid the required contributions for such service. (3) Up to 8 years of service by a firefighter as an officer in a statewide firefighters' association when he is on a leave of absence from a municipality's payroll, provided that (i) the firefighter has at least 10 years of creditable service as an active firefighter, (ii) the firefighter contributes to the fund
5608 JOURNAL OF THE [May 21, 1999] the amount that he would have contributed had he remained an active member of the fund, and (iii) the employee or statewide firefighter association contributes to the fund an amount equal to the employer's required contribution as determined by the board. (4) Time spent as an on-call fireman for a municipality, calculated at the rate of one year of creditable service for each 5 years of time spent as an on-call fireman, provided that (i) the firefighter has at least 18 years of creditable service as an active firefighter, (ii) the firefighter spent at least 14 years as an on-call firefighter for the municipality, (iii) the firefighter applies for such creditable service within 30 days after the effective date of this amendatory Act of 1989, (iv) the firefighter contributes to the Fund an amount representing employee contributions for the number of years of creditable service granted under this subdivision (4), based on the salary and contribution rate in effect for the firefighter at the date of entry into the Fund, to be determined by the board, and (v) not more than 3 years of creditable service may be granted under this subdivision (4). Creditable service shall not under any other circumstances include time spent as a volunteer firefighter, whether or not any compensation was received therefor. The change made in this Section by Public Act 83-0463 is intended to be a restatement and clarification of existing law, and does not imply that creditable service was previously allowed under this Article for time spent as a volunteer firefighter. (5) Time served between July 1, 1976 and July 1, 1988 in the position of protective inspection officer or administrative assistant for fire services, for a municipality with a population under 10,000 that is located in a county with a population over 3,000,000 and that maintains a firefighters' pension fund under this Article, if the position included firefighting duties, notwithstanding that the person may not have held an appointment as a firefighter, provided that application is made to the pension fund within 30 days after the effective date of this amendatory Act of 1991, and the corresponding contributions are paid for the number of years of service granted, based upon the salary and contribution rate in effect for the firefighter at the date of entry into the pension fund, as determined by the Board. (6) Service before becoming a participant by a firefighter initially excluded from participation by reason of age who becomes a participant under the amendment to Section 4-107 made by this amendatory Act of 1993 and pays the required contributions for such service. (7) Up to 3 years of time during which the firefighter receives a disability pension under Section 4-110, 4-110.1, or 4-111, provided that (i) the firefighter returns to active service after the disability for a period at least equal to the period for which credit is to be established and (ii) the firefighter makes contributions to the fund based on the rates specified in Section 4-118.1 and the salary upon which the disability pension is based. These contributions may be paid at any time prior to the commencement of a retirement pension. The firefighter may, but need not, elect to have the contributions deducted from the disability pension or to pay them in installments on a schedule approved by the board. If not deducted from the disability pension, the contributions shall include interest at the rate of 6% per year, compounded annually, from the date for which service credit is being established to the date of payment. If contributions are paid under this
HOUSE OF REPRESENTATIVES 5609 subdivision (c)(7) in excess of those needed to establish the credit, the excess shall be refunded. This subdivision (c)(7) applies to persons receiving a disability pension under Section 4-110, 4-110.1, or 4-111 on the effective date of this amendatory Act of the 91st General Assembly, as well as persons who begin to receive such a disability pension after that date. (Source: P.A. 89-52, eff. 6-30-95.) (40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109) Sec. 4-109. Pension. (a) A firefighter age 50 or more with 20 or more years of creditable service, who is no longer in service as a firefighter, shall receive a monthly pension of 1/2 the monthly salary attached to the rank held by him or her in the fire service at the date of retirement. The monthly pension shall be increased by 1/12 of 2.5% 2% of such monthly salary for each additional month over 20 years of service through 30 years of service and 1/12 of 1% of such monthly salary for each additional month over 30 years of service, to a maximum of 75% of such monthly salary. The changes made to this subsection (a) by this amendatory Act of the 91st General Assembly apply to all pensions that become payable under this subsection on or after January 1, 1999. All pensions payable under this subsection that began on or after January 1, 1999 and before the effective date of this amendatory Act shall be recalculated, and the amount of the increase accruing for that period shall be payable to the pensioner in a lump sum. (b) A firefighter who retires or is separated from service having at least 10 but less than 20 years of creditable service, who is not entitled to receive a disability pension, and who did not apply for a refund of contributions at his or her last separation from service shall receive a monthly pension upon attainment of age 60 based on the monthly salary attached to his or her rank in the fire service on the date of retirement or separation from service according to the following schedule: For 10 years of service, 15% of salary; For 11 years of service, 17.6% of salary; For 12 years of service, 20.4% of salary; For 13 years of service, 23.4% of salary; For 14 years of service, 26.6% of salary; For 15 years of service, 30% of salary; For 16 years of service, 33.6% of salary; For 17 years of service, 37.4% of salary; For 18 years of service, 41.4% of salary; For 19 years of service, 45.6% of salary. (Source: P.A. 83-1440.) (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1) Sec. 4-109.1. Increase in pension. (a) Except as provided in subsection (e), the monthly pension of a firefighter who retires after July 1, 1971 and prior to January 1, 1986, shall, upon either the first of the month following the first anniversary of the date of retirement if 60 years of age or over at retirement date, or upon the first day of the month following attainment of age 60 if it occurs after the first anniversary of retirement, be increased by 2% of the originally granted monthly pension and by an additional 2% in each January thereafter. Effective January 1976, the rate of the annual increase shall be 3% of the originally granted monthly pension. (b) The monthly pension of a firefighter who retired from service with 20 or more years of service, on or before July 1, 1971, shall be increased, in January of the year following the year of attaining age 65 or in January 1972, if then over age 65, by 2% of
5610 JOURNAL OF THE [May 21, 1999] the originally granted monthly pension, for each year the firefighter received pension payments. In each January thereafter, he or she shall receive an additional increase of 2% of the original monthly pension. Effective January 1976, the rate of the annual increase shall be 3%. (c) The monthly pension of a firefighter who is receiving a disability pension under this Article shall be increased, in January of the year following the year the firefighter attains age 60, or in January 1974, if then over age 60, by 2% of the originally granted monthly pension for each year he or she received pension payments. In each January thereafter, the firefighter shall receive an additional increase of 2% of the original monthly pension. Effective January 1976, the rate of the annual increase shall be 3%. (c-1) On January 1, 1998, every child's disability benefit payable on that date under Section 4-110 or 4-110.1 shall be increased by an amount equal to 1/12 of 3% of the amount of the benefit, multiplied by the number of months for which the benefit has been payable. On each January 1 thereafter, every child's disability benefit payable under Section 4-110 or 4-110.1 shall be increased by 3% of the amount of the benefit then being paid, including any previous increases received under this Article. These increases are not subject to any limitation on the maximum benefit amount included in Section 4-110 or 4-110.1. (d) The monthly pension of a firefighter who retires after January 1, 1986, shall, upon either the first of the month following the first anniversary of the date of retirement if 55 years of age or over at retirement date, or upon the first day of the month following attainment of age 55 if it occurs after the first anniversary of retirement, be increased by 1/12 of 3% of the originally granted monthly pension for each full month year that has elapsed since the pension began, and by an additional 3% in each January thereafter. The changes made to this subsection (d) by this amendatory Act of the 91st General Assembly apply to all initial increases that become payable under this subsection on or after January 1, 1999. All initial increases that became payable under this subsection on or after January 1, 1999 and before the effective date of this amendatory Act shall be recalculated and the additional amount accruing for that period, if any, shall be payable to the pensioner in a lump sum. (e) Notwithstanding the provisions of subsection (a), upon the first day of the month following (1) the first anniversary of the date of retirement, or (2) the attainment of age 55, or (3) July 1, 1987, whichever occurs latest, the monthly pension of a firefighter who retired on or after January 1, 1977 and on or before January 1, 1986 and did not receive an increase under subsection (a) before July 1, 1987, shall be increased by 3% of the originally granted monthly pension for each full year that has elapsed since the pension began, and by an additional 3% in each January thereafter. The increases provided under this subsection are in lieu of the increases provided in subsection (a). (Source: P.A. 90-32, eff. 6-27-97.) (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2) Sec. 4-109.2. Minimum pension. (a) Beginning January 1, 1984, the minimum disability pension granted under Section 4-110 or 4-111, the minimum surviving spouse's pension, and the minimum retirement pension granted to a firefighter with 20 or more years of creditable service, shall be $300 per month, without regard to whether the death, disability or retirement of the firefighter occurred prior to that date. Beginning July 1, 1987, the minimum retirement pension payable to a firefighter with 20 or more years of creditable service, the
HOUSE OF REPRESENTATIVES 5611 minimum disability pension payable under Section 4-110 or 4-111, and the minimum surviving spouse's pension shall be $400 per month, without regard to whether the death, retirement or disability of the firefighter occurred prior to that date. Beginning July 1, 1993, the minimum retirement pension payable to a firefighter with 20 or more years of creditable service and the minimum surviving spouse's pension shall be $475 per month, without regard to whether the firefighter was in service on or after the effective date of this amendatory Act of 1993. (b) Beginning January 1, 1999, the minimum retirement pension payable to a firefighter with 20 or more years of creditable service, the minimum disability pension payable under Section 4-110, 4-110.1, or 4-111, and the minimum surviving spouse's pension shall be $600 per month, without regard to whether the firefighter was in service on or after the effective date of this amendatory Act of the 91st General Assembly. In the case of a pensioner whose pension began before the effective date of this amendatory Act and is subject to increase under this subsection (b), the pensioner shall be entitled to a lump sum payment of the amount of that increase accruing from January 1, 1999 (or the date the pension began, if later) to the effective date of this amendatory Act. (c) Beginning January 1, 2000, the minimum retirement pension payable to a firefighter with 20 or more years of creditable service, the minimum disability pension payable under Section 4-110, 4-110.1, or 4-111, and the minimum surviving spouse's pension shall be $800 per month, without regard to whether the firefighter was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (d) Beginning January 1, 2001, the minimum retirement pension payable to a firefighter with 20 or more years of creditable service, the minimum disability pension payable under Section 4-110, 4-110.1, or 4-111, and the minimum surviving spouse's pension shall be $1000 per month, without regard to whether the firefighter was in service on or after the effective date of this amendatory Act of the 91st General Assembly. (Source: P.A. 87-1265.) (40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110) Sec. 4-110. Disability pension - Line of duty. If a firefighter, as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, is found, pursuant to Section 4-112, to be physically or mentally permanently disabled for service in the fire department, so as to render necessary his or her being placed on disability pension, the firefighter shall be entitled to a disability pension equal to the greater of (1) 65% of the monthly salary attached to the rank held by him or her in the fire department at the date he or she is removed from the municipality's fire department payroll or (2) the retirement pension that the firefighter would be eligible to receive if he or she retired (but not including any automatic annual increase in that retirement pension). A firefighter shall be considered "on duty" while on any assignment approved by the chief of the fire department, even though away from the municipality he or she serves as a firefighter, if the assignment is related to the fire protection service of the municipality. Such firefighter shall also be entitled to a child's disability benefit of $20 a month on account of each unmarried child less than 18 years of age and dependent upon the firefighter for support, either the issue of the firefighter or legally adopted by him or her. The total amount of child's disability benefit payable to the firefighter, when added to his or her disability pension, shall not
