HOUSE OF REPRESENTATIVES 6079
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
60TH LEGISLATIVE DAY
THURSDAY, MAY 27, 1999
9:30 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by LeeArthur Crawford, Assistant Pastor with the Victory
Temple Church in Springfield, Illinois.
Representative Krause led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
115 present. (ROLL CALL 1)
By unanimous consent, Representatives Capparelli, Pugh and Wojcik
were excused from attendance.
TEMPORARY COMMITTEE ASSIGNMENTS
The Speaker announced the following temporary committee
assignments:
Representative Hannig replaced Representative Franks in the
Committee on State Government Adiministration on May 25, 1999.
Representative Joseph Lyons replaced Representative O'Brien in
the Committee on Electric Utility Deregulation on May 26, 1999.
Representative O'Brien replaced Representative Pugh in the
Committee on Revenue on May 26, 1999.
Representative Smith replaced Representative Pugh in the
Committee on Personnel & Pensions on May 26, 1999.
Representative Krause replaced Representative Biggins in the
Committee on Electric Utility Deregulation on May 26, 1999.
Representative Lopez will replace Representative Art Turner in
the Committee on Rules, for today only.
REPORTS
The Clerk of the House acknowledges receipt of the following
correspondence:
6080 JOURNAL OF THE [May 27, 1999]
Financial Audit for the year ended June 30, 1998 submitted by the
State of Illinois Eastern Illinois University Foundation.
Financial Audit for the years ended June 30, 1998 and 1997
submitted by the State of Illinois Eastern Illinois University
Foundation.
Compliance Audit for the year ended June 30, 1998 submitted by
the State of Illinois Eastern Illinois University.
Financial Audit for the year ended June 30, 1998 submitted by the
State of Illinois University Alumni Association, Inc.
Financial and Compliance Audit for the year ended June 30, 1998
submitted by the State of Illinois Western Illinois University.
Supplementary Financial Information for the year ended June 30,
1998 and report of Independent Accountants submitted by the State of
Illinois Southern Illinois University.
Financial Audits for the year ended June 30, 1998 submitted by
Southern Illinois University.
Federal Compliance Audit for the year ended June 30, 1998
submitted by Southern Illinois University.
State Compliance Audit for the year ended June 30, 1998 submitted
by Southern Illinois University.
Financial Audit for the year ended June 30, 1998 submitted by
Northeastern Illinois University.
Compliance Audit for the year ended June 30, 1998 submitted by
Northeastern Illinois University.
Financial Statement Report for the year ended June 30, 1998
submittd by Illinois State University.
Compliance Audit for the year ended June 30, 1998 submitted by
Illinois State University.
Financial Audit for the year ended June 30, 1998 and Compliance
Audit for the two Years ended June 30, 1998 submitted by Illinois
State University Foundation.
Financial Audit for the year ended June 30, 1998 submitted by
Western Illinois University Foundation.
Fiancial Audit for the year ended June 30, 1998 submitted by
Northeastern Illinois University Foundation.
Current Findings, Recommendations and Foundation Responses for
the year ended June 30, 1998 submitted by Chicago State University
Foundation.
Financial Audit for the year ended June 30, 1998 submitted by
Chicago State University Foundation.
Report on Financial Statments and Additional Schedules for the
year ended June 30, 1998 submitted by Chicago State University.
HOUSE OF REPRESENTATIVES 6081
Financial and Compliance Audit for the year ended June 30, 1998
submitted by Chicago State University.
Financial Audit for the year ended June 30, 1998 and Compliance
Audit for the two years ended June 30, 1998 submitted by Northern
Illinois University Foundation.
Fiancial Statements for the year ended June 30, 1998 submitted by
the University of Illihnois Alumni Association.
Compliance Audit for the two years ended June 30, 1998 submitted
by University of Illinois Alumni Association.
Financial and Compliance Audit for the year ended June 30, 1998
submitted by Northern Illinois University.
Financial Audit for the year ended June 30, 1998 submitted by the
Governors State University Foundation.
Financial Audit for the Year ended June 30, 1998 submitted by the
Governors State University Alumni Association.
State Compliance Audit for the Twenty-Six Months ended December
31, 1997 submitted by the State of Illinois UIHMO, INC.
Financial Audit for the year ended June 30, 1998 submitted by the
Governors State University.
Complaince Audit for the year ended June 30, 1998 submitted by
the Governors State University.
Statutory Basis Financial Statements for December 31, 1998 and
1997 submitted by UIHMO, INC.
Financial Audit years ended June 30, 1998 and 1997 submitted by
University of Illinois Foundation.
Compliance Audit for the two years ended June 30, 1998 submitted
by University of Illinois Foundation.
Supplementary Financial Information and Special Data Requirements
for the year ended June 30, 1998 submitted by the University of
Illinois.
Annual Financial Audit for the year ended June 30, 1998 submitted
by the University of Illinois.
Federal Compliance Audit submitted by the University of Illinois.
State Compliance Audit submitted by the University of Illinois.
Report on Strategic Planning Study for Flood Control, Village of
Auburn, Sangamon County, Illinois, January 1999 submitted by the
Illinois Dapartment of Natural Resources.
Human Services Plan for Fiscal Years 1998 - 2000 submitted by the
Illinois Department of Corrections.
Annual Report submitted by the Center for Rural Health, a
division of the Illinois Department of Public Health.
6082 JOURNAL OF THE [May 27, 1999]
Financial Audit for the year ended June 30, 1998 submitted by the
Office of the Secretary of State.
Fiscal Officer Responsibilities Compliance Audit for the year
ended June 30, 1998 submitted by the Office of the Comptroller.
Nonfiscal Officer Responsibilities Financial and Compliance Audit
for the two years ended June 30, 1998 submitted by the Office of the
Comptroller.
Financial and Compliance Audit for the years ended June 30, 1998
and 1997 submitted by the Office of the Treasurer.
Report on FY 2000 - 2004 Proposed Airport Improvement Program
submitted by the Illinois Department of Transportation.
Eleventh Annual Toxic Chemical Report submitted by the Illinois
Environmental Protection Agency.
Report on Village of Sparland Hazard Mitigation Project, May 1999
submitted by the Department of Natural Resources.
LETTER OF TRANSMITTAL
May 27, 1999
Anthony D. Rossi
Clerk of the House
HOUSE OF REPRESENTATIVES
402 Capitol Building
Springfield IL 62706
Dear Mr. Clerk:
Please be advised that I have extended the Third Reading Deadline for
Senate Bill 23 and Senate Bill 1020 until December 2, 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
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 349, 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, 619, 621, 622, 623, 625, 627, 628, 631,
877, 962 and 1008.
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
HOUSE OF REPRESENTATIVES 6083
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 HOUSE BILL 134.
First Conference Committee Report to HOUSE BILL 523.
First Conference Committee Report to HOUSE BILL 542.
First Conference Committee Report to HOUSE BILL 1278.
First Conference Committee Report to SENATE BILL 19.
First Conference Committee Report to SENATE BILL 27.
First Conference Committee Report to SENATE BILL 53.
First Conference Committee Report to SENATE BILL 392.
First Conference Committee Report to SENATE BILL 1202.
That the Motion be reported "be approved for consideration" and
placed on the House Calendar:
Motion to recede from House Amendment No. 2 to SENATE BILL 958.
That the resolution be reported "recommends be adopted" and
placed on the House Floor: HOUSE RESOLUTION 366.
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 Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to HOUSE BILL 733.
First Conference Committee Report to HOUSE BILL 1134.
First Conference Committee Report to SENATE BILL 286.
First Conference Committee Report to SENATE BILL 878.
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 3 to SENATE BILL 1103.
That the resolution be reported "recommends be adopted" and
placed on the House Floor: SENATE JOINT RESOLUTION 39.
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 Conference Committee Report be reported with the
recommendation that it "recommends be adopted" and placed on the
House Calendar:
First Conference Committee Report to HOUSE BILL 287.
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 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 441.
First Conference Committee Report to SENATE BILL 629.
First Conference Committee Report to SENATE BILL 630.
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 2845.
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
placed on the House Floor: SENATE JOINT RESOLUTION 40.
6084 JOURNAL OF THE [May 27, 1999]
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 Appropriations-General Services & Government
Oversight: First Conference Committee Reports to HOUSE BILLS 2518
and 2793; First Conference Committee Report to SENATE BILLS 1080 and
1203.
JOINT ACTION MOTIONS SUBMITTED
Representative Parke 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. 2 to SENATE
BILL 43.
Representative Meyer 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 391.
Representative Ryder 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 2845.
REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE
Representative Cross requested that a Housing Affordability
Impact Note be supplied for SEANTE BILL 23, as amended.
FISCAL NOTE SUPPLIED
A Fiscal Note has been supplied for SENATE BILL 23, as amended.
STATE MANDATE ACT NOTE SUPPLIED
A State Mandate Act Note has been supplied for SENATE BILL 23, as
amended.
STATE DEBT IMPACT NOTE SUPPLIED
A State Debt Impact Note has been supplied for SENATE BILL 23, as
amended.
HOME RULE IMPACT NOTE SUPPLIED
A Home Rule Impact Note has been supplied for SENATE BILL 23, as
amended.
MESSAGES FROM THE SENATE
HOUSE OF REPRESENTATIVES 6085
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. 251
A bill for AN ACT to amend the State Employees Group Insurance
Act of 1971 by changing Section 10.
House Amendment No. 2 to SENATE BILL NO. 251.
Action taken by the Senate, May 27, 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. 956
A bill for AN ACT to amend the Election Code by changing Section
6A-3.
House Amendment No. 4 to SENATE BILL NO. 956.
Action taken by the Senate, May 27, 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. 1015
A bill for AN ACT concerning the Secretary of State.
House Amendment No. 1 to SENATE BILL NO. 1015.
House Amendment No. 3 to SENATE BILL NO. 1015.
Action taken by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
Mr. Harry, Secretary:
6086 JOURNAL OF THE [May 27, 1999]
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. 286
A bill for AN ACT to amend the Airport Authorities Act by
changing Section 6.
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: Klemm, Philip,
Karpiel; L. Walsh and Shaw.
Action taken by the Senate, May 26, 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. 457
A bill for AN ACT to amend the Illinois Plumbing License Law.
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: Syverson, Radogno,
Burzynski; Hendon and Silverstein.
Action taken by the Senate, May 26, 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. 487
A bill for AN ACT to amend the Illinois Roofing Industry
Licensing Act by changing Sections 2 and 3, by adding Sections 3.5,
4.5, and 5.5, and by repealing Section 4.
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: Syverson, Radogno,
Burzynski; Hendon and Munoz.
Action taken by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
HOUSE OF REPRESENTATIVES 6087
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. 629
A bill for AN ACT regarding appropriations.
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: Rauschenberger,
Donahue, Maitland; Trotter and Welch.
Action taken by the Senate, May 26, 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. 630
A bill for AN ACT regarding appropriations.
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: Rauschenberger,
Donahue, Maitland; Trotter and Welch.
Action taken by the Senate, May 26, 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. 878
A bill for AN ACT concerning taxation.
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: Lauzen, Peterson,
Fawell; Clayborne and Welch.
Action taken by the Senate, May 26, 1999.
Jim Harry, Secretary of the Senate
A message from the Senate by
6088 JOURNAL OF THE [May 27, 1999]
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. 1079
A bill for AN ACT to create the Budget Implementation Act for
Fiscal Year 2000.
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: Rauschenberger,
Donahue, Maitland; Trotter and Welch.
Action taken by the Senate, May 26, 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. 1080
A bill for AN ACT to create the Budget Implementation Act for
Fiscal Year 2000.
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: Rauschenberger,
Maitland, Donahue; Trotter and Welch.
Action taken by the Senate, May 26, 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. 10
Concurred in the Senate, May 27, 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 OF REPRESENTATIVES 6089
HOUSE JOINT RESOLUTION NO. 12
Concurred in the Senate, May 27, 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. 30
Concurred in the Senate, May 27, 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. 20
Concurred in the Senate, May 27, 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 receded from their amendment 4 to
a bill of the following title, to-wit:
HOUSE BILL NO. 619
A bill for AN ACT to amend the Pawnbroker Regulation Act by
changing Section 5.
Action taken by the Senate, May 27, 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. 876
A bill for AN ACT to amend the Illinois Procurement Code by
changing Section 53-20.
House Amendment No. 1 to SENATE BILL NO. 876.
House Amendment No. 3 to SENATE BILL NO. 876.
6090 JOURNAL OF THE [May 27, 1999]
House Amendment No. 4 to SENATE BILL NO. 876.
Action taken by the Senate, May 27, 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. 55
A bill for AN ACT to amend the Illinois Pension Code by changing
Sections 16-129.1, 16-133, and 16-133.2.
House Amendment No. 1 to SENATE BILL NO. 55.
Action taken by the Senate, May 27, 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. 827
A bill for AN ACT to amend the Metropolitan Water Reclamation
District Act by adding Section 281.
House Amendment No. 1 to SENATE BILL NO. 827.
House Amendment No. 2 to SENATE BILL NO. 827.
House Amendment No. 3 to SENATE BILL NO. 827.
Action taken by the Senate, May 27, 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. 856
A bill for AN ACT to amend the Illinois Pension Code.
HOUSE OF REPRESENTATIVES 6091
House Amendment No. 1 to SENATE BILL NO. 856.
Action taken by the Senate, May 27, 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. 890
A bill for AN ACT to create the Illinois Financial Institutions
Year 2000 Safety and Soundness Act.
House Amendment No. 1 to SENATE BILL NO. 890.
Action taken by the Senate, May 27, 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. 933
A bill for AN ACT concerning elections.
House Amendment No. 2 to SENATE BILL NO. 933.
House Amendment No. 3 to SENATE BILL NO. 933.
Action taken by the Senate, May 27, 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. 941
A bill for AN ACT to amend the Local Governmental and
Governmental Employees Tort Immunity Act by changing Sections 9-103
and 9-107.
6092 JOURNAL OF THE [May 27, 1999]
House Amendment No. 3 to SENATE BILL NO. 941.
House Amendment No. 4 to SENATE BILL NO. 941.
Action taken by the Senate, May 27, 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 of
Representatives in the passage of a bill of the following title
to-wit:
HOUSE BILL 279
A bill for AN ACT concerning State contracts.
Together with the attached amendments thereto (which amendments
have been printed by the Senate), in the adoption of which I am
instructed to ask the concurrence of the House, to-wit:
Senate Amendment No. 1 to HOUSE BILL NO. 279.
Senate Amendment No. 2 to HOUSE BILL NO. 279.
Passed the Senate, as amended, May 27, 1999.
Jim Harry, Secretary of the Senate
AMENDMENT NO. 1. Amend House Bill 279 by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Procurement Code is amended by changing
Section 50-65 as follows:
(30 ILCS 500/50-65)
Sec. 50-65. Contractor suspension. Any contractor may be
suspended for violation of this Code or any contractor may be
suspended for failure to conform to specifications or terms of
delivery. Suspension shall be for cause and may be for a period of
up to 5 years at the discretion of the applicable chief procurement
officer. Contractors may be debarred in accordance with rules
promulgated by the chief procurement officer or as otherwise provided
by law.
(Source: P.A. 90-572, eff. 2-6-98.)".
AMENDMENT NO. 2. Amend House Bill 279, AS AMENDED, by replacing
the title with the following:
"AN ACT to amend the Civil Administrative Code of Illinois by
changing Section 6.08."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Civil Administrative Code of Illinois is amended
by changing Section 6.08 as follows:
(20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
Sec. 6.08. In the Department of Natural Resources. An Advisory
Board to the Department of Natural Resources, composed of 13 11
persons, one of whom shall be a senior citizen age 60 or over.
HOUSE OF REPRESENTATIVES 6093
In the appointment of the initial members the Governor shall
designate 3 persons to serve for 2 years, 3 for 4 years and 3 for 6
years from the third Monday in January of the odd-numbered year in
which the term commences. The members first appointed under this
amendatory Act of 1984 shall serve a term of 6 years commencing on
the third Monday in January, 1985. The members appointed under this
amendatory Act of the 91st General Assembly shall serve terms of 6
years.
The Advisory Board shall formulate long range policies for
guidance of the Department in: the protection and conservation of
renewable resources of the State of Illinois; the development of
areas and facilities for outdoor recreation; the prevention of timber
destruction and other forest growth by fire, or otherwise; the
reforestation of suitable lands of this State; the extension of
cooperative support to other agencies of this State in the prevention
and guarding against the pollution of streams and lakes within the
State; the management of the wildlife resources, including migratory
fowl, and fisheries resources, including the construction of new
water impoundment areas; the development of an adequate research
program for fish, game and forestry through cooperation with and
support of the Illinois Natural History Survey; and the expressing of
policies for proper dissemination of and enforcement of the various
laws pertinent to the conservation program of Illinois and the
nation.
The Board shall make a study of the personnel structure of the
Department and shall, from time to time, make recommendations to the
Governor and the Director of Natural Resources for a merit system of
employment and for the revision of the position classification to the
extent which Civil Service classification should apply in
departmental positions.
The Board shall make studies of the land acquisition needs of the
Department and recommendations from time to time as to necessary
acquisition of lands for fisheries, game, forestry and recreational
development.
The Board may recommend to the Director of Natural Resources any
reductions or increases of seasons, and bag or possession limits, or
the closure of any season when research and inventory data indicate
the need for such changes.
Such Board members shall be reimbursed for any necessary travel
expenses incurred in the performance of their duties.
(Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
The foregoing message from the Senate reporting Senate Amendments
numbered 1 and 2 to HOUSE BILL 279 was placed in the Committee on
Rules.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has passed a bill of the following
title, in the passage of which I am instructed to ask the concurrence
of the House of Representatives, to-wit:
SENATE BILL NO. 854
A bill for AN ACT concerning retired teachers.
6094 JOURNAL OF THE [May 27, 1999]
Passed by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
The foregoing SENATE BILL 854 was ordered printed and to a First
Reading.
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
HOUSE BILL NO. 134
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 134
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 Amendments No. 2
and 3 to House Bill 134, recommend the following:
(1) that the House concur in Senate Amendment Nos. 2 and 3; and
(2) that House Bill 134 be further amended, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 2, on page
1, lines 15 and 18, by replacing "85%", each time it appears, with
"15%"; and
on page 2, line 2, by replacing "85%" with "15%".
Submitted on May 26, 1999
s/Sen. Chris Lauzen s/Rep. Barbara Flynn Currie
s/Sen. William Peterson Rep. Coy Pugh
s/Sen. James "Pate" Philip s/Rep. Steve Davis
s/Sen. Barack Obama 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:
HOUSE BILL NO. 287
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 287
To the President of the Senate and the Speaker of the House of
Representatives:
HOUSE OF REPRESENTATIVES 6095
We, the conference committee appointed to consider the
differences between the houses in relation to Senate Amendment No. 1
to House Bill 287, recommend the following:
(1) that the Senate recede from Senate Amendment 1; and
(2) that House Bill 287 be amended by replacing the title with
the following:
"AN ACT to amend the Public Utilities Act by changing Section
13-301."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by change
section 13-301 as follows:
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-301. Consistent with the findings and policy established
in paragraph (a) of Section 13-102 and paragraph (a) of Section
13-103, and in order to ensure the attainment of such policies, the
Commission shall:
(a) participate in all federal programs intended to preserve or
extend universal telecommunications service, unless such programs
would place cost burdens on Illinois customers of telecommunications
services in excess of the benefits they would receive through
participation, provided, however, the Commission shall not approve or
permit the imposition of any surcharge or other fee designed to
subsidize or provide a waiver for subscriber line charges; and shall
report on such programs together with an assessment of their adequacy
and the advisability of participating therein in its annual report to
the General Assembly, or more often as necessary;
(b) establish a program to monitor the level of
telecommunications subscriber connection within each exchange in
Illinois, and shall report the results of such monitoring and any
actions it has taken or recommends be taken to maintain and increase
such levels in its annual report to the General Assembly, or more
often if necessary;
(c) order all telecommunications carriers offering or providing
local exchange telecommunications service to propose low-cost or
budget service tariffs and any other rate design or pricing
mechanisms designed to facilitate customer access to such
telecommunications service, and shall after notice and hearing,
implement any such proposals which it finds likely to achieve such
purpose;
(d) investigate the necessity of and, if appropriate, establish
feasibility of establishing a universal service support fund from
which local exchange telecommunications carriers who pursuant to the
Twenty-Seventh Interim Order of the Commission in Docket No. 83-0142
or the orders of the Commission in Docket No. 97-0621 and Docket No.
98-0679 received funding and offering or providing local exchange
telecommunications service, whose economic costs of providing
services for which universal service support may be made available
such service exceed the affordable rate established by the Commission
for such services may be eligible to average cost of providing such
service in Illinois, could receive support, less any federal
universal service support received for the same or similar costs of
providing the supported services; provided, however, that if a
universal service support fund is established, the Commission shall
require that all costs of the fund be recovered from all local
exchange and interexchange telecommunications carriers certificated
in Illinois on a competitively neutral and nondiscriminatory basis.
In establishing any such universal service support fund, the
Commission shall, in addition to the determination of costs for
supported services, consider and make findings pursuant to paragraphs
(1), (2), and (4) of item (e) of this Section. Proxy cost, as
6096 JOURNAL OF THE [May 27, 1999]
determined by the Commission, may be used for this purpose. In
determining cost recovery for any universal service support fund, the
Commission shall not permit recovery of such costs from another
certificated carrier for any service purchased and used solely as an
input to a service provided to such certificated carrier's retail
customers revenues intended to mitigate the price impact on customers
resulting from the high or rising cost of such service; and shall
include the results and findings of such investigation together with
any recommendations for legislative action in its first annual report
to the General Assembly in 1986; and
(e) investigate the necessity of and, if appropriate, establish
a universal service support fund in addition to any fund that may be
established pursuant to item (d) of this Section; provided, however,
that if a telecommunications carrier receives universal service
support pursuant to item (d) of this Section, that telecommunications
carrier shall not receive universal service support pursuant to this
item. Recipients of any universal service support funding created by
this item shall be "eligible" telecommunications carriers, as
designated by the Commission in accordance with 47 U.S.C. 214(e)(2).
Eligible telecommunications carriers providing local exchange
telecommunications service may be eligible to receive support for
such services, less any federal universal service support received
for the same or similar costs of providing the supported services. If
a fund is established, the Commission shall require that the costs of
such fund be recovered from all telecommunications carriers, with the
exception of wireless carriers who are providers of two-way cellular
telecommunications service and who have not been designated as
eligible telecommunications carriers, on a competitively neutral and
non-discriminatory basis. In any order creating a fund pursuant to
this item, the Commission, after notice and hearing, shall:
(1) Define the group of services to be declared "supported
telecommunications services" that constitute "universal service".
This group of services shall, at a minimum, include those
services as defined by the Federal Communications Commission and
as from time to time amended. In addition, the Commission shall
consider the range of services currently offered by
telecommunications carriers offering local exchange
telecommunications service, the existing rate structures for the
supported telecommunications services, and the telecommunications
needs of Illinois consumers in determining the supported
telecommunications services. The Commission shall, from time to
time or upon request, review and, if appropriate, revise the
group of Illinois supported telecommunications services and the
terms of the fund to reflect changes or enhancements in
telecommunications needs, technologies, and available services.
(2) Identify all implicit subsidies contained in rates or
charges of incumbent local exchange carriers, including all
subsidies in interexchange access charges, and determine how such
subsidies can be made explicit by the creation of the fund.
(3) Identify the incumbent local exchange carriers'
economic costs of providing the supported telecommunications
services.
(4) Establish an affordable price for the supported
telecommunications services for the respective incumbent local
exchange carrier. The affordable price shall be no less than the
rates in effect at the time the Commission creates a fund
pursuant to this item. The Commission may establish and utilize
indices or models for updating the affordable price for supported
telecommunications services.
(5) Identify the telecommunications carriers from whom the
costs of the fund shall be recovered and the mechanism to be used
HOUSE OF REPRESENTATIVES 6097
to determine and establish a competitively neutral and
non-discriminatory funding basis. From time to time, or upon
request, the Commission shall consider whether, based upon
changes in technology or other factors, additional
telecommunications providers should contribute to the fund. The
Commission shall establish the basis upon which
telecommunications carriers contributing to the fund shall
recover contributions on a competitively neutral and
non-discriminatory basis. In determining cost recovery for any
universal support fund, the Commission shall not permit recovery
of such costs from another certificated carrier for any service
purchased and used solely as an input to a service provided to
such certificated carriers' retail customers.
(6) Approve a plan for the administration and operation of
the fund by a neutral third party consistent with the
requirements of this item.
No fund shall be created pursuant to this item until existing
implicit subsidies, including, but not limited to, those subsidies
contained in interexchange access charges, have been identified and
eliminated through revisions to rates or charges. Prior to May 1,
2000, such revisions to rates or charges to eliminate implicit
subsidies shall occur contemporaneously with any funding established
pursuant to this item. However, if the Commission does not establish
a universal service support fund by May 1, 2000, the Commission shall
not be prevented from entering an order or taking other actions to
reduce or eliminate existing subsidies as well as considering the
effect of such reduction or elimination on local exchange carriers.
(e) Any telecommunications carrier providing local exchange
telecommunications service which offers to its local exchange
customers a choice of two or more local exchange telecommunications
service offerings shall provide, to any such customer requesting it,
once a year without charge, a report describing which local exchange
telecommunications service offering would result in the lowest bill
for such customer's local exchange service, based on such customer's
calling pattern and usage for the previous 6 months. At least once a
year, each such carrier shall provide a notice to each of its local
exchange telecommunications service customers describing the
availability of this report and the specific procedures by which
customers may receive it. Such report shall only be available to
current and future customers who have received at least 6 months of
continuous local exchange service from such carrier.
(Source: P.A. 87-445.)
Section 99. Effective date. This Act takes effect upon becoming
law."
Submitted on May 27, 1999
s/Sen. Laura Kent Donahue s/Rep. Barbara Flynn Currie
Sen. William Mahar s/Rep. Frank Mautino
s/Sen. John Maitland s/Rep. Gary Hannig
s/Sen. Evelyn Bowles s/Rep. Art Tenhouse
Sen. William Shaw s/Rep. Mike Bost
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:
6098 JOURNAL OF THE [May 27, 1999]
HOUSE BILL NO. 427
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 427
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 427, recommend the following:
(1) that the Senate recede from Senate Amendment No. 1; and
(2) that House Bill 427 be amended as follows:
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Assisted
Living and Shared Housing Act.
Section 5. Legislative purpose. The purpose of this Act is to
permit the development and availability of assisted living
establishments and shared housing establishments based on a social
model that promotes the dignity, individuality, privacy,
independence, autonomy, and decision-making ability and the right to
negotiated risk of those persons; to provide for the health, safety,
and welfare of those residents residing in assisted living and
shared housing establishments in this State; to promote continuous
quality improvement in assisted living; and to encourage the
development of innovative and affordable assisted living
establishments and shared housing with service establishments for
elderly persons of all income levels. It is the public policy of
this State that assisted living is an important part of the
continuum of long term care. In support of the goal of aging in
place within the parameters established by this Act, assisted living
and shared housing establishments shall be operated as residential
environments with supportive services designed to meet the
individual resident's changing needs and preferences. The
residential environment shall be designed to encourage family and
community involvement. The services available to residents, either
directly or through contracts or agreements, are intended to help
residents remain as independent as possible. Assisted living, which
promotes resident choice, autonomy, and decision making, should be
based on a contract model designed to result in a negotiated
agreement between the resident or the resident's representative and
the provider, clearly identifying the services to be provided. This
model assumes that residents are able to direct services provided for
them and will designate a representative to direct these services if
they themselves are unable to do so. This model supports the
principle that there is an acceptable balance between consumer
protection and resident willingness to accept risk and that most
consumers are competent to make their own judgments about the
services they are obtaining. Regulation of assisted living
establishments and shared housing establishments must be sufficiently
flexible to allow residents to age in place within the parameters of
this Act. The administration of this Act and services provided must
therefore ensure that the residents have the rights and
responsibilities to direct the scope of services they receive and to
make individual choices based on their needs and preferences. These
establishments shall be operated in a manner that provides the least
restrictive and most homelike environment and that promotes
independence, autonomy, individuality, privacy, dignity, and the
HOUSE OF REPRESENTATIVES 6099
right to negotiated risk in residential surroundings. It is not the
intent of the State that establishments licensed under this Act be
used as halfway houses for alcohol and substance abusers.
Section 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing, bathing,
toileting, transferring, or personal hygiene.
"Advisory Board" means the Assisted Living and Shared Housing
Advisory Board.
"Assisted living establishment" or "establishment" means a home,
building, residence, or any other place where sleeping accommodations
are provided for at least 3 unrelated adults, at least 80% of whom
are 55 years of age or older and where the following are provided
consistent with the purposes of this Act:
(1) services consistent with a social model that is based
on the premise that the resident's unit in assisted living and
shared housing is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including personal,
supportive, and intermittent health-related services available
24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident;
(3) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or resident's
representative; and
(4) a physical environment that is a homelike setting that
includes the following and such other elements as established by
the Department in conjunction with the Assisted Living and Shared
Housing Advisory Board: individual living units each of which
shall accommodate small kitchen appliances and contain private
bathing, washing, and toilet facilities, or private washing and
toilet facilities with a common bathing room readily accessible
to each resident. Units shall be maintained for single occupancy
except in cases in which 2 residents choose to share a unit.
Sufficient common space shall exist to permit individual and
group activities.
"Assisted living establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long term care facility licensed under the Nursing
Home Care Act. However, a long term care facility may convert
distinct parts of the facility to assisted living. If the long
term care facility elects to do so, the facility shall retain the
Certificate of Need for its nursing and sheltered care beds that
were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
6100 JOURNAL OF THE [May 27, 1999]
Certification Act.
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under the
Hospice Program Licensing Act.
(11) A shared housing establishment.
(12) A supportive living facility as described in Section
5-5.0la of the Illinois Public Aid Code.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or serious
physical harm to a resident of an establishment.
"License" means any of the following types of licenses issued to
an applicant or licensee by the Department:
(1) "Probationary license" means a license issued to an
applicant or licensee that has not held a license under this Act
prior to its application or pursuant to a license transfer in
accordance with Section 50 of this Act.
(2) "Regular license" means a license issued by the
Department to an applicant or licensee that is in substantial
compliance with this Act and any rules promulgated under this
Act.
"Licensee" means a person, agency, association, corporation,
partnership, or organization that has been issued a license to
operate an assisted living or shared housing establishment.
"Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents prepared by
the establishment or an outside contractor;
(2) housekeeping services including, but not limited to,
vacuuming, dusting, and cleaning the resident's unit;
(3) personal laundry and linen services available to the
residents provided or arranged for by the establishment;
(4) security provided 24 hours each day including, but not
limited to, locked entrances or building or contract security
personnel;
(5) an emergency communication response system, which is a
procedure in place 24 hours each day by which a resident can
notify building management, an emergency response vendor, or
others able to respond to his or her need for assistance; and
(6) assistance with activities of daily living as required
by each resident.
"Negotiated risk" is the process by which a resident, or his or
her representative, may formally negotiate with providers what
risks each are willing and unwilling to assume in service provision
and the resident's living environment. The provider assures that the
resident and the resident's representative, if any, are informed of
the risks of these decisions and of the potential consequences of
assuming these risks.
"Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or shared
housing establishment. In the event an assisted living or shared
housing establishment is operated by a person who leases or manages
the physical plant, which is owned by another person, "owner" means
the person who operates the assisted living or shared housing
establishment, except that if the person who owns the physical plant
HOUSE OF REPRESENTATIVES 6101
is an affiliate of the person who operates the assisted living or
shared housing establishment and has significant control over the day
to day operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall incur
jointly and severally with the owner all liabilities imposed on an
owner under this Act.
"Physician" means a person licensed under the Medical Practice
Act of 1987 to practice medicine in all of its branches.
"Resident" means a person residing in an assisted living or
shared housing establishment.
"Resident's representative" means a person, other than the owner,
agent, or employee of an establishment or of the health care provider
unless related to the resident, designated in writing by a resident
to be his or her representative. This designation may be
accomplished through the Illinois Power of Attorney Act, pursuant to
the guardianship process under the Probate Act of 1975, or pursuant
to an executed designation of representative form specified by the
Department.
"Self" means the individual or the individual's designated
representative.
"Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 12 or
fewer persons, at least 80% of whom are 55 years of age or older and
who are unrelated to the owners and one manager of the residence,
where the following are provided:
(1) services consistent with a social model that is based
on the premise that the resident's unit is his or her own home;
(2) community-based residential care for persons who need
assistance with activities of daily living, including housing and
personal, supportive, and intermittent health-related services
available 24 hours per day, if needed, to meet the scheduled and
unscheduled needs of a resident; and
(3) mandatory services, whether provided directly by the
establishment or by another entity arranged for by the
establishment, with the consent of the resident or the resident's
representative.
"Shared housing establishment" or "establishment" does not mean
any of the following:
(1) A home, institution, or similar place operated by the
federal government or the State of Illinois.
(2) A long term care facility licensed under the Nursing
Home Care Act. A long term care facility may, however, convert
sections of the facility to assisted living. If the long term
care facility elects to do so, the facility shall retain the
Certificate of Need for its nursing beds that were converted.
(3) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis, care,
and treatment of human illness and that is required to be
licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child Care
Act of 1969.
(5) A community living facility as defined in the Community
Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer in accordance with the creed or tenants of a
well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human Services
as a community-intergrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act.
6102 JOURNAL OF THE [May 27, 1999]
(8) A supportive residence licensed under the Supportive
Residences Licensing Act.
(9) A life care facility as defined in the Life Care
Facilities Act; a life care facility may apply under this Act to
convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under the
Hospice Program Licensing Act.
(11) An assisted living establishment.
(12) A supportive living facility as described in Section
5-5.01a of the Illinois Public Aid Code.
"Total assistance" means that staff or another individual
performs the entire activity of daily living without participation by
the resident.
Section 15. Assessment and service plan requirements. Prior to
admission to any establishment covered by this Act, a comprehensive
assessment that includes an evaluation of the prospective resident's
physical, cognitive, and psychosocial condition shall be completed.
At least annually, a comprehensive assessment shall be completed, and
upon identification of a significant change in the resident's
condition, the resident shall be reassessed. The Department may by
rule specify circumstances under which more frequent assessments of
skin integrity and nutritional status shall be required. The
comprehensive assessment shall be completed by a physician. Based on
the assessment, a written service plan shall be developed and
mutually agreed upon by the provider and the resident. The service
plan, which shall be reviewed annually, or more often as the
resident's condition, preferences, or service needs change, shall
serve as a basis for the service delivery contract between the
provider and the resident. Based on the assessment, the service plan
may provide for the disconnection or removal of any appliance.
