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 7¢ 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 7¢ 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 7¢ 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 7¢ 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