5612 JOURNAL OF THE [May 21, 1999] exceed 75% of the amount of salary which the firefighter was receiving at the date of retirement. Benefits payable on account of a child under this Section shall not be reduced or terminated by reason of the child's attainment of age 18 if he or she is then dependent by reason of a physical or mental disability but shall continue to be paid as long as such dependency continues. Individuals over the age of 18 and adjudged to be disabled persons pursuant to Article XIa of the Probate Act of 1975, except for persons receiving benefits under Article III of the Illinois Public Aid Code, shall be eligible to receive benefits under this Act. If a firefighter dies while still disabled and receiving a disability pension under this Section, the disability pension shall continue to be paid to the firefighter's survivors but shall, from the date of death, become subject to the requirements, including limitations on amount, that are provided for pensions to survivors under Section 4-114. A pension previously granted under Section 4-114 to a survivor of a firefighter who died while receiving a disability pension under this Section shall be deemed to be a continuation of the pension provided under this Section and shall be deemed to be in the nature of worker's compensation payments. The changes to this Section made by this amendatory Act of 1995 are intended to be retroactive and are not limited to persons in service on or after its effective date. (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) (40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1) Sec. 4-110.1. Occupational disease disability pension. The General Assembly finds that service in the fire department requires firefighters in times of stress and danger to perform unusual tasks; that firefighters are subject to exposure to extreme heat or extreme cold in certain seasons while performing their duties; that they are required to work in the midst of and are subject to heavy smoke fumes, and carcinogenic, poisonous, toxic or chemical gases from fires; and that these conditions exist and arise out of or in the course of employment. An active firefighter with 5 or more years of creditable service who is found, pursuant to Section 4-112, unable to perform his or her duties in the fire department by reason of heart disease, stroke, tuberculosis, or any disease of the lungs or respiratory tract, resulting from service as a firefighter, is entitled to an occupational disease disability pension during any period of such disability for which he or she has no right to receive salary. Any active firefighter who has completed 5 or more years of service and is unable to perform his or her duties in the fire department by reason of a disabling cancer, which develops or manifests itself during a period while the firefighter is in the service of the fire department, shall be entitled to receive an occupational disease disability benefit during any period of such disability for which he or she does not have a right to receive salary. In order to receive this occupational disease disability benefit, (i) the type of cancer involved must be a type which may be caused by exposure to heat, radiation or a known carcinogen as defined by the International Agency for Research on Cancer and (ii) the cancer must (and is rebuttably presumed to) arise as a result of service as a firefighter. A firefighter who enters the service after August 27, 1971 shall be examined by one or more practicing physicians appointed by the board. If the examination discloses impairment of the heart, lungs or respiratory tract, or the existence of any cancer, the firefighter shall not be entitled to the occupational disease disability pension unless and until a subsequent examination reveals no such impairment
HOUSE OF REPRESENTATIVES 5613 or cancer. The occupational disease disability pension shall be equal to the greater of (1) 65% of the salary attached to the rank held by the firefighter in the fire service at the time of his or her removal from the municipality's fire department payroll or (2) the retirement pension that the firefighter would be eligible to receive if he or she retired (but not including any automatic annual increase in that retirement pension). The firefighter is also entitled to a child's disability benefit of $20 a month for each natural or legally adopted unmarried child less than age 18 dependent upon the firefighter for support. The total child's disability benefit when added to the occupational disease disability pension shall not exceed 75% of the firefighter's salary at the time of the grant of occupational disease disability pension. The occupational disease disability pension is payable to the firefighter during the period of the disability. If the disability ceases before the death of the firefighter, the disability pension payable under this Section shall also cease and the firefighter thereafter shall receive such pension benefits as are provided in accordance with other provisions of this Article. If a firefighter dies while still disabled and receiving a disability pension under this Section, the disability pension shall continue to be paid to the firefighter's survivors but shall, from the date of death, become subject to the requirements, including limitations on amount, that are provided for pensions to survivors under Section 4-114. A pension previously granted under Section 4-114 to a survivor of a firefighter who died while receiving a disability pension under this Section shall be deemed to be a continuation of the pension provided under this Section and shall be deemed to be in the nature of worker's occupational disease compensation payments. The changes to this Section made by this amendatory Act of 1995 are intended to be retroactive and are not limited to persons in service on or after its effective date. The child's disability benefit shall terminate if the disability ceases while the firefighter is alive or when the child or children attain age 18 or marry, whichever event occurs first, except that benefits payable on account of a child under this Section shall not be reduced or terminated by reason of the child's attainment of age 18 if he or she is then dependent by reason of a physical or mental disability but shall continue to be paid as long as such dependency continues. Individuals over the age of 18 and adjudged as a disabled person pursuant to Article XIa of the Probate Act of 1975, except for persons receiving benefits under Article III of the Illinois Public Aid Code, shall be eligible to receive benefits under this Act. (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114) Sec. 4-114. Pension to survivors. If a firefighter who is not receiving a disability pension under Section 4-110 or 4-110.1 dies (1) as a result of any illness or accident, or (2) from any cause while in receipt of a disability pension under this Article, or (3) during retirement after 20 years service, or (4) while vested for or in receipt of a pension payable under subsection (b) of Section 4-109, or (5) while a deferred pensioner, having made all required contributions, a pension shall be paid to his or her survivors, based on the monthly salary attached to the firefighter's rank on the last day of service in the fire department, as follows: (a) To the surviving spouse, a monthly pension of 40% of the monthly salary, and to the guardian of any minor child or children including a child which has been conceived but not yet born, 12% of such monthly salary for each such child until attainment of age 18 or
5614 JOURNAL OF THE [May 21, 1999] until the child's marriage, whichever occurs first. Beginning July 1, 1993, the monthly pension to the surviving spouse shall be 54% of the monthly salary for all persons receiving a surviving spouse pension under this Article, regardless of whether the deceased firefighter was in service on or after the effective date of this amendatory Act of 1993. The pension to the surviving spouse shall terminate in the event of the surviving spouse's remarriage prior to July 1, 1993; remarriage on or after that date does not affect the surviving spouse's pension, regardless of whether the deceased firefighter was in service on or after the effective date of this amendatory Act of 1993. The surviving spouse's pension shall be subject to the minimum established in Section 4-109.2. (b) Upon the death of the surviving spouse leaving one or more minor children, to the duly appointed guardian of each such child, for support and maintenance of each such child until the child reaches age 18 or marries, whichever occurs first, a monthly pension of 20% of the monthly salary. (c) If a deceased firefighter leaves no surviving spouse or unmarried minor children under age 18, but leaves a dependent father or mother, to each dependent parent a monthly pension of 18% of the monthly salary. To qualify for the pension, a dependent parent must furnish satisfactory proof that the deceased firefighter was at the time of his or her death the sole supporter of the parent or that the parent was the deceased's dependent for federal income tax purposes. (d) The total pension provided under paragraphs (a), (b) and (c) of this Section shall not exceed 75% of the monthly salary of the deceased firefighter (1) when paid to the survivor of a firefighter who has attained 20 or more years of service credit and who receives or is eligible to receive a retirement pension under this Article, or (2) when paid to the survivor of a firefighter who dies as a result of illness or accident, or (3) when paid to the survivor of a firefighter who dies from any cause while in receipt of a disability pension under this Article, or (4) when paid to the survivor of a deferred pensioner. For all other survivors of deceased firefighters, the total pension provided under paragraphs (a), (b) and (c) of this Section shall not exceed 50% of the retirement annuity the firefighter would have received on the date of death. (e) If a firefighter leaves no eligible survivors under paragraphs (a), (b) and (c), the board shall refund to the firefighter's estate the amount of his or her accumulated contributions, less the amount of pension payments, if any, made to the firefighter while living. (f) An adopted child is eligible for the pension provided under paragraph (a) if the child was adopted before the firefighter attained age 50. (g) If a judgment of dissolution of marriage between a firefighter and spouse is judicially set aside subsequent to the firefighter's death, the surviving spouse is eligible for the pension provided in paragraph (a) only if the judicial proceedings are filed within 2 years after the date of the dissolution of marriage and within one year after the firefighter's death and the board is made a party to the proceedings. In such case the pension shall be payable only from the date of the court's order setting aside the judgment of dissolution of marriage. (h) Benefits payable on account of a child under this Section shall not be reduced or terminated by reason of the child's attainment of age 18 if he or she is then dependent by reason of a physical or mental disability but shall continue to be paid as long as such dependency continues. Individuals over the age of 18 and
HOUSE OF REPRESENTATIVES 5615 adjudged as a disabled person pursuant to Article XIa of the Probate Act of 1975, except for persons receiving benefits under Article III of the Illinois Public Aid Code, shall be eligible to receive benefits under this Act. (i) Beginning January 1, 2000, the pension of the surviving spouse of a firefighter who dies on or after January 1, 1994 as a result of sickness, accident, or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty shall not be less than 100% of the salary attached to the rank held by the deceased firefighter on the last day of service, notwithstanding subsection (d) or any the other provision of this Article. (Source: P.A. 89-136, eff. 7-14-95; 89-168, eff. 7-19-95.) (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1) Sec. 4-118.1. Contributions by firefighters. Beginning January 1, 1976 and until the effective date of this amendatory Act of the 91st General Assembly, each firefighter shall contribute to the pension fund 6 3/4% of salary towards the cost of his or her pension. Beginning on the effective date of this amendatory Act of the 91st General Assembly, each firefighter shall contribute to the pension fund 6.955% of salary towards the cost of his or her pension. In addition, beginning January 1, 1976, each firefighter shall contribute 1% of salary toward the cost of the increase in pension provided in Section 4-109.1; beginning January 1, 1987, such contribution shall be 1.5% of salary. "Salary" means the annual salary, including longevity, attached to the firefighter's rank, as established by the municipality appropriation ordinance, including any compensation for overtime which is included in the salary so established, but excluding any "overtime pay", "holiday pay", "bonus pay", "merit pay", or any other cash benefit not included in the salary so established. The contributions shall be deducted and withheld from the salary of firefighters. (Source: P.A. 84-1472.) Section 90. The State Mandates Act is amended by adding Section 8.23 as follows: (30 ILCS 805/8.23 new) Sec. 8.23. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 91st General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. RESOLUTIONS Having been reported out of the Committee on Revenue, earlier today , HOUSE RESOLUTION 239 was taken up for consideration. Representative Bill Mitchell moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Transportation & Motor Vehicles earlier today, HOUSE RESOLUTION 274 was taken up for consideration. Representative O'Brien moved the adoption of the resolution.
5616 JOURNAL OF THE [May 21, 1999] The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Veterans' Affairs earlier today, HOUSE RESOLUTION 296 was taken up for consideration. Representative McAuliffe moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Human Services, earlier today, HOUSE RESOLUTION 299 was taken up for consideration. Representative Madigan moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Rules, earlier today, HOUSE JOINT RESOLUTION 26 was taken up for consideration. Representative Jerry Mitchell moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on Rules earlier today, HOUSE JOINT RESOLUTION 26 was taken up for consideration. Representative Jerry Mitchell moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 102, Yeas; 13, Nays; 0, Answering Present. (ROLL CALL 11) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on Environment & Energy, earlier today, HOUSE RESOLUTION 301 was taken up for consideration. Representative Kosel moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Environment & Energy, earlier today, HOUSE RESOLUTION 303 was taken up for consideration. Representative Curry moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Having been reported out of the Committee on Higher Education, earlier today, HOUSE JOINT RESOLUTION 19 was taken up for consideration. Representative Howard moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 108, Yeas; 3, Nays; 1, Answering Present. (ROLL CALL 12) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on State Government Administration earlier today, HOUSE JOINT RESOLUTION 20 was taken up for consideration. Representative Hoffman moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence.
HOUSE OF REPRESENTATIVES 5617 Having been reported out of the Committee on Elementary & Secondary Education earlier today, HOUSE JOINT RESOLUTION 22 was taken up for consideration. Representative Sharp moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 63, having been printed, was taken up for consideration. Representative Granberg moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 14) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 63. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 1825, having been printed, were taken up for consideration. Representative Granberg moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 74, Yeas; 38, Nays; 2, Answering Present. (ROLL CALL 15) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 1925. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 890. Having been read by title a second time on May 12, 1999, and held on the order of Second Reading, the same was again taken up. Representative Capparelli offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 890 AMENDMENT NO. 1. Amend Senate Bill 890 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois Financial Institutions Year 2000 Safety and Soundness Act. Section 5. Findings and declarations of policy. The General Assembly hereby finds and declares that: (1) the economic strength and general welfare of Illinois depends on strong, safe and sound financial institutions that command the highest levels of public confidence among the citizens of this State; (2) Illinois financial institutions are highly monitored