Section 20. Construction and operating standards. The
Department, in consultation with the Advisory Board, shall prescribe
minimum standards for establishments. These standards shall include:
(1) the location and construction of the establishment,
including plumbing, heating, lighting, ventilation, and other
physical conditions which shall ensure the health, safety, and
comfort of residents and their protection from fire hazards;
these standards shall include, at a minimum, compliance with the
residential board and care occupancies chapter of the National
Fire Protection Association's Life Safety Code, local and State
building codes for the building type, and accessibility standards
of the Americans with Disabilities Act;
(2) the number and qualifications of all personnel having
responsibility for any part of the services provided for
residents;
(3) all sanitary conditions within the establishment and
its surroundings, including water supply, sewage disposal, food
handling, infection control, and general hygiene, which shall
ensure the health and comfort of residents;
(4) a program for adequate maintenance of physical plant
and equipment;
(5) adequate accommodations, staff, and services for the
number and types of residents for whom the establishment is
licensed;
(6) the development of evacuation and other appropriate
safety plans for use during weather, health, fire, physical
plant, environmental, and national defense emergencies; and
(7) the maintenance of minimum financial and other
resources necessary to meet the standards established under this
Section and to operate the establishment in accordance with this
Act.
HOUSE OF REPRESENTATIVES 6103
Section 25. License requirement. No person may establish,
operate, maintain, or offer an establishment as an assisted living
establishment or shared housing establishment as defined by the Act
within this State unless and until he or she obtains a valid license,
which remains unsuspended, unrevoked, and unexpired. No public
official or employee may place any person in, or recommend that any
person be placed in, or directly or indirectly cause any person to
be placed in any establishment that is being operated without a valid
license. An entity that operates as an assisted living or shared
housing establishment as defined by this Act without a license shall
be subject to the provisions, including penalties, of the Nursing
Home Care Act. No entity shall use in its name or advertise
"assisted living" unless licensed as an assisted living establishment
under this Act or as a shelter care facility under the Nursing Home
Care Act that also meets the definition of an assisted living
establishment under this Act, except a shared housing establishment
licensed under this Act may advertise assisted living services.
Section 30. Licensing.
(a) The Department, in consultation with the Advisory Board,
shall establish by rule forms, procedures, and fees for the annual
licensing of assisted living and shared housing establishments;
shall establish and enforce sanctions and penalties for operating in
violation of this Act, as provided in Section 135 of this Act and
rules adopted under Section 110 of this Act. The Department shall
conduct an annual on-site review for each establishment covered by
this Act, which shall include, but not be limited to, compliance with
this Act and rules adopted hereunder, focus on solving resident
issues and concerns, and the quality improvement process implemented
by the establishment to address resident issues. The quality
improvement process implemented by the establishment must benchmark
performance, be customer centered, be data driven, and focus on
resident satisfaction.
(b) An establishment shall provide the following information to
the Department to be considered for licensure:
(1) the business name, street address, mailing address, and
telephone number of the establishment;
(2) the name and mailing address of the owner or owners of
the establishment and if the owner or owners are not natural
persons, identification of the type of business entity of the
owners, and the names and addresses of the officers and members
of the governing body, or comparable persons for partnerships,
limited liability companies, or other types of business
organizations;
(3) financial information, content and form to be
determined by rules which may provide different standards for
assisted living establishments and shared housing establishments,
establishing that the project is financially feasible;
(4) the name and mailing address of the managing agent of
the establishment, whether hired under a management agreement or
lease agreement, if different from the owner or owners, and the
name of the full-time director;
(5) verification that the establishment has entered or
will enter into a service delivery contract as provided in
Section 90, as required under this Act, with each resident or
resident's representative;
(6) the name and address of at least one natural person
who shall be responsible for dealing with the Department on all
matters provided for in this Act, on whom personal service of
all notices and orders shall be made, and who shall be authorized
to accept service on behalf of the owner or owners and the
managing agent. Notwithstanding a contrary provision of the Code
6104 JOURNAL OF THE [May 27, 1999]
of Civil Procedure, personal service on the person identified
pursuant to this subsection shall be considered service on the
owner or owners and the managing agent, and it shall not be a
defense to any action that personal service was not made on each
individual or entity;
(7) the signature of the authorized representative of the
owner or owners;
(8) proof of an ongoing quality improvement program in
accordance with rules adopted by the Department in collaboration
with the Advisory Board;
(9) information about the number and types of units, the
maximum census, and the services to be provided at the
establishment, proof of compliance with applicable State and
local residential standards, and a copy of the standard contract
offered to residents;
(10) documentation of adequate liability insurance; and
(11) other information necessary to determine the identity
and qualifications of an applicant or licensee to operate an
establishment in accordance with this Act as required by the
Department by rule.
(c) The information in the statement of ownership shall be
public information and shall be available from the Department.
Section 35. Issuance of license.
(a) Upon receipt and review of an application for a license and
review of the applicant establishment, the Director may issue a
license if he or she finds:
(1) that the individual applicant, or the corporation,
partnership, or other entity if the applicant is not an
individual, is a person responsible and suitable to operate or to
direct or participate in the operation of an establishment by
virtue of financial capacity, appropriate business or
professional experience, a record of lawful compliance with
lawful orders of the Department and lack of revocation of a
license issued under this Act or the Nursing Home Care Act during
the previous 5 years;
(2) that the establishment is under the supervision of a
full-time director who is at least 21 years of age with ability,
training, and education appropriate to meet the needs of the
residents and to manage the operations of the establishment and
who participates in ongoing training for these purposes;
(3) that the establishment has staff sufficient in number
with qualifications, adequate skills, education, and experience
to meet the 24 hour scheduled and unscheduled needs of residents
and who participate in ongoing training to serve the resident
population;
(4) that direct care staff meet the requirements of the
Health Care Worker Background Check Act;
(5) that the applicant is in substantial compliance with
this Act and such other requirements for a license as the
Department by rule may establish under this Act;
(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department an
accurate disclosure document in accordance with the Alzheimer's
Special Care Disclosure Act.
Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued, and
the expiration date. All licenses shall be valid for one year,
except as provided in Section 40. Each license shall be issued only
for the premises and persons named in the application, and shall not
be transferable or assignable.
Section 40. Probationary licenses. If the applicant has not
HOUSE OF REPRESENTATIVES 6105
been previously licensed under this Act or if the establishment is
not in operation at the time the application is made, the Department
may issue a probationary license. A probationary license shall be
valid for 120 days unless sooner suspended or revoked. Within 30
days prior to the termination of a probationary license, the
Department shall fully and completely review the establishment and,
if the establishment meets the applicable requirements for licensure,
shall issue a license. If the Department finds that the
establishment does not meet the requirements for licensure, but has
made substantial progress toward meeting those requirements, the
license may be renewed once for a period not to exceed 120 days from
the expiration date of the initial probationary license.
Section 45. Renewal of licenses. At least 120 days, but not
more than 150 days prior to license expiration, the licensee shall
submit an application for renewal of the license in such form and
containing such information as the Department requires. If the
application is approved, the license shall be renewed for an
additional one-year period. If appropriate, the renewal application
shall not be approved unless the applicant has provided to the
Department an accurate disclosure document in accordance with the
Alzheimer's Special Care Disclosure Act. If the application for
renewal is not timely filed, the Department shall so inform the
licensee.
Section 50. Transfer of ownership.
(a) Whenever ownership of an establishment is transferred from
the person named in the license to any other person, the transferee
must obtain a new probationary license. The transferee shall notify
the Department of the transfer and apply for a new license at least
30 days prior to final transfer.
(b) The transferor shall notify the Department at least 30 days
prior to final transfer. The transferor shall remain responsible for
the operation of the establishment until such time as a license is
issued to the transferee.
Section 55. Grounds for denial of a license. An application for
a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in this
Act or by rules adopted by the Department under this Act;
(2) conviction of the applicant, or if the applicant is a
firm, partnership, or association, of any of its members, or if a
corporation, the conviction of the corporation or any of its
officers or stockholders, or of the person designated to manage
or supervise the establishment, of a felony or of 2 or more
misdemeanors involving moral turpitude during the previous 5
years as shown by a certified copy of the record of the court of
conviction;
(3) personnel insufficient in number or unqualified by
training or experience to properly care for the residents;
(4) insufficient financial or other resources to operate
and conduct the establishment in accordance with standards
adopted by the Department under this Act;
(5) revocation of a license during the previous 5 years, if
such prior license was issued to the individual applicant, a
controlling owner or controlling combination of owners of the
applicant; or any affiliate of the individual applicant or
controlling owner of the applicant and such individual applicant,
controlling owner of the applicant or affiliate of the applicant
was a controlling owner of the prior license; provided, however,
that the denial of an application for a license pursuant to this
Section must be supported by evidence that the prior revocation
renders the applicant unqualified or incapable of meeting or
maintaining an establishment in accordance with the standards and
6106 JOURNAL OF THE [May 27, 1999]
rules adopted by the Department under this Act; or
(6) the establishment is not under the direct supervision
of a full-time director, as defined by rule.
Section 60. Notice of denial; request for hearing; hearing.
(a) Immediately upon the denial of any application or
reapplication for a license under this Act, the Department shall
notify the applicant in writing. Notice of denial shall include a
clear and concise statement of the violations of this Act on which
the denial is based and notice of the opportunity for a hearing. If
the applicant or licensee wishes to contest the denial of a license,
it shall provide written notice to the Department of a request for a
hearing within 10 days after receipt of the notice of denial. The
Department shall commence a hearing under this Section.
(b) A request for a hearing by aggrieved persons shall be taken
to the Department as follows:
(1) Upon the receipt of a request in writing for a hearing,
the Director or a person designated in writing by the Director to
act as a hearing officer shall conduct a hearing to review the
decision.
(2) Before the hearing is held notice of the hearing shall
be sent by the Department to the person making the request for
the hearing and to the person making the decision which is being
reviewed. In the notice the Department shall specify the date,
time, and place of the hearing, which shall be held not less than
10 days after the notice is mailed or delivered. The notice
shall designate the decision being reviewed. The notice may be
served by delivering it personally to the parties or their
representatives or by mailing it by certified mail to the
parties' addresses.
(3) The Department shall commence the hearing within 30
days after the receipt of request for hearing. The hearing shall
proceed as expeditiously as practicable, but in all cases shall
conclude within 90 days after commencement.
(c) The Director or hearing officer shall permit any party to
appear in person and to be represented by counsel at the hearing, at
which time the applicant or licensee shall be afforded an opportunity
to present all relevant matter in support of his or her position. In
the event of the inability of any party or the Department to procure
the attendance of witnesses to give testimony or produce books and
papers, any party or the Department may take the deposition of
witnesses in accordance with the provisions of the laws of this
State. All testimony shall be reduced to writing, and all testimony
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
(d) The Director or hearing officer shall make findings of fact
in the hearing, and the Director shall render his or her decision
within 30 days after the termination of the hearing, unless
additional time not to exceed 90 days is required by him or her for a
proper disposition of the matter. When the hearing has been
conducted by a hearing officer, the Director shall review the record
and findings of fact before rendering a decision. All decisions
rendered by the Director shall be binding upon and complied with by
the Department, the establishment, or the persons involved in the
hearing, as appropriate to each case.
Section 65. Revocation, suspension, or refusal to renew
license.
(a) The Department, after notice to the applicant or licensee,
may suspend, revoke, or refuse to renew a license in any case in
which the Department finds any of the following:
(1) that there has been a substantial failure to comply
with this Act or the rules promulgated by the Department under
HOUSE OF REPRESENTATIVES 6107
this Act;
(2) that there has been a conviction of the licensee, or of
the person designated to manage or supervise the establishment,
of a felony or of 2 or more misdemeanors involving moral
turpitude during the previous 5 years as shown by a certified
copy of the record of the court of conviction;
(3) that the personnel is insufficient in number or
unqualified by training or experience to properly care for the
number and type of residents served by the establishment;
(4) that the financial or other resources are insufficient
to conduct and operate the establishment in accordance with
standards promulgated by the Department under this Act; or
(5) that the establishment is not under the direct
supervision of a full-time director, as defined by rule.
(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated, and notice of the opportunity
for a hearing under Section 60.
(c) If an establishment desires to contest the nonrenewal or
revocation of a license, the establishment shall, within 10 days
after receipt of notice under subsection (b) of this Section, notify
the Department in writing of its request for a hearing under Section
60. Upon receipt of the request the Department shall send notice to
the establishment and hold a hearing as provided under Section 60.
(d) The effective date of nonrenewal or revocation of a license
by the Department shall be any of the following:
(1) until otherwise ordered by the circuit court,
revocation is effective on the date set by the Department in the
notice of revocation, or upon final action after hearing under
Section 60, whichever is later;
(2) until otherwise ordered by the circuit court,
nonrenewal is effective on the date of expiration of any existing
license, or upon final action after hearing under Section 60,
whichever is later; however, a license shall not be deemed to
have expired if the Department fails to timely respond to a
timely request for renewal under this Act or for a hearing to
contest nonrenewal; or
(3) the Department may extend the effective date of license
revocation or expiration in any case in order to permit orderly
removal and relocation of residents.
(e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final
assessment of tax, penalty or interest, as required by any tax Act
administered by the Illinois Department of Revenue, until such time
as the requirements of any such tax Act are satisfied.
Section 70. Service requirements. An establishment must provide
all mandatory services and may provide optional services, including
medication reminders, supervision of self-administered medication and
medication administration as defined by this Section and nonmedical
services defined by rule, whether provided directly by the
establishment or by another entity arranged for by the establishment
with the consent of the resident or the resident's representative.
For the purposes of this Section, "medication reminders" means
reminding residents to take pre-dispensed, self-administered
medication, observing the resident, and documenting whether or not
the resident took the medication.
For the purposes of this Section, "supervision of
self-administered medication" means assisting the resident with
self-administered medication using any combination of the following:
reminding residents to take medication, reading the medication label
6108 JOURNAL OF THE [May 27, 1999]
to residents, checking the self-administered medication dosage
against the label of the medication, confirming that residents have
obtained and are taking the dosage as prescribed, and documenting in
writing that the resident has taken (or refused to take) the
medication. If residents are physically unable to open the
container, the container may be opened for them. Supervision of
self-administered medication shall be under the direction of a
licensed health care professional.
For the purposes of this Section, "medication administration"
refers to a licensed health care professional employed by an
establishment engaging in administering routine insulin and vitamin
B-12 injections, oral medications, topical treatments, eye and ear
drops, or nitroglycerin patches. Non-licensed staff may not
administer any medication.
The Department shall specify by rule procedures for medication
reminders, supervision of self-administered medication, and
medication administration.
Nothing in this Act shall preclude a physician licensed to
practice medicine in all its branches from providing services to any
resident.
Section 75. Residency Requirements.
(a) No individual shall be accepted for residency or remain in
residence if the establishment cannot provide or secure appropriate
services, if the individual requires a level of service or type of
service for which the establishment is not licensed or which the
establishment does not provide, or if the establishment does not have
the staff appropriate in numbers and with appropriate skill to
provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or herself
or to others;
(2) the person is not able to communicate his or her needs
and no resident representative residing in the establishment, and
with a prior relationship to the person, has been appointed to
direct the provision of services;
(3) the person requires total assistance with 2 or more
activities of daily living;
(4) the person requires the assistance of more than one
paid caregiver at any given time with an activity of daily
living;
(5) the person requires more than minimal assistance in
moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for the
purposes of this Section means a condition that is characterized
by the presence of a major mental disorder as classified in the
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (DSM-IV) (American Psychiatric Association, 1994), where
the individual is substantially disabled due to mental illness in
the areas of self-maintenance, social functioning, activities of
community living and work skills, and the disability specified is
expected to be present for a period of not less than one year,
but does not mean Alzheimer's disease and other forms of
dementia based on organic or physical disorders;
(7) the person requires intravenous therapy or intravenous
feedings unless self-administered or administered by a qualified,
licensed health care professional;
(8) the person requires gastrostomy feedings unless
self-administered or administered by a licensed health care
professional;
(9) the person requires insertion, sterile irrigation, and
HOUSE OF REPRESENTATIVES 6109
replacement of catheter, except for routine maintenance of
urinary catheters, unless the catheter care is self-administered
or administered by a licensed health care professional;
(10) the person requires sterile wound care unless care is
self-administered or administered by a licensed health care
professional;
(11) the person requires sliding scale insulin
administration unless self-performed or administered by a
licensed health care professional;
(12) the person is a diabetic requiring routine insulin
injections unless the injections are self-administered or
administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or stage 4
decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing visits
per week for conditions other than those listed in items (13) and
(15) of this subsection for a period of 3 consecutive weeks or
more except when the course of treatment is expected to extend
beyond a 3 week period for rehabilitative purposes and is
certified as temporary by a physician; or
(15) other reasons prescribed by the Department by rule.
(d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency terminated.
(e) Residency shall be terminated when services available to the
resident in the establishment are no longer adequate to meet the
needs of the resident. This provision shall not be interpreted as
limiting the authority of the Department to require the residency
termination of individuals.
(f) Subsection (d) of this Section shall not apply to terminally
ill residents who receive or would qualify for hospice care
coordinated by a hospice licensed under the Hospice Program
Licensing Act or other licensed health care professional employed by
a licensed home health agency and the establishment and all parties
agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not
apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and multiple
sclerosis, or other chronic diseases and conditions as defined by
rule if the individual is able to communicate his or her needs and
does not require assistance with complex medical problems, and the
establishment is able to accommodate the individual's needs. The
Department shall prescribe rules pursuant to this Section that
address special safety and service needs of these individuals.
(h) For the purposes of items (7) through (11) of subsection
(c), a licensed health care professional may not be employed by the
establishment. An agency or entity employing licensed health care
professionals that has common ownership with an establishment shall
not exclusively market services to that establishment. Nothing in
this Section is meant to limit a resident's right to choose his or
her health care provider.
Section 80. Involuntary termination of residency.
(a) Residency shall be involuntarily terminated only for the
following reasons:
(1) as provided in Section 75 of this Act;
(2) nonpayment of contracted charges after the resident
and the resident's representative have received a minimum of
30-days written notice of the delinquency and the resident or the
resident's representative has had at least 15 days to cure the
delinquency; or
(3) failure to execute a service delivery contract or to
substantially comply with its terms and conditions, failure to
6110 JOURNAL OF THE [May 27, 1999]
comply with the assessment requirements contained in Section 15,
or failure to substantially comply with the terms and conditions
of the lease agreement.
(b) A 30 day written notice of residency termination shall be
provided to the resident, the resident's representative, or both, and
the long term care ombudsman, which shall include the reason for the
pending action, the date of the proposed move, and a notice, the
content and form to be set forth by rule, of the resident's right to
appeal, the steps that the resident or the resident's representative
must take to initiate an appeal, and a statement of the resident's
right to continue to reside in the establishment until a decision is
rendered. The notice shall include a toll free telephone number to
initiate an appeal and a written hearing request form, together with
a postage paid, pre-addressed envelope to the Department. If the
resident or the resident's representative, if any, cannot read
English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a
translator who has been trained to assist the resident or the
resident's representative in the appeal process. In emergency
situations as defined in Section 10 of this Act, the 30-day provision
of the written notice may be waived.
(c) The establishment shall attempt to resolve with the resident
or the resident's representative, if any, circumstances that if not
remedied have the potential of resulting in an involuntary
termination of residency and shall document those efforts in the
resident's file. This action may occur prior to or during the 30 day
notice period, but must occur prior to the termination of the
residency. In emergency situations as defined in Section 10 of this
Act, the requirements of this subsection may be waived.
(d) A request for a hearing shall stay an involuntary
termination of residency until a decision has been rendered by the
Department, according to a process adopted by rule. During this time
period, the establishment may not terminate or reduce any service for
the purpose of making it more difficult or impossible for the
resident to remain in the establishment.
(e) The establishment shall offer the resident and the
resident's representative, if any, residency termination and
relocation assistance including information on available alternative
placement. Residents shall be involved in planning the move and
shall choose among the available alternative placements except when
an emergency situation makes prior resident involvement impossible.
Emergency placements are deemed temporary until the resident's input
can be sought in the final placement decision. No resident shall be
forced to remain in a temporary or permanent placement.
(f) The Department may offer assistance to the establishment and
the resident in the preparation of residency termination and
relocation plans to assure safe and orderly transition and to protect
the resident's health, safety, welfare, and rights. In
nonemergencies, and where possible in emergencies, the transition
plan shall be designed and implemented in advance of transfer or
residency termination.
Section 85. Contract requirements. No entity may establish,
operate, conduct, or maintain an establishment in this State unless a
written service delivery contract is executed between the
establishment and each resident or resident's representative in
accordance with Section 90 and unless the establishment operates in
accordance with the terms of the contract. The resident or the
resident's representative shall be given a complete copy of the
contract and all supporting documents and attachments and any changes
whenever changes are made. If the resident does not understand
English and if translated documents are not available, the
HOUSE OF REPRESENTATIVES 6111
establishment must explain its policies to a responsible relative or
friend or another individual who has agreed to communicate the
information to the resident.
Section 90. Contents of service delivery contract. A contract
between an establishment and a resident must be entitled "assisted
living establishment contract" or "shared housing establishment
contract" as applicable, shall be printed in no less than 12 point
type, and shall include at least the following elements in the body
or through supporting documents or attachments:
(1) the name, street address, and mailing address of the
establishment;
(2) the name and mailing address of the owner or owners of
the establishment and, if the owner or owners are not natural
persons, the type of business entity of the owner or owners;
(3) the name and mailing address of the managing agent of
the establishment, whether hired under a management agreement or
lease agreement, if the managing agent is different from the
owner or owners;
(4) the name and address of at least one natural person who
is authorized to accept service on behalf of the owners and
managing agent;
(5) a statement describing the license status of the
establishment and the license status of all providers of
health-related or supportive services to a resident under
arrangement with the establishment;
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
description of the services to be provided as part of this rate;
(8) a description of any additional services to be provided
for an additional fee by the establishment directly or by a third
party provider under arrangement with the establishment;
(9) the fee schedules outlining the cost of any additional
services;
(10) a description of the process through which the
contract may be modified, amended, or terminated;
(11) a description of the establishment's complaint
resolution process available to residents and notice of the
availability of the Department on Aging's Senior Helpline for
complaints;
(12) the name of the resident's designated representative,
if any;
(13) the resident's obligations in order to maintain
residency and receive services including compliance with all
assessments required under Section 15;
(14) the billing and payment procedures and requirements;
(15) a statement affirming the resident's freedom to
receive services from service providers with whom the
establishment does not have a contractual arrangement, which may
also disclaim liability on the part of the establishment for
those services;
(16) a statement that medical assistance under Article V
or Article VI of the Illinois Public Aid Code is not available
for payment for services provided in an establishment;
(17) a statement detailing the admission, risk management,
and residency termination criteria and procedures;
(18) a statement listing the rights specified in Section 95
and acknowledging that, by contracting with the assisted living
or shared housing establishment, the resident does not forfeit
those rights; and
(19) a statement detailing the Department's annual on-site
review process including what documents contained in a resident's
6112 JOURNAL OF THE [May 27, 1999]
personal file shall be reviewed by the on-site reviewer as
defined by rule.
Section 95. Resident rights. No resident shall be deprived of
any rights, benefits, or privileges guaranteed by law, the
Constitution of the State of Illinois, or the Constitution of the
United States solely on account of his or her status as a resident of
an establishment, nor shall a resident forfeit any of the following
rights:
(1) the right to retain and use personal property and a
place to store personal items that is locked and secure;
(2) the right to refuse services and to be advised of the
consequences of that refusal;
(3) the right to respect for bodily privacy and dignity at
all times, especially during care and treatment;
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone calls,
and visitors;
(6) the right to uncensored access to the State Ombudsman
or his or her designee;
(7) the right to be free of retaliation for criticizing the
establishment or making complaints to appropriate agencies;
(8) the right to be free of chemical and physical
restraints;
(9) the right to be free of abuse or neglect or to refuse
to perform labor;
(10) the right to confidentiality of the resident's medical
records;
(11) the right of access and the right to copy the
resident's personal files maintained by the establishment;
(12) the right to 24 hours access to the establishment;
(13) the right to a minimum of 90-days notice of a planned
establishment closure;
(14) the right to a minimum of 30-days notice of an
involuntary residency termination, except where the resident
poses a threat to himself or others, or in other emergency
situations, and the right to appeal such termination; and
(15) the right to a 30-day notice of delinquency and at
least 15 days right to cure delinquency.
Section 100. Notice of closure. An owner of an establishment
licensed under this Act shall give 90 days notice prior to
voluntarily closing the establishment or prior to closing any part of
the establishment if closing the part will require residency
termination. The notice shall be given to the Department, to any
resident who must have their residency terminated, the resident's
representative, and to a member of the resident's family, where
practicable. The notice shall state the proposed date of closing and
the reason for closing. The establishment shall offer to assist the
resident in securing an alternative placement and shall advise the
resident on available alternatives. Where the resident is unable to
choose an alternative placement and is not under guardianship, the
Department shall be notified of the need for relocation assistance.
The establishment shall comply with all applicable laws and rules
until the date of closing, including those related to residency
termination.
Section 105. Record retention. Service delivery contracts and
related documents executed by each resident or resident's
representative shall be maintained by an establishment subject to
this Act from the date of execution until 3 years after the contract
is terminated. The establishment shall also maintain and retain
records to support compliance with each individual contract and with
applicable federal and State rules. The records and supporting
HOUSE OF REPRESENTATIVES 6113
documents, as defined by rule, shall be made available for on-site
inspection by the Department upon request at any time.
Section 110. Powers and duties of the Department.
(a) The Department shall conduct an annual unannounced on-site
visit at each assisted living and shared housing establishment to
determine compliance with applicable licensure requirements and
standards. Additional visits may be conducted without prior notice
to the assisted living or shared housing establishment.
(b) Upon receipt of information that may indicate the failure
of the assisted living or shared housing establishment or a service
provider to comply with a provision of this Act, the Department
shall investigate the matter or make appropriate referrals to other
government agencies and entities having jurisdiction over the
subject matter of the possible violation. The Department may also
make referrals to any public or private agency that the Department
considers available for appropriate assistance to those involved.
The Department may oversee and coordinate the enforcement of State
consumer protection policies affecting residents residing in an
establishment licensed under this Act.
(c) The Department shall establish by rule complaint receipt,
investigation, resolution, and involuntary residency termination
procedures. Resolution procedures shall provide for on-site review
and evaluation of an assisted living or shared housing
establishment found to be in violation of this Act within a specified
period of time based on the gravity and severity of the violation
and any pervasive pattern of occurrences of the same or similar
violations.
(d) The Director shall establish an Assisted Living and Shared
Housing Advisory Board.
(e) The Department shall by rule establish penalties and
sanctions, which shall include, but need not be limited to, the
creation of a schedule of graduated penalties and sanctions to
include closure.
(f) The Department shall by rule establish procedures for
disclosure of information to the public, which shall include, but not
be limited to, ownership, licensure status, frequency of complaints,
disposition of substantiated complaints, and disciplinary actions.
(g) The Department shall cooperate with, seek the advice of, and
collaborate with the Assisted Living and Shared Housing Quality of
Life Advisory Committee in the Department on Aging on matters related
to the responsibilities of the Committee. Consistent with subsection
(d) of Section 125, the Department shall provide to the Department on
Aging for distribution to the committee copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Committee, having
been asked for its review, fails to respond within 90 days, the rules
shall be considered acted upon.
(h) Beginning January 1, 2000, the Department shall begin
drafting rules necessary for the administration of this Act.
Section 115. Reports and access to information. The Department
may require periodic reports and shall have access to and may
reproduce or photocopy at its cost any books, records or other
documents maintained by the establishment to the extent necessary to
carry out this Act and shall not divulge or disclose the contents of
a resident's record obtained under this Section in violation of this
Act.
Section 120. Consent to review. A licensee or applicant for a
license shall be deemed to have given consent to any authorized
officer, employee, or agent of the Department to enter and review the
establishment in accordance with this Act, except that entrance to
individual rooms shall only be given with the consent of the resident
6114 JOURNAL OF THE [May 27, 1999]
or the resident's representative. Refusal to permit entry or review
shall constitute grounds for denial, nonrenewal, or revocation of a
license.
Section 125. Assisted Living and Shared Housing Advisory Board.
(a) The Director shall appoint the Assisted Living and Shared
Housing Advisory Board which shall be responsible for advising the
Director in all aspects of the administration of the Act.
(b) The Board shall be comprised of the following persons:
(1) the Director who shall serve as chair, ex officio and
nonvoting;
(2) the Director of Aging who shall serve as vice-chair, ex
officio and nonvoting;
(3) one representative each of the Departments of Public
Health, Public Aid, and Human Services, the Department on Aging,
the Office of the State Fire Marshal, and the Illinois Housing
Development Authority, all nonvoting members;
(4) the State Ombudsman or his or her designee;
(5) one representative of the Association of Area Agencies
on Aging;
(6) four members selected from the recommendations by
provider organizations whose membership consist of nursing care
or assisted living establishments;
(7) one member selected from the recommendations of
provider organizations whose membership consists of home health
agencies;
(8) two residents of assisted living or shared housing
establishments;
(9) three members selected from the recommendations of
consumer organizations which engage solely in advocacy or legal
representation on behalf of the senior population;
(10) one member who shall be a physician;
(11) one member who shall be a registered professional
nurse selected from the recommendations of professional nursing
associations; and
(12) two citizen members with expertise in the area of
gerontology research or legal research regarding implementation
of assisted living statutes.
(c) Members of the Board created by this Act shall be appointed
to serve for terms of 3 years. All members shall be appointed no
sooner than January 1, 2000 and no later than March 1, 2000. One
third of the Board members' initial terms shall expire in one year;
one third in 2 years, and one third in 3 years. A member's term does
not expire until a successor is appointed by the Director. Any
member appointed to fill a vacancy occurring prior to the expiration
of the term for which his or her predecessor was appointed shall be
appointed for the remainder of that term. The Board shall meet at
the call of the Director. The affirmative vote of 9 members of the
Board shall be necessary for Board action. Members of this Board
shall receive no compensation for their services, however, resident
members shall be reimbursed for their actual expenses.
(d) The Board shall be provided copies of all administrative
rules and changes to administrative rules for review and comment
prior to notice being given to the public. If the Board, having been
asked for its review, fails to advise the Department within 90 days,
the rules shall be considered acted upon.
Section 130. Assisted Living and Shared Housing Quality of Life
Advisory Committee.
(a) For the purpose of this Section only, "Department" means the
Department on Aging and "Director" means the Director of Aging.
(b) There shall be established within the Department on Aging
the Assisted Living and Shared Housing Quality of Life Advisory
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Committee. The committee shall give advice to the Department on
activities of the assisted living ombudsman and all other matters
deemed relevant by the Director and to the Director of Public Health
on the delivery of personal care services, the unique needs and
concerns of seniors residing in housing projects, and all other
issues affecting the quality of life of residents. At least 3
members of the committee must serve on the Assisted Living and Shared
Housing Advisory Board. The committee shall be comprised of 19
members appointed by the Director and composed of the following
persons or their designees: the State Ombudsman; the Director of the
Division of Long Term Care; the Director of the Division of Older
American Services; one member representing the Department of Public
Health; one member representing the Area Agencies on Aging; one
member representing agencies providing case coordination services; 3
members each representing different provider organizations whose
membership consists of residential facilities serving seniors; 2
members representing providers of community care services; one member
representing the Community Based Residential Facility projects; one
member representing the Department of Public Aid's Supportive Living
Facilities; two residents of assisted living or shared housing
establishments; 2 members representing consumer groups that engage
solely in advocacy or legal representation on behalf of the senior
population; and 2 citizen members with expertise in either
gerontology research or legal research regarding the implementation
of assisted living statutes.
The Director or his or her designee shall serve as the ex officio
and nonvoting chair. The Director of Public Health or his or her
designee shall serve as the ex officio and nonvoting vice-chair. A
quorum shall consist of 10 voting members and all decisions shall be
made by simple majority. Members of the committee shall serve for 3
years or until a replacement has been named. Initial appointments
shall have staggered terms to permit no more than one-third of the
committee to be reappointed each year. Members of the committee
shall not receive compensation for their services or expenses, except
resident members, who shall be reimbursed for actual expenses. The
committee shall review and comment on proposed rules to be
promulgated pursuant to this Act by the Director or the Director of
Public Health. The Director of Public Health shall provide copies of
rules pursuant to subsection (h) of Section 110. The Director shall
provide the committee copies of all administrative rules and changes
to administrative rules for review and comment prior to notice being
given to the public. If the committee, having been asked for its
review, fails to respond within 90 days, the rules shall be
considered acted upon.
(c) The Department shall conduct a study or contract for the
conducting of a study to review the effects of this Act on the
availability of housing for seniors. The study shall evaluate
whether (i) sufficient housing exists to meet the needs of Illinois
seniors for housing, (ii) the services available under this Act meet
the needs of Illinois seniors, (iii) the private sector marketplace
is an adequate supplier of housing with services for seniors, and
(iv) any other consideration the Department and the Department of
Public Health deem relevant. The Department of Public Health Assisted
Living and Shared Housing Advisory Board shall serve in an advisory
capacity to the Department and the Committee in the development of
this report.
(d) The study mandated by subsection (c) shall be completed and
its findings and recommendations reported to the General Assembly no
later than January 1, 2003.
Section 135. Civil penalties.
(a) The Department may assess a civil penalty not to exceed
6116 JOURNAL OF THE [May 27, 1999]
$5,000 against any establishment subject to this Act for violations
of this Act. Each day a violation continues shall be deemed a
separate violation.
(b) Beginning 180 days after the adoption of rules under this
Act, the Department may assess a civil penalty not to exceed $3,000
against any establishment subject to this Act for caring for a
resident who exceeds the care needs defined in this Act. Each day a
violation continues shall be deemed a separate violation.
(c) The Department is authorized to hold hearings in contested
cases regarding appeals of the penalties assessed pursuant to this
Section.
Section 140. State and private funding. Nothing in this Act
shall:
(1) require or authorize the State agency responsible for
the administration of the medical assistance program established
under Article V and Article VI of the Illinois Public Aid Code
to approve, supply, or cover services provided in an assisted
living or shared housing establishment;
(2) require an agency or a managed care organization to
approve, supply, or cover services provided in an assisted
living or shared housing establishment; or
(3) require any other third party payer to approve, supply
or cover medically necessary home care services provided in an
assisted living establishment.
Section 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act may elect to convert to a
license under this Act. Any facility that chooses to convert, in
whole or in part, shall follow the requirements in the Nursing Home
Care Act and rules promulgated under that Act regarding voluntary
closure and notice to residents. Any conversion of existing beds
licensed under the Nursing Home Care Act to licensure under this Act
is exempt from review by the Health Facilities Planning Board.
Section 150. Alzheimer and dementia programs.
(a) Except as provided in this Section, Alzheimer and dementia
programs shall comply with provisions of this Act.
(b) No person shall be admitted or retained if the assisted
living or shared housing establishment cannot provide or secure
appropriate care, if the resident requires a level of service or type
of service for which the establishment is not licensed or which the
establishment does not provide, or if the establishment does not have
the staff appropriate in numbers and with appropriate skill to
provide such services.