5618 JOURNAL OF THE [May 21, 1999] and closely supervised by federal and state regulatory agencies which impose strict compliance standards and conduct regular and frequent examinations on these institutions; (3) countless computer systems, software programs, microchips, and integrated circuits have been created, distributed, installed, and relied upon throughout this State and the world which are not capable of recognizing certain dates in 1999 and after December 31, 1999, and which will read dates in the year 2000 and thereafter as if those dates represent the year 1900 or thereafter, or which will fail to process those dates (commonly referred to as the "Year 2000 Problem"); (4) the federal and state regulatory agencies which regulate Illinois financial institutions have required these institutions to undergo exhaustive planning, remediation, testing, and contingency preparedness to properly address the Year 2000 Problem with respect to both internal and external mission critical computer systems, internal and external non-mission critical computer systems, third party vendors, customers, and other possible sources of business interruption, and are closely monitoring, examining, and supervising these efforts on an institution by institution basis; (5) Illinois financial institutions have expended hundreds of millions of dollars on reprogramming, replacing, and testing their computer systems to properly address the Year 2000 Problem and continue to be accountable to their federal and state regulatory agencies for meeting the strict safety and soundness standards imposed on them in connection with the Year 2000 Problem; (6) Illinois financial institutions are integral to the payments system and credit and savings bases relied on by all other businesses, governmental entities, and citizens of this State irrespective of whether those businesses, governmental entities, and citizens have addressed and implemented solutions in connection with the Year 2000 Problem; and (7) it is in the interests of this State to recognize the unique and rigorous standards required of Illinois financial institutions in connection with the Year 2000 Problem and their integral role in maintaining the payments system and credit and savings bases in this State and to preserve public confidence in these institutions and ensure their safety and soundness, thereby protecting and enhancing the economy and general welfare of this State, by providing uniform and judicious legal standards for Illinois financial institutions in connection with the Year 2000 Problem. Section 10. Definitions. For the purposes of this Act: (a) The term "Illinois financial institution" means: (1) a State bank, a national bank, or an out-of-state bank, as those terms are defined in the Illinois Banking Act, or any subsidiary of a State bank, a national bank, or an out-of-state bank; (2) a foreign banking corporation, as that term is defined in the Foreign Banking Office Act, or any subsidiary of a foreign banking corporation; (3) a corporate fiduciary, as that term is defined in the Corporate Fiduciary Act, or any subsidiary of a corporate fiduciary; (4) a savings bank organized under the Savings Bank Act, an out-of-state savings bank chartered under the laws of a state other than Illinois, a territory of the United States, or the District of Columbia, or a federal savings bank organized under federal law, or any subsidiary of a savings bank, an
HOUSE OF REPRESENTATIVES 5619 out-of-state savings bank, or a federal savings bank; (5) an association or federal association, as those terms are defined in the Illinois Savings and Loan Act of 1985, or any subsidiary of an association or federal association; (6) an out-of-state savings and loan association chartered under the laws of a state other than Illinois, a territory of the United States, or the District of Columbia, or a federal savings and loan association organized under federal law whose principal business office is located outside of Illinois, or any subsidiary of an out-of-state savings and loan association or federal savings and loan association whose principal business office is located outside of Illinois; (7) a credit union, as defined in the Illinois Credit Union Act, or any subsidiary of a credit union; or (8) a network owned by one or more financial institutions, as those terms are defined in the Electronic Fund Transfer Act. The terms in this subsection (a) also shall be deemed to include a direct or indirect holding company of an Illinois financial institution in connection with a Year 2000 claim involving the Illinois financial institution directly or indirectly owned by such holding company. (b) The term "Year 2000 failure" means any failure by any device or system (including, without limitation, any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions, however constructed, in processing, calculating, comparing, sequencing, displaying, storing, transmitting, or receiving date-related data during the years 1999 and 2000 or from, into, or between the twentieth century and the twenty-first century, or the failure to recognize or accurately process any specific date, or the failure to accurately account for the status of the year 2000 as a leap year. (c) The term "Year 2000 action" means a civil action of any kind brought under Illinois law, except for a civil action brought by a federal or state agency that regulates the Illinois financial institution, in which: (1) a Year 2000 claim is asserted; or (2) any claim or defense is related, directly or indirectly, to a Year 2000 claim. (d) The term "Year 2000 claim" means any claim or cause of action of any kind, whether asserted by way of claim, counterclaim, cross-claim, third-party claim, or otherwise, in which a party or other person's loss or harm is alleged to have resulted, directly or indirectly, from any act or omission in connection with an actual or potential Year 2000 failure, except for claims involving physical injury to the extent of the claim of physical injury. (e) The term "physical injury" means any physical injury to a natural person, including the death of the person, but does not include mental suffering, emotional distress, or other similar elements of injury that do not constitute physical harm to a natural person. Section 15. Action for damages. An Illinois financial institution shall not be liable in a Year 2000 action brought by or for damages incurred by persons not in privity of contract with the Illinois financial institution in connection with the transaction that gave rise to the Year 2000 claim. Section 20. Notice of claim. No person shall bring a Year 2000 action or make a Year 2000 claim against an Illinois financial institution unless the person has given written notice to the Illinois financial institution of the person's Year 2000 claim and
5620 JOURNAL OF THE [May 21, 1999] the Illinois financial institution has been afforded at least 60 days after receipt of the notice to resolve the claim. Section 25. Employees, officers, and directors. No employee, officer, or director of an Illinois financial institution shall be liable to any person for damages in a Year 2000 action, except for an act or omission that constitutes fraud; provided that this Section shall not preclude a Year 2000 action against an Illinois financial institution that is otherwise permitted by law based on the actions of an employee, officer, or director of the financial institution. Section 30. Unaffected rights. The provisions of this Act shall not affect the rights of parties under Articles 3, 4, 4A, and 8 of the Uniform Commercial Code and other rules governing the processing of check, credit, debit, ACH, and wire transactions, provided that such rights shall be strictly construed to further the purposes and policies of the provisions therein and the application of such construction is not likely to impair the safety and soundness of the Illinois financial institution. Section 90. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. Section 92. The Banking Emergencies Act is amended by adding Section 5 as follows: (205 ILCS 610/5 new) Sec. 5. Year 2000 Consumer Protections. (a) For the purposes of this Section: (1) the term "Illinois financial institution" means: (A) a State bank, a national bank, or an out-of-state bank, as those terms are defined in the Illinois Banking Act, or any subsidiary of a State bank, a national bank, or an out-of-state bank; (B) a foreign banking corporation, as that term is defined in the Foreign Banking Office Act, or any subsidiary of a foreign banking corporation; (C) a corporate fiduciary, as that term is defined in the Corporate Fiduciary Act, or any subsidiary of a corporate fiduciary; (D) a savings bank organized under the Savings Bank Act, an out-of-state savings bank chartered under the laws of a state other than Illinois, a territory of the United States, or the District of Columbia, or a federal savings bank organized under federal law, or any subsidiary of a savings bank, an out-of-state savings bank, or a federal savings bank; (E) an association or federal association, as those terms are defined in the Illinois Savings and Loan Act of 1985, or any subsidiary of an association or federal association; (F) an out-of-state savings and loan association chartered under the laws of a state other than Illinois, a territory of the United States or the District of Columbia, or a federal savings and loan association organized under federal law whose principal business office is located outside of Illinois, or any subsidiary of an out-of-state savings and loan association or federal savings and loan association whose principal business office is located outside of Illinois; (G) a credit union, as defined in the Illinois Credit Union Act, or any subsidiary of a credit union; or (H) a network owned by one or more financial institutions, as those terms are defined in the Electronic Fund Transfer Act. (2) the term "consumer" means an individual person; and
HOUSE OF REPRESENTATIVES 5621 (3) the term "Year 2000 failure" means any failure by any device or system (including, without limitation, any computer system and any microchip or integrated circuit embedded in another device or product), or any software, firmware, or other set or collection of processing instructions, however constructed, in processing, calculating, comparing, sequencing, displaying, storing, transmitting, or receiving date-related data during the years 1999 and 2000 or from, into, or between the twentieth century and the twenty-first century, or the failure to recognize or accurately process any specific date, or the failure to accurately account for the status of the year 2000 as a leap year. (b) A financial institution shall stay an action for the collection of a debt from a consumer for 30 days if the consumer's default, failure to pay, breach, omission, or other violation of the agreement that is the basis of the collection action was caused by a Year 2000 failure on the part of any person, provided the consumer notifies the financial institution in writing of his or her inability to meet the debt obligation within 30 days of discovering the inability to meet the obligation due to the Year 2000 failure, and the notice sets forth: (1) the identity of the person experiencing the Year 2000 failure; (2) the reason such person's Year 2000 failure caused the consumer's inability to meet the obligation; and (3) the name and telephone number of a representative of the person experiencing the Year 2000 failure who the financial institution may call for purposes of verification. This subsection shall not be applied more than once in connection with the same debt of a consumer, nor shall it otherwise affect the consumer's underlying debt obligation, the accrual of any interest on the debt obligation, or the calculation of any period of delinquency for the debt obligation. (c) A financial institution shall not charge a late fee on a consumer debt obligation, or if already charged shall waive such late fee, if the consumer's failure to timely pay under the agreement that provides the basis for the late fee was caused by a Year 2000 failure on the part of any person, provided the consumer notifies the financial institution in writing of his or her inability to make timely payment within 30 days of discovering the inability to make timely payment due to the Year 2000 failure, and the notice sets forth: (1) the identity of the person experiencing the Year 2000 failure; (2) the reason such person's Year 2000 failure caused the consumer's inability to make timely payment; and (3) the name and telephone number of a representative of the person experiencing the Year 2000 failure who the financial institution may call for purposes of verification. This subsection shall not be applied more than once in connection with the same debt of a consumer, nor shall it otherwise affect the consumer's underlying debt obligation, the accrual of any interest on the debt obligation, or the calculation of any period of delinquency for the debt obligation. (d) A consumer may dispute directly with a credit reporting agency operating in this State any negative credit information reported in connection with the consumer resulting from a Year 2000 failure on the part of any person other than the consumer. If requested by the consumer pursuant to this subsection, the credit reporting agency shall include a statement prepared by the consumer of no more than 100 words in the consumer's file explaining the
5622 JOURNAL OF THE [May 21, 1999] negative credit information relating to such Year 2000 failure, and the credit reporting agency shall include the individual's statement in any report it provides to any person or entity regarding the consumer. The credit reporting agency shall not charge the consumer a fee for the inclusion of this statement in the consumer's credit file. Section 99. Effective Date. This Act takes effect upon becoming law." The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Capparelli, SENATE BILL 890 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 86, Yeas; 24, Nays; 5, Answering Present. (ROLL CALL 16) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 452, having been printed, were taken up for consideration. Representative Capparelli moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3. The motion prevailed. Ordered that the Clerk inform the Senate. RESOLUTIONS Having been reported out of the Committee on Transportation & Motor Vehicles earlier today, SENATE JOINT RESOLUTION 3 was taken up for consideration. Representative Jerry Mitchell moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 114, Yeas; 1, Nays; 0, Answering Present. (ROLL CALL 17) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON THIRD READING
HOUSE OF REPRESENTATIVES 5623 The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hoeft, SENATE BILL 827 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 18) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS Having been reported out of the Committee on Urban Revitilization earlier today, SENATE JOINT RESOLUTION 21 was taken up for consideration. Representative Silva moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on State Government Administraion earlier today, SENATE JOINT RESOLUTION 28 was taken up for consideration. Representative Klingler moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Higher Education earlier today, HOUSE RESOLUTION 304 was taken up for consideration. Representative Erwin moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Parke, SENATE BILL 43 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 112, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 20) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS
5624 JOURNAL OF THE [May 21, 1999] Senate Amendment No. 1 to HOUSE BILL 1134, having been printed, was taken up for consideration. Representative Crotty moved that the House concur with the Senate in the adoption of Amendment No. 1. And on that motion, a vote was taken resulting as follows: 59, Yeas; 50, Nays; 5, Answering Present. (ROLL CALL 21) VERIFIED ROLL CALL The motion lost. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 3:26 o'clock p.m. RESOLUTIONS HOUSE RESOLUTIONS 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 319, 320, 321, 322, 323, 326, 328, 330, 331, 332, 333, 334, 335 and 341 were taken up for consideration. Representative Lang moved the adoption of the resolutions. The motion prevailed and the Resolutions were adopted. RECESS At the hour of 3:50 o'clock p.m., Representative Brunsovold moved that the House do now take a recess until the call of the Chair. The motion prevailed. At the hour of 4:46 o'clock p.m., the House resumed its session. Representative Hannig in the Chair. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 3 was distributed to the Members at 4:51 o'clock p.m. RESOLUTIONS Having been reported out of the Committee on Rules earlier today, HOUSE RESOLUTION 266 was taken up for consideration. Representative Daniels moved the adoption of the resolution. The motion prevailed and the Resolution was adopted. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Revenue earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 1028, submitted to the House previously, was taken up for consideration. Representative Madigan moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 74, Yeas; 42, Nays; 0, Answering Present. (ROLL CALL 22) The motion prevailed and the First Conference Committee Report was adopted.
HOUSE OF REPRESENTATIVES 5625 Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Revenue earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 1018, submitted to the House previously, was taken up for consideration. Representative Madigan moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 104, Yeas; 11, Nays; 1, Answering Present. (ROLL CALL 23) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. Having been reported out of the Committee on Revenue earlier today, the First Conference Committee Report on House Amendment No. 1 to SENATE BILL 1066, submitted to the House previously, was taken up for consideration. Representative Madigan moved the First Conference Committee Report be adopted. And on the motion, a vote was taken resulting as follows: 71, Yeas; 43, Nays; 0, Answering Present. (ROLL CALL 24) The motion prevailed and the First Conference Committee Report was adopted. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 2793, having been printed, was taken up for consideration. Representative Hannig moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 2518, having been printed, was taken up for consideration. Representative Daniels moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 733, having been printed, was taken up for consideration. Representative Woolard moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 5 was distributed to the Members at 6:25 o'clock p.m. CONCURRENCES AND NON-CONCURRENCES
5626 JOURNAL OF THE [May 21, 1999] IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 2163, having been printed, were taken up for consideration. Representative Erwin moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 103, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 25) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 2163. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 311. Having been recalled on May 13, 1999, and held on the order of Second Reading, the same was again taken up. Representative Garrett offered and withdrew Amendment No. 1. There being no further amendments, the bill was ordered again held on the order of Second Reading. SENATE BILL 1017. Having been printed, was taken up and read by title a second time. Floor Amendments numbered 1 and 2 remained in the Committee on Rules. Representative Brunsvold offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 1017 AMENDMENT NO. 3. Amend Senate Bill 1017 by replacing the title with the following: "AN ACT in relation to gambling, amending named Acts."; and by replacing everything after the enacting clause with the following: "Section 5. The State Finance Act is amended by adding Sections 5.490, 5.491, and 5.492 as follows: (30 ILCS 105/5.490 new) Sec. 5.490. The Horse Racing Equity Fund. (30 ILCS 105/5.491 new) Sec. 5.491. The Illinois Racing Quarterhorse Breeders Fund. (30 ILCS 105/5.492 new) Sec. 5.492. The Horse Racing Fund. Section 10. The Illinois Horse Racing Act of 1975 is amended by changing Sections 3.04, 3.075, 14, 15, 18, 20, 21, 26, 26.1, 27, 27.1, 28, 29, and 30 and adding Sections 1.2, 1.3, 20.1, 28.1, 30.5, 32.1, 54, and 55 as follows: (230 ILCS 5/1.2 new) Sec. 1.2. Legislative intent. This Act is intended to benefit the people of the State of Illinois by assisting economic development and promoting Illinois tourism. The General Assembly finds and declares it to be the public policy of the State of Illinois to: (a) support and enhance Illinois' horse racing industry, which is a significant component within the agribusiness industry; (b) ensure that Illinois' horse racing industry remains
HOUSE OF REPRESENTATIVES 5627 competitive with neighboring states; (c) stimulate growth within Illinois' horse racing industry, thereby encouraging new investment and development to produce additional tax revenues and to create additional jobs; (d) promote the further growth of tourism; (e) encourage the breeding of thoroughbred and standardbred horses in this State; and (f) ensure that public confidence and trust in the credibility and integrity of racing operations and the regulatory process is maintained. (230 ILCS 5/1.3 new) Sec. 1.3. Legislative findings. (a) The General Assembly finds that the Illinois gaming industry is a single industry consisting of horse racing and riverboat gambling. Reports issued by the legislative Economic and Fiscal Commission in 1992, 1994, and 1998 have found that horse racing and riverboat gambling: (1) "share many of the same characteristics" and are "more alike than different"; (2) are planned events; (3) have similar odds of winning; (4) occur in similar settings; and (5) compete with each other for limited gaming dollars. (b) The General Assembly declares it to be the public policy of this State to ensure the viability of both horse racing and riverboat aspects of the Illinois gaming industry. (230 ILCS 5/3.04) (from Ch. 8, par. 37-3.04) Sec. 3.04. "Director of mutuels" means the individual representing the Board in the supervision and verification of the pari-mutuel wagering pool totals for each racing day, which verification shall be the basis for computing State privilege or pari-mutuel taxes, licensee commissions and purses. (Source: P.A. 89-16, eff. 5-30-95.) (230 ILCS 5/3.075) Sec. 3.075. (a) "Host track" means the organization licensee (i) conducting live thoroughbred racing between the hours of 6:30 a.m. and 6:30 p.m. from the first day to the last day of its horse racing meet as awarded by the Board (including all days within that period when no live racing occurs), except as otherwise provided in subsections (c) and (e) of this Section, or (ii) conducting live standardbred racing between the hours of 6:30 p.m. to 6:30 a.m. of the following day from the first day to the last day of its horse racing meet as awarded by the Board (including all days within that period when no live racing occurs, except as otherwise provided in subsections (b), (d), and (e) of this Section); provided that the organization licensee conducts live racing no fewer than 5 days per week with no fewer than 9 races per day, unless a lesser schedule of live racing is the result of (1) weather, unsafe track conditions, or other acts of God; (2) an agreement between the organization licensee and the associations representing the largest number of owners, trainers, and standardbred drivers who race horses at that organization licensee's race meeting, with the Board's consent; or (3) a decision by the Board after a public hearing (in which the associations representing the owners, trainers, jockeys, or standardbred drivers who race horses at that organization licensee's race meeting shall participate) either at the time racing dates are awarded or after those dates are awarded due to changed financial circumstances, upon a written petition from the organization licensee, accompanied by supporting financial data as requested by the Board, stating that the organization licensee has and will continue to incur significant financial losses. No organization
5628 JOURNAL OF THE [May 21, 1999] licensee conducting its race meeting in a county bordering the Mississippi River and having a population greater than 230,000 may be a host track for its race meeting. (b) (Blank). Notwithstanding the provisions of subsection (a) of this Section, any organization licensee that conducts a standardbred race meeting fewer than 5 days per week between the hours of 6:30 p.m. and 6:30 a.m. prior to December 31, 1995 in a county with a population of less than 1,000,000 and contiguous to the State of Indiana may be deemed a host track during those hours on days when no other organization licensee is conducting a standardbred race meeting during those hours. (c) (Blank). In the event 2 organization licensees are conducting thoroughbred race meetings concurrently between the hours of 6:30 a.m. and 6:30 p.m., the organization licensee with the most race dates between the hours of 6:30 a.m. and 6:30 p.m. awarded by the Board for that year shall be designated the host track. (d) Notwithstanding the provisions of subsection (a) of this Section and except as otherwise provided in subsection (e) of this Section, in the event that 2 organization licensees conduct their standardbred race meetings concurrently on any date after January 1, 1996, between the hours of 6:30 p.m. and 6:30 a.m., the organization licensee awarded the most racing dates between 6:30 p.m. and 6:30 a.m. during the calendar year in which that concurrent racing occurs will be deemed the host track, provided that the 2 organization licensees collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur no less than 5 days per week with no less than 9 races per day. During each week of the calendar year in which 2 organization licensees are conducting live standardbred race meetings between 6:30 p.m. and 6:30 a.m., if there is any day in that week on which only one organization licensee is conducting a standardbred race meeting between 6:30 p.m. and 6:30 a.m., that organization licensee shall be the host track provided that the 2 organization licensees collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur no less than 5 days per week with no less than 9 races per day. During each week of the calendar year in which 2 organization licensees are concurrently conducting live standardbred race meetings on one or more days between 6:30 p.m. and 6:30 a.m., if there is any day in that week on which no organization licensee is conducting a standardbred race meeting between 6:30 p.m. and 6:30 a.m., the organization licensee conducting a standardbred race meeting during that week and time period that has been awarded the most racing dates during the calendar year between 6:30 p.m. and 6:30 a.m. shall be the host track, provided that the 2 organization licensees collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur no less than 5 days per week with no less than 9 races per day. The requirement in this subsection (d) that live racing be conducted no less than 5 days per week with no less than 9 races per day shall be subject to exceptions set forth in items (1), (2), and (3) of subsection (a) of Section 3.075. (e) During any calendar period in which no organization licensee has been awarded a thoroughbred race meeting, the host track, between the hours of 6:30 a.m. and 6:30 p.m. of such period, shall be an organization licensee determined by the Board, provided the organization licensee has been awarded a thoroughbred race meeting in the current year and is eligible to be a host track. During the period from January 1 to the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois, the host track between 6:30 a.m. and 6:30 p.m. during this period of the year from
HOUSE OF REPRESENTATIVES 5629 the first day to the last day of its race meeting including all days when it does not conduct live racing between 6:30 a.m. and 6:30 p.m. is the organization licensee that conducts live standardbred racing between 6:30 a.m. and 6:30 p.m. during the week in which its race meeting occurs, provided that the organization licensee conducts live standardbred racing no less than 5 days per week with no less than 9 races per day. If 2 organization licensees are conducting standardbred race meetings concurrently on any day or on different days within the same week between the hours of 6:30 a.m. and 6:30 p.m. during the period from January 1 to the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, the host track shall be the organization licensee with the most race dates awarded by the Board between 6:30 a.m. and 6:30 p.m. for this period and shall be deemed the host track from the first day to the last day of its race meeting during this period including all days within the period when no live racing occurs, provided that the 2 organization licensees collectively conduct live standardbred racing between 6:30 a.m. and 6:30 p.m. during the week in which concurrent race meetings occur no less than 5 days per week with no less than 9 races per day. If 2 organization licenses are conducting standardbred race meetings concurrently on any day between the hours of 6:30 p.m. and 6:30 a.m. of January 1 to the third Friday in February, inclusive, the host track shall be the organization licensee with the most race dates awarded by the Board between 6:30 p.m. and 6:30 a.m. during this period, provided that the 2 organization licensees collectively conduct live standardbred racing between 6:30 p.m. and 6:30 a.m. during the week in which concurrent race meetings occur no less than 5 days per week with no less than 9 races per day. The requirement in this subsection (e) that live racing be conducted no less than 5 days per week with no less than 9 races per day shall be subject to exceptions set forth in subsections (1), (2), and (3) of subsection (a) of Section 3.075. (Source: P.A. 89-16, eff. 5-30-95.) (230 ILCS 5/14) (from Ch. 8, par. 37-14) Sec. 14. (a) The Board shall hold regular and special meetings at such times and places as may be necessary to perform properly and effectively all duties required under this Act. A majority of the members of the Board shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power which this Act requires the Board members to transact, perform or exercise en banc, except that upon order of the Board one of the Board members may conduct the hearing provided in Section 16. The Board member conducting such hearing shall have all powers and rights granted to the Board in this Act. The record made at the hearing shall be reviewed by the Board, or a majority thereof, and the findings and decision of the majority of the Board shall constitute the order of the Board in such case. (b) The Board shall obtain a court reporter who will be present at each regular and special meeting and proceeding and who shall make accurate transcriptions thereof except that when in the judgment of the Board an emergency situation requires a meeting by teleconference, the executive director shall prepare minutes of the meeting indicating the date and time of the meeting and which members of the Board were present or absent, summarizing all matters proposed, deliberated, or decided at the meeting, and indicating the results of all votes taken. The public shall be allowed to listen to the proceedings of that meeting at all Board branch offices. (c) The Board shall provide records which are separate and distinct from the records of any other State board or commission. Such records shall be available for public inspection and shall accurately reflect all Board proceedings.
5630 JOURNAL OF THE [May 21, 1999] (d) The Board shall file a written annual report with the Governor on or before March 1 each year and such additional reports as the Governor may request. The annual report shall include a statement of receipts and disbursements by the Board, actions taken by the Board, a report on the industry's progress toward the policy objectives established in Section 1.2 of this Act, and any additional information and recommendations which the Board may deem valuable or which the Governor may request. (e) The Board shall maintain a branch office on the ground of every organization licensee during the organization licensee's race meeting, which office shall be kept open throughout the time the race meeting is held. The Board shall designate one of its members, or an authorized agent of the Board who shall have the authority to act for the Board, to be in charge of the branch office during the time it is required to be kept open. (Source: P.A. 88-495; 89-16, eff. 5-30-95.) (230 ILCS 5/15) (from Ch. 8, par. 37-15) Sec. 15. (a) The Board shall, in its discretion, issue occupation licenses to horse owners, trainers, harness drivers, jockeys, agents, apprentices, grooms, stable foremen, exercise persons, veterinarians, valets, blacksmiths, concessionaires and others designated by the Board whose work, in whole or in part, is conducted upon facilities within the State. Such occupation licenses will be obtained prior to the persons engaging in their vocation upon such facilities. The Board shall not license pari-mutuel clerks, parking attendants, security guards and employees of concessionaires. No occupation license shall be required of any person who works at facilities within this State as a pari-mutuel clerk, parking attendant, security guard or as an employee of a concessionaire. Concessionaires of the Illinois State Fair and DuQuoin State Fair and employees of the Illinois Department of Agriculture shall not be required to obtain an occupation license by the Board. (b) Each application for an occupation license shall be on forms prescribed by the Board. Such license, when issued, shall be for the period ending December 31 of each year, except that the Board in its discretion may grant 3-year licenses. The application shall be accompanied by a fee of not more than $25 per year or, in the case of 3-year occupation license applications, a fee of not more than $60. Each applicant shall set forth in the application his full name and address, and if he had been issued prior occupation licenses or has been licensed in any other state under any other name, such name, his age, whether or not a permit or license issued to him in any other state has been suspended or revoked and if so whether such suspension or revocation is in effect at the time of the application, and such other information as the Board may require. Fees for registration of stable names shall not exceed $50.00. (c) The Board may in its discretion refuse an occupation license to any person: (1) who has been convicted of a crime; (2) who is unqualified to perform the duties required of such applicant; (3) who fails to disclose or states falsely any information called for in the application; (4) who has been found guilty of a violation of this Act or of the rules and regulations of the Board; or (5) whose license or permit has been suspended, revoked or denied for just cause in any other state. (d) The Board may suspend or revoke any occupation license: (1) for violation of any of the provisions of this Act; or (2) for violation of any of the rules or regulations of the Board; or