(c) No person shall be accepted for residency or remain in
residence if the person's mental or physical condition has so
deteriorated to render residency in such a program to be detrimental
to the health, welfare or safety of the person or of other residents
of the establishment. The Department by rule shall identify a
validated dementia-specific standard with inter-rater reliability
that will be used to assess individual residents. The assessment must
be approved by the resident's physician and shall occur prior to
acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of
the establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in
residence if the person is dangerous to self or others and the
establishment would be unable to eliminate the danger through the use
of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in
residence if the person meets the criteria provided in subsections
(b) through (g) of Section 75 of this Act.
(f) An establishment that offers to provide a special program or
HOUSE OF REPRESENTATIVES 6117
unit for persons with Alzheimer's disease and related disorders
shall:
(1) disclose to the Department and to a potential or actual
resident of the establishment information as specified under the
Alzheimer's Special Care Disclosure Act;
(2) ensure that a resident's representative is designated
for the resident;
(3) develop and implement policies and procedures that
ensure the continued safety of all residents in the establishment
including, but not limited to, those who:
(A) may wander; and
(B) may need supervision and assistance when
evacuating the building in an emergency;
(4) provide coordination of communications with each
resident, resident's representative, relatives and other persons
identified in the resident's service plan;
(5) provide cognitive stimulation and activities to
maximize functioning;
(6) provide an appropriate number of staff for its resident
population, as established by rule;
(7) require the director or administrator and direct care
staff to complete sufficient comprehensive and ongoing dementia
and cognitive deficit training, the content of which shall be
established by rule; and
(8) develop emergency procedures and staffing patterns to
respond to the needs of residents.
Section 155. Application of Act. An establishment licensed
under this Act shall obtain and maintain all other licenses,
permits, certificates, and other governmental approvals required of
it, except that a licensed assisted living or shared housing
establishment is exempt from the provisions of the Illinois Health
Facilities Planning Act. An establishment licensed under this Act
shall comply with the requirements of all local, State, federal, and
other applicable laws, rules, and ordinances and the National Fire
Protection Association's Life Safety Code.
Section 165. Assisted Living and Shared Housing Regulatory Fund.
There is created in the State treasury a special fund to be known as
the Assisted Living and Shared Housing Regulatory Fund. All moneys
received by the Department under this Act shall be deposited into the
Fund. Subject to appropriation, moneys in the Fund shall be used
for the administration of this Act. Interest earned on moneys in the
Fund shall be deposited into the Fund.
Section 160. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 189. The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the Office of
State Long Term Care Ombudsman ("the Office"), in accordance with the
provisions of the Older Americans Act of 1965, as now or hereafter
amended.
(b) Definitions. As used in this Section, unless the context
requires otherwise:
(1) "Access" has the same meaning as in Section 1-104 of
the Nursing Home Care Act, as now or hereafter amended; that is,
it means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment;
(ii) Communicate privately and without restriction
6118 JOURNAL OF THE [May 27, 1999]
with any resident who consents to the communication;
(iii) Seek consent to communicate privately and
without restriction with any resident;
(iv) Inspect the clinical and other records of a
resident with the express written consent of the resident;
(v) Observe all areas of the long term care facility
or assisted living or shared housing establishment except
the living area of any resident who protests the
observation.
(2) "Long Term Care Facility" means any facility as defined
by Section 1-113 of the Nursing Home Care Act, as now or
hereafter amended.
(2.5) "Assisted living establishment" and "shared housing
establishment" have the meanings given those terms in Section 10
of the Assisted Living and Shared Housing Act.
(3) "Ombudsman" means any person employed by the Department
to fulfill the requirements of the Office, or any representative
of a sub-State long term care ombudsman program; provided that
the representative, whether he is paid for or volunteers his
ombudsman services, shall be qualified and authorized by the
Department to perform the duties of an ombudsman as specified by
the Department in rules.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
within the Department and shall include a system of designated
sub-State long term care ombudsman programs. Each sub-State program
shall be designated by the Department as a subdivision of the Office
and any representative of a sub-State program shall be treated as a
representative of the Office.
The Department shall promulgate administrative rules to establish
the responsibilities of the Department and the Office of State Long
Term Care Ombudsman. The administrative rules shall include the
responsibility of the Office to investigate and resolve complaints
made by or on behalf of residents of long term care facilities and
assisted living and shared housing establishments relating to
actions, inaction, or decisions of providers, or their
representatives, of long term care facilities, of assisted living and
shared housing establishments, of public agencies, or of social
services agencies, which may adversely affect the health, safety,
welfare, or rights of such residents. When necessary and appropriate,
representatives of the Office shall refer complaints to the
appropriate regulatory State agency.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and subparagraphs
(A) and (E) of paragraph (3) of subsection (c) of Section 1919 of
the Social Security Act, as now or hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 42 U.S.C. 1396r-3 (c)(3)(A) and
(E)), and Section 307(a)(12) of the Older Americans Act of 1965,
as now or hereafter amended, a long term care facility, assisted
living establishment, and shared housing establishment must:
(i) permit immediate access to any resident by an
ombudsman; and
(ii) permit representatives of the Office, with the
permission of the resident's legal representative or legal
guardian, to examine a resident's clinical and other
records, and if a resident is unable to consent to such
review, and has no legal guardian, permit representatives of
the Office appropriate access, as defined by the Department
in administrative rules, to the resident's records.
(2) Each long term care facility, assisted living
HOUSE OF REPRESENTATIVES 6119
establishment, and shared housing establishment shall display, in
multiple, conspicuous public places within the facility
accessible to both visitors and patients and in an easily
readable format, the address and phone number of the Office, in a
manner prescribed by the Office.
(e) Immunity. An ombudsman or any other representative of the
Office participating in the good faith performance of his or her
official duties shall have immunity from any liability (civil,
criminal or otherwise) in any proceedings (civil, criminal or
otherwise) brought as a consequence of the performance of his
official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or attempt
to impede in any way any representative of the Office in the
performance of his official duties under this Act and the
Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate against, or
effect reprisals against any long term care facility
resident or employee for contacting or providing information
to any representative of the Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The Director of Aging shall notify the State's Attorney
of the county in which the long term care facility is located, or
the Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities. No files or
records maintained by the Office of State Long Term Care Ombudsman
shall be disclosed unless the State Ombudsman or the ombudsman having
the authority over the disposition of such files authorizes the
disclosure in writing. The ombudsman shall not disclose the identity
of any complainant, resident, witness or employee of a long term care
provider involved in a complaint or report unless such person or
such person's guardian or legal representative consents in writing to
the disclosure, or the disclosure is required by court order.
(h) Legal representation. The Attorney General shall provide
legal representation to any representative of the Office against whom
suit or other legal action is brought in connection with the
performance of the representative's official duties, in accordance
with the State Employee Indemnification Act "An Act to provide for
representation and indemnification in certain civil law suits",
approved December 3, 1977, as now or hereafter amended.
(i) Treatment by prayer and spiritual means. Nothing in this Act
shall be construed to authorize or require the medical supervision,
regulation, or control of remedial care or treatment of any resident
in a long term care facility operated exclusively by and for members
or adherents of any church or religious denomination the tenets and
practices of which include reliance solely upon spiritual means
through prayer for healing.
(Source: P.A. 90-639, eff. 1-1-99.)
Section 191. The Illinois Health Facilities Planning Act is
amended by changing Section 3 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
Sec. 3. As used in this Act:
"Health care facilities" means and includes the following
facilities and organizations:
1. An ambulatory surgical treatment center required to be
licensed pursuant to the Ambulatory Surgical Treatment Center
Act;
2. An institution, place, building, or agency required to
be licensed pursuant to the Hospital Licensing Act;
6120 JOURNAL OF THE [May 27, 1999]
3. Skilled and intermediate long term care facilities Any
institution required to be licensed under pursuant to the Nursing
Home Care Act;
4. Hospitals, nursing homes, ambulatory surgical treatment
centers, or kidney disease treatment centers maintained by the
State or any department or agency thereof; and
5. Kidney disease treatment centers, including a
free-standing hemodialysis unit.
No federally owned facility shall be subject to the provisions of
this Act, nor facilities used solely for healing by prayer or
spiritual means.
No facility licensed under the Supportive Residences Licensing
Act or the Assisted Living and Shared Housing Act shall be subject to
the provisions of this Act.
A facility designated as a supportive living facility that is in
good standing with the demonstration project established under
Section 5-5.01a of the Illinois Public Aid Code shall not be subject
to the provisions of this Act.
This Act does not apply to facilities granted waivers under
Section 3-102.2 of the Nursing Home Care Act. However, if a
demonstration project under that Act applies for a certificate of
need to convert to a nursing facility, it shall meet the licensure
and certificate of need requirements in effect as of the date of
application.
This Act shall not apply to the closure of an entity or a portion
of an entity licensed under the Nursing Home Care Act that elects to
convert, in whole or in part, to an assisted living or shared housing
establishment licensed under the Assisted Living and Shared Housing
Establishment Act.
With the exception of those health care facilities specifically
included in this Section, nothing in this Act shall be intended to
include facilities operated as a part of the practice of a physician
or other licensed health care professional, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to physicians
or other licensed health care professional's practices where such
practices are carried out in a portion of a health care facility
under contract with such health care facility by a physician or by
other licensed health care professionals, whether practicing in his
individual capacity or within the legal structure of any partnership,
medical or professional corporation, or unincorporated medical or
professional groups. This Act shall apply to construction or
modification and to establishment by such health care facility of
such contracted portion which is subject to facility licensing
requirements, irrespective of the party responsible for such action
or attendant financial obligation.
"Person" means any one or more natural persons, legal entities,
governmental bodies other than federal, or any combination thereof.
"Consumer" means any person other than a person (a) whose major
occupation currently involves or whose official capacity within the
last 12 months has involved the providing, administering or financing
of any type of health care facility, (b) who is engaged in health
research or the teaching of health, (c) who has a material financial
interest in any activity which involves the providing, administering
or financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person defined
by (a), (b), or (c).
"State Board" means the Health Facilities Planning Board.
"Construction or modification" means the establishment, erection,
building, alteration, reconstruction, modernization, improvement,
HOUSE OF REPRESENTATIVES 6121
extension, discontinuation, change of ownership, of or by a health
care facility, or the purchase or acquisition by or through a health
care facility of equipment or service for diagnostic or therapeutic
purposes or for facility administration or operation, or any capital
expenditure made by or on behalf of a health care facility which
exceeds the capital expenditure minimum.
"Establish" means the construction of a health care facility or
the replacement of an existing facility on another site.
"Major medical equipment" means medical equipment which is used
for the provision of medical and other health services and which
costs in excess of the capital expenditure minimum, except that such
term does not include medical equipment acquired by or on behalf of a
clinical laboratory to provide clinical laboratory services if the
clinical laboratory is independent of a physician's office and a
hospital and it has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11) of
Section 1861(s) of such Act. In determining whether medical
equipment has a value in excess of the capital expenditure minimum,
the value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the acquisition of
such equipment shall be included.
"Capital Expenditure" means an expenditure: (A) made by or on
behalf of a health care facility (as such a facility is defined in
this Act); and (B) which under generally accepted accounting
principles is not properly chargeable as an expense of operation and
maintenance, or is made to obtain by lease or comparable arrangement
any facility or part thereof or any equipment for a facility or part;
and which exceeds the capital expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and other
activities essential to the acquisition, improvement, expansion, or
replacement of any plant or equipment with respect to which an
expenditure is made shall be included in determining if such
expenditure exceeds the capital expenditures minimum. Donations of
equipment or facilities to a health care facility which if acquired
directly by such facility would be subject to review under this Act
shall be considered capital expenditures, and a transfer of equipment
or facilities for less than fair market value shall be considered a
capital expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject to
review.
"Capital expenditure minimum" means $1,000,000 for major medical
equipment and $2,000,000 for all other capital expenditures, both of
which shall be annually adjusted to reflect the increase in
construction costs due to inflation.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health planning and
for health service and having within it one or more local areas for
health planning and health service. The term "region", as contrasted
with the term "subregion", and the word "area" may be used
synonymously with the term "areawide".
"Local" means a subarea of a delineated major area that on a
geographic, demographic, and functional basis may be considered to be
part of such major area. The term "subregion" may be used
synonymously with the term "local".
"Areawide health planning organization" or "Comprehensive health
planning organization" means the health systems agency designated by
the Secretary, Department of Health and Human Services or any
successor agency.
"Local health planning organization" means those local health
planning organizations that are designated as such by the areawide
6122 JOURNAL OF THE [May 27, 1999]
health planning organization of the appropriate area.
"Physician" means a person licensed to practice in accordance
with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person licensed to
practice a health profession under pertinent licensing statutes of
the State of Illinois.
"Director" means the Director of the Illinois Department of
Public Health.
"Agency" means the Illinois Department of Public Health.
"Comprehensive health planning" means health planning concerned
with the total population and all health and associated problems that
affect the well-being of people and that encompasses health services,
health manpower, and health facilities; and the coordination among
these and with those social, economic, and environmental factors that
affect health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96; 90-14, eff.
7-1-97.)
Section 192. The State Finance Act is amended by adding Section
5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Assisted Living and Shared Housing Regulatory
Fund.
Section 193. The Alzheimer's Special Care Disclosure Act is
amended by changing Section 10 as follows:
(210 ILCS 4/10)
Sec. 10. Facility defined. As used in this Act, "facility"
means a facility licensed or permitted under the Nursing Home Care
Act, the Life Care Facility Act, the Assisted Living and Shared
Housing Act, or the Community Living Facilities Licensing Act.
(Source: P.A. 90-341, eff. 1-1-98.)
Section 194. The Abused and Neglected Long Term Care Facility
Residents Reporting Act is amended by changing Section 4 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist, osteopath,
chiropractor, podiatrist, Christian Science practitioner, coroner,
social worker, social services administrator, registered nurse, law
enforcement officer, field personnel of the Illinois Department of
Public Aid, field personnel of the Illinois Department of Public
Health and County or Municipal Health Departments, personnel of the
Department of Human Services (acting as the successor to the
Department of Mental Health and Developmental Disabilities or the
Department of Public Aid), personnel of the Guardianship and Advocacy
Commission, personnel of the State Fire Marshal, local fire
department inspectors or other personnel, or personnel of the
Illinois Department on Aging, or its subsidiary Agencies on Aging, or
employee of a facility licensed under the Assisted Living and Shared
Housing Act, having reasonable cause to believe any resident with
whom they have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports to be
made under this Section include all employees of the State of
Illinois who are involved in providing services to residents,
including professionals providing medical or rehabilitation services
and all other persons having direct contact with residents; and
further include all employees of community service agencies who
provide services to a resident of a public or private long term care
facility outside of that facility. Any long term care surveyor of the
Illinois Department of Public Health who has reasonable cause to
HOUSE OF REPRESENTATIVES 6123
believe in the course of a survey that a resident has been abused or
neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this Section but
the results of any such investigation shall be forwarded to the
central register in a manner and form described by the Department.
The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report
the abuse or neglect of a resident under Section 3-610 of the Nursing
Home Care Act.
In addition to the above persons required to report suspected
resident abuse and neglect, any other person may make a report to the
Department, or to any law enforcement officer, if such person has
reasonable cause to suspect a resident has been abused or neglected.
This Section also applies to residents whose death occurs from
suspected abuse or neglect before being found or brought to a
hospital.
A person required to make reports or cause reports to be made
under this Section who fails to comply with the requirements of this
Section is guilty of a Class A misdemeanor.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 195. The Nursing Home Care Act is amended by changing
Section 1-113 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other place,
whether operated for profit or not, or a county home for the infirm
and chronically ill operated pursuant to Division 5-21 or 5-22 of the
Counties Code, or any similar institution operated by a political
subdivision of the State of Illinois, which provides, through its
ownership or management, personal care, sheltered care or nursing for
3 or more persons, not related to the applicant or owner by blood or
marriage. It includes skilled nursing facilities and intermediate
care facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the authority of
the Illinois Department of Veterans' Affairs.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the federal
government or agency thereof, or by the State of Illinois, other than
homes, institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose principal
activity or business is the diagnosis, care, and treatment of human
illness through the maintenance and operation as organized facilities
therefor, which is required to be licensed under the Hospital
Licensing Act;
(3) Any "facility for child care" as defined in the Child Care
Act of 1969;
(4) Any "Community Living Facility" as defined in the Community
Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined in the
Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by and for
persons who rely exclusively upon treatment by spiritual means
through prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination. However, such
nursing home or sanatorium shall comply with all local laws and rules
relating to sanitation and safety;
(7) Any facility licensed by the Department of Human Services as
a community-integrated living arrangement as defined in the
Community-Integrated Living Arrangements Licensure and Certification
6124 JOURNAL OF THE [May 27, 1999]
Act;
(8) Any "Supportive Residence" licensed under the Supportive
Residences Licensing Act; or
(9) Any "supportive living facility" in good standing with the
demonstration project established under Section 5-5.01a of the
Illinois Public Aid Code; or.
(10) Any assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act.
(Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; 90-14, eff.
7-1-97; 90-763, eff. 8-14-98.)
Section 196. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. For the purposes of this Act, the
following definitions apply:
"Applicant" means an individual seeking employment with a health
care employer who has received a bona fide conditional offer of
employment.
"Conditional offer of employment" means a bona fide offer of
employment by a health care employer to an applicant, which is
contingent upon the receipt of a report from the Department of State
Police indicating that the applicant does not have a record of
conviction of any of the criminal offenses enumerated in Section 25.
"Direct care" means the provision of nursing care or assistance
with meals, dressing, movement, bathing, or other personal needs or
maintenance, or general supervision and oversight of the physical and
mental well-being of an individual who is incapable of managing his
or her person whether or not a guardian has been appointed for that
individual.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life Care
Facilities Act;
(iii) a long-term care facility, as defined in the Nursing
Home Care Act;
(iv) a home health agency, as defined in the Home Health
Agency Licensing Act;
(v) a full hospice, as defined in the Hospice Program
Licensing Act;
(vi) a hospital, as defined in the Hospital Licensing Act;
(vii) a community residential alternative, as defined in
the Community Residential Alternatives Licensing Act;
(viii) a nurse agency, as defined in the Nurse Agency
Licensing Act;
(ix) a respite care provider, as defined in the Respite
Program Act;
(x) an establishment licensed under the Assisted Living and
Shared Housing Act;
(xi) a supportive living program, as defined in the
Illinois Public Aid Code;
(2) a day training program certified by the Department of Human
Services; or
(3) a community integrated living arrangement operated by a
community mental health and developmental service agency, as defined
in the Community-Integrated Living Arrangements Licensing and
Certification Act.
"Initiate" means the obtaining of the authorization for a record
check from a student, applicant, or employee. The educational entity
or health care employer or its designee shall transmit all necessary
HOUSE OF REPRESENTATIVES 6125
information and fees to the Illinois State Police within 10 working
days after receipt of the authorization.
(Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97; 89-674, eff.
8-14-96; 90-14, eff. 7-1-97; 90-776, eff. 1-1-99.)
Section 197. The Criminal Code of 1961 is amended by changing
Section 12-19 as follows:
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. Abuse and Gross Neglect of a Long Term Care Facility
Resident.
(a) Any person or any owner or licensee of a long term care
facility who abuses a long term care facility resident is guilty of a
Class 3 felony. Any person or any owner or licensee of a long term
care facility who grossly neglects a long term care facility resident
is guilty of a Class 4 felony. However, nothing herein shall be
deemed to apply to a physician licensed to practice medicine in all
its branches or a duly licensed nurse providing care within the scope
of his or her professional judgment and within the accepted standards
of care within the community.
(b) Notwithstanding the penalties in subsections (a) and (c) and
in addition thereto, if a licensee or owner of a long term care
facility or his or her employee has caused neglect of a resident, the
licensee or owner is guilty of a petty offense. An owner or licensee
is guilty under this subsection (b) only if the owner or licensee
failed to exercise reasonable care in the hiring, training,
supervising or providing of staff or other related routine
administrative responsibilities.
(c) Notwithstanding the penalties in subsections (a) and (b) and
in addition thereto, if a licensee or owner of a long term care
facility or his or her employee has caused gross neglect of a
resident, the licensee or owner is guilty of a business offense for
which a fine of not more than $10,000 may be imposed. An owner or
licensee is guilty under this subsection (c) only if the owner or
licensee failed to exercise reasonable care in the hiring, training,
supervising or providing of staff or other related routine
administrative responsibilities.
(d) For the purpose of this Section:
(1) "Abuse" means intentionally or knowingly causing any
physical or mental injury or committing any sexual offense set
forth in this Code.
(2) "Gross neglect" means recklessly failing to provide
adequate medical or personal care or maintenance, which failure
results in physical or mental injury or the deterioration of a
physical or mental condition.
(3) "Neglect" means negligently failing to provide adequate
medical or personal care or maintenance, which failure results in
physical or mental injury or the deterioration of a physical or
mental condition.
(4) "Resident" means a person residing in a long term care
facility.
(5) "Owner" means the person who owns a long term care
facility as provided under the Nursing Home Care Act or an
assisted living or shared housing establishment under the
Assisted Living and Shared Housing Act.
(6) "Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act or the
Assisted Living and Shared Housing Act.
(7) "Facility" or "long term care facility" means a private
home, institution, building, residence, or any other place,
whether operated for profit or not, or a county home for the
infirm and chronically ill operated pursuant to Division 5-21 or
5-22 of the Counties Code, or any similar institution operated by
6126 JOURNAL OF THE [May 27, 1999]
the State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined in
Title XVIII and Title XIX of the federal Social Security Act and
assisted living establishments and shared housing establishments
licensed under the Assisted Living and Shared Housing Act.
(e) Nothing contained in this Section shall be deemed to apply
to the medical supervision, regulation or control of the remedial
care or treatment of residents in a facility conducted for those who
rely upon treatment by prayer or spiritual means in accordance with
the creed or tenets of any well recognized church or religious
denomination and which is licensed in accordance with Section 3-803
of the Nursing Home Care Act.
(Source: P.A. 86-820; 86-1475.)
Section 199. Effective date. This Section, Section 10, Section
110, Section 125, and Section 130 of this Act take effect upon
becoming law; the remaining Sections of this Act take effect January
1, 2001.".
Submitted on May 26, 1999
s/Sen. Beverly Fawell s/Rep. Joseph M. Lyons
s/Sen. Dave Syverson s/Rep. Barbara Flynn Currie
s/Sen. Laura Kent Donahue s/Rep. Daniel Burke
s/Sen. Barack Obama s/Rep. Mary Lou Cowlishaw
s/Sen. Margaret Smith s/Rep. Elizabeth Coulson
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:
HOUSE BILL NO. 452
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 452
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 Amendments Nos.
1, 2, and 3 to House Bill 452, recommend the following:
(1) that the House concur in Senate Amendments Nos. 1, 2, and 3;
and
(2) that House Bill 452, AS AMENDED, be further amended by
inserting after Section 35-10 of Article 35 the following:
"Article 40.
Section 40-5. Upon the payment of the sum of $1 to the State of
Illinois, the Secretary of Transportation is authorized to convey by
quitclaim deed to the City of Chicago all access rights to and from
existing Stony Island Avenue and the real estate described below and
all access rights to and from existing 95th Street and the real
HOUSE OF REPRESENTATIVES 6127
estate described below having a distance of 300 feet measured east
along 95th Street from the West property line of the following
described real estate:
PARCEL 1.
THE WEST 425.00 FEET, AS MEASURED ON THE NORTH LINE OF AN
IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12,
TOWNSHIP 37, NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE
WEST 100 FEET OF SAID NORTH WEST 1/4 AND THE SOUTH LINE OF THE
NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE SOUTH ALONG THE EAST
LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4, 581.22 FEET
MORE OR LESS TO INTERSECTION WITH A LINE WHICH IS 59 FEET
NORTHEASTERLY OF AND PARALLEL TO THE NORTHEASTERLY LINE OF THE
ORIGINAL 66 FOOT RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA
RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE
96.40 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES, A DISTANCE OF
1,031.20 FEET TO A POINT; THENCE NORTH, A DISTANCE OF 99.89 FEET
TO A POINT IN THE SOUTH LINE OF THE NORTH 50 FEET OF SAID NORTH
WEST 1/4, ALONG A LINE WHICH MAKES A RIGHT ANGLE WITH SAID SOUTH
LINE OF THE NORTH 50 FEET OF SAID NORTH WEST 1/4; THENCE WEST
921.71 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT
PART OF THE WEST 425 FEET, AS MEASURED ON THE NORTH LINE, OF AN
IRREGULAR PARCEL OF LAND IN THE NORTH WEST 1/4 OF SECTION 12,
TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF THE EAST LINE OF STONY ISLAND AVENUE (BEING THE
EAST LINE OF THE WEST 100 FEET OF SAID NORTH WEST 1/4) AND THE
SOUTH LINE OF 95TH STREET (BEING THE SOUTH LINE OF THE NORTH 50
FEET OF SAID NORTH WEST 1/4); THENCE SOUTH ALONG SAID EAST LINE
FOR A DISTANCE OF 581.22 FEET MORE OR LESS TO THE INTERSECTION OF
SAID EAST LINE WITH A LINE WHICH IS 59 FEET NORTHEASTERLY OF AND
PARALLEL WITH THE NORTHEASTERLY LINE OF THE ORIGINAL 66 FOOT WIDE
RIGHT OF WAY OF THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY;
THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE FOR A DISTANCE OF
96.40 FEET; THENCE NORTHEASTERLY ALONG A LINE WHICH IS AT RIGHT
ANGLE TO SAID PARALLEL LINE FOR A DISTANCE OF 5 FEET TO A POINT
WHICH IS 659.78 FEET SOUTH AND 56.09 FEET EAST OF THE POINT OF
BEGINNING, AS MEASURED ALONG AND AT RIGHT ANGLES TO SAID EAST
LINE; THENCE NORTHWESTERLY ALONG A LINE WHICH IS 5 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE AFOREMENTIONED PARALLEL
LINE FOR A DISTANCE OF 72.64 FEET TO A POINT WHICH IS 598.56 FEET
SOUTH AND 17 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED
ALONG AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHERLY
ALONG A LINE WHICH IS 17 FEET EASTERLY OF AN PARALLEL WITH SAID
EAST LINE FOR A DISTANCE OF 202.16 FEET; THENCE NORTHEASTERLY FOR
A DISTANCE OF 259.12 FEET TO A POINT WHICH IS 139.02 FEET SOUTH
AND 47.03 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG
AND AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 52.65 FEET TO A POINT WHICH IS 88.75 FEET SOUTH AND
62.74 FEET EAST OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID EAST LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 35.16 FEET TO A POINT WHICH IS 89.43 FEET EAST AND
64.55 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR
DISTANCE OF 52.65 FEET TO A POINT WHICH IS 141.01 FEET EAST AND
53.57 FEET SOUTH OF THE POINT OF BEGINNING, AS MEASURED ALONG AND
AT RIGHT ANGLES TO SAID SOUTH LINE; THENCE NORTHEASTERLY FOR A
DISTANCE OF 284.58 FEET TO A POINT ON THE EAST PROPERTY LINE OF
SAID PARCEL OF LAND; THENCE NORTH ALONG SAID EAST PROPERTY LINE
FOR A DISTANCE OF 42.60 FEET TO A POINT ON SAID SOUTH LINE, SAID
6128 JOURNAL OF THE [May 27, 1999]
POINT BEGINNING 425 FEET EAST OF THE POINT OF BEGINNING; THENCE
WEST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING), IN COOK
COUNTY, ILLINOIS.
PARCEL 2.
A PARCEL OF LAND IN THE NORTH WEST 1/4 OF THE NORTH WEST 1/4 OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE ORIGINAL SOUTH LINE OF EAST 95TH
STREET, SAID POINT BEING 405 FEET EAST OF THE EAST LINE OF STONY
ISLAND AVENUE; THENCE SOUTH ON A LINE 405 FEET EAST OF AND
PARALLEL TO SAID LINE OF 95TH STREET TO ITS INTERSECTION WITH THE
NORTHERLY RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF
CHICAGO (A DISTANCE OF 433.93 FEET, PLUS OR MINUS), SAID POINT OF
INTERSECTION BEING THE POINT OF BEGINNING; THENCE SOUTH ALONG THE
PREVIOUSLY DESCRIBED LINE EXTENDED A DISTANCE OF 195.07 FEET,
MORE OR LESS; THENCE WEST AT RIGHT ANGLES TO LAST DESCRIBED LINE
A DISTANCE OF 300 FEET MORE OR LESS, TO A POINT ON SAID NORTH
RIGHT-OF-WAY LINE OF THE BELT RAILWAY COMPANY OF CHICAGO; THENCE
NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
Section 40-10. The Secretary of Transportation shall obtain a
certified copy of the portions of this Act containing the title,
enacting clause, the appropriate Section containing the land
descriptions of the property to be transferred or otherwise affected,
and this Section within 60 days after its effective date and, upon
receipt of payment required by the Section or Sections, if any
payment is required, shall record the certified document in the
Recorder's Office in the county which the land is located."; and
in Section 90-50, Sec. 7-103, paragraph (48), by replacing "36
months" with "48 36 months"; and
in Section 90-50, Sec. 7-103, paragraph (94), by replacing the final
period with the following:
";
(95) for a period of 3 years after the effective date of this
amendatory Act of the 91st General Assembly (in the case of the
permanent easements described in items (A) and (C)), by the City of
Crest Hill, for acquisition of the following easements:
(A) Permanent easement for the purposes of installation,
maintenance, and use of water or sewer, or both water and sewer,
lines in, along, through, and under the following legally
described property:
The East 70 feet of the North half of the North half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10, East of the Third Principal Meridian (Except therefrom the
North 12 Rods of the East 13 1/2 Rods thereof, and also except
the South 99 feet of the East 440 feet thereof), in Will County,
Illinois.
(B) Temporary easement for purposes of initial construction
of the water or sewer, or both water and sewer, lines in, along,
through, and under the permanent easement described in item (A).
The temporary easement herein shall arise on September 1, 1999
and shall cease on August 31, 2001 and is legally described as
follows:
The East 100 feet of the North half of the North half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10, East of the Third Principal Meridian (Except therefrom the
North 12 Rods of the East 13 1/2 Rods thereof, and also except
the South 99 feet of the East 440 feet thereof), in Will County,
Illinois.
(C) Permanent easement for the purposes of installation,
HOUSE OF REPRESENTATIVES 6129
maintenance, and use of water or sewer, or both water and sewer,
lines in, along, through, and under the following legally
described property:
The East 70 feet of the West 120 feet of the South half of
the Southeast Quarter of Section 30, in township 36 North, and in
Range 10 East of the Third Principal Meridian, in Will County,
Illinois, excepting therefrom the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of the
Elgin, Joliet and Eastern Railway Company, in Will County,
Illinois.
Exception 2: The West 200 feet of said South half, in Will
County, Illinois.
Exception 3: That part of the South half of the Southeast
Quarter of Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, described as follows: Beginning at
a point 250 feet East of the West line of said South half of the
Southeast Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a line
250 feet East of and parallel with the West line of said
Southeast Quarter a distance of 1004.55 feet to a point; thence
Northwesterly along a diagonal line 65.85 feet to its
intersection with a line drawn 200 feet East of and parallel to
the West line of said Southeast Quarter, said point also being
100.75 feet South of the North line of the South half of said
Southeast Quarter, as measured along said parallel line; thence
South along the last described parallel line a distance of
1045.02 feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning, in Will
County, Illinois.
Exception 4: Beginning at the Southeast comer of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian, thence Northerly along
the East line of said Section for a distance of 346.5 feet;
thence Westerly along a line 346.5 feet distant from and parallel
with the South line of said Section for a distance of 297 feet;
thence Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of 346.5 feet
to a point, said point being on the South line of said Section;
thence Easterly along said South line of said Section 297 feet to
the point of beginning, in Will County, Illinois.
Exception 5: That part dedicated for highway purposes in
instrument recorded January 28, 1986 as Document No. R86-03205
described as follows: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian bounded and described as
follows: Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and Eastern
Railway Company with the South line of said Southeast Quarter,
thence on an assumed bearing of North 90.00 degrees 00 minutes 00
seconds East along said South line a distance of 288.02 feet;
thence North 00 degrees 00 minutes 00 seconds East a distance of
33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way line of
said railway company; thence South 49 degrees 15 minutes 53
seconds East along said Northeasterly right-of-way line, a
distance of 84.28 feet to the point of beginning, in Will County,
Illinois.
Exception 6: The North 850 feet of the East 1025 feet of the
South half of the Southeast Quarter of Section 30, Township 36
6130 JOURNAL OF THE [May 27, 1999]
North, and in Range 10 East of the Third Principal Meridian, in
Will County, Illinois.
(D) Temporary easement for purposes of initial construction
of the water or sewer, or both water and sewer, lines in, along,
through, and under the permanent easement described in item (C).
The temporary easement herein shall arise on September 1, 1999
and shall cease on August 31, 2001 and is legally described as
follows:
The East 100 feet of the West 150 feet of the South half of
the Southeast Quarter of Section 30, in Township 36 North, and in
Range 10 East of the Third Principal Meridian, in Will County,
Illinois, excepting therefrom the following described tracts:
Exception 1: That part of said South half lying
Southwesterly of the Northeasterly right-of-way line of the
Elgin, Joliet and Eastern Railway Company, in Will County,
Illinois.
Exception 2: The West 200 feet of said South half, in Will
County, Illinois.
Exception 3: That part of the South half of the Southeast
Quarter of Section 30, Township 36 North, and in Range 10 East of
the Third Principal Meridian, described as follows: Beginning at
a point 250 feet East of the West line of said South half of the
Southeast Quarter and 180.58 feet North of the South line of said
South half of the Southeast Quarter; thence North along a line
250 feet East of and parallel with the West line of said
southeast Quarter a distance of 1004.55 feet to a point; thence
Northwesterly along a diagonal line 65.85 feet to its
intersection with a line drawn 200 feet East of and parallel to
the West line of said Southeast Quarter, said point also being
100.75 feet South of the North line of the South half of said
Southeast Quarter, as measured along said parallel line; thence
South along the last described parallel line a distance of
1045.02 feet to a point 50 feet West of the point of beginning
and 180.58 feet North of the South line of said Southeast
Quarter; thence East 50 feet to the point of beginning, in Will
County, Illinois.
Exception 4: Beginning at the Southeast corner of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian, thence Northerly along
the East line of said Section for a distance of 346.5 feet;
thence Westerly along a line 346.5 feet distant from and parallel
with the South line of said Section for a distance of 297 feet;
thence Southerly along a line 297 feet distant from and parallel
with the East line of said Section for a distance of 346.5 feet
to a point, said point being on the South line of said Section;
thence Easterly along said South line of said Section 297 feet to
the point of beginning, in Will County, Illinois.
Exception 5: That part dedicated for highway purposes in
instrument recorded January 28, 1986 as Document No. R86-03205
described as follows: That part of the South half of the
Southeast Quarter of Section 30, Township 36 North, and in Range
10 East of the Third Principal Meridian bounded and described as
follows: Beginning at the point of intersection of the
Northeasterly right-of-way line of the Elgin, Joliet and Eastern
Railway Company with the South line of said Southeast Quarter;
thence on an assumed bearing of North 90.00 degrees 00 minutes 00
seconds East along said South line a distance of 288.02 feet;
thence North 00 degrees 00 minutes 00 seconds East a distance of
33.0 feet; thence North 86 degrees 25 minutes 22 seconds West a
distance of 352.57 feet to the Northeasterly right-of-way line of
said railway company; thence South 49 degrees 15 minutes 53
HOUSE OF REPRESENTATIVES 6131
seconds East along said Northeasterly right-of-way line, a
distance of 84.28 feet to the point of beginning, in Will County,
Illinois.
Exception 6: The North 850 feet of the East 1025 feet of the
South half of the Southeast Quarter of Section 30, Township 36
North, and in Range 10 East of the Third Principal Meridian, in
Will County, Illinois;
(96) for a period of 4 years after the effective date of this
amendatory Act of the 91st General Assembly, by the Village of
Palatine, for the acquisition of the following described property for
the purpose of revitalizing the downtown business area:
Lots 1 through 3 in Block D of the Subdivision of the North 24.60
acres in the NE 1/4 of the NE 1/4 of Section 22, Township 42, Range
10 East of the Third Principal Meridian, in Cook County, IL;
Property bounded by Bothwell Street, Railroad right-of-way, Plum
Grove Road and Chicago Avenue in the Village of Palatine;
Lots 1 through 8 in Block K, of the Town of Palatine, a
subdivision of the West 16 2/3 acres of the South 31 acres of the
West 1/2 of the Southwest 1/4 of Section 14 and the Southeast 24.12
acres of the South 31 acres of the East 1/2 of the Southeast 1/4 of
Section 15, Township 42 North, Range 10, East of the Third Principal
Meridian, Ante-Fire, Re-recorded April 10, 1877 as Document 129579,
in Cook County, Illinois;
Property bounded by Wilson Street, Plum Grove Road, Slade Street,
Railroad right-of-way and Bothwell Street in the Village of Palatine;
Lots 1 through 8 in Block 8 of the Subdivision of part of the
East 1/2 of the SE 1/4 Section, Ante-Fire, Re-recorded on April 10,
1877 as Document Number 129579;
Lots 20 and 21 and the West 71.25 feet of Lot 24 of Arthur T.
McIntosh and Company's Palatine Farms, being a subdivision of Section
16, Township 42, Range 10 East of the Third Principal Meridian, in
Cook County, IL, recorded on June 16, 1919;
Lots 1 through 3 of Millin's Subdivision of the SE 1/4 of Section
15, Township 42, Range 10 East of the Third Principal Meridian, in
Cook County, IL;
Property bounded by Colfax Street, Smith Street and Millin's
Subdivision of the SE 1/4 of Section 15, Township 42, Range 10 East
of the Third Principal Meridian, in Cook County, IL;
Property bounded by Wood Street, Brockway Street and Railroad
right-of-way in the Village of Palatine;
Lots 45 through 50 and 58 through 64 of Arthur T. McIntosh and
Company's Palatine Farms, being a subdivision of Section 16, Township
42, Range 10 East of the Third Principal Meridian, in Cook County,
IL, recorded on June 16, 1919; and
Property bounded by Railroad right-of-way, Brockway Street and Slade
Street in the Village of Palatine.".
Submitted on May 26, 1999
s/Sen. William Mahar s/Rep. Gary Hannig
s/Sen. Dick Klemm s/Rep. Daniel Burke
s/Sen. Frank Watson s/Rep. Kurt Granberg
s/Sen. Robert Molaro s/Rep. Art Tenhouse
s/Sen. Vince Demuzio 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
6132 JOURNAL OF THE [May 27, 1999]
Conference Committee Report:
HOUSE BILL NO. 523
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 523
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 Amendments Nos.
1 and 2 to House Bill 523, recommend the following:
(1) that the Senate recede from Senate Amendments Nos. 1 and 2;
and
(2) that House Bill 523 be amended as follows:
by replacing everything after the enacting clause with the following:
"Section 1. Legislative intent. State and federal governments
and organizations have studied the changing habits of consumer
purchasing and are discussing a movement from retailers' occupation
taxes to taxes which are more efficiently collected from catalog and
electronic commerce vendors of tangible personal property. It is the
intent of the General Assembly that this amendatory Act of the 91st
General Assembly contain a delayed collection date until January 1,
2002 to allow additional time for the study of the effects of a shift
in the methods of imposing and collecting taxes on consumption.
Section 5. The Illinois Municipal Code is amended by changing
Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 as follows:
(65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1)
Sec. 8-11-1.1. Non-home rule municipalities; imposition of
taxes.
(a) The corporate authorities of a non-home rule municipality
with a population greater than 130,000 but less than 2,000,000 may,
upon approval of the electors of the municipality pursuant to
subsection (b) of this Section, impose by ordinance or resolution the
1/2 of 1% tax authorized in Sections 8-11-1.3, 8-11-1.4 and 8-11-1.5
of this Act.
(b) The corporate authorities of the municipality may by
ordinance or resolution call for the submission to the electors of
the municipality the question of whether the municipality shall
impose such tax. Such question shall be certified by the municipal
clerk to the election authority in accordance with Section 28-5 of
the Election Code and shall be in a form in accordance with Section
16-7 of the Election Code.
If a majority of the electors in the municipality voting upon the
question vote in the affirmative, such tax shall be imposed.
An ordinance or resolution imposing the 1/2 of 1% tax hereunder
or discontinuing the same shall be adopted and a certified copy
thereof, together with a certification that the ordinance or
resolution received referendum approval in the case of the imposition
of such tax, filed with the Department of Revenue, on or before the
first day of June, whereupon the Department shall proceed to
administer and enforce the additional tax or to discontinue the tax,
as the case may be, as of the first day of September next following
such adoption and filing. Beginning January 1, 1992, an ordinance or
resolution imposing or discontinuing the tax hereunder shall be
adopted and a certified copy thereof filed with the Department on or
before the first day of July, whereupon the Department shall proceed
HOUSE OF REPRESENTATIVES 6133
to administer and enforce this Section as of the first day of October
next following such adoption and filing. Beginning January 1, 1993,
an ordinance or resolution imposing or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed with
the Department on or before the first day of October, whereupon the
Department shall proceed to administer and enforce this Section as of
the first day of January next following such adoption and filing. A
non-home rule municipality may file a certified copy of an ordinance
or resolution, with a certification that the ordinance or resolution
received referendum approval in the case of the imposition of the
tax, with the Department of Revenue, as required under this Section,
only after October 2, 2000.
(Source: P.A. 86-928; 87-205.)
(65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' Occupation Tax
Act. The corporate authorities of a non-home rule municipality with
more than 130,000 but less than 2,000,000 inhabitants may impose a
tax upon all persons engaged in the business of selling tangible
personal property, other than on an item of tangible personal
property which is titled and registered by an agency of this State's
Government, at retail in the municipality at the rate of 1/2 of 1%
for expenditure on public infrastructure as defined in Section
8-11-1.2 if approved by referendum as provided in Section 8-11-1.1,
of the gross receipts from such sales made in the course of such
business. The tax may not be imposed on the sale of food for human
consumption that is to be consumed off the premises where it is sold
(other than alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, and insulin,
urine testing materials, syringes, and needles used by diabetics. The
tax imposed by a municipality pursuant to this Section and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
certificate of registration which is issued by the Department to a
retailer under the Retailers' Occupation Tax Act shall permit such
retailer to engage in a business which is taxable under any ordinance
or resolution enacted pursuant to this Section without registering
separately with the Department under such ordinance or resolution or
under this Section. The Department shall have full power to
administer and enforce this Section; to collect all taxes and
penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided, and to determine all
rights to credit memoranda, arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with, this Section, the Department and persons who are
subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in
Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect
to all provisions therein other than the State rate of tax), 2c, 3
(except as to the disposition of taxes and penalties collected), 4,
5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7,
8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act as fully as if
those provisions were set forth herein.
No municipality may impose a tax under this Section unless the
municipality also imposes a tax at the same rate under Section
8-11-1.4 of this Code.
Persons subject to any tax imposed pursuant to the authority
granted in this Section may reimburse themselves for their seller's
6134 JOURNAL OF THE [May 27, 1999]
tax liability hereunder by separately stating such tax as an
additional charge, which charge may be stated in combination, in a
single amount, with State tax which sellers are required to collect
under the Use Tax Act, pursuant to such bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified, and to
the person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the non-home rule
municipal retailers' occupation tax fund.
The Department shall forthwith pay over to the State Treasurer,
ex officio, as trustee, all taxes and penalties collected hereunder.
On or before the 25th day of each calendar month, the Department
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities, the municipalities to
be those from which retailers have paid taxes or penalties hereunder
to the Department during the second preceding calendar month. The
amount to be paid to each municipality shall be the amount (not
including credit memoranda) collected hereunder during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts which were
erroneously paid to a different taxing body, and not including an
amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of such
municipality, and not including any amount which the Department
determines is necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the municipality.
Within 10 days after receipt, by the Comptroller, of the disbursement
certification to the municipalities, provided for in this Section to
be given to the Comptroller by the Department, the Comptroller shall
cause the orders to be drawn for the respective amounts in accordance
with the directions contained in such certification.
For the purpose of determining the local governmental unit whose
tax is applicable, a retail sale, by a producer of coal or other
mineral mined in Illinois, is a sale at retail at the place where the
coal or other mineral mined in Illinois is extracted from the earth.
This paragraph does not apply to coal or other mineral when it is
delivered or shipped by the seller to the purchaser at a point
outside Illinois so that the sale is exempt under the Federal
Constitution as a sale in interstate or foreign commerce.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
When certifying the amount of a monthly disbursement to a
municipality under this Section, the Department shall increase or
decrease such amount by an amount necessary to offset any
misallocation of previous disbursements. The offset amount shall be
the amount erroneously disbursed within the previous 6 months from
the time a misallocation is discovered.
The Department of Revenue shall implement this amendatory Act of
the 91st General Assembly so as to collect the tax on and after
January 1, 2002.
As used in this Section, "municipal" and "municipality" means a
city, village or incorporated town, including an incorporated town
which has superseded a civil township.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Retailers' Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)
HOUSE OF REPRESENTATIVES 6135
(65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation Tax
Act. The corporate authorities of a non-home rule municipality with
a population of more than 130,000 but less than 2,000,000 may impose
a tax upon all persons engaged, in such municipality, in the business
of making sales of service at the rate of 1/2 of 1% for expenditure
on public infrastructure as defined in Section 8-11-1.2 if approved
by referendum as provided in Section 8-11-1.1, of the selling price
of all tangible personal property transferred by such servicemen
either in the form of tangible personal property or in the form of
real estate as an incident to a sale of service. The tax may not be
imposed on the sale of food for human consumption that is to be
consumed off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines, drugs,
medical appliances, and insulin, urine testing materials, syringes,
and needles used by diabetics. The tax imposed by a municipality
pursuant to this Section and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the State
Department of Revenue. The certificate of registration which is
issued by the Department to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act shall
permit such registrant to engage in a business which is taxable under
any ordinance or resolution enacted pursuant to this Section without
registering separately with the Department under such ordinance or
resolution or under this Section. The Department shall have full
power to administer and enforce this Section; to collect all taxes
and penalties due hereunder; to dispose of taxes and penalties so
collected in the manner hereinafter provided, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty hereunder. In the administration of, and
compliance with, this Section the Department and persons who are
subject to this Section shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions
therein other than the State rate of tax), 4 (except that the
reference to the State shall be to the taxing municipality), 5, 7, 8
(except that the jurisdiction to which the tax shall be a debt to the
extent indicated in that Section 8 shall be the taxing municipality),
9 (except as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this municipal tax
may not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation Tax
Act), 13 (except that any reference to the State shall mean the
taxing municipality), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of the
Uniform Penalty and Interest Act, as fully as if those provisions
were set forth herein.
No municipality may impose a tax under this Section unless the
municipality also imposes a tax at the same rate under Section
8-11-1.3 of this Code.
Persons subject to any tax imposed pursuant to the authority
granted in this Section may reimburse themselves for their
serviceman's tax liability hereunder by separately stating such tax
as an additional charge, which charge may be stated in combination,
in a single amount, with State tax which servicemen are authorized to
collect under the Service Use Tax Act, pursuant to such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made
6136 JOURNAL OF THE [May 27, 1999]
under this Section to a claimant instead of issuing credit
memorandum, the Department shall notify the State Comptroller, who
shall cause the order to be drawn for the amount specified, and to
the person named, in such notification from the Department. Such
refund shall be paid by the State Treasurer out of the municipal
retailers' occupation tax fund.
The Department shall forthwith pay over to the State Treasurer,
ex officio, as trustee, all taxes and penalties collected hereunder.
On or before the 25th day of each calendar month, the Department
shall prepare and certify to the Comptroller the disbursement of
stated sums of money to named municipalities, the municipalities to
be those from which suppliers and servicemen have paid taxes or
penalties hereunder to the Department during the second preceding
calendar month. The amount to be paid to each municipality shall be
the amount (not including credit memoranda) collected hereunder
during the second preceding calendar month by the Department, and not
including an amount equal to the amount of refunds made during the
second preceding calendar month by the Department on behalf of such
municipality. Within 10 days after receipt, by the Comptroller, of
the disbursement certification to the municipalities and the General
Revenue Fund, provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the orders
to be drawn for the respective amounts in accordance with the
directions contained in such certification.
The Department of Revenue shall implement this amendatory Act of
the 91st General Assembly so as to collect the tax on and after
January 1, 2002.
Nothing in this Section shall be construed to authorize a
municipality to impose a tax upon the privilege of engaging in any
business which under the constitution of the United States may not be
made the subject of taxation by this State.
As used in this Section, "municipal" or "municipality" means or
refers to a city, village or incorporated town, including an
incorporated town which has superseded a civil township.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Service Occupation Tax Act".
(Source: P.A. 86-928; 86-1475; 87-205; 87-895.)
(65 ILCS 5/8-11-1.5) (from Ch. 24, par. 8-11-1.5)
Sec. 8-11-1.5. Non-Home Rule Municipal Use Tax Act. The
corporate authorities of a non-home rule municipality with a
population greater than 130,000 but less than 2,000,000 may impose a
tax upon the privilege of using, in such municipality, any item of
tangible personal property which is purchased at retail from a
retailer, and which is titled or registered with an agency of this
State's government, at a rate of 1/2 of 1% and based on the selling
price of such tangible personal property, as "selling price" is
defined in the Use Tax Act, for expenditure on public infrastructure
as defined in Section 8-11-1.2, if approved by referendum as provided
in Section 8-11-1.1. Such tax shall be collected from persons whose
Illinois address for title or registration purposes is given as being
in such municipality. Such tax shall be collected by the municipality
imposing such tax. A non-home rule municipality may not impose and
collect the tax prior to January 1, 2002.
This Section shall be known and may be cited as the "Non-Home
Rule Municipal Use Tax Act".
(Source: P.A. 86-928.)".
Submitted on May 27, 1999
s/Sen. William Peterson s/Rep. Frank Mautino
s/Sen. Wendell Jones s/Rep. Calvin Giles
HOUSE OF REPRESENTATIVES 6137
s/Sen. Stanley Weaver s/Rep. Barbara Flynn Currie
s/Sen. James Clayborne Rep. Art Tenhouse
s/Sen. Arthur Berman s/Rep. Sidney Mathias
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:
HOUSE BILL NO. 542
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 542
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 542, recommend the following:
(1) that the House concur in Senate Amendment No. 1; and
(2) that House Bill 542 be further amended, AS AMENDED, with
reference to page and line numbers of Senate Amendment No. 1, on page
8, below line 28, by inserting the following:
"(27) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-90."; and
on page 14, below line 29, by inserting the following:
"(20) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-75."; and
on page 20, below line 9, by inserting the following:
"(21) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
6138 JOURNAL OF THE [May 27, 1999]
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 3-55."; and
on page 28, below line 7, by inserting the following:
"(33) Beginning January 1, 2000, personal property, including
food, purchased through fundraising events for the benefit of a
public or private elementary or secondary school, a group of those
schools, or one or more school districts if the events are sponsored
by an entity recognized by the school district that consists
primarily of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to fundraising events
(i) for the benefit of private home instruction or (ii) for which the
fundraising entity purchases the personal property sold at the events
from another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits from the
sale to the fundraising entity. This paragraph is exempt from the
provisions of Section 2-70.".
Submitted on May 26, 1999
s/Sen. Bradley Burzynski s/Rep. Barbara Flynn Currie
Sen. William Peterson Rep. Coy Pugh
Sen. Chris Lauzen s/Rep. Gary Hannig
s/Sen. Barack Obama s/Rep. Dan Rutherford
s/Sen. Arthur Berman s/Rep. Mary Lou Cowlishaw
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:
HOUSE BILL NO. 733
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 733
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 733, recommend the following:
(1) that the Senate recede from Senate Amendment No. 1; and
(2) that House Bill 733 be amended by replacing the title with
the following:
"AN ACT in relation to health care."; and tf
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Hospital
HOUSE OF REPRESENTATIVES 6139
Cooperation Act.
Section 5. Legislative findings. The General Assembly finds that
the goals of controlling health care costs and improving the quality
of and access to open-heart surgery in Health Service Area V may be
significantly enhanced by a cooperative agreement that would be
prohibited by State and federal antitrust laws if undertaken without
governmental involvement. The purpose of this Act is to substitute
regulation for competition by creating an opportunity for the State
to review proposed agreements and to approve an agreement under
certain prescribed conditions and circumstances under which an
agreement is highly likely to result in lower costs, greater access,
and improved quality for open-heart surgery in Health Service Area V,
and would not otherwise occur in the competitive health care
marketplace. The General Assembly intends that approval of an
agreement be accompanied by appropriate conditions, supervision, and
regulation to protect against private abuses of economic power, and
that an agreement approved by the State Board and accompanied by
appropriate conditions, supervision, and regulation shall not be
subject to State or federal antitrust liability. The General Assembly
finds that the market for open-heart surgery is extremely diverse in
Illinois. Health Service Area V is believed to have extraordinary
rates of outmigration for open-heart surgery, with residents
traveling hundreds of miles, often out-of-state, for care. Providing
open-heart surgery close to home is medically useful to a patient's
recovery, because visits of families and friends can improve a
patient's psycho-social capacity to cope with disease. Providing
incentives to increase quality care for open-heart surgery in areas
without it is desirable.
Section 10. Definitions. In this Act:
"Access" means the financial, temporal, and geographic
availability of open-heart surgery to individuals who need it.
"Applicants" means the parties to a cooperative agreement for
which a permit from the State Board is sought under this Act.
"Cooperative agreement" means an agreement among 2 or more health
care providers for the sharing or allocation of medical, diagnostic,
or laboratory facilities or services customarily offered by health
care providers providing open-heart surgery, including mergers,
consolidations, or other acquisitions.
"Cost" or "cost of health care" means the amount paid by
consumers or third-party payers for open-heart surgery.
"Criteria" means the cost, access, and quality of open-heart
surgery.
"Health care provider" or "provider" means any person licensed
by the State under the Hospital Licensing Act.
"Person" means an individual, legal entity, or affiliate.
"State Board" means the Cooperative Hospital Agreement Board.
"Permitholder" means the party or parties to a cooperative
agreement for which a permit from the State Board has been approved
under this Act.
"Health Service Area V" means "HSA V" as defined by rule of
Illinois Health Facilities Planning Board in effect on the effective
date of this Act and consists of the following Illinois counties:
Alexander, Bond, Clay, Crawford, Edwards, Effingham, Fayette,
Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson,
Johnson, Lawrence, Marion, Massac, Perry, Pope, Pulaski, Randolph,
Richland, Saline, Union, Wabash, Washington, Wayne, White, and
Williamson.
"Open-heart surgery" means a category of service which utilizes
any form of cardiac surgery which requires the circulation of blood
outside the body, as through a heart-lung apparatus for carbon
dioxide-oxygen exchange.
6140 JOURNAL OF THE [May 27, 1999]
Section 15. Cooperative Hospital Agreement Board; creation;
members.
(a) The Cooperative Hospital Agreement Board is created in the
Office of the Director of Public Health. The State Board shall
consist of 11 members appointed by the Governor, with the advice and
consent of the Senate, from the following groups and industries:
(1) Two practicing hospital administrators, one from a
hospital with fewer than 50 beds;
(2) One currently serving hospital board member;
(3) One practicing licensed physician;
(4) Two consumers;
(5) One health care payer;
(6) Two representatives from business and industry, one of
whom shall be an independent small business owner;
(7) One practicing attorney who has particular knowledge or
expertise in antitrust law; and
(8) One health care economist.
No more than 6 members of the State Board may be affiliated with
the same political party.
(b) The initial board shall be divided into one group of 4
members, one group of 3 members, and 2 groups of 2 members, all as
designated by the Governor. The term of the first group shall expire
on June 30, 2000, the term of the second group shall expire on June
30, 2001, the term of the third group shall expire on June 30, 2002,
and the term of the fourth group shall expire on June 30, 2003.
Thereafter, when the term of any member expires, the successor shall
be appointed for a term of 4 years. Each member shall serve until
the member's resignation, death, or removal during that member's term
or, in the case of a member whose term has expired, until a successor
has been appointed and qualified. The Governor shall fill any
vacancy for the remainder of the term. All members are eligible for
reappointment but may serve no more than 2 4-year terms, except that
initial appointees may serve 2 4-year terms in addition to their
initial term. No person may serve as a member of the State Board or
on the staff of the State Board while a member or on the staff of the
Illinois Health Facilities Planning Board.
(c) The nominees to membership on the State Board shall disclose
any potential conflicts of interest to the Governor before accepting
appointment. The State Board shall, as one of its first actions,
adopt rules to govern contacts and communications between its members
and applicants and shall establish policies to require any member who
has a conflict of interest to immediately disclose that conflict and
disqualify himself or herself from voting in any proceeding
associated with the conflict of interest.
(d) One State Board member, designated by the Governor, shall
call and convene the initial organizational meeting of the State
Board and shall serve as its temporary chair. At the initial meeting
the State Board shall elect from its membership a chair, vice-chair,
and secretary. All State Board officers shall hold office at the
pleasure of the State Board. The secretary, with whatever assistance
the State Board may prescribe, shall keep a record of the proceedings
of the State Board and shall be custodian of the minute books, the
State Board's official seal, and all books, documents, and papers
filed with the State Board. Regular meetings shall be held at least
once every 3 months, at times fixed by resolution of the State Board.
Special meetings may be held in accordance with the bylaws. All
meetings of the State Board shall be open to the public. A majority
of the State Board shall constitute a quorum for the transaction of
its business. Members shall receive reimbursement of their expenses.
All State Board meetings shall be deemed to have been duly called and
regularly held, and all orders and proceedings of the State Board
HOUSE OF REPRESENTATIVES 6141
shall be deemed to have been duly authorized, unless proved to the
contrary.
(e) All State Board members shall serve at the pleasure of the
Governor, except that any member shall be removed by the Governor if
that member fails for any reason to attend 3 regular meetings during
any 12-month period and the State Board has not entered its approval
of any absence in its minutes. During their terms of office, all
State Board members are prohibited from being a party to a contract
for profit with the State Board.
(f) The Director of Public Health shall provide clerical and
professional staff and meeting facilities necessary for the State
Board to carry out its functions.
Section 20. Approval of cooperative agreements; powers of the
State Board. Approval of a cooperative agreement requires a
three-fourths vote of the State Board. On and after March 1, 2000,
the State Board shall not approve any cooperative agreement. The
State Board shall continue to exercise all of its powers with respect
to a cooperative agreement approved before March 1, 2000, including
without limitation its power to terminate or modify its approval,
require the submission of reports and other information, conduct
audits, and subpoena witnesses and the production of books, records,
and documents.
Section 25. Needs study. The State Board, in consultation with
the Attorney General, shall commission a needs study to determine
whether the goals of controlling health care costs and improving the
quality of and access to open-heart surgery in Health Service Area V
will be significantly enhanced by a cooperative agreement that would
be prohibited by State or federal antitrust laws if undertaken
without governmental involvement. The study shall be designed to
determine whether hospital-based open-heart surgery requires a
cooperative agreement exempt from State and federal antitrust laws
and the feasibility of providing open-heart surgery at a reasonable
rate of return without engaging in predatory pricing activities or
any other abuse of power, based upon reasonable assumptions of market
conditions in Health Service Area V. The study shall consider all
options for providing open-heart surgery for Health Service Area V.
Section 30. Health care cooperative agreement; goals. Acting by
their boards of directors or boards of trustees or as individuals, 2
or more health care providers may enter into a cooperative agreement
concerning sharing or allocation of open-heart surgery facilities and
services that shall be designed to achieve the following goals in
Health Service Area V:
(1) reducing open-heart surgery costs for consumers;
(2) improving access to open-heart surgery services; and
(3) improving the quality of open-heart surgery patient
care.
Section 35. Approval of a health care cooperative agreement.
(a) Health care providers seeking to implement a cooperative
agreement that might be construed to be a violation of State or
federal antitrust laws but that is in the best interest of the State
and furthers the policies and goals of this Act may apply for a
permit from the State Board as provided in this Section. This permit
shall be in addition to any permit or exemption required under any
provisions of the Illinois Health Facilities Planning Act. Nothing
in this Act shall be construed as requiring a health care provider to
obtain approval from the State Board of any cooperative agreement.
The decision to seek State Board approval of a cooperative agreement
shall be in the sole discretion of the parties to the cooperative
agreement. No cooperative agreement implemented without first
obtaining approval from the State Board as provided in this Section
shall be eligible for any protection or immunity created by Section
6142 JOURNAL OF THE [May 27, 1999]
85.
(b) Applications for a permit shall be in a form prescribed by
the State Board but shall contain at least the following:
(1) a descriptive title;
(2) a table of contents;
(3) names of each party to the application and the address
of the principal business office of each party;
(4) the names, addresses, and telephone numbers of the
persons authorized to receive notices and communications with
respect to the application;
(5) a verified statement by a responsible officer of each
party to the application attesting to the accuracy and
completeness of the enclosed information;
(6) background information relating to the proposed
agreement, including:
(A) a description of the proposed agreement;
(B) an identification of any tangential equipment
associated with the proposed agreement;
(C) a description of that portion of Health Service
Area V involved in the proposed agreement;
(D) if the portion of Health Service Area V described
in item (C) is different from the portion in which the
applicants have engaged in the type of business at issue
over the last 5 years, a description of how and why the
portion differs;
(E) identification of all services that a substantial
share of consumers would consider substitutes for open-heart
surgery;
(F) identification of whether open-heart surgery is
currently being offered or is capable of being offered by
other providers in the portion of Health Service Area V
described in item (C);
(G) identification of the steps necessary, under
current market and regulatory conditions, for other parties
to enter the territory described in item (C) and compete
with the applicants;
(H) a description of the previous history of dealings
between the parties to the application;
(I) a detailed explanation of the projected effects,
including expected volume, change in price, and increased
revenue, of the agreement on each party's current
businesses, both generally and the aspects of the business
directly involved in the proposed agreement;
(J) the present market share of the parties to the
application and of others affected by the proposed agreement
and projected market shares after implementation of the
proposed agreement;
(K) a statement of why the projected levels of cost,
access, and quality could not be achieved in the existing
market without the proposed agreement;
(L) an explanation of how the agreement relates to any
Illinois health care plans for delivery of health care; and
(M) a statement of any consideration received or to be
received by any party under the proposed agreement;
(7) a detailed explanation or implementation plan that
states how and when the cooperative action identified in the
agreement will meet the goals specified in Section 30;
(8) an explanation of the impact the agreement is likely to
have directly on the State, including the cost of State employee
health care, Medicaid costs, and workers compensation costs;
(9) a copy of the proposed agreement; and
HOUSE OF REPRESENTATIVES 6143
(10) a fee determined by the State Board, but in an amount
sufficient to cover the cost of processing applications,
including costs of the Attorney General and the State Board, and
the cost of periodic reviews and supervision of the
implementation of a cooperative agreement under this Act.
(c) In addition to the information required in subsection (b),
the application must contain a written description of the proposed
agreement for purposes of publication in the Illinois Register and in
a newspaper of general circulation in the area affected by the
cooperative agreement. The notice must include sufficient information
to advise the public of the nature of the proposed agreement and to
enable the public to provide meaningful comments concerning the
expected results of the agreement. The notice must also state that
any person may provide written comments to the State Board, with
copies to the applicants and to the Attorney General, within 60 days
after the notice's publication. The State Board shall approve the
notice before publication. If the State Board determines that the
submitted notice does not provide sufficient information, the State
Board may amend the notice before publication and may consult with
the applicants in preparing the amended notice. The State Board
shall not publish an amended notice without the applicants' approval.
(d) For a proposed agreement involving multiple parties, one
joint application must be submitted on behalf of all parties to the
agreement.
(e) Trade secret information, as defined in the Freedom of
Information Act, shall be protected to the extent required under that
Act.
(f) If the Attorney General or the State Board determines that
an application is unclear, incomplete, or provides an insufficient
basis on which to base a decision, the State Board shall return the
application. The applicants may complete or revise the application
and resubmit it.
(g) The Attorney General or the State Board may decline to
review any application relating to agreements already in effect
before the submission of the application. However, the State Board
shall review any application if the review is expressly provided for
in a settlement agreement entered into before the enactment of this
Section by the applicants and the Attorney General.
(h) Upon the showing of good cause, the State Board may extend
any of the time limits stated in this Act at the request of the
applicants or the Attorney General, except that no application for
permit to implement a cooperative agreement shall be accepted by the
State Board after October 31, 1999 or approved by the State Board
after March 1, 2000.
Section 40. Notice and comment.
(a) The State Board shall cause the notice described in
subsection (c) of Section 35 to be published in the Illinois Register
and in a newspaper of general circulation in the area affected by the
cooperative agreement. The State Board shall also cause the notice
to be delivered, by certified mail, to persons affected by the
proposed agreement and identified in subparagraph (J) of paragraph
(6) of subsection (b) of Section 35. The State Board may send a
copy of the notice to any person together with a request that the
person comment as provided under subsection (b). Copies of the
request must be provided to the applicants.
(b) Within 30 days after the notice is published, any person may
mail to the State Board written comments with respect to the
application. Persons submitting comments shall provide a copy of the
comments to the applicants. The applicants may mail to the State
Board written responses to any comments within 10 days after the
deadline for mailing comments. The applicants shall send a copy of
6144 JOURNAL OF THE [May 27, 1999]
the response to the person submitting the comment.
(c) When an application for permit to implement a cooperative
agreement is made to the State Board, the State Board shall commence
a public hearing within a reasonable period after receipt of the
application, not to exceed 90 days. Notice of the hearing shall be
made promptly to the applicants, to the Attorney General, to any
persons affected by the proposed agreement and identified in
subparagraph (J) of paragraph (6) of subsection (b) of Section 35,
and by publication in a newspaper of general circulation in the area
affected by the cooperative agreement.
Section 45. Attorney General; review; recommendation.
(a) Upon receipt of an application for permit to implement a
cooperative agreement, the State Board shall submit the application
to the Attorney General for review. The Attorney General shall
review the application and shall recommend to the State Board, in
writing, the approval or denial of the application, provided the
Attorney General's review shall not include determinations under
subsection (d) or (e) of Section 50. If the Attorney General
recommends to the State Board the denial of an application, the
Attorney General shall state the reasons for that recommendation. The
State Board shall not approve any application if the Attorney General
recommends denial of the application, unless the State Board
determines there is a compelling State interest in approving the
application and there is a unanimous vote of its members.
Section 50. Criteria for issuance of permit.
(a) The State Board may issue a permit to implement a
cooperative agreement if the Attorney General and the State Board
determine that the applicants have demonstrated by clear and
convincing evidence that:
(1) the goals specified in Section 30 are highly likely to
be met by implementing the proposed cooperative agreement and
would not otherwise occur under existing market conditions or
conditions likely to develop without an exemption or immunity
from State and federal antitrust law; and
(2) the benefits resulting from the agreement are highly
likely to outweigh the disadvantages that may result from the
agreement, and that predatory pricing or any other abuse of power
will not occur. In making that determination, the Attorney
General and the State Board shall employ a cost-benefit analysis
and the needs study.
(b) In making a determination about cost, access, and quality,
the Attorney General and the State Board shall consider the following
factors, among others:
(1) whether the proposal is compatible with cost
containment or plans of the Illinois Health Facilities Planning
Board.
(2) market structure:
(A) actual and potential sellers and buyers or
providers and purchasers;
(B) actual and potential consumers;
(C) geographic market area;
(D) new delivery mechanisms; and
(E) entry conditions;
(3) current market conditions;
(4) the historical behavior of the market;
(5) performance of other similar agreements;
(6) whether the proposal unnecessarily restrains
competition or restrains competition in ways not reasonably
related to the purposes of this Act;
(7) whether competition as it currently exists in the
market is likely to produce better results in terms of cost,
HOUSE OF REPRESENTATIVES 6145
access and quality; and
(8) the financial condition of the applicants.
(c) The analysis of cost must focus on the individual consumer
of health care. Cost savings to be realized by providers, health
carriers, group purchasers, or other participants in the health care
system, are relevant only to the extent that the savings are highly
likely to be passed on to the consumer. Where an application is
submitted by providers who are paid primarily by third party payers
unaffiliated with the providers, however, it is sufficient for the
providers to show that cost savings are highly likely to be passed on
to the unaffiliated third party payers and the providers do not have
the burden of proving that third party payers with whom the providers
are not affiliated will pass on cost savings to individuals receiving
coverage through the third party payers. In making determinations as
to costs, the Attorney General and the State Board shall consider,
among other matters:
(1) the cost savings likely to result to the applicants;
(2) the extent to which the cost savings are likely to be
passed on to the consumer and in what form;
(3) the extent to which the proposed agreement is likely to
result in cost shifting by the applicants onto other payers or
purchasers of other products or services;
(4) the extent to which the cost shifting by the applicants
is likely to be followed by other persons in the market;
(5) the current and anticipated supply and demand for any
products or services at issue;
(6) the representations and guarantees of the applicants
and their enforceability;
(7) likely effectiveness of regulation by the State Board;
(8) inferences to be drawn from market structure;
(9) the cost of regulation, both for the State and for the
applicants; and
(10) any other factors tending to show that the proposed
agreement is or is not highly likely to reduce cost.
(d) In making determinations as to access, the State Board shall
consider, among other matters:
(1) the extent to which the use of open-heart surgery by the
intended targeted population is highly likely to increase or
decrease; when a proposed agreement is highly likely to increase
access in one geographic area, by lowering prices or otherwise
expanding supply, but limits access in another geographic area by
removing service capabilities from that second area, the State
Board shall articulate the criteria employed to balance these
effects;
(2) the extent to which the proposed agreement is highly
likely to make available a new and needed service or product to a
certain geographic area; and
(3) the extent to which the proposed agreement is highly
likely to otherwise make open-heart surgery more financially or
geographically available to persons who need them. If the State
Board determines that the proposed agreement is highly likely to
increase access and bases that determination on a projected
increase in utilization, the State Board shall also determine and
make a specific finding that the increase in utilization does not
reflect overutilization.