HOUSE OF REPRESENTATIVES 5631 (3) for any cause which, if known to the Board, would have justified the Board in refusing to issue such occupation license; or (4) for any other just cause. (e) Each applicant for licensure shall submit with his occupation license application, on forms provided by the Board, 2 sets of his fingerprints. All such applicants shall appear in person at the location designated by the Board for the purpose of submitting such sets of fingerprints; however, with the prior approval of a State steward, an applicant may have such sets of fingerprints taken by an official law enforcement agency and submitted to the Board. The Board shall cause one set of such fingerprints to be compared with fingerprints of criminals now or hereafter filed in the records of the Illinois Department of State Police. The Board shall also cause such fingerprints to be compared with fingerprints of criminals now or hereafter filed in the records of other official fingerprint files within or without this State. The Board may, in its discretion, require the applicant to pay a fee for the purpose of having his fingerprints processed. The fingerprint processing fee shall be set annually by the Director of State Police, based upon actual costs. (f) The Board may, in its discretion, issue an occupation license without submission of fingerprints if an applicant has been duly licensed in another recognized racing jurisdiction state after submitting fingerprints in that jurisdiction state. (Source: P.A. 88-495; 89-16, eff. 5-30-95.) (230 ILCS 5/18) (from Ch. 8, par. 37-18) Sec. 18. (a) Together with its application, each applicant for racing dates shall deliver to the Board a certified check or bank draft payable to the order of the Board for $1,000. In the event the applicant applies for racing dates in 2 or 3 successive calendar years as provided in subsection (b) of Section 21, the fee shall be $2,000. Filing fees shall not be refunded in the event the application is denied. (b) In addition to the filing fee of $1000 and the fees provided in subsection (j) of Section 20, each organization licensee shall pay a license fee of $100 for each racing program on which its daily pari-mutuel handle is $400,000 or more but less than $700,000, and a license fee of $200 for each racing program on which its daily pari-mutuel handle is $700,000 or more. The additional fees required to be paid under this Section by this amendatory Act of 1982 shall be remitted by the organization licensee to the Illinois Racing Board with each day's graduated privilege tax or pari-mutuel tax and breakage as provided under Section 27. (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois Municipal Code," approved May 29, 1961, as now or hereafter amended, shall not apply to any license under this Act. (Source: P.A. 88-495; 89-16, eff. 5-30-95.) (230 ILCS 5/20) (from Ch. 8, par. 37-20) Sec. 20. (a) Any person desiring to conduct a horse race meeting may apply to the Board for an organization license. The application shall be made on a form prescribed and furnished by the Board. The application shall specify: (1) the dates on which it intends to conduct the horse race meeting, which dates shall be provided under Section 21; (2) the hours of each racing day between which it intends to hold or conduct horse racing at such meeting; (3) the location where it proposes to conduct the meeting; and (4) any other information the Board may reasonably require. (b) A separate application for an organization license shall be
5632 JOURNAL OF THE [May 21, 1999] filed for each horse race meeting which such person proposes to hold. Any such application, if made by an individual, or by any individual as trustee, shall be signed and verified under oath by such individual. If made by individuals or a partnership, it shall be signed and verified under oath by at least 2 of such individuals or members of such partnership as the case may be. If made by an association, corporation, corporate trustee or any other entity, it shall be signed by the president and attested by the secretary or assistant secretary under the seal of such association, trust or corporation if it has a seal, and shall also be verified under oath by one of the signing officers. (c) The application shall specify the name of the persons, association, trust, or corporation making such application and the post office address of the applicant; if the applicant is a trustee, the names and addresses of the beneficiaries; if a corporation, the names and post office addresses of all officers, stockholders and directors; or if such stockholders hold stock as a nominee or fiduciary, the names and post office addresses of these persons, partnerships, corporations, or trusts who are the beneficial owners thereof or who are beneficially interested therein; and if a partnership, the names and post office addresses of all partners, general or limited; if the applicant is a corporation, the name of the state of its incorporation shall be specified. (d) The applicant shall execute and file with the Board a good faith affirmative action plan to recruit, train, and upgrade minorities in all classifications within the association. (e) With such application there shall be delivered to the Board a certified check or bank draft payable to the order of the Board for an amount equal to $1,000. All applications for the issuance of an organization license shall be filed with the Board before August 1 of the year prior to the year for which application for race dates is made and shall be acted upon by the Board at a meeting to be held on such date as shall be fixed by the Board during the last 15 days of September of such prior year provided, however, that for applications for 1996 racing dates, applications shall be filed prior to September 1, 1995. At such meeting, the Board shall announce the award of the racing meets, live racing schedule, and designation of host track to the applicants and its approval or disapproval of each application. to respective applicants racing dates for the year or years but No announcement shall be considered binding until a formal order is executed by the Board, which shall be executed no later than October 15 of that prior year. Absent the agreement of the affected organization licensees, the Board shall not grant overlapping race meetings to 2 or more tracks that are within 100 miles of each other to conduct the thoroughbred racing. (e-5) In reviewing an application for the purpose of granting an organization license consistent with the best interests of the public and the sport of horse racing, the Board shall consider: (1) the character, reputation, experience, and financial integrity of the applicant and of any other separate person that either: (i) controls the applicant, directly or indirectly, or (ii) is controlled, directly or indirectly, by that applicant or by a person who controls, directly or indirectly, that applicant; (2) the applicant's facilities or proposed facilities for conducting horse racing; (3) the total revenue without regard to Section 32.1 to be derived by the State and horsemen from the applicant's conducting a race meeting; (4) the applicant's good faith affirmative action plan to
HOUSE OF REPRESENTATIVES 5633 recruit, train, and upgrade minorities in all employment classifications; (5) the applicant's financial ability to purchase and maintain adequate liability and casualty insurance; (6) the applicant's proposed and prior year's promotional and marketing activities and expenditures of the applicant associated with those activities; (7) an agreement, if any, among organization licensees as provided in subsection (b) of Section 21 of this Act; and (8) the extent to which the applicant exceeds or meets other standards for the issuance of an organization license that the Board shall adopt by rule. In granting organization licenses and allocating dates for horse race meetings, the Board shall have discretion to determine an overall schedule, including required simulcasts of Illinois races by host tracks that will, in its judgment, be conducive to the best interests of the public and the sport of horse racing. (e-10) The Illinois Administrative Procedure Act shall apply to administrative procedures of the Board under this Act for the granting of an organization license, except that (1) notwithstanding the provisions of subsection (b) of Section 10-40 of the Illinois Administrative Procedure Act regarding cross-examination, the Board may prescribe rules limiting the right of an applicant or participant in any proceeding to award an organization license to conduct cross-examination of witnesses at that proceeding where that cross-examination would unduly obstruct the timely award of an organization license under subsection (e) of Section 20 of this Act; (2) the provisions of Section 10-45 of the Illinois Administrative Procedure Act regarding proposals for decision are excluded under this Act; (3) notwithstanding the provisions of subsection (a) of Section 10-60 of the Illinois Administrative Procedure Act regarding ex parte communications, the Board may prescribe rules allowing ex parte communications with applicants or participants in a proceeding to award an organization license where conducting those communications would be in the best interest of racing, provided all those communications are made part of the record of that proceeding pursuant to subsection (c) of Section 10-60 of the Illinois Administrative Procedure Act; (4) the provisions of Section 14a of this Act and the rules of the Board promulgated under that Section shall apply instead of the provisions of Article 10 of the Illinois Administrative Procedure Act regarding administrative law judges; and (5) the provisions of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that prevent summary suspension of a license pending revocation or other action shall not apply. (f) The Board may allot racing dates to an organization licensee for more than one calendar year but for no more than 3 successive calendar years in advance, provided that the Board shall review such allotment for more than one calendar year prior to each year for which such allotment has been made. The granting of an organization license to a person constitutes a privilege to conduct a horse race meeting under the provisions of this Act, and no person granted an organization license shall be deemed to have a vested interest, property right, or future expectation to receive an organization license in any subsequent year as a result of the granting of an organization license. Organization licenses shall be subject to revocation if the organization licensee has violated any provision of this Act or the rules and regulations promulgated under this Act or has been convicted of a crime or has failed to disclose or has stated falsely any information called for in the application for an organization license. Any organization license revocation proceeding shall be in accordance with Section 16 regarding suspension and
5634 JOURNAL OF THE [May 21, 1999] revocation of occupation licenses. (f-5) If, (i) an applicant does not file an acceptance of the racing dates awarded by the Board as required under part (1) of subsection (h) of this Section 20, or (ii) an organization licensee has its license suspended or revoked under this Act, the Board, upon conducting an emergency hearing as provided for in this Act, may reaward on an emergency basis pursuant to rules established by the Board, racing dates not accepted or the racing dates associated with any suspension or revocation period to one or more organization licensees, new applicants, or any combination thereof, upon terms and conditions that the Board determines are in the best interest of racing, provided, the organization licensees or new applicants receiving the awarded racing dates file an acceptance of those reawarded racing dates as required under paragraph (1) of subsection (h) of this Section 20 and comply with the other provisions of this Act. The Illinois Administrative Procedures Act shall not apply to the administrative procedures of the Board in conducting the emergency hearing and the reallocation of racing dates on an emergency basis. (g) (Blank). (h) The Board shall send the applicant a copy of its formally executed order by certified mail addressed to the applicant at the address stated in his application, which notice shall be mailed within 5 days of the date the formal order is executed. Each applicant notified shall, within 10 days after receipt of the final executed order of the Board awarding racing dates: (1) file with the Board an acceptance of such award in the form prescribed by the Board; (2) pay to the Board an additional amount equal to $110 for each racing date awarded; and (3) file with the Board the bonds required in Sections 21 and 25 at least 20 days prior to the first day of each race meeting. Upon compliance with the provisions of paragraphs (1), (2), and (3) of this subsection (h), the applicant shall be issued an organization license. If any applicant fails to comply with this Section or fails to pay the organization license fees herein provided, no organization license shall be issued to such applicant. (Source: P.A. 88-495; 89-16, eff. 5-30-95; 89-626, eff. 8-9-96.) (230 ILCS 5/20.1 new) Sec. 20.1. Authority of licensees. (a) Notwithstanding anything in this Act to the contrary, an organization licensee shall have authority to: (1) determine prices charged for goods and services; (2) determine prices charged for wagering products, subject to Sections 26 and 26.2 of this Act; (3) determine its hours of operation, subject to at least 30 days prior notice to the Board if such hours are different than provided such licensee's racing dates application; and (4) otherwise manage its business operations. (b) The Board may disapprove of any business practices by organization licensees identified in subsection (a) of this Section if the Board finds that such practices are detrimental to the public interest. (230 ILCS 5/21) (from Ch. 8, par. 37-21) Sec. 21. (a) Applications for organization licenses must be filed with the Board at a time and place prescribed by the rules and regulations of the Board. The Board shall examine the applications within 21 days after the date allowed for filing with respect to their conformity with this Act and such rules and regulations as may
HOUSE OF REPRESENTATIVES 5635 be prescribed by the Board. If any application does not comply with this Act or the rules and regulations prescribed by the Board, such application may be rejected and an organization license refused to the applicant, or the Board may, within 21 days of the receipt of such application, advise the applicant of the deficiencies of the application under the Act or the rules and regulations of the Board, and require the submittal of an amended application within a reasonable time determined by the Board; and upon submittal of the amended application by the applicant, the Board may consider the application consistent with the process described in subsection (e-5) of Section 20 of this Act. If it is found to be in compliance with this Act and the rules and regulations of the Board, the Board may then issue an organization license to such applicant. (b) The Board may exercise discretion in granting racing dates to qualified applicants different from those requested by the applicants in their applications. However, If all eligible applicants for organization licenses whose tracks are located within 100 miles of each other execute and submit to the Board a written agreement among such applicants as to the award of racing dates, including where applicable racing programs, for up to 3 consecutive years, then subject to annual review of each applicant's compliance with Board rules and regulations, provisions of this Act and conditions contained in annual dates orders issued by the Board, the Board may grant such dates and programs to such applicants as so agreed by them if the Board determines that the grant of these racing dates is in the best interests of racing. The Board shall treat any such agreement as the agreement signatories' joint and several application for racing dates during the term of the agreement. (c) Where 2 or more applicants propose to conduct horse race meetings within 35 miles of each other, as certified to the Board under Section 19 (a) (1) of this Act, on conflicting dates, the Board may determine and grant the number of racing days to be awarded to the several applicants in accordance with the provisions of subsection (e-5) of Section 20 of this Act. (d) (Blank). (e) Prior to the issuance of an organization license, the applicant shall file with the Board a bond payable to the State of Illinois in the sum of $200,000, executed by the applicant and a surety company or companies authorized to do business in this State, and conditioned upon the payment by the organization licensee of all taxes due under Section 27, other monies due and payable under this Act, all purses due and payable, and that the organization licensee will upon presentation of the winning ticket or tickets distribute all sums due to the patrons of pari-mutuel pools. (f) Each organization license shall specify the person to whom it is issued, the dates upon which horse racing is permitted, and the location, place, track, or enclosure where the horse race meeting is to be held. (g) Any person who owns one or more race tracks within the State may seek, in its own name, a separate organization license for each race track. (h) All racing conducted under such organization license is subject to this Act and to the rules and regulations from time to time prescribed by the Board, and every such organization license issued by the Board shall contain a recital to that effect. (i) Each such organization licensee may provide that at least one race per day may be devoted to the racing of quarter horses, appaloosas, arabians, or paints. (j) In acting on applications for organization licenses, the Board shall give weight to an organization license which has implemented a good faith affirmative action effort to recruit, train
5636 JOURNAL OF THE [May 21, 1999] and upgrade minorities in all classifications within the organization license. (Source: P.A. 89-16, eff. 5-30-95; 90-754, eff. 1-1-99.) (230 ILCS 5/26) (from Ch. 8, par. 37-26) Sec. 26. Wagering. (a) Any licensee may conduct and supervise the pari-mutuel system of wagering, as defined in Section 3.12 of this Act, on horse races conducted by an Illinois organization licensee or conducted at a racetrack located in another state or country and televised in Illinois in accordance with subsection (g) of Section 26 of this Act. Subject to the prior consent of the Board, licensees may supplement any pari-mutuel pool in order to guarantee a minimum distribution. Such pari-mutuel method of wagering shall not, under any circumstances if conducted under the provisions of this Act, be held or construed to be unlawful, other statutes of this State to the contrary notwithstanding. Subject to rules for advance wagering promulgated by the Board, any licensee may accept wagers up to 2 calendar days in advance of the day of the race wagered upon occurs. (b) No other method of betting, pool making, wagering or gambling shall be used or permitted by the licensee. Each licensee may retain, subject to the payment of all applicable taxes and purses, an amount not to exceed 17% of all money wagered under subsection (a) of this Section, except as may otherwise be permitted under this Act. (b-5) An individual may place a wager under the pari-mutuel system from any licensed location authorized under this Act provided that wager is electronically recorded in the manner described in Section 3.12 of this Act. Any wager made electronically by an individual while physically on the premises of a licensee shall be deemed to have been made at the premises of that licensee. (c) Until January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be paid to the Illinois Veterans' Rehabilitation Fund of the State treasury, except as provided in subsection (g) of Section 27 of this Act. (c-5) Beginning January 1, 2000, the sum held by any licensee for payment of outstanding pari-mutuel tickets, if unclaimed prior to December 31 of the next year, shall be retained by the licensee for payment of such tickets until that date. Within 10 days thereafter, the balance of such sum remaining unclaimed, less any uncashed supplements contributed by such licensee for the purpose of guaranteeing minimum distributions of any pari-mutuel pool, shall be evenly distributed to the purse account of the organization licensee and the organization licensee. (d) A pari-mutuel ticket shall be honored until December 31 of the next calendar year, and the licensee shall pay the same and may charge the amount thereof against unpaid money similarly accumulated on account of pari-mutuel tickets not presented for payment. (e) No licensee shall knowingly permit any minor, other than an employee of such licensee or an owner, trainer, jockey, driver, or employee thereof, to be admitted during a racing program unless accompanied by a parent or guardian, or any minor to be a patron of the pari-mutuel system of wagering conducted or supervised by it. The admission of any unaccompanied minor, other than an employee of the licensee or an owner, trainer, jockey, driver, or employee thereof at a race track is a Class C misdemeanor.