(e) In making determinations as to quality, the State Board shall
consider, among others, the extent to which the proposed agreement is
highly likely to:
(1) decrease morbidity and mortality;
(2) result in faster convalescence;
(3) result in fewer hospital days;
6146 JOURNAL OF THE [May 27, 1999]
(4) permit providers to attain needed experience or
frequency of treatment, highly likely to lead to better outcomes;
(5) increase patient satisfaction;
(6) results in modern health care facilities; and
(7) have any other features likely to improve or reduce the
quality of health care.
Section 55. Decision.
(a) The State Board shall issue a written decision approving or
denying the application for permit. The State Board may condition
approval on a modification of all or part of the proposed agreement
to eliminate any restriction on competition that is not reasonably
related to the goals of reducing cost or improving access or quality.
The State Board shall, independently or upon recommendation of the
Attorney General, also establish conditions for approval that are
reasonably necessary to protect consumers against predatory pricing,
insufficient competition, or other abuses of private economic power
and to ensure that the agreement is appropriately supervised and
regulated by the State.
(b) The State Board's decision shall make specific findings of
fact concerning the cost, access, and quality criteria.
(c) A decision approving an application for permit shall require
the submission of specific data and reports concerning the
implementation of the agreement, including how the agreement is
accomplishing its goals, data relating to cost, access, and quality,
and to the extent feasible, identify objective standards of cost,
access, and quality by which the success of the agreement will be
measured. The submission of the data and reports shall be required at
least annually. The Attorney General shall receive copies of any
reports received by the State Board.
Section 60. Appeal. The decision of the State Board to approve
or deny a permit to implement a cooperative agreement is subject to
the provisions of the Administrative Review Law. Any person who is
adversely affected by a decision of the State Board to approve or
deny a permit to implement a cooperative agreement may have that
decision judicially reviewed.
Section 65. Supervision after approval.
(a) The State Board, in consultation with the Attorney General,
shall supervise, monitor, and regulate approved agreements.
(b) The Attorney General and the State Board shall review data
submitted periodically by the permitholder. The permit issued by the
State Board shall set forth the time schedule for the submission of
data to the State Board and to the Attorney General, which shall be
at least once a year. The permit shall identify the data that must
be submitted, including all data relevant to the pricing and costs of
health care services, and the Attorney General and the State Board
may subsequently require the submission of additional data or alter
the time schedule. Upon review of the data submitted, the State
Board shall notify the permitholder of whether the agreement or its
implementation is in compliance with the permit. Implementation of
the agreement shall not be in compliance if, at any time, the
permitholder has either (i) raised any prices in excess of the
consumer price index or (ii) lowered any prices in an amount greater
than any reduction in costs for the relevant services. If the
agreement or its implementation is not in compliance with the permit,
the Attorney General or the State Board shall identify those respects
in which the agreement or its implementation does not conform to the
permit. The Attorney General or the State Board may require the
submission of information from any other market participant. A permit
holder receiving notification that an agreement or its implementation
is not in compliance has 30 days in which to respond with additional
data. The response may include a proposal and a time schedule by
HOUSE OF REPRESENTATIVES 6147
which the permitholder will bring the agreement or its implementation
into compliance with the permit. If the agreement or its
implementation is not in compliance and the State Board and the
permitholder cannot agree to the terms for bringing the agreement or
its implementation into compliance, the matter shall be set for a
hearing before a hearing officer appointed by the State Board. The
State Board shall publish notice in the Illinois Register and in a
newspaper of general circulation in the area affected by the
cooperative agreement one year after the date of issuance of a permit
approving an application, and at 2 year intervals thereafter,
soliciting comments from the public concerning the impact that the
agreement or its implementation has had on cost, access, and quality.
The Attorney General and the State Board may request additional oral
or written information from the permitholder or from any other
source.
Section 70. Administrative fine. In addition to any remedies
available under Section 75, if the State Board determines that a
party to a cooperative agreement is not in compliance with the terms
of the agreement or its implementation, the State Board may impose an
administrative fine of up to $10,000 for each day the party is not in
compliance.
Section 75. Revocation.
(a) The State Board may revoke a permit to implement a
cooperative agreement if it finds by clear and convincing evidence
that:
(1) Any of the following circumstances exist:
(A) the agreement or its implementation is not in
substantial compliance with the terms of the application;
(B) the agreement or its implementation is not in
substantial compliance with the conditions of approval;
(C) the agreement has not and is not likely to
substantially achieve the improvements in cost, access, or
quality identified in the permit as the basis for the State
Board's approval of the agreement;
(D) the benefits resulting from the agreement do not
outweigh the disadvantages attributable to any reduction in
competition;
(E) the conditions in the market place have changed to
such an extent that competition would promote reductions in
cost and improvements in access and quality better than does
the agreement at issue; in order to revoke on the basis that
conditions in the marketplace have changed, the State Board
shall identify specific changes in the marketplace and
articulate why those changes warrant revocation;
(F) the parties to the agreement fail to submit
periodic progress reports requested by the State Board;
(G) materially misleading information was submitted in
the application; or
(H) the parties have failed to implement the agreement
with due diligence; and
(2) The parties to the agreement have failed to provide
reasonable proposals for alternatives to revocation and have
rejected modifications to or restructuring of the agreement
identified by the State Board pursuant to subsection (d) of this
Section.
(b) If a party to an agreement that is the subject of a permit
seeks to terminate its participation in the agreement, the party
shall file a notice of termination with the State Board at least 30
days prior to the proposed effective date of the termination. Upon
receipt of a notice of termination, the State Board may institute
revocation proceedings. If any parties seek to terminate the
6148 JOURNAL OF THE [May 27, 1999]
agreement, the parties shall file a notice of termination at least 30
days prior to the proposed effective date of the termination.
(c) The State Board shall begin a proceeding to revoke a permit
to implement a cooperative agreement by providing written notice to
the permitholder describing in detail the basis for the proposed
revocation. Notice of the proceeding must be published in the
Illinois Register. The notice must invite the submission of comments
to the State Board.
(d) In deciding whether to revoke a permit to implement a
cooperative agreement, the State Board shall take into account the
hardship that the revocation may impose on the applicants and any
potential disruption of the market as a whole. The State Board shall
not revoke an approval if the agreement can be modified,
restructured, or regulated so as to remedy the problem upon which the
revocation proceeding is based. The permitholder may submit proposals
for alternatives to revocation. Before approving an alternative to
revocation that involves modifying or restructuring an agreement, the
State Board shall publish notice in the Illinois Register that any
person may comment on the proposed modification or restructuring
within 20 days after publication of the notice. The State Board
shall not approve the modification or restructuring until the comment
period has concluded. An approved modified or restructured agreement
is subject to supervision under Section 65.
(e) The permitholder cannot be held liable under State or federal
antitrust law for unintentional acts that occurred while the permit
was in effect, except to the extent that the permitholder failed to
comply with the terms of the permit. The permitholder is fully
subject to State and federal antitrust law after the revocation
becomes effective and may be held liable for acts that occur after
the revocation.
Section 80. Recordkeeping. The State Board shall maintain a
file of all agreements for which approval orders are issued and that
remain in effect.
Section 85. Health care provider cooperative agreements;
antitrust exemption.
(a) This Act does not confer authority to engage in agreements,
tacit, implied, or express, which are not submitted to the State
Board for approval if those agreements are in violation of State or
federal antitrust laws. Conduct seemingly pursuant to provisions of
this law done without the good faith intention to accomplish an
agreement approved by the State Board is not entitled to the
protections and immunities of this Section.
(b) It is the intent of this Act to require the State, through
the State Board, to provide direction, supervision, and control over
a cooperative agreement. To achieve the goals specified in Section
30, this State direction, supervision, and control will provide
immunity from any civil or criminal liability under the Illinois
Antitrust Act and State-action immunity under federal antitrust laws
to (i) health care providers, their governing board members, and
their officers, agents, and employees who take authorized actions to
implement a cooperative agreement approved under this Act and (ii)
persons representing health care providers who participate in
discussions or negotiations concerning the allocation of open-heart
surgery as authorized under this Act.
Section 90. Health care cooperative agreement; Attorney General
action. The Attorney General shall have all the powers necessary or
convenient for the representation and protection of the public
interest in all proceedings under this Act, including, without
limitation, the right to intervene as a party or otherwise
participate in any proceeding under this Act. Nothing in this Act
shall limit the authority of the Attorney General to initiate an
HOUSE OF REPRESENTATIVES 6149
action to enforce the civil or criminal liability provisions of the
Illinois Antitrust Act if the Attorney General determines that a
health care provider, the members of its governing board, or its
officers, agents, or employees have exceeded the scope of the actions
authorized under this Act.
Section 95. Rulemaking. If necessary to meet the March 1, 2000
approval deadline, the State Board shall adopt rules for the
operation of this Act under the emergency rulemaking provisions of
Section 5-45 of the Illinois Administrative Procedure Act. Within
150 days of the adoption of rules under Section 5-45, the State Board
shall adopt identical or different rules under the general rulemaking
provisions of Section 5-40 of that Act.
Section 100. Investigations. The Attorney General or the State
Board, at any time after an application is filed or approved under
this Act, may require by subpoena the attendance and testimony of
witnesses and the production of documents for the purpose of
investigating whether the cooperative agreement satisfies the
standards set forth in this Act. The Attorney General or the State
Board may seek a court order compelling compliance with a subpoena
issued under this Section.
Section 200. The Illinois Antitrust Act is amended by changing
Section 5 as follows:
(740 ILCS 10/5) (from Ch. 38, par. 60-5)
Sec. 5. Exceptions. No provisions of this Act shall be
construed to make illegal:
(1) the activities of any labor organization or of individual
members thereof which are directed solely to labor objectives which
are legitimate under the laws of either the State of Illinois or the
United States;
(2) the activities of any agricultural or horticultural
cooperative organization, whether incorporated or unincorporated, or
of individual members thereof, which are directed solely to
objectives of such cooperative organizations which are legitimate
under the laws of either the State of Illinois or the United States;
(3) the activities of any public utility, as defined in Section
3-105 of the Public Utilities Act to the extent that such activities
are subject to a clearly articulated and affirmatively expressed
State policy to replace competition with regulation, where the
conduct to be exempted is actively supervised by the State itself;
(4) The activities of a telecommunications carrier, as defined
in Section 13-202 of the Public Utilities Act, to the extent those
activities relate to the provision of noncompetitive
telecommunications services under the Public Utilities Act and are
subject to the jurisdiction of the Illinois Commerce Commission or to
the activities of telephone mutual concerns referred to in Section
13-202 of the Public Utilities Act to the extent those activities
relate to the provision and maintenance of telephone service to
owners and customers;
(5) the activities (including, but not limited to, the making of
or participating in joint underwriting or joint reinsurance
arrangement) of any insurer, insurance agent, insurance broker,
independent insurance adjuster or rating organization to the extent
that such activities are subject to regulation by the Director of
Insurance of this State under, or are permitted or are authorized by,
the Insurance Code or any other law of this State;
(6) the religious and charitable activities of any
not-for-profit corporation, trust or organization established
exclusively for religious or charitable purposes, or for both
purposes;
(7) the activities of any not-for-profit corporation organized
to provide telephone service on a mutual or co-operative basis or
6150 JOURNAL OF THE [May 27, 1999]
electrification on a co-operative basis, to the extent such
activities relate to the marketing and distribution of telephone or
electrical service to owners and customers;
(8) the activities engaged in by securities dealers who are (i)
licensed by the State of Illinois or (ii) members of the National
Association of Securities Dealers or (iii) members of any National
Securities Exchange registered with the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as amended, in
the course of their business of offering, selling, buying and
selling, or otherwise trading in or underwriting securities, as
agent, broker, or principal, and activities of any National
Securities Exchange so registered, including the establishment of
commission rates and schedules of charges;
(9) the activities of any board of trade designated as a
"contract market" by the Secretary of Agriculture of the United
States pursuant to Section 5 of the Commodity Exchange Act, as
amended;
(10) the activities of any motor carrier, rail carrier, or
common carrier by pipeline, as defined in the Common Carrier by
Pipeline Law of the Public Utilities Act, to the extent that such
activities are permitted or authorized by the Act or are subject to
regulation by the Illinois Commerce Commission;
(11) the activities of any State or national bank to the extent
that such activities are regulated or supervised by officers of the
State or federal government under the banking laws of this State or
the United States;
(12) the activities of any State or federal savings and loan
association to the extent that such activities are regulated or
supervised by officers of the state or federal government under the
savings and loan laws of this State or the United States;
(13) the activities of any bona fide not-for-profit association,
society or board, of attorneys, practitioners of medicine,
architects, engineers, land surveyors or real estate brokers licensed
and regulated by an agency of the State of Illinois, in recommending
schedules of suggested fees, rates or commissions for use solely as
guidelines in determining charges for professional and technical
services;
(14) Conduct involving trade or commerce (other than import
trade or import commerce) with foreign nations unless:
(a) such conduct has a direct, substantial, and reasonably
foreseeable effect:
(i) on trade or commerce which is not trade or
commerce with foreign nations, or on import trade or import
commerce with foreign nations; or
(ii) on export trade or export commerce with foreign
nations of a person engaged in such trade or commerce in the
United States; and
(b) such effect gives rise to a claim under the provisions
of this Act, other than this subsection (14).
(c) If this Act applies to conduct referred to in this
subsection (14) only because of the provisions of paragraph
(a)(ii), then this Act shall apply to such conduct only for
injury to export business in the United States which affects this
State; or
(15) the activities of a unit of local government or school
district and the activities of the employees, agents and officers of
a unit of local government or school district; or
(16) the activities of any person licensed by the State of
Illinois under the Hospital Licensing Act or such a licensee's
governing board members and officers, in discussing, negotiating, and
entering into a cooperative agreement or in implementing an approved
HOUSE OF REPRESENTATIVES 6151
cooperative agreement with another licensed hospital to develop and
jointly operate under State supervision hospital-based open-heart
surgery as authorized under the Hospital Cooperation Act.
(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97.)
Section 999. Effective date. This Act takes effect upon
becoming law.".
Submitted on May 27, 1999
s/Sen. Frank Watson s/Rep. Larry Woolard
s/Sen. Dave Syverson s/Rep. Barbara Flynn Currie
s/Sen. Laura Kent Donahue s/Rep. Gary Hannig
s/Sen. Barack Obama s/Rep. Art Tenhouse
s/Sen. Margaret Smith s/Rep. Richard Winkel
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:
HOUSE BILL NO. 1134
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1134
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 1134, recommend the following:
(1) that the House concur in Senate Amendment No. 1; and
(2) that House Bill 1134, AS AMENDED, be further amended in
Section 5, Sec. 18-8.05, subsec. (G), immediately below paragraph
(4), by inserting the following:
"(5) For school districts having a majority of their equalized
assessed valuation in any county except Cook, DuPage, Kane, Lake,
McHenry, or Will, if the amount of general State aid allocated to the
school district for the 1999-2000 school year under the provisions of
subsection (E), (H), and (J) of this Section is less than the amount
of general State aid allocated to the district for the 1998-1999
school year under these subsections, then the general State aid of
the district for the 1999-2000 school year only shall be increased by
the difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall be
prorated if they exceed $14,000,000.".
Submitted on May 27, 1999
s/Sen. Patrick O'Malley s/Rep. Maggie Crotty
s/Sen. Dan Cronin s/Rep. Barbara Flynn Currie
Sen. Doris Karpiel s/Rep. Larry Woolard
s/Sen. Arthur Berman s/Rep. Art Tenhouse
s/Sen. Vince Demuzio s/Rep. Jerry Mitchell
Committee for the Senate Committee for the House
6152 JOURNAL OF THE [May 27, 1999]
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
HOUSE BILL NO. 1670
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1670
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 Amendments Nos.
1 and 2 to House Bill 1670, recommend the following:
(1) that the House concur in Senate Amendments Nos. 1 and 2; and
(2) that House Bill 1670, AS AMENDED, be further amended as
follows:
in the title, by deleting "by changing Section 21-5b"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", by deleting item (1.5); and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", item (2), by replacing "and" with "and"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A provisional
alternative", item (3), by replacing "21-1a" with the following:
"21-1a; and
(4) have been employed for a period of at least 5 years in
an area requiring application of the individual's education;
however, this requirement does not apply with respect to a
provisional alternative teaching certificate for teaching in
schools situated in a school district that is located in a city
having a population in excess of 500,000 inhabitants"; and
in Section 5, Sec. 21-5b, the paragraph beginning "A standard
alternative", the sentence beginning "Alternatively,", by replacing
"subsection (c) of Section 21-2 of this Code" with the following:
"subsection (c) of Section 21-2 of this Code and further provided
that a person who does not apply for and receive a Standard Teaching
Certificate shall be able to teach only in schools situated in a
school district that is located in a city having a population in
excess of 500,000 inhabitants"; and
at the end of the bill, by inserting the following:
"Section 10. If and only if Senate Bill 556 of the 91st General
Assembly becomes law, the School Code is amended by changing Section
21-2 as follows:
(105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
Sec. 21-2. Grades of certificates.
(a) Until February 15, 2000, all certificates issued under this
Article shall be State certificates valid, except as limited in
Section 21-1, in every school district coming under the provisions of
this Act and shall be limited in time and designated as follows:
Provisional vocational certificate, temporary provisional vocational
certificate, early childhood certificate, elementary school
certificate, special certificate, high school certificate, school
service personnel certificate, administrative certificate,
provisional certificate, and substitute certificate. The requirement
of student teaching under close and competent supervision for
HOUSE OF REPRESENTATIVES 6153
obtaining a teaching certificate may be waived by the State Teacher
Certification Board upon presentation to the Board by the teacher of
evidence of 5 years successful teaching experience on a valid
certificate and graduation from a recognized institution of higher
learning with a bachelor's degree with not less than 120 semester
hours and a minimum of 16 semester hours in professional education.
(b) Initial Teaching Certificate. Beginning February 15, 2000,
persons who (1) have completed an approved teacher preparation
program, (2) are recommended by an approved teacher preparation
program, (3) have successfully completed the Initial Teaching
Certification examinations required by the State Board of Education,
and (4) have met all other criteria established by the State Board of
Education in consultation with the State Teacher Certification Board,
shall be issued an Initial Teaching Certificate valid for 4 years of
teaching, as defined in Section 21-14 of this Code. Initial Teaching
Certificates shall be issued for categories corresponding to Early
Childhood, Elementary, Secondary, and Special K-12, with special
certification designations for Special Education, Bilingual
Education, fundamental learning areas (including Language Arts,
Reading, Mathematics, Science, Social Science, Physical Development
and Health, Fine Arts, and Foreign Language), and other areas
designated by the State Board of Education, in consultation with the
State Teacher Certification Board.
(c) Standard Certificate. Beginning February 15, 2000, persons
who (1) have completed 4 years of teaching, as defined in Section
21-14 of this Code, with an Initial Certificate or an Initial
Alternative Teaching Certificate and have met all other criteria
established by the State Board of Education in consultation with the
State Teacher Certification Board, (2) have completed 4 years of
teaching on a valid equivalent certificate in another State or
territory of the United States, or have completed 4 years of teaching
in a nonpublic Illinois elementary or secondary school with an
Initial Certificate or an Initial Alternative Teaching Certificate,
and have met all other criteria established by the State Board of
Education, in consultation with the State Teacher Certification
Board, or (3) were issued teaching certificates prior to February 15,
2000 and are renewing those certificates after February 15, 2000,
shall be issued a Standard Certificate valid for 5 years, which may
be renewed thereafter every 5 years by the State Teacher
Certification Board based on proof of continuing education or
professional development. Beginning July 1, 2003, persons who have
completed 4 years of teaching, as described in clauses (1) and (2) of
this subsection (c), have successfully completed the Standard
Teaching Certificate Examinations, and have met all other criteria
established by the State Board of Education, in consultation with the
State Teacher Certification Board, shall be issued Standard
Certificates. Standard Certificates shall be issued for categories
corresponding to Early Childhood, Elementary, Secondary, and Special
K-12, with special certification designations for Special Education,
Bilingual Education, fundamental learning areas (including Language
Arts, Reading, Mathematics, Science, Social Science, Physical
Development and Health, Fine Arts, and Foreign Language), and other
areas designated by the State Board of Education, in consultation
with the State Teacher Certification Board.
(d) Master Certificate. Beginning February 15, 2000, persons
who have successfully achieved National Board certification through
the National Board for Professional Teaching Standards shall be
issued a Master Certificate, valid for 10 years and renewable
thereafter every 10 years through compliance with requirements set
forth by the State Board of Education, in consultation with the State
Teacher Certification Board.
6154 JOURNAL OF THE [May 27, 1999]
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98; 90-811, eff.
1-26-99; 91SB0556enrolled.)".
Submitted on May 26, 1999
s/Sen. Dan Cronin s/Rep. Larry D. Woolard
s/Sen. Patrick O'Malley s/Rep. Barbara Flynn Currie
s/Sen. Frank Watson s/Rep. Gary Hannig
Sen. Arthur Berman s/Rep. Art Tenhouse
Sen. Vince Demuzio s/Rep. Mary Lou Cowlishaw
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:
HOUSE BILL NO. 1845
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 1845
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 1845, recommend the following:
(1) that the Senate recede form Senate Amendment No. 1; and
(2) that House Bill 1845 be amended by replacing the title with
the following:
"AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Section 607."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Section 607 as follows:
(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is entitled to
reasonable visitation rights unless the court finds, after a hearing,
that visitation would endanger seriously the child's physical,
mental, moral or emotional health. If the custodian's street address
is not identified, pursuant to Section 708, the court shall require
the parties to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not limited to
visitation of the minor child at the residence of another person or
at a local public or private facility.
(b) (1) The court may grant reasonable visitation privileges to
a grandparent, great-grandparent, or sibling of any minor child upon
petition to the court by the grandparents or great-grandparents or on
behalf of the sibling, with notice to the parties required to be
notified under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may issue
any necessary orders to enforce such visitation privileges. Except
as provided in paragraph (2) of this subsection (b), a petition for
visitation privileges may be filed under this paragraph (1) whether
HOUSE OF REPRESENTATIVES 6155
or not a petition pursuant to this Act has been previously filed or
is currently pending if one or more of the following circumstances
exist:
(A) the parents are not currently cohabiting on a permanent
or an indefinite basis;
(B) one of the parents has been absent from the marital
abode for more than one month without the spouse knowing his or
her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with the
grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation privileges to a
stepparent upon petition to the court by the stepparent, with notice
to the parties required to be notified under Section 601 of this Act,
if the court determines that it is in the best interests and welfare
of the child, and may issue any necessary orders to enforce those
visitation privileges. A petition for visitation privileges may be
filed under this paragraph (1.5) whether or not a petition pursuant
to this Act has been previously filed or is currently pending if the
following circumstances are met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent and
stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is unable to
care for the child;
(D) the child wishes to have reasonable visitation with the
stepparent; and
(E) the stepparent was providing for the care, control, and
welfare to the child prior to the initiation of the petition for
visitation.
(2)(A) A petition for visitation privileges shall not be filed
pursuant to this subsection (b) by the parents or grandparents of a
putative father if the paternity of the putative father has not been
legally established.
(B) A petition for visitation privileges may not be filed under
this subsection (b) if the child who is the subject of the
grandparents' or great-grandparents' petition has been voluntarily
surrendered by the parent or parents, except for a surrender to the
Illinois Department of Children and Family Services or a foster care
facility, or has been previously adopted by an individual or
individuals who are not related to the biological parents of the
child or is the subject of a pending adoption petition by an
individual or individuals who are not related to the biological
parents of the child.
(3) When one parent is deceased, the surviving parent shall not
interfere with the visitation rights of the grandparents.
(c) The court may modify an order granting or denying visitation
rights of a parent whenever modification would serve the best
interest of the child; but the court shall not restrict a parent's
visitation rights unless it finds that the visitation would endanger
seriously the child's physical, mental, moral or emotional health.
The court may modify an order granting, denying, or limiting
visitation rights of a grandparent, great-grandparent, or sibling of
any minor child whenever a change of circumstances has occurred based
on facts occurring subsequent to the judgment and the court finds by
clear and convincing evidence that the modification is in the best
interest of the minor child.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child or
restricting the non-custodial parent's contact with the child, the
6156 JOURNAL OF THE [May 27, 1999]
following provisions shall apply:
(1) If an order has been entered granting visitation
privileges with the child to a grandparent or great-grandparent
who is related to the child through the non-custodial parent, the
visitation privileges of the grandparent or great-grandparent may
be revoked if:
(i) a court has entered an order prohibiting the
non-custodial parent from any contact with the child, and
the grandparent or great-grandparent is found to have used
his or her visitation privileges to facilitate contact
between the child and the non-custodial parent; or
(ii) a court has entered an order restricting the
non-custodial parent's contact with the child, and the
grandparent or great-grandparent is found to have used his
or her visitation privileges to facilitate contact between
the child and the non-custodial parent in a manner that
violates the terms of the order restricting the
non-custodial parent's contact with the child.
Nothing in this subdivision (1) limits the authority of the
court to enforce its orders in any manner permitted by law.
(2) Any order granting visitation privileges with the child
to a grandparent or great-grandparent who is related to the child
through the non-custodial parent shall contain the following
provision:
"If the (grandparent or great-grandparent, whichever is
applicable) who has been granted visitation privileges under this
order uses the visitation privileges to facilitate contact
between the child and the child's non-custodial parent, the
visitation privileges granted under this order shall be
permanently revoked."
(e) No parent, not granted custody of the child, or grandparent,
or great-grandparent, or stepparent, or sibling of any minor child,
convicted of any offense involving an illegal sex act perpetrated
upon a victim less than 18 years of age including but not limited to
offenses for violations of Article 12 of the Criminal Code of 1961,
is entitled to visitation rights while incarcerated or while on
parole, probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon discharge
from incarceration for a misdemeanor offense or upon discharge from
parole, probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for a felony offense, visitation shall
be denied until the person successfully completes a treatment program
approved by the court.
(f) Unless the court determines, after considering all relevant
factors, including but not limited to those set forth in Section
602(a), that it would be in the best interests of the child to allow
visitation, the court shall not enter an order providing visitation
rights and pursuant to a motion to modify visitation shall revoke
visitation rights previously granted to any person who would
otherwise be entitled to petition for visitation rights under this
Section who has been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child who is the
subject of the order. Until an order is entered pursuant to this
subsection, no person shall visit, with the child present, a person
who has been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child without the
consent of the child's parent, other than a parent convicted of first
degree murder as set forth herein, or legal guardian.
(g) If an order has been entered limiting, for cause, a minor
child's contact or visitation with a grandparent, great-grandparent,
or sibling on the grounds that it was in the best interest of the
HOUSE OF REPRESENTATIVES 6157
child to do so, that order may be modified only upon a showing of a
substantial change in circumstances occurring subsequent to the entry
of the order with proof by clear and convincing evidence that
modification is in the best interest of the minor child.
(Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98; 90-801,
eff. 6-1-99; revised 12-22-98.)
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999
s/Sen. Wendell E. Jones s/Rep. Art Tenhouse
s/Sen. Carl Hawkinson s/Rep. Suzanne Bassi
s/Sen. Kirk Dillard s/Rep. Larry D. Woolard
s/Sen. John Cullerton s/Rep. Tom Dart
s/Sen. Barack Obama s/Rep. Barbara Flynn Currie
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:
HOUSE BILL NO. 2166
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 2166
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 Amendments No. 1
and No. 2 to House Bill 2166, recommend the following:
(1) that the Senate recede from Senate Amendments No. 1 and No.
2; and
(2) that House Bill 2166 be amended by replacing the title with
the following:
"AN ACT to amend the Comprehensive Health Insurance Plan Act by
changing Sections 7 and 8 and repealing Section 8.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Comprehensive Health Insurance Plan Act is
amended by changing Sections 7 and 8 as follows:
(215 ILCS 105/7) (from Ch. 73, par. 1307)
Sec. 7. Eligibility.
a. Except as provided in subsection (e) of this Section or in
Section 15 of this Act, any individual person who is either a citizen
of the United States or an alien lawfully admitted for permanent
residence and continues to be a resident of this State shall be
eligible for Plan coverage if evidence is provided of:
(1) A notice of rejection or refusal to issue substantially
similar individual health insurance coverage for health reasons
by a health insurance issuer; or
(2) A refusal by a health insurance issuer to issue
individual health insurance coverage except at a rate exceeding
the applicable Plan rate for which the person is responsible.
6158 JOURNAL OF THE [May 27, 1999]
A rejection or refusal by a group health plan or health insurance
issuer offering only stop-loss or excess of loss insurance or
contracts, agreements, or other arrangements for reinsurance coverage
with respect to the applicant shall not be sufficient evidence under
this subsection.
b. The board shall promulgate a list of medical or health
conditions for which a person who is either a citizen of the United
States or an alien lawfully admitted for permanent residence and a
resident of this State would be eligible for Plan coverage without
applying for health insurance coverage pursuant to subsection a. of
this Section. Persons who can demonstrate the existence or history
of any medical or health conditions on the list promulgated by the
board shall not be required to provide the evidence specified in
subsection a. of this Section. The list shall be effective on the
first day of the operation of the Plan and may be amended from time
to time as appropriate.
c. Family members of the same household who each are covered
persons are eligible for optional family coverage under the Plan.
d. For persons qualifying for coverage in accordance with
Section 7 of this Act, the board shall, if it determines that such
appropriations as are made pursuant to Section 12 of this Act are
insufficient to allow the board to accept all of the eligible persons
which it projects will apply for enrollment under the Plan, limit or
close enrollment to ensure that the Plan is not over-subscribed and
that it has sufficient resources to meet its obligations to existing
enrollees. The board shall not limit or close enrollment for
federally eligible individuals.
e. A person shall not be eligible for coverage under the Plan
if:
(1) He or she has or obtains other coverage under a group
health plan or health insurance coverage substantially similar to
or better than a Plan policy as an insured or covered dependent
or would be eligible to have that coverage if he or she elected
to obtain it. Persons otherwise eligible for Plan coverage may,
however, solely for the purpose of having coverage for a
pre-existing condition, maintain other coverage only while
satisfying any pre-existing condition waiting period under a Plan
policy or a subsequent replacement policy of a Plan policy.
(1.1) His or her prior coverage under a group health plan
or health insurance coverage, provided or arranged by an employer
of more than 10 employees was discontinued for any reason without
the entire group or plan being discontinued and not replaced,
provided he or she remains an employee, or dependent thereof, of
the same employer.
(2) He or she is a recipient of or is approved to receive
medical assistance, except that a person may continue to receive
medical assistance through the medical assistance no grant
program, but only while satisfying the requirements for a
preexisting condition under Section 8, subsection f. of this Act.
Payment of premiums pursuant to this Act shall be allocable to
the person's spenddown for purposes of the medical assistance no
grant program, but that person shall not be eligible for any Plan
benefits while that person remains eligible for medical
assistance. If the person continues to receive or be approved to
receive medical assistance through the medical assistance no
grant program at or after the time that requirements for a
preexisting condition are satisfied, the person shall not be
eligible for coverage under the Plan. In that circumstance,
coverage under the plan shall terminate as of the expiration of
the preexisting condition limitation period. Under all other
circumstances, coverage under the Plan shall automatically
HOUSE OF REPRESENTATIVES 6159
terminate as of the effective date of any medical assistance.
(3) Except as provided in Section 15, the person has
previously participated in the Plan and voluntarily terminated
Plan coverage, unless 12 months have elapsed since the person's
latest voluntary termination of coverage.
(4) The person fails to pay the required premium under the
covered person's terms of enrollment and participation, in which
event the liability of the Plan shall be limited to benefits
incurred under the Plan for the time period for which premiums
had been paid and the covered person remained eligible for Plan
coverage.
(5) The Plan has paid a total of $1,000,000 in benefits on
behalf of the covered person.
(6) The person is a resident of a public institution.
(7) The person's premium is paid for or reimbursed under
any government sponsored program or by any government agency or
health care provider, except as an otherwise qualifying full-time
employee, or dependent of such employee, of a government agency
or health care provider.
(8) The person has or later receives other benefits or
funds from any settlement, judgement, or award resulting from any
accident or injury, regardless of the date of the accident or
injury, or any other circumstances creating a legal liability for
damages due that person by a third party, whether the settlement,
judgment, or award is in the form of a contract, agreement, or
trust on behalf of a minor or otherwise and whether the
settlement, judgment, or award is payable to the person, his or
her dependent, estate, personal representative, or guardian in a
lump sum or over time, so long as there continues to be benefits
or assets remaining from those sources in an amount in excess of
$100,000.
(9) Within the 5 years prior to the date a person's Plan
application is received by the Board, the person's coverage under
any health care benefit program as defined in 18 U.S.C. 24,
including any public or private plan or contract under which any
medical benefit, item, or service is provided, was terminated as
a result of any act or practice that constitutes fraud under
State or federal law or as a result of an intentional
misrepresentation of material fact; or if that person knowingly
and willfully obtained or attempted to obtain, or fraudulently
aided or attempted to aid any other person in obtaining, any
coverage or benefits under the Plan to which that person was not
entitled.
f. The board or the administrator shall require verification of
residency and may require any additional information or
documentation, or statements under oath, when necessary to determine
residency upon initial application and for the entire term of the
policy.
g. Coverage shall cease (i) on the date a person is no longer a
resident of Illinois, (ii) on the date a person requests coverage to
end, (iii) upon the death of the covered person, (iv) on the date
State law requires cancellation of the policy, or (v) at the Plan's
option, 30 days after the Plan makes any inquiry concerning a
person's eligibility or place of residence to which the person does
not reply.
h. Except under the conditions set forth in subsection g of this
Section, the coverage of any person who ceases to meet the
eligibility requirements of this Section shall be terminated at the
end of the current policy period for which the necessary premiums
have been paid.
(Source: P.A. 89-486, eff. 6-21-96; 90-30, eff. 7-1-97.)
6160 JOURNAL OF THE [May 27, 1999]
(215 ILCS 105/8) (from Ch. 73, par. 1308)
Sec. 8. Minimum benefits.
a. Availability. The Plan shall offer in an annually renewable
policy major medical expense coverage to every eligible person who is
not eligible for Medicare. Major medical expense coverage offered by
the Plan shall pay an eligible person's covered expenses, subject to
limit on the deductible and coinsurance payments authorized under
paragraph (4) of subsection d of this Section, up to a lifetime
benefit limit of $1,000,000 per covered individual. The maximum
limit under this subsection shall not be altered by the Board, and no
actuarial equivalent benefit may be substituted by the Board. Any
person who otherwise would qualify for coverage under the Plan, but
is excluded because he or she is eligible for Medicare, shall be
eligible for any separate Medicare supplement policy or policies
which the Board may offer.
b. Outline of benefits. Covered expenses shall be limited to
the usual and customary charge, including negotiated fees, in the
locality for the following services and articles when prescribed by a
physician and determined by the Plan to be medically necessary for
the following areas of services, subject to such separate
deductibles, co-payments, exclusions, and other limitations on
benefits as the Board shall establish and approve, and the other
provisions of this Section:
(1) Hospital services, except that any services provided by
a hospital that is located more than 75 miles outside the State
of Illinois shall be covered only for a maximum of 45 days in any
calendar year. With respect to covered expenses incurred during
any calendar year ending on or after December 31, 1999, inpatient
hospitalization of an eligible person for the treatment of mental
illness at a hospital located within the State of Illinois shall
be subject to the same terms and conditions as for any other
illness.
(2) Professional services for the diagnosis or treatment of
injuries, illnesses or conditions, other than dental and mental
and nervous disorders as described in paragraph (17), which are
rendered by a physician, or by other licensed professionals at
the physician's direction.
(2.5) Professional services provided by a physician to
children under the age of 16 years for physical examinations and
age appropriate immunizations ordered by a physician licensed to
practice medicine in all its branches.
(3) (Blank).
(4) Outpatient prescription drugs that by law require
requiring a physician's prescription written by a physician
licensed to practice medicine in all its branches subject to such
separate deductible, copayment, and other limitations or
restrictions as the Board shall approve, including the use of a
prescription drug card or any other program, or both.
(5) Skilled nursing services of a licensed skilled nursing
facility for not more than 120 days during a policy year.
(6) Services of a home health agency in accord with a home
health care plan, up to a maximum of 270 visits per year.
(7) Services of a licensed hospice for not more than 180
days during a policy year.
(8) Use of radium or other radioactive materials.
(9) Oxygen.
(10) Anesthetics.
(11) Orthoses and prostheses other than dental.
(12) Rental or purchase in accordance with Board policies
or procedures of durable medical equipment, other than eyeglasses
or hearing aids, for which there is no personal use in the
HOUSE OF REPRESENTATIVES 6161
absence of the condition for which it is prescribed.
(13) Diagnostic x-rays and laboratory tests.
(14) Oral surgery for excision of partially or completely
unerupted impacted teeth or the gums and tissues of the mouth,
when not performed in connection with the routine extraction or
repair of teeth, that is required to treat and oral surgery and
procedures, including orthodontics and prosthetics necessary for
craniofacial or maxillofacial conditions and to correct
congenital defects or injuries to natural teeth or a fractured
jaw due to an accident that occurred while a covered person.
(15) Physical, speech, and functional occupational therapy
as medically necessary and provided by appropriate licensed
professionals.
(16) Emergency and other medically necessary transportation
provided by a licensed ambulance service to the nearest health
care facility qualified to treat a covered illness, injury, or
condition, subject to the provisions of the Emergency Medical
Systems (EMS) Act.
(17) Outpatient services for diagnosis and treatment of
mental and nervous disorders provided that a covered person shall
be required to make a copayment not to exceed 50% and that the
Plan's payment shall not exceed such amounts as are established
by the Board.
(18) Human organ or tissue transplants specified by the
Board that are performed at a hospital designated by the Board as
a participating transplant center for that specific organ or
tissue transplant.
(19) Naprapathic services, as appropriate, provided by a
licensed naprapathic practitioner.
c. Exclusions. Covered expenses of the Plan shall not include
the following:
(1) Any charge for treatment for cosmetic purposes other
than for reconstructive surgery when the service is incidental to
or follows surgery resulting from injury, sickness or other
diseases of the involved part or surgery for the repair or
treatment of a congenital bodily defect to restore normal bodily
functions.
(2) Any charge for care that is primarily for rest,
custodial, educational, or domiciliary purposes.
(3) Any charge for services in a private room to the extent
it is in excess of the institution's charge for its most common
semiprivate room, unless a private room is prescribed as
medically necessary by a physician.
(4) That part of any charge for room and board or for
services rendered or articles prescribed by a physician, dentist,
or other health care personnel that exceeds the reasonable and
customary charge in the locality or for any services or supplies
not medically necessary for the diagnosed injury or illness.
(5) Any charge for services or articles the provision of
which is not within the scope of licensure of the institution or
individual providing the services or articles.
(6) Any expense incurred prior to the effective date of
coverage by the Plan for the person on whose behalf the expense
is incurred.
(7) Dental care, dental surgery, dental treatment or dental
appliances, except as provided in paragraph (14) of subsection b
of this Section.
(8) Eyeglasses, contact lenses, hearing aids or their
fitting.
(9) Illness or injury due to acts of war.
(10) Services of blood donors and any fee for failure to
6162 JOURNAL OF THE [May 27, 1999]
replace the first 3 pints of blood provided to a covered person
each policy year.
(11) Personal supplies or services provided by a hospital
or nursing home, or any other nonmedical or nonprescribed supply
or service.
(12) Routine maternity charges for a pregnancy, except
where added as optional coverage with payment of an additional
premium for pregnancy resulting from conception occurring after
the effective date of the optional coverage.
(13) (Blank).
(14) Any expense or charge for services, drugs, or supplies
that are: (i) not provided in accord with generally accepted
standards of current medical practice; (ii) for procedures,
treatments, equipment, transplants, or implants, any of which are
investigational, experimental, or for research purposes; (iii)
investigative and not proven safe and effective; or (iv) for, or
resulting from, a gender transformation operation.
(15) Any expense or charge for routine physical
examinations or tests except as provided in item (2.5) of
subsection b of this Section.
(16) Any expense for which a charge is not made in the
absence of insurance or for which there is no legal obligation on
the part of the patient to pay.
(17) Any expense incurred for benefits provided under the
laws of the United States and this State, including Medicare, and
Medicaid, and other medical assistance, maternal and child health
services and any other program that is administered or funded by
the Department of Human Services, Department of Public Aid, or
Department of Public Health, military service-connected
disability payments, medical services provided for members of the
armed forces and their dependents or employees of the armed
forces of the United States, and medical services financed on
behalf of all citizens by the United States.
(18) Any expense or charge for in vitro fertilization,
artificial insemination, or any other artificial means used to
cause pregnancy.
(19) Any expense or charge for oral contraceptives used for
birth control or any other temporary birth control measures.
(20) Any expense or charge for sterilization or
sterilization reversals.
(21) Any expense or charge for weight loss programs,
exercise equipment, or treatment of obesity, except when
certified by a physician as morbid obesity (at least 2 times
normal body weight).
(22) Any expense or charge for acupuncture treatment unless
used as an anesthetic agent for a covered surgery.
(23) Any expense or charge for or related to organ or
tissue transplants other than those performed at a hospital with
a Board approved organ transplant program that has been
designated by the Board as a preferred or exclusive provider
organization for that specific organ or tissue transplant.
(24) Any expense or charge for procedures, treatments,
equipment, or services that are provided in special settings for
research purposes or in a controlled environment, are being
studied for safety, efficiency, and effectiveness, and are
awaiting endorsement by the appropriate national medical
speciality college for general use within the medical community.
d. Deductibles and coinsurance.
The Plan coverage defined in Section 6 shall provide for a choice
of deductibles per individual as authorized by the Board. If 2
individual members of the same family household, who are both covered
HOUSE OF REPRESENTATIVES 6163
persons under the Plan, satisfy the same applicable deductibles, no
other member of that family who is also a covered person under the
Plan shall be required to meet any deductibles for the balance of
that calendar year. The deductibles must be applied first to the
authorized amount of covered expenses incurred by the covered person.
A mandatory coinsurance requirement shall be imposed at the rate
authorized by the Board in excess of the mandatory deductible, the
coinsurance in the aggregate not to exceed such amounts as are
authorized by the Board per annum. At its discretion the Board may,
however, offer catastrophic coverages or other policies that provide
for larger deductibles with or without coinsurance requirements. The
deductibles and coinsurance factors may be adjusted annually
according to the Medical Component of the Consumer Price Index.
e. Scope of coverage.
(1) In approving any of the benefit plans to be offered by the
Plan, the Board shall establish such benefit levels, deductibles,
coinsurance factors, exclusions, and limitations as it may deem
appropriate and that it believes to be generally reflective of and
commensurate with health insurance coverage that is provided in the
individual market in this State.
(2) The benefit plans approved by the Board may also provide for
and employ various cost containment measures and other requirements
including, but not limited to, preadmission certification, prior
approval, second surgical opinions, concurrent utilization review
programs, individual case management, preferred provider
organizations, health maintenance organizations, and other cost
effective arrangements for paying for covered expenses.
f. Preexisting conditions.
(1) Except for federally eligible individuals qualifying
for Plan coverage under Section 15 of this Act or eligible
persons who qualify for and elect to purchase the waiver
authorized in paragraph (3) of this subsection, plan coverage
shall exclude charges or expenses incurred during the first 6
months following the effective date of coverage as to any
condition if: (a) the condition had manifested itself within the
6 month period immediately preceding the effective date of
coverage in such a manner as would cause an ordinarily prudent
person to seek diagnosis, care or treatment; or (b) medical
advice, care or treatment was recommended or received within the
6 month period immediately preceding the effective date of
coverage.
(2) (Blank).
(3) (Blank) Waiver: The preexisting condition exclusions as
set forth in paragraph (1) of this subsection shall be waived to
the extent to which the eligible person: (a) has satisfied
similar exclusions under any prior health insurance coverage or
group health plan that was involuntarily terminated; (b) is
ineligible for any continuation coverage that would continue or
provide substantially similar coverage following that
termination; and (c) has applied for Plan coverage not later than
30 days following the involuntary termination. No policy or plan
shall be deemed to have been involuntarily terminated if the
master policyholder or other controlling party elected to change
insurance coverage from one health insurance issuer or group
health plan to another even if that decision resulted in a
discontinuation of coverage for any individual under the plan,
either totally or for any medical condition. For each eligible
person who qualifies for and elects this waiver, there shall be
added to each payment of premium, on a prorated basis, a
surcharge of up to 10% of the otherwise applicable annual premium
for as long as that individual's coverage under the Plan remains
6164 JOURNAL OF THE [May 27, 1999]
in effect or 60 months, whichever is less.
g. Other sources primary; nonduplication of benefits.
(1) The Plan shall be the last payor of benefits whenever
any other benefit or source of third party payment is available.
Subject to the provisions of subsection e of Section 7, benefits
otherwise payable under Plan coverage shall be reduced by all
amounts paid or payable by Medicare or any other government
program or through any health insurance or group health plan,
whether by insurance, reimbursement, or otherwise, or through any
third party liability, settlement, judgment, or award, regardless
of the date of the settlement, judgment, or award, whether the
settlement, judgment, or award is in the form of a contract,
agreement, or trust on behalf of a minor or otherwise and whether
the settlement, judgment, or award is payable to the covered
person, his or her dependent, estate, personal representative, or
guardian in a lump sum or over time, and by all hospital or
medical expense benefits paid or payable under any worker's
compensation coverage, automobile medical payment, or liability
insurance, whether provided on the basis of fault or nonfault,
and by any hospital or medical benefits paid or payable under or
provided pursuant to any State or federal law or program.
(2) The Plan shall have a cause of action against any
covered person or any other person or entity for the recovery of
any amount paid to the extent the amount was for treatment,
services, or supplies not covered in this Section or in excess of
benefits as set forth in this Section.
(3) Whenever benefits are due from the Plan because of
sickness or an injury to a covered person resulting from a third
party's wrongful act or negligence and the covered person has
recovered or may recover damages from a third party or its
insurer, the Plan shall have the right to reduce benefits or to
refuse to pay benefits that otherwise may be payable by the
amount of damages that the covered person has recovered or may
recover regardless of the date of the sickness or injury or the
date of any settlement, judgment, or award resulting from that
sickness or injury.
During the pendency of any action or claim that is brought
by or on behalf of a covered person against a third party or its
insurer, any benefits that would otherwise be payable except for
the provisions of this paragraph (3) shall be paid if payment by
or for the third party has not yet been made and the covered
person or, if incapable, that person's legal representative
agrees in writing to pay back promptly the benefits paid as a
result of the sickness or injury to the extent of any future
payments made by or for the third party for the sickness or
injury. This agreement is to apply whether or not liability for
the payments is established or admitted by the third party or
whether those payments are itemized.
Any amounts due the plan to repay benefits may be deducted
from other benefits payable by the Plan after payments by or for
the third party are made.
(4) Benefits due from the Plan may be reduced or refused as
an offset against any amount otherwise recoverable under this
Section.
h. Right of subrogation; recoveries.
(1) Whenever the Plan has paid benefits because of sickness
or an injury to any covered person resulting from a third party's
wrongful act or negligence, or for which an insurer is liable in
accordance with the provisions of any policy of insurance, and
the covered person has recovered or may recover damages from a
third party that is liable for the damages, the Plan shall have
HOUSE OF REPRESENTATIVES 6165
the right to recover the benefits it paid from any amounts that
the covered person has received or may receive regardless of the
date of the sickness or injury or the date of any settlement,
judgment, or award resulting from that sickness or injury. The
Plan shall be subrogated to any right of recovery the covered
person may have under the terms of any private or public health
care coverage or liability coverage, including coverage under the
Workers' Compensation Act or the Workers' Occupational Diseases
Act, without the necessity of assignment of claim or other
authorization to secure the right of recovery. To enforce its
subrogation right, the Plan may (i) intervene or join in an
action or proceeding brought by the covered person or his
personal representative, including his guardian, conservator,
estate, dependents, or survivors, against any third party or the
third party's insurer that may be liable or (ii) institute and
prosecute legal proceedings against any third party or the third
party's insurer that may be liable for the sickness or injury in
an appropriate court either in the name of the Plan or in the
name of the covered person or his personal representative,
including his guardian, conservator, estate, dependents, or
survivors.
(2) If any action or claim is brought by or on behalf of a
covered person against a third party or the third party's
insurer, the covered person or his personal representative,
including his guardian, conservator, estate, dependents, or
survivors, shall notify the Plan by personal service or
registered mail of the action or claim and of the name of the
court in which the action or claim is brought, filing proof
thereof in the action or claim. The Plan may, at any time
thereafter, join in the action or claim upon its motion so that
all orders of court after hearing and judgment shall be made for
its protection. No release or settlement of a claim for damages
and no satisfaction of judgment in the action shall be valid
without the written consent of the Plan to the extent of its
interest in the settlement or judgment and of the covered person
or his personal representative.
(3) In the event that the covered person or his personal
representative fails to institute a proceeding against any
appropriate third party before the fifth month before the action
would be barred, the Plan may, in its own name or in the name of
the covered person or personal representative, commence a
proceeding against any appropriate third party for the recovery
of damages on account of any sickness, injury, or death to the
covered person. The covered person shall cooperate in doing what
is reasonably necessary to assist the Plan in any recovery and
shall not take any action that would prejudice the Plan's right
to recovery. The Plan shall pay to the covered person or his
personal representative all sums collected from any third party
by judgment or otherwise in excess of amounts paid in benefits
under the Plan and amounts paid or to be paid as costs, attorneys
fees, and reasonable expenses incurred by the Plan in making the
collection or enforcing the judgment.
(4) In the event that a covered person or his personal
representative, including his guardian, conservator, estate,
dependents, or survivors, recovers damages from a third party for
sickness or injury caused to the covered person, the covered
person or the personal representative shall pay to the Plan from
the damages recovered the amount of benefits paid or to be paid
on behalf of the covered person.
(5) When the action or claim is brought by the covered
person alone and the covered person incurs a personal liability
6166 JOURNAL OF THE [May 27, 1999]
to pay attorney's fees and costs of litigation, the Plan's claim
for reimbursement of the benefits provided to the covered person
shall be the full amount of benefits paid to or on behalf of the
covered person under this Act less a pro rata share that
represents the Plan's reasonable share of attorney's fees paid by
the covered person and that portion of the cost of litigation
expenses determined by multiplying by the ratio of the full
amount of the expenditures to the full amount of the judgement,
award, or settlement.
(6) In the event of judgment or award in a suit or claim
against a third party or insurer, the court shall first order
paid from any judgement or award the reasonable litigation
expenses incurred in preparation and prosecution of the action or
claim, together with reasonable attorney's fees. After payment
of those expenses and attorney's fees, the court shall apply out
of the balance of the judgment or award an amount sufficient to
reimburse the Plan the full amount of benefits paid on behalf of
the covered person under this Act, provided the court may reduce
and apportion the Plan's portion of the judgement proportionate
to the recovery of the covered person. The burden of producing
evidence sufficient to support the exercise by the court of its
discretion to reduce the amount of a proven charge sought to be
enforced against the recovery shall rest with the party seeking
the reduction. The court may consider the nature and extent of
the injury, economic and non-economic loss, settlement offers,
comparative negligence as it applies to the case at hand,
hospital costs, physician costs, and all other appropriate costs.
The Plan shall pay its pro rata share of the attorney fees based
on the Plan's recovery as it compares to the total judgment. Any
reimbursement rights of the Plan shall take priority over all
other liens and charges existing under the laws of this State
with the exception of any attorney liens filed under the
Attorneys Lien Act.
(7) The Plan may compromise or settle and release any claim
for benefits provided under this Act or waive any claims for
benefits, in whole or in part, for the convenience of the Plan or
if the Plan determines that collection would result in undue
hardship upon the covered person.
(Source: P.A. 89-486, eff. 6-21-96; 90-7, eff. 6-10-97; 90-30, eff.
7-1-97; 90-655, eff. 7-30-98.)
(215 ILCS 105/8.5 rep.)
Section 10. The Comprehensive Health Insurance Plan Act is
amended by repealing Section 8.5.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999
s/Sen. Robert Madigan s/Rep. Frank Mautino
s/Sen. Thomas Walsh s/Rep. Barbara Flynn Currie
s/Sen. Doris Karpiel s/Rep. Kurt Granberg
s/Sen. Denny Jacobs s/Rep. Art Tenhouse
s/Sen. Robert Molaro s/Rep. Tom Cross
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:
HOUSE OF REPRESENTATIVES 6167
HOUSE BILL NO. 2518
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL 2518
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 2518, recommend the following:
1. that the Senate recede from Senate Amendment No. 1; and
2. that House Bill 2518 be amended by replacing the title with
the following:
"AN ACT in relation to public assistance."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Illinois Administrative Procedure Act is amended
by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that any
agency finds reasonably constitutes a threat to the public interest,
safety, or welfare.
(b) If any agency finds that an emergency exists that requires
adoption of a rule upon fewer days than is required by Section 5-40
and states in writing its reasons for that finding, the agency may
adopt an emergency rule without prior notice or hearing upon filing a
notice of emergency rulemaking with the Secretary of State under
Section 5-70. The notice shall include the text of the emergency
rule and shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an agency
may be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule becomes
effective immediately upon filing under Section 5-65 or at a stated
date less than 10 days thereafter. The agency's finding and a
statement of the specific reasons for the finding shall be filed with
the rule. The agency shall take reasonable and appropriate measures
to make emergency rules known to the persons who may be affected by
them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No emergency
rule may be adopted more than once in any 24 month period, except
that this limitation on the number of emergency rules that may be
adopted in a 24 month period does not apply to (i) emergency rules
that make additions to and deletions from the Drug Manual under
Section 5-5.16 of the Illinois Public Aid Code or the generic drug
formulary under Section 3.14 of the Illinois Food, Drug and Cosmetic
Act or (ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock Management
Facilities Act. Two or more emergency rules having substantially the
same purpose and effect shall be deemed to be a single rule for
purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget, emergency
rules to implement any provision of Public Act 90-587 or 90-588 this
amendatory Act of 1998 or any other budget initiative for fiscal year
1999 may be adopted in accordance with this Section by the agency
6168 JOURNAL OF THE [May 27, 1999]
charged with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules adopted
under this subsection (d). The adoption of emergency rules
authorized by this subsection (d) shall be deemed to be necessary for
the public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget, emergency
rules to implement any provision of this amendatory Act of the 91st
General Assembly or any other budget initiative for fiscal year 2000
may be adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that the
24-month limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules adopted
under this subsection (e). The adoption of emergency rules
authorized by this subsection (e) shall be deemed to be necessary for
the public interest, safety, and welfare.
(Source: P.A. 89-714, eff. 2-21-97; 90-9, eff. 7-1-97; 90-587, eff.
7-1-98; 90-588, eff. 7-1-98; revised 9-16-98.)
Section 10. The State Finance Act is amended by adding Sections
5.495 and 5.496 and changing Section 6z-24 as follows:
(30 ILCS 105/5.495 new)
Sec. 5.495. The Public Aid Recoveries Trust Fund.
(30 ILCS 105/5.496 new)
Sec. 5.496. The DHS Recoveries Trust Fund.
(30 ILCS 105/6z-24) (from Ch. 127, par. 142z-24)
Sec. 6z-24. There is created in the State Treasury the Special
Education Medicaid Matching Fund. All monies received from the
federal government due to educationally-related services authorized
under Section 1903 of the Social Security Act, as amended, and for
the administrative costs related thereto shall be deposited in the
Special Education Medicaid Matching Fund. All monies received from
the federal government due to educationally-related services
authorized under Section 2105 of the Social Security Act, as amended,
shall be deposited in the Special Education Medicaid Matching Fund.
The monies in the Special Education Medicaid Matching Fund shall
be held subject to appropriation by the General Assembly to the State
Board of Education for distribution to school districts, pursuant to
an interagency agreement between the Illinois Department of Public
Aid and the State Board of Education, for medicaid eligible special
education children claims under Titles XIX and XXI of the Social
Security Act.
(Source: P.A. 87-641.)
Section 15. The School Code is amended by changing Sections
14-7.04 and 18-8.05 as follows:
(105 ILCS 5/14-7.04) (from Ch. 122, par. 14-7.04)
Sec. 14-7.04. Health care reimbursement.
(a) Local educational agencies may utilize federally funded
health care programs to share in the costs of services which are
provided to children requiring special education and related services
and which are either listed on an individualized education program
established pursuant to the federal Education for All Handicapped
Children Act of 1975, Public Law No. 94-142 or are provided under an
individualized family service plan established pursuant to the
federal Education of the Handicapped Act Amendments of 1986, Public
Law No. 99-457. Those federally funded health care programs shall
also share in the cost of all screenings and diagnostic evaluations
for children suspected of having or known to have a disability.
However, all such services shall continue to be initially funded by
the local educational agency and shall be provided regardless of
subsequent cost sharing with other funding sources. Federally funded
HOUSE OF REPRESENTATIVES 6169
health care reimbursement funds are supplemental and shall not be
used to reduce any other Federal payments, private payments or State
Board of Education funds for special education as provided in Article
14 of the School Code for which the local education agency is
eligible.
Local educational agencies providing early periodic screening and
diagnostic testing services on or after August 1, 1991, including
screening and diagnostic services, health care and treatment,
preventive health care, and any other measure to correct or improve
health impairments of Medicaid-eligible children, may also access
federally funded health care resources.
The State Board of Education and the Department of Public Aid may
enter into an intergovernmental agreement whereby school districts or
their agents may claim medicaid matching funds for medicaid eligible
special education children as authorized by Section 1903 of the
Social Security Act. Under that intergovernmental agreement, school
districts or their agents may also claim federal funds for the
services provided to special education students enrolled in the
Children's Health Insurance Program.
(b) No employee or officer of a school district, special
education joint agreement, office of a regional superintendent of
schools or the State Board of Education may have a direct or indirect
financial interest in any agreement between the entity of which the
person is an employee or officer and any corporation, organization or
other entity that collects or participates in the collection of
payments from private health care benefit plans or federally funded
health care programs authorized under this Section.
(Source: P.A. 86-476; 87-468; 87-641; 87-895; 87-1168.)
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State financial
aid and supplemental general State aid to the common schools for the
1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998-1999 and
subsequent school years. The system of general State financial aid
provided for in this Section is designed to assure that, through a
combination of State financial aid and required local resources, the
financial support provided each pupil in Average Daily Attendance
equals or exceeds a prescribed per pupil Foundation Level. This
formula approach imputes a level of per pupil Available Local
Resources and provides for the basis to calculate a per pupil level
of general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount of per
pupil general State financial aid for school districts, in general,
varies in inverse relation to Available Local Resources. Per pupil
amounts are based upon each school district's Average Daily
Attendance as that term is defined in this Section.
(2) In addition to general State financial aid, school districts
with specified levels or concentrations of pupils from low income
households are eligible to receive supplemental general State
financial aid grants as provided pursuant to subsection (H). The
supplemental State aid grants provided for school districts under
subsection (H) shall be appropriated for distribution to school
districts as part of the same line item in which the general State
financial aid of school districts is appropriated under this Section.
(3) To receive financial assistance under this Section, school
districts are required to file claims with the State Board of
Education, subject to the following requirements:
(a) Any school district which fails for any given school
year to maintain school as required by law, or to maintain a
recognized school is not eligible to file for such school year
6170 JOURNAL OF THE [May 27, 1999]
any claim upon the Common School Fund. In case of nonrecognition
of one or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district shall be
reduced in the proportion which the Average Daily Attendance in
the attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school" means
any public school which meets the standards as established for
recognition by the State Board of Education. A school district
or attendance center not having recognition status at the end of
a school term is entitled to receive State aid payments due upon
a legal claim which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9, 18-10, and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school under
Section 10-19.1, the general State aid to the school district
shall be determined by the State Board of Education in accordance
with this Section as near as may be applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the board of
any district receiving any of the grants provided for in this Section
may apply those funds to any fund so received for which that board is
authorized to make expenditures by law.
School districts are not required to exert a minimum Operating
Tax Rate in order to qualify for assistance under this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in subsection (C)
and utilized in deriving per pupil financial support levels.
(b) "Available Local Resources": A computation of local
financial support, calculated on the basis of Average Daily
Attendance and derived as provided pursuant to subsection (D).
(c) "Corporate Personal Property Replacement Taxes": Funds
paid to local school districts pursuant to "An Act in relation to
the abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and repealing
certain Acts and parts of Acts in connection therewith",
certified August 14, 1979, as amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest, Summer
School, Rent, Capital Improvement, and Vocational Education
Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the State
representing the minimum level of per pupil financial support that
should be available to provide for the basic education of each pupil
in Average Daily Attendance. As set forth in this Section, each
school district is assumed to exert a sufficient local taxing effort
such that, in combination with the aggregate of general State
financial aid provided the district, an aggregate of State and local
resources are available to meet the basic education needs of pupils
in the district.
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the Foundation
Level of support is $4,325. For the 2000-2001 school year, the
Foundation Level of support is $4,425.
(3) For the 2001-2002 school year and each school year
thereafter, the Foundation Level of support is $4,425 or such greater
HOUSE OF REPRESENTATIVES 6171
amount as may be established by law by the General Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant to
subsection (E), an Average Daily Attendance figure shall be utilized.
The Average Daily Attendance figure for formula calculation purposes
shall be the monthly average of the actual number of pupils in
attendance of each school district, as further averaged for the best
3 months of pupil attendance for each school district. In compiling
the figures for the number of pupils in attendance, school districts
and the State Board of Education shall, for purposes of general State
aid funding, conform attendance figures to the requirements of
subsection (F).
(2) The Average Daily Attendance figures utilized in subsection
(E) shall be the requisite attendance data for the school year
immediately preceding the school year for which general State aid is
being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant to
subsection (E), a representation of Available Local Resources per
pupil, as that term is defined and determined in this subsection,
shall be utilized. Available Local Resources per pupil shall include
a calculated dollar amount representing local school district
revenues from local property taxes and from Corporate Personal
Property Replacement Taxes, expressed on the basis of pupils in
Average Daily Attendance.
(2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each school
district as of September 30 of the previous year. The equalized
assessed valuation utilized shall be obtained and determined as
provided in subsection (G).
(3) For school districts maintaining grades kindergarten through
12, local property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 3.00%, and divided by the district's Average
Daily Attendance figure. For school districts maintaining grades
kindergarten through 8, local property tax revenues per pupil shall
be calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 2.30%, and divided by the
district's Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues per
pupil shall be the applicable equalized assessed valuation of the
district multiplied by 1.20%, and divided by the district's Average
Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid to
each school district during the calendar year 2 years before the
calendar year in which a school year begins, divided by the Average
Daily Attendance figure for that district, shall be added to the
local property tax revenues per pupil as derived by the application
of the immediately preceding paragraph (3). The sum of these per
pupil figures for each school district shall constitute Available
Local Resources as that term is utilized in subsection (E) in the
calculation of general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State Board of
Education as provided in this subsection.
(2) For any school district for which Available Local Resources
per pupil is less than the product of 0.93 times the Foundation
Level, general State aid for that district shall be calculated as an
amount equal to the Foundation Level minus Available Local Resources,
6172 JOURNAL OF THE [May 27, 1999]
multiplied by the Average Daily Attendance of the school district.
(3) For any school district for which Available Local Resources
per pupil is equal to or greater than the product of 0.93 times the
Foundation Level and less than the product of 1.75 times the
Foundation Level, the general State aid per pupil shall be a decimal
proportion of the Foundation Level derived using a linear algorithm.
Under this linear algorithm, the calculated general State aid per
pupil shall decline in direct linear fashion from 0.07 times the
Foundation Level for a school district with Available Local Resources
equal to the product of 0.93 times the Foundation Level, to 0.05
times the Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation Level.
The allocation of general State aid for school districts subject to
this paragraph 3 shall be the calculated general State aid per pupil
figure multiplied by the Average Daily Attendance of the school
district.
(4) For any school district for which Available Local Resources
per pupil equals or exceeds the product of 1.75 times the Foundation
Level, the general State aid for the school district shall be
calculated as the product of $218 multiplied by the Average Daily
Attendance of the school district.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year, submit
to the State Board of Education, on forms prescribed by the State
Board of Education, attendance figures for the school year that began
in the preceding calendar year. The attendance information so
transmitted shall identify the average daily attendance figures for
each month of the school year, except that any days of attendance in
August shall be added to the month of September and any days of
attendance in June shall be added to the month of May.
Except as otherwise provided in this Section, days of attendance
by pupils shall be counted only for sessions of not less than 5 clock
hours of school work per day under direct supervision of: (i)
teachers, or (ii) non-teaching personnel or volunteer personnel when
engaging in non-teaching duties and supervising in those instances
specified in subsection (a) of Section 10-22.34 and paragraph 10 of
Section 34-18, with pupils of legal school age and in kindergarten
and grades 1 through 12.
Days of attendance by tuition pupils shall be accredited only to
the districts that pay the tuition to a recognized school.
(2) Days of attendance by pupils of less than 5 clock hours of
school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for only a
part of the school day may be counted on the basis of 1/6 day for
every class hour of instruction of 40 minutes or more attended
pursuant to such enrollment.
(b) Days of attendance may be less than 5 clock hours on
the opening and closing of the school term, and upon the first
day of pupil attendance, if preceded by a day or days utilized as
an institute or teachers' workshop.
(c) A session of 4 or more clock hours may be counted as a
day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent of
Education to the extent that the district has been forced to use
daily multiple sessions.
(d) A session of 3 or more clock hours may be counted as a
day of attendance (1) when the remainder of the school day or at
least 2 hours in the evening of that day is utilized for an
in-service training program for teachers, up to a maximum of 5
days per school year of which a maximum of 4 days of such 5 days
HOUSE OF REPRESENTATIVES 6173
may be used for parent-teacher conferences, provided a district
conducts an in-service training program for teachers which has
been approved by the State Superintendent of Education; or, in
lieu of 4 such days, 2 full days may be used, in which event each
such day may be counted as a day of attendance; and (2) when days
in addition to those provided in item (1) are scheduled by a
school pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement plan
adopted under Article 2, provided that (i) such sessions of 3 or
more clock hours are scheduled to occur at regular intervals,
(ii) the remainder of the school days in which such sessions
occur are utilized for in-service training programs or other
staff development activities for teachers, and (iii) a sufficient
number of minutes of school work under the direct supervision of
teachers are added to the school days between such regularly
scheduled sessions to accumulate not less than the number of
minutes by which such sessions of 3 or more clock hours fall
short of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing average
daily attendance. Days scheduled for in-service training
programs, staff development activities, or parent-teacher
conferences may be scheduled separately for different grade
levels and different attendance centers of the district.
(e) A session of not less than one clock hour of teaching
hospitalized or homebound pupils on-site or by telephone to the
classroom may be counted as 1/2 day of attendance, however these
pupils must receive 4 or more clock hours of instruction to be
counted for a full day of attendance.
(f) A session of at least 4 clock hours may be counted as a
day of attendance for first grade pupils, and pupils in full day
kindergartens, and a session of 2 or more hours may be counted as
1/2 day of attendance by pupils in kindergartens which provide
only 1/2 day of attendance.
(g) For children with disabilities who are below the age of
6 years and who cannot attend 2 or more clock hours because of
their disability or immaturity, a session of not less than one
clock hour may be counted as 1/2 day of attendance; however for
such children whose educational needs so require a session of 4
or more clock hours may be counted as a full day of attendance.
(h) A recognized kindergarten which provides for only 1/2
day of attendance by each pupil shall not have more than 1/2 day
of attendance counted in any one day. However, kindergartens may
count 2 1/2 days of attendance in any 5 consecutive school days.
When a pupil attends such a kindergarten for 2 half days on any
one school day, the pupil shall have the following day as a day
absent from school, unless the school district obtains permission
in writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as attendance
by first grade pupils. Only the first year of attendance in one
kindergarten shall be counted, except in case of children who
entered the kindergarten in their fifth year whose educational
development requires a second year of kindergarten as determined
under the rules and regulations of the State Board of Education.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local Resources
required pursuant to subsection (D), the State Board of Education
shall secure from the Department of Revenue the value as equalized or
assessed by the Department of Revenue of all taxable property of
every school district together with the applicable tax rate used in
extending taxes for the funds of the district as of September 30 of
6174 JOURNAL OF THE [May 27, 1999]
the previous year.
This equalized assessed valuation, as adjusted further by the
requirements of this subsection, shall be utilized in the calculation
of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall be
adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under this
Section, with respect to any part of a school district within a
redevelopment project area in respect to which a municipality has
adopted tax increment allocation financing pursuant to the Tax
Increment Allocation Redevelopment Act, Sections 11-74.4-1
through 11-74.4-11 of the Illinois Municipal Code or the
Industrial Jobs Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the Illinois Municipal Code, no part of the current
equalized assessed valuation of real property located in any such
project area which is attributable to an increase above the total
initial equalized assessed valuation of such property shall be
used as part of the equalized assessed valuation of the district,
until such time as all redevelopment project costs have been
paid, as provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35 of the
Industrial Jobs Recovery Law. For the purpose of the equalized
assessed valuation of the district, the total initial equalized
assessed valuation or the current equalized assessed valuation,
whichever is lower, shall be used until such time as all
redevelopment project costs have been paid.
(b) The real property equalized assessed valuation for a
school district shall be adjusted by subtracting from the real
property value as equalized or assessed by the Department of
Revenue for the district an amount computed by dividing the
amount of any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining grades
kindergarten through 12, by 2.30% for a district maintaining
grades kindergarten through 8, or by 1.20% for a district
maintaining grades 9 through 12 and adjusted by an amount
computed by dividing the amount of any abatement of taxes under
subsection (a) of Section 18-165 of the Property Tax Code by the
same percentage rates for district type as specified in this
subparagraph (b).