HOUSE OF REPRESENTATIVES 5637 (f) Notwithstanding the other provisions of this Act, an organization licensee may, contract with an entity in another state or country to permit any legal wagering entity in another state or country to accept wagers solely within such other state or country on races conducted by the organization licensee in this State. Beginning January 1, 2000, these wagers shall not be subject to State taxation. Until January 1, 2000, when the out-of-State entity conducts a pari-mutuel pool separate from the organization licensee, a privilege tax equal to 7 1/2% of all monies received by the organization licensee from entities in other states or countries pursuant to such contracts is imposed on the organization licensee, and such privilege tax shall be remitted to the Department of Revenue within 48 hours of receipt of the moneys from the simulcast. When the out-of-State entity conducts a combined pari-mutuel pool with the organization licensee, the tax shall be 10% of all monies received by the organization licensee with 25% of the receipts from this 10% tax to be distributed to the county in which the race was conducted. An organization licensee may permit one or more of its races to be utilized for pari-mutuel wagering at one or more locations in other states and may transmit audio and visual signals of races the organization licensee conducts to one or more locations outside the State or country and may also permit pari-mutuel pools in other states or countries to be combined with its gross or net wagering pools or with wagering pools established by other states. (g) A host track may accept interstate simulcast wagers on horse races conducted in other states or countries and shall control the number of signals and types of breeds of racing in its simulcast program, subject to the disapproval of the Board. The Board may prohibit a simulcast program only if it finds that the simulcast program is clearly adverse to the integrity of racing. The host track simulcast program shall include the signal of live racing of all organization licensees. All non-host licensees shall carry the host track simulcast program and accept wagers on all races included as part of the simulcast program upon which wagering is permitted. The costs and expenses of the host track and non-host licensees associated with interstate simulcast wagering, other than the interstate commission fee, shall be borne by the host track and all non-host licensees incurring these costs. The interstate commission fee shall not exceed 5% of Illinois handle on the interstate simulcast race or races without prior approval of the Board. The Board shall promulgate rules under which it may permit interstate commission fees in excess of 5%. The interstate commission fee and other fees charged by the sending racetrack, including, but not limited to, satellite decoder fees, shall be uniformly applied to the host track and all non-host licensees. (1) Between the hours of 6:30 a.m. and 6:30 p.m. an intertrack wagering licensee other than the host track may supplement the host track simulcast program with additional simulcast races or race programs, provided that between January 1 and the third Friday in February of any year, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, only thoroughbred races may be used for supplemental interstate simulcast purposes. The Board shall withhold approval for a supplemental interstate simulcast only if it finds that the simulcast is clearly adverse to the integrity of racing. A supplemental interstate simulcast may be transmitted from an intertrack wagering licensee to its affiliated non-host licensees. The interstate commission fee for a supplemental interstate simulcast shall be paid by the non-host licensee and its affiliated non-host licensees receiving the simulcast. (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
5638 JOURNAL OF THE [May 21, 1999] intertrack wagering licensee other than the host track may receive supplemental interstate simulcasts only with the consent of the host track, except when the Board finds that the simulcast is clearly adverse to the integrity of racing. Consent granted under this paragraph (2) to any intertrack wagering licensee shall be deemed consent to all non-host licensees. The interstate commission fee for the supplemental interstate simulcast shall be paid by all participating non-host licensees. (3) Each licensee conducting interstate simulcast wagering may retain, subject to the payment of all applicable taxes and the purses, an amount not to exceed 17% of all money wagered. If any licensee conducts the pari-mutuel system wagering on races conducted at racetracks in another state or country, each such race or race program shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax of that daily handle as provided in subsection (a) of Section 27. Until January 1, 2000, from the sums permitted to be retained pursuant to this subsection, each intertrack wagering location licensee shall pay 1% of the pari-mutuel handle wagered on simulcast wagering to the Horse Racing Tax Allocation Fund, subject to the provisions of subparagraph (B) of paragraph (11) of subsection (h) of Section 26 of this Act. (4) A licensee who receives an interstate simulcast may combine its gross or net pools with pools at the sending racetracks pursuant to rules established by the Board. All licensees combining their gross or net pools with pools at a sending racetrack shall adopt the take-out percentages of the sending racetrack. A licensee may also establish a separate pool and takeout structure for wagering purposes on races conducted at race tracks outside of the State of Illinois. The licensee may permit pari-mutuel wagers placed in other states or countries to be combined with its gross or net wagering pools or other wagering pools. (5) After the payment of the interstate commission fee (except for the interstate commission fee on a supplemental interstate simulcast, which shall be paid by the host track and by each non-host licensee through the host-track) and all applicable State and local taxes, except as provided in subsection (g) of Section 27 of this Act, the remainder of moneys retained from simulcast wagering pursuant to this subsection (g), and Section 26.2 shall be divided as follows: (A) For interstate simulcast wagers made at a host track, 50% to the host track and 50% to purses at the host track. (B) For wagers placed on interstate simulcast races, supplemental simulcasts as defined in subparagraphs (1) and (2), and separately pooled races conducted outside of the State of Illinois wagers made at a non-host licensee other than as provided in subparagraph (C) of paragraph (5) of this subsection (g) and paragraph (11) of this subsection (g), 25% to the host track, 25% to the non-host licensee, and 50% to the purses at the host track. (C) For interstate simulcast wagers made on a supplemental interstate simulcast, 25% to the host track, 25% to the non-host licensee from which the interstate commission fee shall be paid, and 50% to the purses at the host track. (D) For interstate simulcast wagers on a standardbred race or races made at a host track between the hours of 6:30 a.m. and 6:30 p.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is
HOUSE OF REPRESENTATIVES 5639 occurring in Illinois during this period, 50% to the host track and 50% to standardbred purses at the host track. (E) For interstate simulcast wagers on a standardbred race or races made at a non-host licensee between the hours of 6:30 a.m. and 6:30 p.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, 25% to the host track, 25% to the non-host licensee, and 50% to standardbred purses at the host track. (F) For interstate simulcast wagers on a thoroughbred race or races at a host track between the hours of 6:30 a.m. and 6:30 p.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, 50% to the host track and 50% to the host track's interstate simulcast purse pool to be distributed under paragraph (9) of this subsection (g). (G) For interstate simulcast wagers on a thoroughbred race or races at a non-host licensee between the hours of 6:30 a.m. and 6:30 p.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, 25% to the host track, 25% to the non-host licensee, and 50% to the host track's interstate simulcast purse pool to be distributed under paragraph (9) of this subsection (g). (H) For supplemental interstate simulcast wagers on a thoroughbred race or races at a non-host licensee between the hours of 6:30 a.m. and 6:30 p.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, 50% to the non-host licensee and 50% to thoroughbred purses at the track from which the non-host licensee derives its license. (I) For interstate simulcast wagers at a host track and non-host licensees between the hours of 6:30 p.m. and 6:30 a.m. between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, as set forth in subparagraphs (A), (B), and (C) of this paragraph (5) and paragraph (8.1) of subsection (g). (J) For interstate simulcast wagers at a host track and non-host licensees on thoroughbred and standardbred races between January 1 and the third Friday in February, inclusive, if thoroughbred horses are racing in Illinois during this period, as set forth in subparagraphs (A), (B), and (C) of this paragraph (5). (6) Notwithstanding any provision in this Act to the contrary, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River may receive supplemental interstate simulcast races at all times subject to Board approval, which shall be withheld only upon a finding that a supplemental interstate simulcast is clearly adverse to the integrity of racing. (7) Notwithstanding any provision of this Act to the contrary, after payment of all applicable State and local taxes and interstate commission fees, non-host licensees who derive their licenses from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain 50% of the retention from interstate simulcast wagers and shall pay 50% to purses at the track from which the non-host
5640 JOURNAL OF THE [May 21, 1999] licensee derives its license as follows: (A) Between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, when the interstate simulcast is a standardbred race, the purse share to its standardbred purse account; (B) Between January 1 and the third Friday in February, inclusive, if no live thoroughbred racing is occurring in Illinois during this period, and the interstate simulcast is a thoroughbred race, the purse share to its interstate simulcast purse pool to be distributed under paragraph (10) of this subsection (g); (C) Between January 1 and the third Friday in February, inclusive, if live thoroughbred racing is occurring in Illinois, between 6:30 a.m. and 6:30 p.m. the purse share from wagers made during this time period to its thoroughbred purse account and between 6:30 p.m. and 6:30 a.m. the purse share from wagers made during this time period to its standardbred purse accounts; (D) Between the third Saturday in February and December 31, when the interstate simulcast occurs between the hours of 6:30 a.m. and 6:30 p.m., the purse share to its thoroughbred purse account; (E) Between the third Saturday in February and December 31, when the interstate simulcast occurs between the hours of 6:30 p.m. and 6:30 a.m., the purse share to its standardbred purse account. (8) Notwithstanding any provision in this Act to the contrary, an organization licensee from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River and its affiliated non-host licensees shall not be entitled to share in any retention generated on racing, inter-track wagering, or simulcast wagering at any other Illinois wagering facility track. (8.1) Notwithstanding any provisions in this Act to the contrary, if 2 organization licensees are conducting standardbred race meetings concurrently between the hours of 6:30 p.m. and 6:30 a.m., after payment of all applicable State and local taxes and interstate commission fees, the remainder of the amount retained from simulcast wagering otherwise attributable to the host track and to host track purses shall be split daily between the 2 organization licensees and the purses at the tracks of the 2 organization licensees, respectively, based on each organization licensee's share of the total live handle for that day, provided that this provision shall not apply to any non-host licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River. (9) (Blank). The amount paid to an interstate simulcast purse pool under subparagraphs (F) and (G) of paragraph (5) of this subsection (g) shall be distributed as follows: (A) First to supplement the standardbred purse account of the host track such that purses earned for a single standardbred race program between the hours of 6:30 a.m. and 6:30 p.m. of the host track between January 1 and the third Friday in February, if no live thoroughbred racing is occurring in Illinois during this period, equals $75,000. For any race program during this period where the number of live races is less than 9, the guarantee of purses for that program shall be reduced by $8,333 for each race fewer than 9;
HOUSE OF REPRESENTATIVES 5641 (B) Any amount remaining in the simulcast purse pool after the payments required in subparagraph (A) of this paragraph (9) shall be distributed 50% to the standardbred purse account at the host track and 50% to thoroughbred purse accounts, excluding purse accounts at tracks located in a county with a population in excess of 230,000 and that borders the Mississippi River. The thoroughbred purse share shall be distributed to thoroughbred tracks on a pro rata basis based on each track's 1994 Illinois on-track handle on live thoroughbred races relative to total 1994 Illinois on-track handle on live thoroughbred races, excluding handle on live thoroughbred races at a track located in a county with a population in excess of 230,000 and that borders the Mississippi River; (10) (Blank). The amount paid to the interstate simulcast purse pool under subparagraph (B) of paragraph (7) of this subsection (g) shall be distributed as follows: (A) First, to supplement the standardbred purse account such that the purses earned for each standardbred race program between January 1 and the third Friday in February, if no live thoroughbred racing is occurring in Illinois during this period, equals $24,000. For any program during this period where the number of live races is less than 9, the $24,000 purse guarantee shall be reduced by $2,666 per race. (B) Any amount remaining in the simulcast purse pool after the payment required in subparagraph (A) of this paragraph (10) shall be distributed 50% to standardbred purses and 50% to thoroughbred purses at the race track specified in paragraph (7) of this subsection (g). (11) (Blank). Notwithstanding any provision in this Act to the contrary, subsequent to the effective date of this amendatory Act of 1995 and prior to December 31, 1995, a non-host licensee that conducts live standardbred racing between the hours of 6:30 a.m. and 6:30 p.m. on Tuesdays at a track located in a county with a population of less than 1,000,000 and that is contiguous to the State of Indiana may retain for its own account and its purse account for standardbred racing between the hours of 6:30 a.m. and 6:30 p.m. on Tuesdays: (A) All commissions and all purse monies generated at the non-host licensee's race track from simulcast wagering during its live program between 6:30 a.m. and 6:30 p.m. on each Tuesday, which would otherwise be allocated to the host track and purses at the host track and purses as provided in subparagraph (B) of paragraph (5) of this subsection (g); and (B) To the extent the amounts described in subparagraph (A) of paragraph (11) of this subsection (g) are insufficient to equal the average amount of commissions and the average amount of purses earned on standardbred racing at the non-host licensee's track between 6:30 a.m. and 6:30 p.m. on Tuesdays during the 1994 calendar year as determined by the Board, during the days the non-host licensee's track conducts standardbred racing between 6:30 a.m. and 6:30 p.m. on each Tuesday from July 1, 1995, to December 31, 1995, all inter-track wagering location licensees, except inter-track wagering location licensees affiliated with a track location in a county with a population of 230,000 and that borders the Mississippi River shall allocate from amounts retained from simulcast wagering between 6:30 a.m. and 6:30 p.m. on each Tuesday from July 1,