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district is
allotted pursuant to subsection (E), qualifying school districts
shall receive a grant, paid in conjunction with a district's payments
of general State aid, for supplemental general State aid based upon
the concentration level of children from low-income households within
the school district. Supplemental State aid grants provided for
school districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item in
which the general State financial aid of school districts is
appropriated under this Section. For purposes of this subsection, the
term "Low-Income Concentration Level" shall be the low-income
eligible pupil count from the most recently available federal census
divided by the Average Daily Attendance of the school district. If,
however, the percentage decrease from the 2 most recent federal
censuses in the low-income eligible pupil count of a high school
district with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count of
contiguous elementary school districts, whose boundaries are
coterminous with the high school district, the high school district's
low-income eligible pupil count from the earlier federal census shall
be the number used as the low-income eligible pupil count for the
HOUSE OF REPRESENTATIVES 6175
high school district, for purposes of this subsection (H).
(2) Supplemental general State aid pursuant to this subsection
shall be provided as follows:
(a) For any school district with a Low Income Concentration
Level of at least 20% and less than 35%, the grant for any school
year shall be $800 multiplied by the low income eligible pupil
count.
(b) For any school district with a Low Income Concentration
Level of at least 35% and less than 50%, the grant for the
1998-1999 school year shall be $1,100 multiplied by the low
income eligible pupil count.
(c) For any school district with a Low Income Concentration
Level of at least 50% and less than 60%, the grant for the
1998-99 school year shall be $1,500 multiplied by the low income
eligible pupil count.
(d) For any school district with a Low Income Concentration
Level of 60% or more, the grant for the 1998-99 school year shall
be $1,900 multiplied by the low income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d), immediately above
shall be increased by $100 to $1,243 $1,200, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil amounts
specified in subparagraphs (b), (c), and (d) immediately above
shall be increased to $1,273 $1,230, $1,640, and $2,050,
respectively.
(3) School districts with an Average Daily Attendance of more
than 1,000 and less than 50,000 that qualify for supplemental general
State aid pursuant to this subsection shall submit a plan to the
State Board of Education prior to October 30 of each year for the use
of the funds resulting from this grant of supplemental general State
aid for the improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such plan
shall be submitted in accordance with rules and regulations
promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of 50,000
or more that qualify for supplemental general State aid pursuant to
this subsection shall be required to distribute from funds available
pursuant to this Section, no less than $261,000,000 in accordance
with the following requirements:
(a) The required amounts shall be distributed to the
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or breakfasts
under the federal Child Nutrition Act of 1966 and under the
National School Lunch Act during the immediately preceding school
year.
(b) The distribution of these portions of supplemental and
general State aid among attendance centers according to these
requirements shall not be compensated for or contravened by
adjustments of the total of other funds appropriated to any
attendance centers, and the Board of Education shall utilize
funding from one or several sources in order to fully implement
this provision annually prior to the opening of school.
(c) Each attendance center shall be provided by the school
district a distribution of noncategorical funds and other
categorical funds to which an attendance center is entitled under
law in order that the general State aid and supplemental general
State aid provided by application of this subsection supplements
rather than supplants the noncategorical funds and other
categorical funds provided by the school district to the
6176 JOURNAL OF THE [May 27, 1999]
attendance centers.
(d) Any funds made available under this subsection that by
reason of the provisions of this subsection are not required to
be allocated and provided to attendance centers may be used and
appropriated by the board of the district for any lawful school
purpose.
(e) Funds received by an attendance center pursuant to this
subsection shall be used by the attendance center at the
discretion of the principal and local school council for programs
to improve educational opportunities at qualifying schools
through the following programs and services: early childhood
education, reduced class size or improved adult to student
classroom ratio, enrichment programs, remedial assistance,
attendance improvement, and other educationally beneficial
expenditures which supplement the regular and basic programs as
determined by the State Board of Education. Funds provided shall
not be expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet the
educational needs of disadvantaged children, in compliance with
the requirements of this paragraph, to the State Board of
Education prior to July 15 of each year. This plan shall be
consistent with the decisions of local school councils concerning
the school expenditure plans developed in accordance with part 4
of Section 34-2.3. The State Board shall approve or reject the
plan within 60 days after its submission. If the plan is
rejected, the district shall give written notice of intent to
modify the plan within 15 days of the notification of rejection
and then submit a modified plan within 30 days after the date of
the written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State Board
of Education.
Upon notification by the State Board of Education that the
district has not submitted a plan prior to July 15 or a modified
plan within the time period specified herein, the State aid funds
affected by that plan or modified plan shall be withheld by the
State Board of Education until a plan or modified plan is
submitted.
If the district fails to distribute State aid to attendance
centers in accordance with an approved plan, the plan for the
following year shall allocate funds, in addition to the funds
otherwise required by this subsection, to those attendance
centers which were underfunded during the previous year in
amounts equal to such underfunding.
For purposes of determining compliance with this subsection
in relation to the requirements of attendance center funding,
each district subject to the provisions of this subsection shall
submit as a separate document by December 1 of each year a report
of expenditure data for the prior year in addition to any
modification of its current plan. If it is determined that there
has been a failure to comply with the expenditure provisions of
this subsection regarding contravention or supplanting, the State
Superintendent of Education shall, within 60 days of receipt of
the report, notify the district and any affected local school
council. The district shall within 45 days of receipt of that
notification inform the State Superintendent of Education of the
remedial or corrective action to be taken, whether by amendment
of the current plan, if feasible, or by adjustment in the plan
for the following year. Failure to provide the expenditure
report or the notification of remedial or corrective action in a
HOUSE OF REPRESENTATIVES 6177
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this subsection. No
funds shall be released under this subdivision (H)(4) to any
district that has not submitted a plan that has been approved by
the State Board of Education.
(I) General State Aid for Newly Configured School Districts.
(1) For a new school district formed by combining property
included totally within 2 or more previously existing school
districts, for its first year of existence the general State aid and
supplemental general State aid calculated under this Section shall be
computed for the new district and for the previously existing
districts for which property is totally included within the new
district. If the computation on the basis of the previously existing
districts is greater, a supplementary payment equal to the difference
shall be made for the first 4 years of existence of the new district.
(2) For a school district which annexes all of the territory of
one or more entire other school districts, for the first year during
which the change of boundaries attributable to such annexation
becomes effective for all purposes as determined under Section 7-9 or
7A-8, the general State aid and supplemental general State aid
calculated under this Section shall be computed for the annexing
district as constituted after the annexation and for the annexing and
each annexed district as constituted prior to the annexation; and if
the computation on the basis of the annexing and annexed districts as
constituted prior to the annexation is greater, a supplementary
payment equal to the difference shall be made for the first 4 years
of existence of the annexing school district as constituted upon such
annexation.
(3) For 2 or more school districts which annex all of the
territory of one or more entire other school districts, and for 2 or
more community unit districts which result upon the division
(pursuant to petition under Section 11A-2) of one or more other unit
school districts into 2 or more parts and which together include all
of the parts into which such other unit school district or districts
are so divided, for the first year during which the change of
boundaries attributable to such annexation or division becomes
effective for all purposes as determined under Section 7-9 or 11A-10,
as the case may be, the general State aid and supplemental general
State aid calculated under this Section shall be computed for each
annexing or resulting district as constituted after the annexation or
division and for each annexing and annexed district, or for each
resulting and divided district, as constituted prior to the
annexation or division; and if the aggregate of the general State aid
and supplemental general State aid as so computed for the annexing or
resulting districts as constituted after the annexation or division
is less than the aggregate of the general State aid and supplemental
general State aid as so computed for the annexing and annexed
districts, or for the resulting and divided districts, as constituted
prior to the annexation or division, then a supplementary payment
equal to the difference shall be made and allocated between or among
the annexing or resulting districts, as constituted upon such
annexation or division, for the first 4 years of their existence.
The total difference payment shall be allocated between or among the
annexing or resulting districts in the same ratio as the pupil
enrollment from that portion of the annexed or divided district or
districts which is annexed to or included in each such annexing or
resulting district bears to the total pupil enrollment from the
entire annexed or divided district or districts, as such pupil
enrollment is determined for the school year last ending prior to the
6178 JOURNAL OF THE [May 27, 1999]
date when the change of boundaries attributable to the annexation or
division becomes effective for all purposes. The amount of the total
difference payment and the amount thereof to be allocated to the
annexing or resulting districts shall be computed by the State Board
of Education on the basis of pupil enrollment and other data which
shall be certified to the State Board of Education, on forms which it
shall provide for that purpose, by the regional superintendent of
schools for each educational service region in which the annexing and
annexed districts, or resulting and divided districts are located.
(3.5) Claims for financial assistance under this subsection (I)
shall not be recomputed except as expressly provided under this
Section.
(4) Any supplementary payment made under this subsection (I)
shall be treated as separate from all other payments made pursuant to
this Section.
(J) Supplementary Grants in Aid.
(1) Notwithstanding any other provisions of this Section, the
amount of the aggregate general State aid in combination with
supplemental general State aid under this Section for which each
school district is eligible shall be no less than the amount of the
aggregate general State aid entitlement that was received by the
district under Section 18-8 (exclusive of amounts received under
subsections 5(p) and 5(p-5) of that Section) for the 1997-98 school
year, pursuant to the provisions of that Section as it was then in
effect. If a school district qualifies to receive a supplementary
payment made under this subsection (J), the amount of the aggregate
general State aid in combination with supplemental general State aid
under this Section which that district is eligible to receive for
each school year shall be no less than the amount of the aggregate
general State aid entitlement that was received by the district under
Section 18-8 (exclusive of amounts received under subsections 5(p)
and 5(p-5) of that Section) for the 1997-1998 school year, pursuant
to the provisions of that Section as it was then in effect.
(2) If, as provided in paragraph (1) of this subsection (J), a
school district is to receive aggregate general State aid in
combination with supplemental general State aid under this Section
for the 1998-99 school year and any subsequent school year that in
any such school year is less than the amount of the aggregate general
State aid entitlement that the district received for the 1997-98
school year, the school district shall also receive, from a separate
appropriation made for purposes of this subsection (J), a
supplementary payment that is equal to the amount of the difference
in the aggregate State aid figures as described in paragraph (1).
(3) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board of a
public university that operates a laboratory school under this
Section or to any alternative school that is operated by a regional
superintendent of schools, the State Board of Education shall require
by rule such reporting requirements as it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board of a
public university which receives funds from the State Board under
this subsection (K) may not increase the number of students enrolled
in its laboratory school from a single district, if that district is
already sending 50 or more students, except under a mutual agreement
between the school board of a student's district of residence and the
university which operates the laboratory school. A laboratory school
may not have more than 1,000 students, excluding students with
disabilities in a special education program.
HOUSE OF REPRESENTATIVES 6179
As used in this Section, "alternative school" means a public
school which is created and operated by a Regional Superintendent of
Schools and approved by the State Board of Education. Such
alternative schools may offer courses of instruction for which credit
is given in regular school programs, courses to prepare students for
the high school equivalency testing program or vocational and
occupational training. A regional superintendent of schools may
contract with a school district or a public community college
district to operate an alternative school. An alternative school
serving more than one educational service region may be established
by the regional superintendents of schools of those the affected
educational service regions. An alternative school serving more than
one educational service region may be operated under such terms as
the regional superintendents of schools of those educational service
regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual State
aid claim which states the Average Daily Attendance of the school's
students by month. The best 3 months' Average Daily Attendance shall
be computed for each school. The general State aid entitlement shall
be computed by multiplying the applicable Average Daily Attendance by
the Foundation Level as determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the general
State aid otherwise payable to that district under this Section, but
not the supplemental general State aid, shall be reduced by an amount
equal to the budget for the operations of the Authority as certified
by the Authority to the State Board of Education, and an amount equal
to such reduction shall be paid to the Authority created for such
district for its operating expenses in the manner provided in Section
18-11. The remainder of general State school aid for any such
district shall be paid in accordance with Article 34A when that
Article provides for a disposition other than that provided by this
Article.
(2) Impaction. Impaction payments shall be made as provided for
in Section 18-4.2.
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created. The
Board shall consist of 5 members who are appointed by the Governor,
by and with the advice and consent of the Senate. The members
appointed shall include representatives of education, business, and
the general public. One of the members so appointed shall be
designated by the Governor at the time the appointment is made as the
chairperson of the Board. The initial members of the Board may be
appointed any time after the effective date of this amendatory Act of
1997. The regular term of each member of the Board shall be for 4
years from the third Monday of January of the year in which the term
of the member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who is
appointed as the chairperson shall serve for a term that commences on
the date of his or her appointment and expires on the third Monday of
January, 2002, and the remaining 4 members, by lots drawn at the
first meeting of the Board that is held after all 5 members are
appointed, shall determine 2 of their number to serve for terms that
commence on the date of their respective appointments and expire on
the third Monday of January, 2001, and 2 of their number to serve for
terms that commence on the date of their respective appointments and
6180 JOURNAL OF THE [May 27, 1999]
expire on the third Monday of January, 2000. All members appointed
to serve on the Board shall serve until their respective successors
are appointed and confirmed. Vacancies shall be filled in the same
manner as original appointments. If a vacancy in membership occurs
at a time when the Senate is not in session, the Governor shall make
a temporary appointment until the next meeting of the Senate, when he
or she shall appoint, by and with the advice and consent of the
Senate, a person to fill that membership for the unexpired term. If
the Senate is not in session when the initial appointments are made,
those appointments shall be made as in the case of vacancies.
The Education Funding Advisory Board shall be deemed established,
and the initial members appointed by the Governor to serve as members
of the Board shall take office, on the date that the Governor makes
his or her appointment of the fifth initial member of the Board,
whether those initial members are then serving pursuant to
appointment and confirmation or pursuant to temporary appointments
that are made by the Governor as in the case of vacancies.
The State Board of Education shall provide such staff assistance
to the Education Funding Advisory Board as is reasonably required for
the proper performance by the Board of its responsibilities.
For school years after the 2000-2001 school year, the Education
Funding Advisory Board, in consultation with the State Board of
Education, shall make recommendations as provided in this subsection
(M) to the General Assembly for the foundation level under
subdivision (B)(3) of this Section and for the supplemental general
State aid grant level under subsection (H) of this Section for
districts with high concentrations of children from poverty. The
recommended foundation level shall be determined based on a
methodology which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such recommendations to
the General Assembly on January 1 of odd numbered years, beginning
January 1, 2001.
(N) General State Aid Adjustment Grant.
(1) Any school district subject to property tax extension
limitations as imposed under the provisions of the Property Tax
Extension Limitation Law shall be entitled to receive, subject to the
qualifications and requirements of this subsection, a general State
aid adjustment grant. Eligibility for this grant shall be determined
on an annual basis and claims for grant payments shall be paid
subject to appropriations made specific to this subsection. For
purposes of this subsection the following terms shall have the
following meanings:
"Budget Year": The school year for which general State aid is
calculated and awarded under subsection (E).
"Current Year": The school year immediately preceding the Budget
Year.
"Base Tax Year": The property tax levy year used to calculate
the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year immediately
preceding the Base Tax Year.
"Extension Limitation Ratio": A numerical ratio, certified by a
school district's County Clerk, in which the numerator is the Base
Tax Year's tax extension amount resulting from the Limiting Rate and
the denominator is the Preceding Tax Year's tax extension amount
resulting from the Limiting Rate.
"Limiting Rate": The limiting rate as defined in the Property
Tax Extension Limitation Law.
"Preliminary Tax Rate": The tax rate for all purposes except bond
and interest that would have been used to extend those taxes absent
the provisions of the Property Tax Extension Limitation Law.
HOUSE OF REPRESENTATIVES 6181
(2) To qualify for a general State aid adjustment grant, a
school district must meet all of the following eligibility criteria
for each Budget Year for which a grant is claimed:
(a) (Blank).
(b) The Preliminary Tax Rate of the school district for the
Base Tax Year was reduced by the Clerk of the County as a result
of the requirements of the Property Tax Extension Limitation Law.
(c) The Available Local Resources per pupil of the school
district as calculated pursuant to subsection (D) using the Base
Tax Year are less than the product of 1.75 times the Foundation
Level for the Budget Year.
(d) The school district has filed a proper and timely claim
for a general State aid adjustment grant as required under this
subsection.
(3) A claim for grant assistance under this subsection shall be
filed with the State Board of Education on or before April 1 of the
Current Year for a grant for the Budget Year. The claim shall be
made on forms prescribed by the State Board of Education and must be
accompanied by a written statement from the Clerk of the County,
certifying:
(a) That the school district had its Preliminary Tax Rate
for the Base Tax Year reduced as a result of the Property Tax
Extension Limitation Law.
(b) (Blank).
(c) The Extension Limitation Ratio as that term is defined
in this subsection.
(4) On or before August 1 of the Budget Year the State Board of
Education shall calculate, for all school districts meeting the other
requirements of this subsection, the amount of the general State aid
adjustment grant, if any, that the school districts are eligible to
receive in the Budget Year. The amount of the general State aid
adjustment grant shall be calculated as follows:
(a) Determine the school district's general State aid grant
for the Budget Year as provided in accordance with the provisions
of subsection (E).
(b) Determine the school district's adjusted level of
general State aid by utilizing in the calculation of Available
Local Resources the equalized assessed valuation that was used to
calculate the general State aid for the preceding fiscal year
multiplied by the Extension Limitation Ratio.
(c) Subtract the sum derived in subparagraph (a) from the
sum derived in subparagraph (b). If the result is a positive
number, that amount shall be the general State aid adjustment
grant that the district is eligible to receive.
(5) The State Board of Education shall in the Current Year,
based upon claims filed in the Current Year, recommend to the General
Assembly an appropriation amount for the general State aid adjustment
grants to be made in the Budget Year.
(6) Claims for general State aid adjustment grants shall be paid
in a lump sum on or before January 1 of the Budget Year only from
appropriations made by the General Assembly expressly for claims
under this subsection. No such claims may be paid from amounts
appropriated for any other purpose provided for under this Section.
In the event that the appropriation for claims under this subsection
is insufficient to meet all Budget Year claims for a general State
aid adjustment grant, the appropriation available shall be
proportionately prorated by the State Board of Education amongst all
districts filing for and entitled to payments.
(7) The State Board of Education shall promulgate the required
claim forms and rules necessary to implement the provisions of this
subsection.
6182 JOURNAL OF THE [May 27, 1999]
(O) References.
(1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to the
corresponding provisions of this Section 18-8.05, to the extent that
those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall be
deemed to refer to the supplemental general State aid provided under
subsection (H) of this Section.
(Source: P.A. 90-548, eff. 7-1-98; incorporates 90-566; 90-653, eff.
7-29-98; 90-654, eff. 7-29-98; 90-655, eff. 7-30-98; 90-802, eff.
12-15-98; 90-815, eff. 2-11-99; revised 2-17-99.)
Section 20. The Children's Health Insurance Program Act is
amended by changing Section 35 as follows:
(215 ILCS 106/35)
(Section scheduled to be repealed on June 30, 2001)
Sec. 35. Funding.
(a) This Program is not an entitlement and shall not be
construed to create an entitlement. Eligibility for the Program is
subject to appropriation of funds by the State and federal
governments. Subdivision (a)(2) of Section 25 shall operate and be
funded only if subdivision (a)(1) of Section 25 is operational and
funded. The estimated net State share of appropriated funds for
subdivision (a)(2) of Section 25 shall be equal to the estimated net
State share of appropriated funds for subdivision (a)(1) of Section
25.
(b) Any requirement imposed under this Act and any
implementation of this Act by the Department shall cease in the event
(1) continued receipt of federal funds for implementation of this Act
requires an amendment to this Act, or (2) federal funds for
implementation of the Act are not otherwise available.
(c) Payments under this Act shall be appropriated from the
General Revenue Fund and other funds that are authorized to be used
to reimburse or make medical payments for health care benefits under
this Act or Title XXI of the Social Security Act.
(d) Benefits under this Act shall be available only as long as
the intergovernmental agreements made pursuant to Section 12-4.7 and
Article XV of the Illinois Public Aid Code and entered into between
the Department and the Cook County Board of Commissioners continue to
exist.
(Source: P.A. 90-736, eff. 8-12-98.)
Section 25. The Illinois Public Aid Code is amended by changing
Sections 5-5.4, 10-3.1, 10-8, 10-10, 10-16, 10-19, 12-4.11, 12-4.34,
12-9, 12-10, 12-11, 15-2, 15-3, and 15-4 and adding Section 12-9.1 as
follows:
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Public Aid.
The Department of Public Aid shall develop standards of payment of
skilled nursing and intermediate care services in facilities
providing such services under this Article which:
(1) Provides for the determination of a facility's payment for
skilled nursing and intermediate care services on a prospective
basis. The amount of the payment rate for all nursing facilities
certified under the medical assistance program shall be prospectively
established annually on the basis of historical, financial, and
statistical data reflecting actual costs from prior years, which
shall be applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed facilities
shall be based upon projected budgets. The annually established
payment rate shall take effect on July 1 in 1984 and subsequent
years. Rate increases shall be provided annually thereafter on July
HOUSE OF REPRESENTATIVES 6183
1 in 1984 and on each subsequent July 1 in the following years,
except that no rate increase and no update for inflation shall be
provided on or after July 1, 1994 and before July 1, 2000 1999,
unless specifically provided for in this Section.
For facilities licensed by the Department of Public Health under
the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under Age
22 facilities, the rates taking effect on July 1, 1998 shall include
an increase of 3%. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled Nursing
facilities or Intermediate Care facilities, the rates taking effect
on July 1, 1998 shall include an increase of 3% plus $1.10 per
resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health under
the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under Age
22 facilities, the rates taking effect on July 1, 1999 shall include
an increase of 1.6% plus $3.00 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Skilled Nursing facilities
or Intermediate Care facilities, the rates taking effect on July 1,
1999 shall include an increase of 1.6% and, for services provided on
or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
Rates established effective each July 1 shall govern payment for
services rendered throughout that fiscal year, except that rates
established on July 1, 1996 shall be increased by 6.8% for services
provided on or after January 1, 1997. Such rates will be based upon
the rates calculated for the year beginning July 1, 1990, and for
subsequent years thereafter shall be based on the facility cost
reports for the facility fiscal year ending at any point in time
during the previous calendar year, updated to the midpoint of the
rate year. The cost report shall be on file with the Department no
later than April 1 of the current rate year. Should the cost report
not be on file by April 1, the Department shall base the rate on the
latest cost report filed by each skilled care facility and
intermediate care facility, updated to the midpoint of the current
rate year. In determining rates for services rendered on and after
July 1, 1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level below what
that component would have been utilizing in the rate effective on
July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled nursing
and intermediate care services under the medical assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards imposed
and prescribed by the State of Illinois, any of its political
subdivisions or municipalities and by the United States Department of
Health, Education and Welfare pursuant to Title XIX of the Social
Security Act.
The Department of Public Aid shall develop precise standards for
payments to reimburse nursing facilities for any utilization of
appropriate rehabilitative personnel for the provision of
rehabilitative services which is authorized by federal regulations,
including reimbursement for services provided by qualified therapists
or qualified assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
6184 JOURNAL OF THE [May 27, 1999]
utilization of other supportive personnel under appropriate
supervision.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9, eff.
7-1-97; 90-588, eff. 7-1-98.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child
and Spouse Support Unit to search for and locate absent parents and
spouses liable for the support of persons resident in this State and
to exercise the support enforcement powers and responsibilities
assigned the Department by this Article. The unit shall cooperate
with all law enforcement officials in this State and with the
authorities of other States in locating persons responsible for the
support of persons resident in other States and shall invite the
cooperation of these authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support
Unit by this Article, the Unit may refer to the Attorney General or
units of local government with the approval of the Attorney General,
any actions under Sections 10-10 and 10-15 for judicial enforcement
of the support liability. The Child and Spouse Support Unit shall
act for the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in Section
12-16, attorneys of the Unit may assist the Attorney General or
themselves institute actions in behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support Act;
under the Illinois Parentage Act of 1984; under the Non-Support of
Spouse and Children Act; or under any other law, State or Federal,
providing for support of a spouse or dependent child.
The Illinois Department shall also have the authority to enter
into agreements with local governmental units or individuals, with
the approval of the Attorney General, for the collection of moneys
owing because of the failure of a parent to make child support
payments for any child receiving services under this Article. Such
agreements may be on a contingent fee basis, but such contingent fee
shall not exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this Section
shall represent the Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to
this Section, an attorney-client relationship does not exist for
purposes of that action between that attorney and (i) an applicant
for or recipient of child and spouse support services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any power or
duty (including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise provided by
law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise
the investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11,
in locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments obtained
shall be deposited into the DHS Public Assistance Recoveries Trust
Fund. Support payments shall be paid over to the General Assistance
Fund of the local governmental unit at such time or times as the
agreement may specify.
With respect to those cases in which it has support enforcement
powers and responsibilities under this Article, the Illinois
Department may provide by rule for periodic or other review of each
HOUSE OF REPRESENTATIVES 6185
administrative and court order for support to determine whether a
modification of the order should be sought. The Illinois Department
shall provide for and conduct such review in accordance with any
applicable federal law and regulation.
As part of its process for review of orders for support, the
Illinois Department, through written notice, may require the
responsible relative to disclose his or her Social Security Number
and past and present information concerning the relative's address,
employment, gross wages, deductions from gross wages, net wages,
bonuses, commissions, number of dependent exemptions claimed,
individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide
support in a case receiving child and spouse support services under
this Article X.
The Illinois Department may send a written request for the same
information to the relative's employer. The employer shall respond
to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to
fully respond within the 15-day period, the employer shall pay a
penalty of $100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought against the
employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to
this Section shall consist of (i) a citation of this Section as the
statutory authority for the request and for the employer's obligation
to provide the requested information, (ii) a returnable form setting
forth the employer's name and address and listing the name of the
employee with respect to whom information is requested, and (iii) a
citation of this Section as the statutory authority authorizing the
employer to withhold a fee of up to $20 from the wages or income to
be paid to each responsible relative for providing the information to
the Illinois Department within the 15-day period. If the employer is
withholding support payments from the responsible relative's income
pursuant to an order for withholding, the employer may withhold the
fee provided for in this Section only after withholding support as
required under the order. Any amounts withheld from the responsible
relative's income for payment of support and the fee provided for in
this Section shall not be in excess of the amounts permitted under
the federal Consumer Credit Protection Act.
In a case receiving child and spouse support services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct a
review of a court or administrative order for support at the request
of the person receiving child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and Spouse
Support Unit information supplied by persons applying for or
receiving child and spouse support services under Section 10-1. In
addition, the Illinois Department shall address and respond to any
alleged deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by the
Child and Spouse Support Unit that affects his or her case, a
recipient of or applicant for child and spouse support services under
Article X of this Code may request an explanation of the Unit's
handling of the case. At the requestor's option, the explanation may
be provided either orally in an interview, in writing, or both. If
the Illinois Department fails to respond to the request for an
6186 JOURNAL OF THE [May 27, 1999]
explanation or fails to respond in a manner satisfactory to the
applicant or recipient within 30 days from the date of the request
for an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of the
Administrator of the Child and Spouse Support Unit. A request for a
conference may be submitted at any time within 60 days after the
explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has
expired.
The applicant or recipient may request a conference concerning
any decision denying or terminating child or spouse support services
under Article X of this Code, and the applicant or recipient may also
request a conference concerning the Unit's failure to provide
services or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the Child and
Spouse Support Unit includes all local governmental units or
individuals with whom the Illinois Department has contracted under
Section 10-3.1.
Upon receipt of a timely request for a conference, the Office of
the Administrator shall review the case. The applicant or recipient
requesting the conference shall be entitled, at his or her option, to
appear in person or to participate in the conference by telephone.
The applicant or recipient requesting the conference shall be
entitled to be represented and to be afforded a reasonable
opportunity to review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient requesting
the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall
be without cost to the applicant or recipient requesting the
conference and shall be conducted by a representative of the Child or
Spouse Support Unit who did not participate in the action or inaction
being reviewed.
The Office of the Administrator shall conduct a conference and
inform all interested parties, in writing, of the results of the
conference within 60 days from the date of filing of the request for
a conference.
In addition to its other powers and responsibilities established
by this Article, the Child and Spouse Support Unit shall conduct an
annual assessment of each institution's program for institution based
paternity establishment under Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. Support Payments - Partial Support - Full Support.)
The notice to responsible relatives issued pursuant to Section 10-7
shall direct payment (a) to the Illinois Department in cases of
applicants and recipients under Articles III, IV, V and VII, (b)
except as provided in Section 10-3.1, to the local governmental unit
in the case of applicants and recipients under Article VI, and (c) to
the Illinois Department in cases of non-applicants and non-recipients
given access to the child and spouse support services of this
Article, as provided by Section 10-1. However, if the support
payments by responsible relatives are sufficient to meet needs of a
recipient in full, including current and anticipated medical needs,
and the Illinois Department or the local governmental unit, as the
case may be, has reasonable grounds to believe that such needs will
continue to be provided in full by the responsible relatives, the
relatives may be directed to make subsequent support payments to the
needy person or to some person or agency in his behalf and the
recipient shall be removed from the rolls. In such instance the
recipient also shall be notified by registered or certified mail of
the action taken. If a recipient removed from the rolls requests the
HOUSE OF REPRESENTATIVES 6187
Illinois Department to continue to collect the support payments in
his behalf, the Department, at its option, may do so and pay amounts
so collected to the person. The Department may provide for deducting
any costs incurred by it in making the collection from the amount of
any recovery made and pay only the net amount to the person.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department of Human Services shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursements from these
funds shall be as provided in Sections 12-9.1 12-9 and 12-10.2 of
this Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(Source: P.A. 83-1126.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to persons who
are not applicants or recipients. Except where the Illinois
Department, by agreement, acts for the local governmental unit, as
provided in Section 10-3.1, local governmental units shall refer to
the State's Attorney or to the proper legal representative of the
governmental unit, for judicial enforcement as herein provided,
instances of non-support or insufficient support when the dependents
are applicants or recipients under Article VI. The Child and Spouse
Support Unit established by Section 10-3.1 may institute in behalf of
the Illinois Department any actions under this Section for judicial
enforcement of the support liability when the dependents are (a)
applicants or recipients under Articles III, IV, V or VII (b)
applicants or recipients in a local governmental unit when the
Illinois Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in Section
10-1. Where the Child and Spouse Support Unit has exercised its
option and discretion not to apply the provisions of Sections 10-3
through 10-8, the failure by the Unit to apply such provisions shall
not be a bar to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support,
or for the recovery of aid granted during the period such support was
not provided, or both for the obtainment of support and the recovery
of the aid provided. Actions for the recovery of aid may be taken
separately or they may be consolidated with actions to obtain
support. Such actions may be brought in the name of the person or
persons requiring support, or may be brought in the name of the
Illinois Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the
circumstances require, including support for a period before the date
the order for support is entered. The order may be entered against
any or all of the defendant responsible relatives and may be based
upon the proportionate ability of each to contribute to the person's
support.
The Court shall determine the amount of child support (including
child support for a period before the date the order for child
support is entered) by using the guidelines and standards set forth
in subsection (a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act. For purposes of determining
the amount of child support to be paid for a period before the date
the order for child support is entered, there is a rebuttable
presumption that the responsible relative's net income for that
6188 JOURNAL OF THE [May 27, 1999]
period was the same as his or her net income at the time the order is
entered.
An order entered under this Section shall include a provision
requiring the obligor to report to the obligee and to the clerk of
court within 10 days each time the obligor obtains new employment,
and each time the obligor's employment is terminated for any reason.
The report shall be in writing and shall, in the case of new
employment, include the name and address of the new employer. Failure
to report new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of 60 days,
is indirect criminal contempt. For any obligor arrested for failure
to report new employment bond shall be set in the amount of the child
support that should have been paid during the period of unreported
employment. An order entered under this Section shall also include a
provision requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change except
when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously
endangered by disclosure of the party's address.
The Court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the ability
to be enforced. Any such judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
When an order is entered for the support of a minor, the court
may provide therein for reasonable visitation of the minor by the
person or persons who provided support pursuant to the order.
Whoever willfully refuses to comply with such visitation order or
willfully interferes with its enforcement may be declared in contempt
of court and punished therefor.
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse
Support Unit to act for it, as provided in Section 10-3.1, support
orders entered by the court in cases involving applicants or
recipients under Article VI shall provide that payments thereunder be
made directly to the local governmental unit. Orders for the support
of all other applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In accordance
with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support
payments, or both, after those persons cease to receive public
assistance and until termination of services under Article X. The
Illinois Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection
or any collection fee from the amount of any recovery made. In both
cases the order shall permit the local governmental unit or the
Illinois Department, as the case may be, to direct the responsible
relative or relatives to make support payments directly to the needy
person, or to some person or agency in his behalf, upon removal of
HOUSE OF REPRESENTATIVES 6189
the person from the public aid rolls or upon termination of services
under Article X.
If the notice of support due issued pursuant to Section 10-7
directs that support payments be made directly to the needy person,
or to some person or agency in his behalf, and the recipient is
removed from the public aid rolls, court action may be taken against
the responsible relative hereunder if he fails to furnish support in
accordance with the terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as
defined in Section 2-11 of Article II who is not an applicant for or
recipient of financial aid under this Code. In such instances, the
State's Attorney of the county in which such person resides shall
bring action against the responsible relatives hereunder. If the
Illinois Department, as authorized by Section 10-1, extends the
support services provided by this Article to spouses and dependent
children who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1 shall
bring action against the responsible relatives hereunder and any
support orders entered by the court in such cases shall provide that
payments thereunder be made directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce
a child support or maintenance obligation that the person owing a
duty of support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary, listing
or other memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed person to
report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training or
work programs and where the duty of support is owed to a child
receiving support services under this Article X, the court may order
the unemployed person to report to the Illinois Department for
participation in job search, training or work programs established
under Section 9-6 and Article IXA of this Code.
Whenever it is determined that a person owes past-due support for
a child receiving assistance under this Code, the court shall order
at the request of the Illinois Department:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of this Code as the
court deems appropriate.
A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13
to 10-13.10. Any determination under these Sections, if made the
basis of court action under this Section, shall not affect the de
novo judicial determination required under this Section.
A one-time charge of 20% is imposable upon the amount of past-due
child support owed on July 1, 1988 which has accrued under a support
order entered by the court. The charge shall be imposed in
accordance with the provisions of Section 10-21 of this Code and
shall be enforced by the court upon petition.
All orders for support, when entered or modified, shall include a
provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child and spouse support
services under this Article X, the Illinois Department, within 7
days, (i) of the name, address, and telephone number of any new
employer of the non-custodial parent, (ii) whether the non-custodial
6190 JOURNAL OF THE [May 27, 1999]
parent has access to health insurance coverage through the employer
or other group coverage and, if so, the policy name and number and
the names of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a support
order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of
process or provision of notice necessary in the case may be made at
the last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
in accordance with the Income Withholding for Support Act
An order for support shall include a date on which the current
support obligation terminates. The termination date shall be no
earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order
for support shall state that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this
paragraph shall be construed to prevent the court from modifying the
order.
Upon notification in writing or by electronic transmission from
the Illinois Department to the clerk of the court that a person who
is receiving support payments under this Section is receiving
services under the Child Support Enforcement Program established by
Title IV-D of the Social Security Act, any support payments
subsequently received by the clerk of the court shall be transmitted
in accordance with the instructions of the Illinois Department until
the Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification authorized
under this paragraph, the Illinois Department shall be entitled as a
party to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department's notification
in the court file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department of Human Services shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursements from these
funds shall be as provided in Sections 12-9.1 12-9 and 12-10.2 of
this Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 90-655, eff.