5642 JOURNAL OF THE [May 21, 1999] 1995, to December 31, 1995 which would otherwise be allocated to the host track and purses at the host track, as provided in subparagraph (B) of paragraph (5) of this subsection (g), to the non-host track and purses at the non-host licensee, on a pro rata basis, based on each inter-track wagering location licensee's share of the total handle on simulcast wagering at the facilities of all inter-track wagering location licensees, excluding those intertrack wagering location licensees affiliated with a track located in a county with a population of 230,000 and that borders the Mississippi River for that Tuesday, so that the non-host licensee's commissions and purses earned for standardbred racing between 6:30 a.m. and 6:30 p.m. on the given Tuesday in 1995 equals the average amount of commissions and purses earned on standardbred racing at the non-host licensee's track between 6:30 a.m. and 6:30 p.m. on Tuesdays during the 1994 calendar year as determined by the Board. Within 72 hours after the non-host licensee holds standardbred races between 6:30 a.m. and 6:30 p.m. in calendar year 1995 on a Tuesday and after enactment of this amendatory Act of 1995, the Board shall notify each inter-track wagering location licensee of the amount from its simulcast wagering between 6:30 a.m. and 6:30 p.m. on each Tuesday in 1995 to be allocated to the non-host licensee and purses for standardbred racing at the non-host licensee for that Tuesday. (12) The Board shall have authority to compel all host tracks to receive the simulcast of any or all races conducted at the Springfield or DuQuoin State fairgrounds and include all such races as part of their simulcast programs. (13) Notwithstanding any other provision of this Act, in the event that the total Illinois pari-mutuel handle on Illinois horse races at all wagering facilities in any calendar year is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at all such wagering facilities for calendar year 1994, then each wagering facility that has an annual total Illinois pari-mutuel handle on Illinois horse races that is less than 75% of the total Illinois pari-mutuel handle on Illinois horse races at such wagering facility for calendar year 1994, shall be permitted to receive, from any amount otherwise payable to the purse account at the race track with which the wagering facility is affiliated in the succeeding calendar year, an amount equal to 2% of the differential in total Illinois pari-mutuel handle on Illinois horse races at the wagering facility between that calendar year in question and 1994 provided, however, that a wagering facility shall not be entitled to any such payment until the Board certifies in writing to the wagering facility the amount to which the wagering facility is entitled and a schedule for payment of the amount to the wagering facility, based on: (i) the racing dates awarded to the race track affiliated with the wagering facility during the succeeding year; (ii) the sums available or anticipated to be available in the purse account of the race track affiliated with the wagering facility for purses during the succeeding year; and (iii) the need to ensure reasonable purse levels during the payment period. The Board's certification shall be provided no later than January 31 of the succeeding year. In the event a wagering facility entitled to a payment under this paragraph (13) is affiliated with a race track that maintains purse accounts for both standardbred and thoroughbred racing, the amount to be paid to the wagering facility shall be divided between each purse account pro rata,
HOUSE OF REPRESENTATIVES 5643 based on the amount of Illinois handle on Illinois standardbred and thoroughbred racing respectively at the wagering facility during the previous calendar year. Annually, the General Assembly shall appropriate sufficient funds from the General Revenue Fund to the Department of Agriculture for payment into the thoroughbred and standardbred horse racing purse accounts at Illinois pari-mutuel tracks. The amount paid to each purse account shall be the amount certified by the Illinois Racing Board in January to be transferred from each account to each eligible racing facility in accordance with the provisions of this Section. (h) The Board may approve and license the conduct of inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees subject to the following terms and conditions: (1) Any person licensed to conduct a race meeting at a track where 60 or more days of racing were conducted during the immediately preceding calendar year or where over the 5 immediately preceding calendar years an average of 30 or more days of racing were conducted annually or at a track located in a county that is bounded by the Mississippi River, which has a population of less than 150,000 according to the 1990 decennial census, and an average of at least 60 days of racing per year between 1985 and 1993 may be issued an inter-track wagering license. Any such person having operating control of the racing facility may also receive up to 6 inter-track wagering location licenses. In no event shall more than 6 inter-track wagering locations be established for each eligible race track, except that an eligible race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River may establish up to 7 inter-track wagering locations. An application for said license shall be filed with the Board prior to such dates as may be fixed by the Board. With an application for an inter-track wagering location license there shall be delivered to the Board a certified check or bank draft payable to the order of the Board for an amount equal to $500. The application shall be on forms prescribed and furnished by the Board. The application shall comply with all other rules, regulations and conditions imposed by the Board in connection therewith. (2) The Board shall examine the applications with respect to their conformity with this Act and the rules and regulations imposed by the Board. If found to be in compliance with the Act and rules and regulations of the Board, the Board may then issue a license to conduct inter-track wagering and simulcast wagering to such applicant. All such applications shall be acted upon by the Board at a meeting to be held on such date as may be fixed by the Board. (3) In granting licenses to conduct inter-track wagering and simulcast wagering, the Board shall give due consideration to the best interests of the public, of horse racing, and of maximizing revenue to the State. (4) Prior to the issuance of a license to conduct inter-track wagering and simulcast wagering, the applicant shall file with the Board a bond payable to the State of Illinois in the sum of $50,000, executed by the applicant and a surety company or companies authorized to do business in this State, and conditioned upon (i) the payment by the licensee of all taxes due under Section 27 or 27.1 and any other monies due and payable under this Act, and (ii) distribution by the licensee, upon presentation of the winning ticket or tickets, of all sums
5644 JOURNAL OF THE [May 21, 1999] payable to the patrons of pari-mutuel pools. (5) Each license to conduct inter-track wagering and simulcast wagering shall specify the person to whom it is issued, the dates on which such wagering is permitted, and the track or location where the wagering is to be conducted. (6) All wagering under such license is subject to this Act and to the rules and regulations from time to time prescribed by the Board, and every such license issued by the Board shall contain a recital to that effect. (7) An inter-track wagering licensee or inter-track wagering location licensee may accept wagers at the track or location where it is licensed, or as otherwise provided under this Act. (8) Inter-track wagering or simulcast wagering shall not be conducted at any track less than 5 miles from a track at which a racing meeting is in progress. (8.1) Inter-track wagering location licensees who derive their licenses from a particular organization licensee shall conduct inter-track wagering and simulcast wagering only at locations which are either within 90 miles of that race track where the particular organization licensee is licensed to conduct racing, or within 135 miles of that race track where the particular organization licensee is licensed to conduct racing in the case of race tracks in counties of less than 400,000 that were operating on or before June 1, 1986. However, inter-track wagering and simulcast wagering shall not be conducted by those licensees at any location within 5 miles of any race track at which a horse race meeting has been licensed in the current year, unless the person having operating control of such race track has given its written consent to such inter-track wagering location licensees, which consent must be filed with the Board at or prior to the time application is made. (8.2) Inter-track wagering or simulcast wagering shall not be conducted by an inter-track wagering location licensee at any location within 500 feet of an existing church or existing school, nor within 500 feet of the residences of more than 50 registered voters without receiving written permission from a majority of the registered voters at such residences. Such written permission statements shall be filed with the Board. The distance of 500 feet shall be measured to the nearest part of any building used for worship services, education programs, residential purposes, or conducting inter-track wagering by an inter-track wagering location licensee, and not to property boundaries. However, inter-track wagering or simulcast wagering may be conducted at a site within 500 feet of a church, school or residences of 50 or more registered voters if such church, school or residences have been erected or established, or such voters have been registered, after the Board issues the original inter-track wagering location license at the site in question. Inter-track wagering location licensees may conduct inter-track wagering and simulcast wagering only in areas that are zoned for commercial or manufacturing purposes or in areas for which a special use has been approved by the local zoning authority. However, no license to conduct inter-track wagering and simulcast wagering shall be granted by the Board with respect to any inter-track wagering location within the jurisdiction of any local zoning authority which has, by ordinance or by resolution, prohibited the establishment of an inter-track wagering location within its jurisdiction. However, inter-track wagering and simulcast wagering may be conducted at a site if such ordinance or resolution is enacted after the Board licenses the original
HOUSE OF REPRESENTATIVES 5645 inter-track wagering location licensee for the site in question. (9) (Blank). (10) An inter-track wagering licensee or an inter-track wagering location licensee may retain, subject to the payment of the privilege taxes and the purses, an amount not to exceed 17% of all money wagered. Each program of racing conducted by each inter-track wagering licensee or inter-track wagering location licensee shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege tax or pari-mutuel tax on such daily handle as provided in Section 27 27.1. (10.1) Except as provided in subsection (g) of Section 27 of this Act, inter-track wagering location licensees shall pay 1% of the pari-mutuel handle at each location to the municipality in which such location is situated and 1% of the pari-mutuel handle at each location to the county in which such location is situated. In the event that an inter-track wagering location licensee is situated in an unincorporated area of a county, such licensee shall pay 2% of the pari-mutuel handle from such location to such county. (10.2) Notwithstanding any other provision of this Act, with respect to intertrack wagering at a race track located in a county that has a population of more than 230,000 and that is bounded by the Mississippi River ("the first race track"), or at a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, on races conducted at the first race track or on races conducted at another Illinois race track and simultaneously televised to the first race track or to a facility operated by an inter-track wagering licensee or inter-track wagering location licensee that derives its license from the organization licensee that operates the first race track, those moneys shall be allocated as follows: (A) That portion of all moneys wagered on standardbred racing that is required under this Act to be paid to purses shall be paid to purses for standardbred races. (B) That portion of all moneys wagered on thoroughbred racing that is required under this Act to be paid to purses shall be paid to purses for thoroughbred races. (11) (A) After payment of the privilege or pari-mutuel tax, any other applicable taxes, and the costs and expenses in connection with the gathering, transmission, and dissemination of all data necessary to the conduct of inter-track wagering, the remainder of the monies retained under either Section 26 or Section 26.2 of this Act by the inter-track wagering licensee on inter-track wagering shall be allocated with 50% to be split between the 2 participating licensees and 50% to purses, except that an intertrack wagering licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the Illinois organization licensee that provides the race or races, and an intertrack wagering licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with that organization licensee. (B) From the sums permitted to be retained pursuant to this Act each inter-track wagering location licensee shall pay (i) the privilege or pari-mutuel tax to the State; (ii) 4.75% 4% of the
5646 JOURNAL OF THE [May 21, 1999] pari-mutuel handle on intertrack wagering at such location on races as purses, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall retain all purse moneys for its own purse account consistent with distribution set forth in this subsection (h), and intertrack wagering location licensees that accept wagers on races conducted by an organization licensee located in a county with a population in excess of 230,000 and that borders the Mississippi River shall distribute all purse moneys to purses at the operating host track; (iii) until January 1, 2000, except as provided in subsection (g) of Section 27 of this Act, 1% of the pari-mutuel handle wagered on inter-track wagering and simulcast wagering at each inter-track wagering location licensee facility to the Horse Racing Tax Allocation Fund, provided that, to the extent the total amount collected and distributed to the Horse Racing Tax Allocation Fund under this subsection (h) during any calendar year exceeds the amount collected and distributed to the Horse Racing Tax Allocation Fund during calendar year 1994, that excess amount shall be redistributed (I) to all inter-track wagering location licensees, based on each licensee's pro-rata share of the total handle from inter-track wagering and simulcast wagering for all inter-track wagering location licensees during the calendar year in which this provision is applicable; then (II) the amounts redistributed to each inter-track wagering location licensee as described in subpart (I) shall be further redistributed as provided in subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 provided first, that the shares of those amounts, which are to be redistributed to the host track or to purses at the host track under subparagraph (B) of paragraph (5) of subsection (g) of this Section 26 shall be redistributed based on each host track's pro rata share of the total inter-track wagering and simulcast wagering handle at all host tracks during the calendar year in question, and second, that any amounts redistributed as described in part (I) to an inter-track wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall be further redistributed as provided in subparagraphs (D) and (E) of paragraph (7) of subsection (g) of this Section 26, with the portion of that further redistribution allocated to purses at that organization licensee to be divided between standardbred purses and thoroughbred purses based on the amounts otherwise allocated to purses at that organization licensee during the calendar year in question; and (iv) 8% of the pari-mutuel handle on inter-track wagering wagered at such location to satisfy all costs and expenses of conducting its wagering. The remainder of the monies retained by the inter-track wagering location licensee shall be allocated 40% to the location licensee and 60% to the organization licensee which provides the Illinois races to the location, except that an intertrack wagering location licensee that derives its license from a track located in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee that provides the race or races and an intertrack wagering location licensee that accepts wagers on races conducted by an organization licensee that conducts a race meet in a county with a population in excess of 230,000 and that borders the Mississippi River shall not divide any remaining retention with the organization licensee.
HOUSE OF REPRESENTATIVES 5647 Notwithstanding the provisions of clauses (ii) and (iv) of this paragraph, in the case of the additional inter-track wagering location licenses authorized under paragraph (1) of this subsection (h) by this amendatory Act of 1991, those licensees shall pay the following amounts as purses: during the first 12 months the licensee is in operation, 5.25% 4.5% of the pari-mutuel handle wagered at the location on races; during the second 12 months, 5.25% 4.5%; during the third 12 months, 5.75% 5%; during the fourth 12 months, 6.25% 5.5%; and during the fifth 12 months and thereafter, 6.75% 6%. The following amounts shall be retained by the licensee to satisfy all costs and expenses of conducting its wagering: during the first 12 months the licensee is in operation, 8.25% 7.5% of the pari-mutuel handle wagered at the location; during the second 12 months, 8.25% 7.5%; during the third 12 months, 7.75% 7%; during the fourth 12 months, 7.25% 6.5%; and during the fifth 12 months and thereafter, 6.75% 6%. For additional intertrack wagering location licensees authorized under this amendatory Act of 1995, purses for the first 12 months the licensee is in operation shall be 5.75% 5% of the pari-mutuel wagered at the location, purses for the second 12 months the licensee is in operation shall be 6.25% 5 1/2%, and purses thereafter shall be 6.75% 6%. For additional intertrack location licensees authorized under this amendatory Act of 1995, the licensee shall be allowed to retain to satisfy all costs and expenses: 7.75% 7% of the pari-mutuel handle wagered at the location during its first 12 months of operation, 7.25% 6.5% during its second 12 months of operation, and 6.75% 6% thereafter. (C) There is hereby created the Horse Racing Tax Allocation Fund which shall remain in existence until December 31, 1999. Moneys remaining in the Fund after December 31, 1999 shall be paid into the General Revenue Fund. Until January 1, 2000, all monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) by inter-track wagering location licensees located in park districts of 500,000 population or less, or in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, and operating on May 1, 1994 shall be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois
5648 JOURNAL OF THE [May 21, 1999] Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to park districts or municipalities that do not have a park district of 500,000 population or less for museum purposes (if an inter-track wagering location licensee is located in such a park district) or to conservation districts for museum purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district but is included within a conservation district and is the county seat of a county that (i) is contiguous to the state of Indiana and (ii) has a 1990 population of 88,257 according to the United States Bureau of the Census, except that if the conservation district does not maintain a museum, the monies shall be allocated equally between the county and the municipality in which the inter-track wagering location licensee is located for general purposes) or to a municipal recreation board for park purposes (if an inter-track wagering location licensee is located in a municipality that is not included within any park district and park maintenance is the function of the municipal recreation board and the municipality has a 1990 population of 9,302 according to the United States Bureau of the Census); provided that the monies are distributed to each park district or conservation district or municipality that does not have a park district in an amount equal to four-sevenths of the amount collected by each inter-track wagering location licensee within the park district or conservation district or municipality for the Fund. Monies that were paid into the Horse Racing Tax Allocation Fund before the effective date of this amendatory Act of 1991 by an inter-track wagering location licensee located in a municipality that is not included within any park district but is included within a conservation district as provided in this paragraph shall, as soon as practicable after the effective date of this amendatory Act of 1991, be allocated and paid to that conservation district as provided in this paragraph. Any park district or municipality not maintaining a museum may deposit the monies in the corporate fund of the park district or municipality where the inter-track wagering location is located, to be used for general purposes; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and making an appropriation therefor", approved July 24, 1967. Until January 1, 2000, all other monies paid into the Horse Racing Tax Allocation Fund pursuant to this paragraph (11) shall
HOUSE OF REPRESENTATIVES 5649 be allocated by appropriation as follows: Two-sevenths to the Department of Agriculture. Fifty percent of this two-sevenths shall be used to promote the Illinois horse racing and breeding industry, and shall be distributed by the Department of Agriculture upon the advice of a 9-member committee appointed by the Governor consisting of the following members: the Director of Agriculture, who shall serve as chairman; 2 representatives of organization licensees conducting thoroughbred race meetings in this State, recommended by those licensees; 2 representatives of organization licensees conducting standardbred race meetings in this State, recommended by those licensees; a representative of the Illinois Thoroughbred Breeders and Owners Foundation, recommended by that Foundation; a representative of the Illinois Standardbred Owners and Breeders Association, recommended by that Association; a representative of the Horsemen's Benevolent and Protective Association or any successor organization thereto established in Illinois comprised of the largest number of owners and trainers, recommended by that Association or that successor organization; and a representative of the Illinois Harness Horsemen's Association, recommended by that Association. Committee members shall serve for terms of 2 years, commencing January 1 of each even-numbered year. If a representative of any of the above-named entities has not been recommended by January 1 of any even-numbered year, the Governor shall appoint a committee member to fill that position. Committee members shall receive no compensation for their services as members but shall be reimbursed for all actual and necessary expenses and disbursements incurred in the performance of their official duties. The remaining 50% of this two-sevenths shall be distributed to county fairs for premiums and rehabilitation as set forth in the Agricultural Fair Act; Four-sevenths to museums and aquariums located in park districts of over 500,000 population; provided that the monies are distributed in accordance with the previous year's distribution of the maintenance tax for such museums and aquariums as provided in Section 2 of the Park District Aquarium and Museum Act; and One-seventh to the Agricultural Premium Fund to be used for distribution to agricultural home economics extension councils in accordance with "An Act in relation to additional support and finances for the Agricultural and Home Economic Extension Councils in the several counties of this State and making an appropriation therefor", approved July 24, 1967. This subparagraph (C) shall be inoperative and of no force and effect on and after January 1, 2000. (D) Except as provided in paragraph (11) of this subsection (h), with respect to purse allocation from intertrack wagering, the monies so retained shall be divided as follows: (i) If the inter-track wagering licensee, except an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, is not conducting its own race meeting during the same dates, then the entire purse allocation shall be to purses at the track where the races wagered on are being conducted. (ii) If the inter-track wagering licensee, except
5650 JOURNAL OF THE [May 21, 1999] an intertrack wagering licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, is also conducting its own race meeting during the same dates, then the purse allocation shall be as follows: 50% to purses at the track where the races wagered on are being conducted; 50% to purses at the track where the inter-track wagering licensee is accepting such wagers. (iii) If the inter-track wagering is being conducted by an inter-track wagering location licensee, except an intertrack wagering location licensee that derives its license from an organization licensee located in a county with a population in excess of 230,000 and bounded by the Mississippi River, the entire purse allocation for Illinois races shall be to purses at the track where the race meeting being wagered on is being held. (12) The Board shall have all powers necessary and proper to fully supervise and control the conduct of inter-track wagering and simulcast wagering by inter-track wagering licensees and inter-track wagering location licensees, including, but not limited to the following: (A) The Board is vested with power to promulgate reasonable rules and regulations for the purpose of administering the conduct of this wagering and to prescribe reasonable rules, regulations and conditions under which such wagering shall be held and conducted. Such rules and regulations are to provide for the prevention of practices detrimental to the public interest and for the best interests of said wagering and to impose penalties for violations thereof. (B) The Board, and any person or persons to whom it delegates this power, is vested with the power to enter the facilities of any licensee to determine whether there has been compliance with the provisions of this Act and the rules and regulations relating to the conduct of such wagering. (C) The Board, and any person or persons to whom it delegates this power, may eject or exclude from any licensee's facilities, any person whose conduct or reputation is such that his presence on such premises may, in the opinion of the Board, call into the question the honesty and integrity of, or interfere with the orderly conduct of such wagering; provided, however, that no person shall be excluded or ejected from such premises solely on the grounds of race, color, creed, national origin, ancestry, or sex. (D) (Blank). (E) The Board is vested with the power to appoint delegates to execute any of the powers granted to it under this Section for the purpose of administering this wagering and any rules and regulations promulgated in accordance with this Act. (F) The Board shall name and appoint a State director of this wagering who shall be a representative of the Board and whose duty it shall be to supervise the conduct of inter-track wagering as may be provided for by the rules and regulations of the Board; such rules and regulation shall specify the method of appointment and the Director's powers, authority and duties.
HOUSE OF REPRESENTATIVES 5651 (G) The Board is vested with the power to impose civil penalties of up to $5,000 against individuals and up to $10,000 against licensees for each violation of any provision of this Act relating to the conduct of this wagering, any rules adopted by the Board, any order of the Board or any other action which in the Board's discretion, is a detriment or impediment to such wagering. (13) The Department of Agriculture may enter into agreements with licensees authorizing such licensees to conduct inter-track wagering on races to be held at the licensed race meetings conducted by the Department of Agriculture. Such agreement shall specify the races of the Department of Agriculture's licensed race meeting upon which the licensees will conduct wagering. In the event that a licensee conducts inter-track pari-mutuel wagering on races from the Illinois State Fair or DuQuoin State Fair which are in addition to the licensee's previously approved racing program, those races shall be considered a separate racing day for the purpose of determining the daily handle and computing the privilege or pari-mutuel tax on that daily handle as provided in Sections 27 and 27.1. Such agreements shall be approved by the Board before such wagering may be conducted. In determining whether to grant approval, the Board shall give due consideration to the best interests of the public and of horse racing. The provisions of paragraphs (1), (8), (8.1), and (8.2) of subsection (h) of this Section which are not specified in this paragraph (13) shall not apply to licensed race meetings conducted by the Department of Agriculture at the Illinois State Fair in Sangamon County or the DuQuoin State Fair in Perry County, or to any wagering conducted on those race meetings. (i) Notwithstanding the other provisions of this Act, the conduct of wagering at wagering facilities is authorized on all days, except as limited by subsection (b) of Section 19 of this Act. (Source: P.A. 88-358; 88-572, eff. 8-11-94; 88-661, eff. 9-16-94; 89-16, eff. 5-30-95.) (230 ILCS 5/26.1) (from Ch. 8, par. 37-26.1) Sec. 26.1. For all pari-mutuel wagering conducted pursuant to this Act, breakage shall be at all times computed on the basis of not to exceed 10¢ on the dollar. If there is a minus pool, the breakage shall be computed on the basis of not to exceed 5¢ on the dollar. Breakage shall be calculated only after the amounts retained by licensees pursuant to Sections 26 and 26.2 of this Act, and all applicable surcharges, are taken out of winning wagers and winnings from wagers. Beginning January 1, 2000, all breakage shall be retained by licensees, with 50% of breakage to be used by licensees for racetrack improvements at the racetrack from which the wagering facility derives its license. The remaining 50% is to be allocated 50% to the purse account for the licensee from which the wagering facility derives its license and 50% to the licensee. (Source: P.A. 89-16, eff. 5-30-95.) (230 ILCS 5/27) (from Ch. 8, par. 37-27) Sec. 27. (a) In addition to the organization license fee provided by this Act, until January 1, 2000, a graduated privilege tax is hereby imposed for conducting the pari-mutuel system of wagering permitted under this Act. Until January 1, 2000, except as provided in subsection (g) of Section 27 of this Act, all of the breakage of each racing day held by any licensee in the State shall be paid to the State. Until January 1, 2000, such daily graduated privilege tax shall be paid by the licensee from the amount permitted to be retained under this Act. Until January 1, 2000, each day's graduated privilege tax, breakage, and Horse Racing Tax Allocation
5652 JOURNAL OF THE [May 21, 1999] funds shall be remitted to the Department of Revenue within 48 hours after the close of the racing day upon which it is assessed or within such other time as the Board prescribes. The privilege tax hereby imposed, until January 1, 2000, shall be a flat tax at the rate of 2% of the daily pari-mutuel handle except as provided in Section 27.1. In addition, every organization licensee, except as provided in Section 27.1 of this Act, which conducts multiple wagering shall pay, until January 1, 2000, as a privilege tax on multiple wagers an amount equal to 1.25% of all moneys wagered each day on such multiple wagers, plus an additional amount equal to 3.5% of the amount wagered each day on any other multiple wager which involves a single betting interest on 3 or more horses. The licensee shall remit the amount of such taxes to the Department of Revenue within 48 hours after the close of the racing day on which it is assessed or within such other time as the Board prescribes. This subsection (a) shall be inoperative and of no force and effect on and after January 1, 2000. (a-5) Beginning on January 1, 2000, a flat pari-mutuel tax at the rate of 1.5% of the daily pari-mutuel handle is imposed at all pari-mutuel wagering facilities, which shall be remitted to the Department of Revenue within 48 hours after the close of the racing day upon which it is assessed or within such other time as the Board prescribes. (b) On or before December 31, 1999, in the event that any organization licensee conducts 2 separate programs of races on any day, each such program shall be considered a separate racing day for purposes of determining the daily handle and computing the privilege tax on such daily handle as provided in subsection (a) of this Section. (c) Licensees shall at all times keep accurate books and records of all monies wagered on each day of a race meeting and of the taxes paid to the Department of Revenue under the provisions of this Section. The Board or its duly authorized representative or representatives shall at all reasonable times have access to such records for the purpose of examining and checking the same and ascertaining whether the proper amount of taxes is being paid as provided. The Board shall require verified reports and a statement of the total of all monies wagered daily at each wagering facility upon which the taxes are assessed and may prescribe forms upon which such reports and statement shall be made. (d) Any licensee failing or refusing to pay the amount of any tax due under this Section shall be guilty of a business offense and upon conviction shall be fined not more than $5,000 in addition to the amount found due as tax under this Section. Each day's violation shall constitute a separate offense. All fines paid into Court by a licensee hereunder shall be transmitted and paid over by the Clerk of the Court to the Board. (e) No other license fee, privilege tax, excise tax, or racing fee, except as provided in this Act, shall be assessed or collected from any such licensee by the State. (f) No other license fee, privilege tax, excise tax or racing fee shall be assessed or collected from any such licensee by units of local government except as provided in paragraph 10.1 of subsection (h) and subsection (f) of Section 26 of this Act. However, any municipality that has a Board licensed horse race meeting at a race track wholly within its corporate boundaries or a township that has a Board licensed horse race meeting at a race track wholly within the unincorporated area of the township may charge a local amusement tax not to exceed 10¢ per admission to such horse race meeting by the enactment of an ordinance. However, any municipality or county that has a Board licensed inter-track wagering
HOUSE OF REPRESENTATIVES 5653 location facility wholly within its corporate boundaries may each impose an admission fee not to exceed $1.00 per admission to such inter-track wagering location facility, so that a total of not more than $2.00 per admission may be imposed. Except as provided in subparagraph (g) of Section 27 of this Act, the inter-track wagering location licensee shall collect any and all such fees and within 48 hours remit the fees to the Board, which shall, pursuant to rule, cause the fees to be distributed to the county or municipality. (g) Notwithstanding any provision in this Act to the contrary, if in any calendar year the total taxes and fees required to be collected from licensees and distributed under this Act to all State and local governmental authorities exceeds the amount of such taxes and fees distributed to each State and local governmental authority to which each State and local governmental authority was entitled under this Act for calendar year 1994, then the first $11 million of that excess amount shall be allocated at the earliest possible date for distribution as purse money for the succeeding calendar year. Upon reaching the 1994 level, and until the excess amount of taxes and fees exceeds $11 million, the Board shall direct all licensees to cease paying the subject taxes and fees and the Board shall direct all licensees to allocate any such excess amount for purses as follows: (i) the excess amount shall be initially divided between thoroughbred and standardbred purses based on the thoroughbred's and standardbred's respective percentages of total Illinois live wagering in calendar year 1994; (ii) each thoroughbred and standardbred organization licensee issued an organization licensee in that succeeding allocation year (provided that licensee was also an organization licensee during the preceding year) shall be allocated an amount equal to the product of its percentage of total Illinois live thoroughbred or standardbred wagering in calendar year 1994 (the total to be determined based on the sum of 1994 on-track wagering for all organization licensees issued organization licenses in both the allocation year and the preceding year) multiplied by the total amount allocated for standardbred or thoroughbred purses, provided that the first $1,500,000 of the amount a