7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 8-14-98; revised 9-14-98.)
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16. Judicial enforcement of court and administrative
support orders.) Court orders entered in proceedings under Section
10-10 and court orders for enforcement of an administrative order
under Section 10-15 and for the payment of money may be enforced by
attachment as for contempt against the persons of the defendants, and
in addition, as other judgments for the payment of money, and costs
may be adjudged against the defendants and apportioned among them;
but if the complaint is dismissed, costs shall be borne by the
Illinois Department or the local governmental unit, as the case may
be. If a responsible relative is directed by the Illinois
Department, or the local governmental unit, under the conditions
stated in Section 10-8, to make support payments directly to the
person, or to some person or agency in his behalf, the court order
entered against him under this Section or Section 10-10 may be
HOUSE OF REPRESENTATIVES 6191
enforced as herein provided if he thereafter fails to furnish support
in accordance with its terms. The State of Illinois shall not be
required to make a deposit for or pay any costs or fees of any court
or officer thereof in any proceeding instituted under this Section.
The provisions of the Civil Practice Law, and all amendments and
modifications thereof, shall apply to and govern all actions
instituted under this Section and Section 10-10. In such actions
proof that a person is an applicant for or recipient of public aid
under any Article of this Code shall be prima facie proof that he is
a person in necessitous circumstances by reason of infirmity,
unemployment or other cause depriving him of the means of a
livelihood compatible with health and well-being.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department of Human Services shall be deposited in the DHS
Public Assistance Recoveries Trust Fund. Disbursements from these
funds shall be as provided in Sections 12-9.1 12-9 and 12-10.2 of
this Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
In addition to the penalties or punishment that may be imposed
under this Section, any person whose conduct constitutes a violation
of Section 1 of the Non-Support of Spouse and Children Act may be
prosecuted under that Section, and a person convicted under that
Section may be sentenced in accordance with that Section. The
sentence may include but need not be limited to a requirement that
the person perform community service under subsection (b) of that
Section or participate in a work alternative program under subsection
(c) of that Section. A person may not be required to participate in a
work alternative program under subsection (c) of that Section if the
person is currently participating in a work program pursuant to
Section 10-11.1 of this Code.
(Source: P.A. 90-733, eff. 8-11-98.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws - Where
Deposited.) The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the
support of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved June 24,
1915, as amended,
2. "Illinois Marriage and Dissolution of Marriage Act", as now
or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support Act",
approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of 1987, as
amended,
6. The "Unified Code of Corrections", approved July 26, 1972, as
amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for direct
payment of support moneys.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department of Human Services shall be deposited in the DHS
6192 JOURNAL OF THE [May 27, 1999]
Public Assistance Recoveries Trust Fund. Disbursements from these
funds shall be as provided in Sections 12-9.1 12-9 and 12-10.2 of
this Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due regard
for and subject to budgetary limitations, shall establish grant
amounts for each of the programs, by regulation. The grant amounts
may vary by program, size of assistance unit and geographic area.
Aid payments shall not be reduced except: (1) for changes in the
cost of items included in the grant amounts, or (2) for changes in
the expenses of the recipient, or (3) for changes in the income or
resources available to the recipient, or (4) for changes in grants
resulting from adoption of a consolidated grant amount.
In fixing standards to govern payments or reimbursements for
funeral and burial expenses, the Department shall take into account
the services essential to a dignified, low-cost funeral and burial,
including but no payment shall be authorized from public aid funds
for the funeral in excess of $650, exclusive of reasonable amounts
that as may be necessary for burial space and cemetery charges, and
any applicable taxes or other required governmental fees or charges.
The Department shall authorize no payment in excess of $325 for a
cemetery burial.
Nothing contained in this Section or in any other Section of this
Code shall be construed to prohibit the Illinois Department (1) from
consolidating existing standards on the basis of any standards which
are or were in effect on, or subsequent to July 1, 1969, or (2) from
employing any consolidated standards in determining need for public
aid and the amount of money payment or grant for individual
recipients or recipient families.
(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; 90-326, eff.
8-8-97; 90-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
(305 ILCS 5/12-4.34)
(Section scheduled to be repealed on August 31, 1999)
Sec. 12-4.34. Services to noncitizens.
(a) Subject to specific appropriation for this purpose and
notwithstanding Sections 1-11 and 3-1 of this Code, the Department of
Human Services is authorized to provide services to legal immigrants,
including but not limited to naturalization and nutrition services
and financial assistance. The nature of these services, payment
levels, and eligibility conditions shall be determined by rule.
(b) The Illinois Department is authorized to lower the payment
levels established under this subsection or take such other actions
during the fiscal year as are necessary to ensure that payments under
this subsection do not exceed the amounts appropriated for this
purpose. These changes may be accomplished by emergency rule under
Section 5-45 of the Illinois Administrative Procedure Act, except
that the limitation on the number of emergency rules that may be
adopted in a 24-month period shall not apply.
(c) This Section is repealed on August 31, 2000 1999.
(Source: P.A. 90-564, eff. 12-22-97; 90-588, eff. 7-1-98.)
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Assistance Recoveries Trust Fund; uses.
The Public Aid Assistance Recoveries Trust Fund shall consist of (1)
recoveries by the Illinois Department of Public Aid authorized by
this Code in respect to applicants or recipients under Articles III,
IV, V, and VI and VII, including recoveries made by the Illinois
Department of Public Aid from the estates of deceased recipients, (2)
recoveries made by the Illinois Department of Public Aid in respect
to applicants and recipients under the Children's Health Insurance
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Program, and (3) federal funds received on behalf of and earned by
local governmental entities for services provided to applicants or
recipients covered under this Code. and payments received by the
Illinois Department under Sections 10-3.1, 10-8, 10-10, 10-16, and
10-19 except those pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act and required to
be paid into the Child Support Enforcement Trust Fund under Section
12-10.2 of this Code, that are required by such Sections to be paid
into the Public Assistance Recoveries Trust Fund. Until July 1, 1998,
this Fund shall be held by the State treasurer as ex-officio
custodian outside the State treasury. After June 30, 1998, The Fund
shall be held as a special fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department of
Public Aid through error or mistake, (2) for payment to persons or
agencies designated as payees or co-payees on any instrument, whether
or not negotiable, delivered to the Illinois Department of Public Aid
as a recovery under this Section, such payment to be in proportion to
the respective interests of the payees in the amount so collected,
(3) for payments to the Department of Human Services for collections
made by the Illinois Department of Public Aid on behalf of the
Department of Human Services under this Code, (4) for payments to
non-recipients, or to former recipients of financial aid of the
collections which are made in their behalf under Article X except
those pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act required to be paid from the
Child Support Enforcement Trust Fund under Section 12-10.2 of this
Code, (4) for payment to local governmental units of support payments
collected by the Illinois Department pursuant to an agreement under
Section 10-3.1, (5) for payment of administrative expenses incurred
in performing the activities authorized under this Code, (5) by
Article X except those pursuant to the Child Support Enforcement
Program established by Title IV-D of the Social Security Act required
to be paid from the Child Support Enforcement Trust Fund under
Section 12-10.2 of this Code, (6) for payment of fees to persons or
agencies in the performance of activities pursuant to the collection
of monies owed the State that are collected under this Code, (6)
except those monies pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act required to be
paid from the Child Support Enforcement Trust Fund under Section
12-10.2 of this Code, (7) for payments of any amounts which are
reimbursable to the federal government which are required to be paid
by State warrant by either the State or federal government, and (7)
for payments to local governmental entities of federal funds for
services provided to applicants or recipients covered under this
Code. (8) for disbursements to attorneys or advocates for legal
representation in an appeal of any claim for federal Supplemental
Security Income benefits before an administrative law judge as
provided for in Section 3-13 of this Code. Until July 1, 1998,
disbursements from this Fund shall be by warrants drawn by the State
Comptroller as receipt of vouchers duly executed and certified by the
Illinois Department. After June 30, 1998, Disbursements from this
Fund for purposes of items (4) and (5), (6), and (8) of this
paragraph shall be subject to appropriations from the Fund to the
Illinois Department of Public Aid.
The balance in this Fund on the first day of each calendar
quarter, after payment therefrom of any amounts reimbursable to the
federal government, and minus the amount reasonably anticipated to be
needed to make the disbursements during that quarter authorized by
this Section, shall be certified by the Director of the Illinois
Department of Public Aid and transferred by the State Comptroller to
6194 JOURNAL OF THE [May 27, 1999]
the General Revenue Fund in the State Treasury within 30 days of the
first day of each calendar quarter.
On July 1, 1999, the State Comptroller shall transfer the sum of
$5,000,000 from the Public Aid Recoveries Trust Fund (formerly the
Public Assistance Recoveries Trust Fund) into the DHS Recoveries
Trust Fund.
(Source: P.A. 90-255, eff. 1-1-98.)
(305 ILCS 5/12-9.1 new)
Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
Recoveries Trust Fund shall consist of recoveries authorized by this
Code in respect to applicants or recipients under Articles III, IV,
and VI, including recoveries from the estates of deceased recipients,
and payments received by the Illinois Department of Human Services
under Sections 10-3.1, 10-8, 10-10, 10-16, 10-19, and 12-9 that are
required by those Sections to be paid into the DHS Recoveries Trust
Fund. This Fund shall be held as a special fund in the State
Treasury.
Disbursements from the Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department of Human
Services through error or mistake, (2) for payment to persons or
agencies designated as payees or co-payees on any instrument, whether
or not negotiable, delivered to the Illinois Department of Human
Services as a recovery under this Section, such payment to be in
proportion to the respective interests of the payees in the amount so
collected, (3) for payments to non-recipients, or to former
recipients of financial aid of the collections which are made in
their behalf under Article X, (4) for payment to local governmental
units of support payments collected by the Illinois Department of
Human Services pursuant to an agreement under Section 10-3.1, (5) for
payment of administrative expenses incurred in performing the
activities authorized by Article X, (6) for payment of fees to person
or agencies in the performance of activities pursuant to the
collection of moneys owed the State, (7) for payments of any amounts
which are reimbursable to the federal government which are required
to be paid by State warrant by either the State or federal
government, and (8) for disbursements to attorneys or advocates for
legal representation in an appeal of any claim for federal
Supplemental Security Income benefits before an administrative law
judge as provided for in Section 3-13 of this Code. Disbursements
from the Fund for purposes of items (5), (6), and (8) of this
paragraph shall be subject to appropriations from the Fund to the
Illinois Department of Human Services.
The balance in the Fund on the first day of each calendar
quarter, after payment therefrom of any amounts reimbursable to the
federal government, and minus the amount reasonably anticipated to be
needed to make the disbursements during that quarter authorized by
this Section, shall be certified by the Secretary of Human Services
and transferred by the State Comptroller to the General Revenue Fund
within 30 days after the first day of each calendar quarter.
(305 ILCS 5/12-10) (from Ch. 23, par. 12-10)
Sec. 12-10. Special Purposes Trust Fund; uses. The Special
Purposes Trust Fund, to be held outside the State Treasury by the
State Treasurer as ex-officio custodian, shall consist of (1) any
federal grants received under Section 12-4.6 that are not required by
Section 12-5 to be paid into the General Revenue Fund or transferred
into the Local Initiative Fund under Section 12-10.1 or deposited in
the Employment and Training Fund under Section 12-10.3 or in the
special account established and maintained in that Fund as provided
in that Section; (2) grants, gifts or legacies of moneys or
securities received under Section 12-4.18; (3) grants received under
Section 12-4.19; and (4) funds for child care and development
HOUSE OF REPRESENTATIVES 6195
services. Disbursements from this Fund shall be only for the
purposes authorized by the aforementioned Sections.
Disbursements from this Fund shall be by warrants drawn by the
State Comptroller on receipt of vouchers duly executed and certified
by the Illinois Department of Human Services, including payment to
the Health Insurance Reserve Fund for group insurance costs at the
rate certified by the Department of Central Management Services.
All federal monies received as reimbursement for expenditures
from the General Revenue Fund, and which were made for the purposes
authorized for expenditures from the Special Purposes Trust Fund,
shall be deposited by the Department into the General Revenue Fund.
(Source: P.A. 90-587, eff. 7-1-98.)
(305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
Sec. 12-11. Deposits by State Treasurer. The State Treasurer
shall deposit moneys received by him as ex-officio custodian of the
Public Assistance Recoveries Trust Fund (until July 1, 1998), the
Child Support Enforcement Trust Fund and the Special Purposes Trust
Fund in banks or savings and loan associations which have been
approved by him as State Depositaries under the Deposit of State
Moneys Act, and with respect to such moneys shall be entitled to the
same rights and privileges as are provided by such Act with respect
to moneys in the treasury of the State of Illinois.
(Source: P.A. 90-255, eff. 1-1-98.)
(305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
Sec. 15-2. County Provider Trust Fund.
(a) There is created in the State Treasury the County Provider
Trust Fund. Interest earned by the Fund shall be credited to the
Fund. The Fund shall not be used to replace any funds appropriated
to the Medicaid program by the General Assembly.
(b) The Fund is created solely for the purposes of receiving,
investing, and distributing monies in accordance with this Article
XV. The Fund shall consist of:
(1) All monies collected or received by the Illinois
Department under Section 15-3 of this Code;
(2) All federal financial participation monies received by
the Illinois Department pursuant to Title XIX of the Social
Security Act, 42 U.S.C. 1396(b), attributable to eligible
expenditures made by the Illinois Department pursuant to Section
15-5 of this Code;
(3) All federal moneys received by the Illinois Department
pursuant to Title XXI of the Social Security Act attributable to
eligible expenditures made by the Illinois Department pursuant to
Section 15-5 of this Code; and
(4) All other monies received by the Fund from any source,
including interest thereon.
(c) Disbursements from the Fund shall be by warrants drawn by
the State Comptroller upon receipt of vouchers duly executed and
certified by the Illinois Department and shall be made only:
(1) For hospital inpatient care, hospital outpatient care,
care provided by other outpatient facilities operated by a
county, and disproportionate share hospital payments made under
Title XIX of the Social Security Act and Article V of this Code
as required by Section 15-5 of this Code;
(1.5) For services provided by county providers pursuant to
Section 5-11 or 5-16.3 of this Code;
(2) For the reimbursement of administrative expenses
incurred by county providers on behalf of the Illinois Department
as permitted by Section 15-4 of this Code;
(3) For the reimbursement of monies received by the Fund
through error or mistake;
(4) For the payment of administrative expenses necessarily
6196 JOURNAL OF THE [May 27, 1999]
incurred by the Illinois Department or its agent in performing
the activities required by this Article XV; and
(5) For the payment of any amounts that are reimbursable to
the federal government, attributable solely to the Fund, and
required to be paid by State warrant; and
(6) For hospital inpatient care, hospital outpatient care,
care provided by other outpatient facilities operated by a
county, and disproportionate share hospital payments made under
Title XXI of the Social Security Act, pursuant to Section 15-5 of
this Code.
(Source: P.A. 90-618, eff. 7-10-98.)
(305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
Sec. 15-3. Intergovernmental Transfers.
(a) Each qualifying county shall make an annual
intergovernmental transfer to the Illinois Department in an amount
equal to 71.7% of the difference between the total payments made by
the Illinois Department to such county provider for hospital services
under Titles Title XIX and XXI of the Social Security Act or pursuant
to Section 5-11 or 5-16.3 of this Code in each fiscal year ending
June 30 (or fraction thereof during the fiscal year ending June 30,
1993) and $108,800,000 (or fraction thereof), except that the annual
intergovernmental transfer shall not exceed the total payments made
by the Illinois Department to such county provider for hospital
services under this Code or pursuant to Section 5-16.3 of this Code,
less the sum of (i) 50% of payments reimbursable under Title XIX of
the Social Security Act at a rate of 50% and (ii) 65% of payments
reimbursable under the Social Security Act at a rate of 65%, in each
fiscal year ending June 30 (or fraction thereof).
(b) The payment schedule for the intergovernmental transfer made
hereunder shall be established by intergovernmental agreement between
the Illinois Department and the applicable county, which agreement
shall at a minimum provide:
(1) For periodic payments no less frequently than monthly
to the county provider for inpatient and outpatient approved or
adjudicated claims and for disproportionate share payments under
Section 5-5.02 of this Code (in the initial year, for services
after July 1, 1991, or such other date as an approved State
Medical Assistance Plan shall provide) and to the county provider
pursuant to Section 5-16.3 of this Code.
(2) For periodic payments no less frequently than monthly
to the county provider for supplemental disproportionate share
payments hereunder based on a federally approved State Medical
Assistance Plan.
(3) For calculation of the intergovernmental transfer
payment to be made by the county equal to 71.7% of the difference
between the amount of the periodic payment and the base amount;
provided, however, that if the periodic payment for any period is
less than the base amount for such period, the base amount for
the succeeding period (and any successive period if necessary)
shall be increased by the amount of such shortfall.
(4) For an intergovernmental transfer methodology which
obligates the Illinois Department to notify the county and county
provider in writing of each impending periodic payment and the
intergovernmental transfer payment attributable thereto and which
obligates the Comptroller to release the periodic payment to the
county provider within one working day of receipt of the
intergovernmental transfer payment from the county.
(Source: P.A. 90-618, eff. 7-10-98.)
(305 ILCS 5/15-4) (from Ch. 23, par. 15-4)
Sec. 15-4. Contractual assumption of certain expenses. Hospitals
may, at their election, by written agreement between the counties
HOUSE OF REPRESENTATIVES 6197
owning and operating the hospitals and the Illinois Department,
assume specified expenses of the operation of the Illinois Department
associated with the determination of eligibility, direct payment of
which expenses by the Illinois Department would qualify as public
funds expended by the Illinois Department for the Illinois Medical
Assistance Program or other health care programs administered by the
Illinois Department. The Illinois Department shall open an
adequately staffed special on-site office or offices at facilities
designated by the county for the purpose of assisting the county in
ensuring that all eligible individuals are enrolled in the Illinois
Medical Assistance Program and, to the extent that enrollment into
the integrated health care program established under Section 5-16.3
of this Code is conducted at local public assistance offices in the
county, for the purpose of enrollment of persons into any managed
health care entity operated by the county. The enrollment process
shall meet the requirements of subsection (e) of Section 5-16.3.
Each such agreement, executed in accordance with Section 3 of the
Intergovernmental Cooperation Act, shall describe the operational
expenses to be assumed in sufficient detail to permit the Illinois
Department to certify upon such written obligation or performance
thereunder that the hospital's compliance with the terms of the
agreement will amount to the commitment of public funds eligible for
the federal financial participation or other federal funding called
for in Title XIX or Title XXI of the Social Security Act.
(Source: P.A. 87-13; 88-554, eff. 7-26-94.)
Section 30. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Sections 705 and 709 as follows:
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing agents.
(1) The provisions of this Section shall apply, except as
provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a county of
less than 3 million population in which an order or judgment for
child support is entered, and in supplementary proceedings in any
such county to enforce or vary the terms of such order or judgment
arising out of an action for dissolution of marriage filed in such
county, the court, except as it otherwise orders, under subsection
(4) of this Section, may direct that child support payments be made
to the clerk of the court.
(3) In a dissolution of marriage action filed in any county of 3
million or more population in which an order or judgment for child
support is entered, and in supplementary proceedings in any such
county to enforce or vary the terms of such order or judgment arising
out of an action for dissolution of marriage filed in such county,
the court, except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made either to the
clerk of the court or to the Court Service Division of the County
Department of Public Aid. After the effective date of this Act, the
court, except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made either to the
clerk of the court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments, or both,
to persons who are recipients of aid under the Illinois Public Aid
Code, the court shall direct that such payments be made to (a) the
Illinois Department of Public Aid if the persons are recipients under
Articles III, IV, or V of the Code, or (b) the local governmental
unit responsible for their support if they are recipients under
Articles VI or VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may continue to
collect current maintenance payments or child support payments, or
6198 JOURNAL OF THE [May 27, 1999]
both, after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department of Public Aid shall pay the net
amount collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the amount of any
recovery made. The order shall permit the Illinois Department of
Public Aid or the local governmental unit, as the case may be, to
direct that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their behalf, upon
removal of the former spouse or children from the public aid rolls or
upon termination of services under Article X of the Illinois Public
Aid Code; and upon such direction, the Illinois Department or local
governmental unit, as the case requires, shall give notice of such
action to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service Division of a
County Department of Public Aid and, after the effective date of this
Act, all clerks of the court and the Illinois Department of Public
Aid, receiving child support payments under subsections (2) and (3)
of this Section shall disburse the payments to the person or persons
entitled thereto under the terms of the order or judgment. They
shall establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required payments.
The court, by order or rule, shall make provision for the carrying
out of these duties.
in effect in accordance with the Income Withholding for Support
Upon notification in writing or by electronic transmission from
the Illinois Department of Public Aid to the clerk of the court that
a person who is receiving support payments under this Section is
receiving services under the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court shall be
transmitted in accordance with the instructions of the Illinois
Department of Public Aid until the Department gives notice to the
clerk of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois Department
of Public Aid shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a copy of
the Illinois Department of Public Aid's notification in the court
file. The failure of the clerk to file a copy of the notification in
the court file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of Public
Aid pursuant to the Child Support Enforcement Program established by
Title IV-D of the Social Security Act shall be paid into the Child
Support Enforcement Trust Fund. All other payments under this
Section to the Illinois Department of Human Services Public Aid shall
be deposited in the DHS Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in the Illinois
Public Aid Code. Payments received by a local governmental unit
shall be deposited in that unit's General Assistance Fund. Any order
of court directing payment of child support to a clerk of court or
the Court Service Division of a County Department of Public Aid,
which order has been entered on or after August 14, 1961, and prior
to the effective date of this Act, may be amended by the court in
line with this Act; and orders involving payments of maintenance or
child support to recipients of public aid may in like manner be
amended to conform to this Act.
(6) No filing fee or costs will be required in any action
brought at the request of the Illinois Department of Public Aid in
any proceeding under this Act. However, any such fees or costs may
be assessed by the court against the respondent in the court's order
HOUSE OF REPRESENTATIVES 6199
of support or any modification thereof in a proceeding under this
Act.
(7) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department
of Public Aid by order of court or upon notification by the Illinois
Department of Public Aid, the clerk shall transmit all such payments,
within 4 working days of receipt, to insure that funds are available
for immediate distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the Social
Security Act. The clerk shall notify the Department of the date of
receipt and amount thereof at the time of transmittal. Where the
clerk has entered into an agreement of cooperation with the
Department to record the terms of child support orders and payments
made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of 1,000,000 or
less, the court shall assess against the respondent in any order of
maintenance or child support any sum up to $36 annually authorized by
ordinance of the county board to be collected by the clerk of the
court as costs for administering the collection and disbursement of
maintenance and child support payments. Such sum shall be in
addition to and separate from amounts ordered to be paid as
maintenance or child support.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 9-14-98.)
(750 ILCS 5/709) (from Ch. 40, par. 709)
Sec. 709. Mandatory child support payments to clerk.
(a) As of January 1, 1982, child support orders entered in any
county covered by this subsection shall be made pursuant to the
provisions of Sections 709 through 712 of this Act. For purposes of
these Sections, the term "child support payment" or "payment" shall
include any payment ordered to be made solely for the purpose of the
support of a child or children or any payment ordered for general
support which includes any amount for support of any child or
children.
The provisions of Sections 709 through 712 shall be applicable to
any county with a population of 2 million or more and to any other
county which notifies the Supreme Court of its desire to be included
within the coverage of these Sections and is certified pursuant to
Supreme Court Rules.
The effective date of inclusion, however, shall be subject to
approval of the application for reimbursement of the costs of the
support program by the Department of Public Aid as provided in
Section 712.
(b) In any proceeding for a dissolution of marriage, legal
separation, or declaration of invalidity of marriage, or in any
supplementary proceedings in which a judgment or modification thereof
for the payment of child support is entered on or after January 1,
1982, in any county covered by Sections 709 through 712, and the
person entitled to payment is receiving a grant of financial aid
under Article IV of the Illinois Public Aid Code or has applied and
qualified for support services under Section 10-1 of that Code, the
court shall direct: (1) that such payments be made to the clerk of
the court and (2) that the parties affected shall each thereafter
notify the clerk of any change of address or change in other
conditions that may affect the administration of the order, including
the fact that a party who was previously not on public aid has become
a recipient of public aid, within 10 days of such change. All
6200 JOURNAL OF THE [May 27, 1999]
notices sent to the obligor's last known address on file with the
clerk shall be deemed sufficient to proceed with enforcement pursuant
to the provisions of Sections 709 through 712.
In all other cases, the court may direct that payments be made to
the clerk of the court.
(c) Except as provided in subsection (d) of this Section, the
clerk shall disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment.
(d) The court shall determine, prior to the entry of the support
order, if the party who is to receive the support is presently
receiving public aid or has a current application for public aid
pending and shall enter the finding on the record.
If the person entitled to payment is a recipient of aid under the
Illinois Public Aid Code, the clerk, upon being informed of this fact
by finding of the court, by notification by the party entitled to
payment, by the Illinois Department of Public Aid or by the local
governmental unit, shall make all payments to: (1) the Illinois
Department of Public Aid if the person is a recipient under Article
III, IV, or V of the Code or (2) the local governmental unit
responsible for his or her support if the person is a recipient under
Article VI or VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may continue to
collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department of Public Aid shall pay the net
amount collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the amount of any
recovery made. Upon termination of public aid payments to such a
recipient or termination of services under Article X of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in writing
or by electronic transmission that all subsequent payments are to be
sent directly to the person entitled thereto.
Upon notification in writing or by electronic transmission from
the Illinois Department of Public Aid to the clerk of the court that
a person who is receiving support payments under this Section is
receiving services under the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court shall be
transmitted in accordance with the instructions of the Illinois
Department of Public Aid until the Department gives notice to the
clerk of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois Department
of Public Aid shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a copy of
the Illinois Department of Public Aid's notification in the court
file. The failure of the clerk to file a copy of the notification in
the court file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of Public
Aid pursuant to the Child Support Enforcement Program established by
Title IV-D of the Social Security Act shall be paid into the Child
Support Enforcement Trust Fund. All other payments under this
Section to the Illinois Department of Human Services Public Aid shall
be deposited in the DHS Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in the Illinois
Public Aid Code. Payments received by a local governmental unit
shall be deposited in that unit's General Assistance Fund.
(e) Any order or judgment may be amended by the court, upon its
own motion or upon the motion of either party, to conform with the
HOUSE OF REPRESENTATIVES 6201
provisions of Sections 709 through 712, either as to the requirement
of making payments to the clerk or, where payments are already being
made to the clerk, as to the statutory fees provided for under
Section 711.
(f) The clerk may invest in any interest bearing account or in
any securities, monies collected for the benefit of a payee, where
such payee cannot be found; however, the investment may be only for
the period until the clerk is able to locate and present the payee
with such monies. The clerk may invest in any interest bearing
account, or in any securities, monies collected for the benefit of
any other payee; however, this does not alter the clerk's obligation
to make payments to the payee in a timely manner. Any interest or
capital gains accrued shall be for the benefit of the county and
shall be paid into the special fund established in subsection (b) of
Section 711.
(g) The clerk shall establish and maintain a payment record of
all monies received and disbursed and such record shall constitute
prima facie evidence of such payment and non-payment, as the case may
be.
(h) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department
of Public Aid by order of court or upon notification by the Illinois
Department of Public Aid, the clerk shall transmit all such payments,
within 4 working days of receipt, to insure that funds are available
for immediate distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the Social
Security Act. The clerk shall notify the Department of the date of
receipt and amount thereof at the time of transmittal. Where the
clerk has entered into an agreement of cooperation with the
Department to record the terms of child support orders and payments
made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
Section 35. The Non-Support of Spouse and Children Act is
amended by changing Section 2.1 as follows:
(750 ILCS 15/2.1) (from Ch. 40, par. 1105)
Sec. 2.1. Support payments; receiving and disbursing agents.
(1) In actions instituted under this Act on and after August 14,
1961, involving a minor child or children, the Court, except in
actions instituted on or after August 26, 1969, in which the support
payments are in behalf of a recipient of aid under the Illinois
Public Aid Code, shall direct that moneys ordered to be paid for
support under Sections 3 and 4 of this Act shall be paid to the clerk
of the court in counties of less than 3 million population, and in
counties of 3 million or more population, to the clerk or probation
officer of the court or to the Court Service Division of the County
Department of Public Aid. After the effective date of this
amendatory Act of 1975, the court shall direct that such support
moneys be paid to the clerk or probation officer or the Illinois
Department of Public Aid. However, the court in its discretion may
direct otherwise where exceptional circumstances so warrant. If
payment is to be made to persons other than the clerk or probation
officer, the Court Service Division of the County Department of
Public Aid, or the Illinois Department of Public Aid, the judgment or
order of support shall set forth the facts of the exceptional
circumstances.
(2) In actions instituted after August 26, 1969, where the
support payments are in behalf of spouses, children, or both, who are
6202 JOURNAL OF THE [May 27, 1999]
recipients of aid under the Illinois Public Aid Code, the court shall
order the payments to be made directly to (1) the Illinois Department
of Public Aid if the person is a recipient under Articles III, IV or
V of the Code, or (2) to the local governmental unit responsible for
the support of the person if he or she is a recipient under Articles
VI or VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may continue to
collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department of Public Aid shall pay the net
amount collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the amount of any
recovery made. The order shall permit the Illinois Department of
Public Aid or the local governmental unit, as the case may be, to
direct that support payments be made directly to the spouse,
children, or both, or to some person or agency in their behalf, upon
removal of the spouse or children from the public aid rolls or upon
termination of services under Article X of the Illinois Public Aid
Code; and upon such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of such
action to the court in writing or by electronic transmission.
(3) The clerks, probation officers, and the Court Service
Division of the County Department of Public Aid in counties of 3
million or more population, and, after the effective date of this
amendatory Act of 1975, the clerks, probation officers, and the
Illinois Department of Public Aid, shall disburse moneys paid to them
to the person or persons entitled thereto under the order of the
Court. They shall establish and maintain current records of all
moneys received and disbursed and of delinquencies and defaults in
required payments. The Court, by order or rule, shall make provision
for the carrying out of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic transmission from
the Illinois Department of Public Aid to the clerk of the court that
a person who is receiving support payments under this Section is
receiving services under the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court shall be
transmitted in accordance with the instructions of the Illinois
Department of Public Aid until the Department gives notice to cease
the transmittal. After providing the notification authorized under
this paragraph, the Illinois Department of Public Aid shall be
entitled as a party to notice of any further proceedings in the case.
The clerk of the court shall file a copy of the Illinois Department
of Public Aid's notification in the court file. The failure of the
clerk to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
(4) Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be paid
into the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department of Human Services
Public Aid shall be deposited in the DHS Public Assistance Recoveries
Trust Fund. Disbursements from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(5) Orders and assignments entered or executed prior to the Act
approved August 14, 1961 shall not be affected thereby. Employers
HOUSE OF REPRESENTATIVES 6203
served with wage assignments executed prior to that date shall comply
with the terms thereof. However, the Court, on petition of the
state's attorney, or of the Illinois Department of Public Aid or
local governmental unit in respect to recipients of public aid, may
order the execution of new assignments and enter new orders
designating the clerk, probation officer, or the Illinois Department
of Public Aid or appropriate local governmental unit in respect to
payments in behalf of recipients of public aid, as the person or
agency authorized to receive and disburse the salary or wages
assigned. On like petition the Court may enter new orders
designating such officers, agencies or governmental units to receive
and disburse the payments ordered under Section 4.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department
of Public Aid by order of court or upon notification by the Illinois
Department of Public Aid, the clerk shall transmit all such payments,
within 4 working days of receipt, to insure that funds are available
for immediate distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the Social
Security Act. The clerk shall notify the Department of the date of
receipt and amount thereof at the time of transmittal. Where the
clerk has entered into an agreement of cooperation with the
Department to record the terms of child support orders and payments
made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 9-14-98.)
Section 40. The Illinois Parentage Act of 1984 is amended by
changing Section 21 as follows:
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing agents.
(1) In an action filed in a county counties of less than 3
million population in which an order for child support is entered,
and in supplementary proceedings in such a county counties to enforce
or vary the terms of such order arising out of an action filed in
such a county counties, the court, except in actions or supplementary
proceedings in which the pregnancy and delivery expenses of the
mother or the child support payments are for a recipient of aid under
the Illinois Public Aid Code, shall direct that child support
payments be made to the clerk of the court unless in the discretion
of the court exceptional circumstances warrant otherwise. In cases
where payment is to be made to persons other than the clerk of the
court the judgment or order of support shall set forth the facts of
the exceptional circumstances.
(2) In an action filed in a county counties of 3 million or more
population in which an order for child support is entered, and in
supplementary proceedings in such a county counties to enforce or
vary the terms of such order arising out of an action filed date in
such a county counties, the court, except in actions or supplementary
proceedings in which the pregnancy and delivery expenses of the
mother or the child support payments are for a recipient of aid under
the Illinois Public Aid Code, shall direct that child support
payments be made either to the clerk of the court or to the Court
Service Division of the County Department of Public Aid, or to the
clerk of the court or to the Illinois Department of Public Aid,
unless in the discretion of the court exceptional circumstances
warrant otherwise. In cases where payment is to be made to persons
other than the clerk of the court, the Court Service Division of the
6204 JOURNAL OF THE [May 27, 1999]
County Department of Public Aid, or the Illinois Department of Public
Aid, the judgment or order of support shall set forth the facts of
the exceptional circumstances.
(3) Where the action or supplementary proceeding is in behalf of
a mother for pregnancy and delivery expenses or for child support, or
both, and the mother, child, or both, are recipients of aid under the
Illinois Public Aid Code, the court shall order that the payments be
made directly to (a) the Illinois Department of Public Aid if the
mother or child, or both, are recipients under Articles IV or V of
the Code, or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are recipients under
Articles VI or VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may continue to
collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department of Public Aid shall pay the net
amount collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the amount of any
recovery made. The Illinois Department of Public Aid or the local
governmental unit, as the case may be, may direct that payments be
made directly to the mother of the child, or to some other person or
agency in the child's behalf, upon the removal of the mother and
child from the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such direction,
the Illinois Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in writing or
by electronic transmission.
(4) All clerks of the court and the Court Service Division of a
County Department of Public Aid and the Illinois Department of Public
Aid, receiving child support payments under paragraphs (1) or (2)
shall disburse the same to the person or persons entitled thereto
under the terms of the order. They shall establish and maintain
clear and current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court, by order
or rule, shall make provision for the carrying out of these duties.
in accordance with the Income Withholding for Support
Upon notification in writing or by electronic transmission from
the Illinois Department of Public Aid to the clerk of the court that
a person who is receiving support payments under this Section is
receiving services under the Child Support Enforcement Program
established by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court shall be
transmitted in accordance with the instructions of the Illinois
Department of Public Aid until the Department gives notice to cease
the transmittal. After providing the notification authorized under
this paragraph, the Illinois Department of Public Aid shall be
entitled as a party to notice of any further proceedings in the case.
The clerk of the court shall file a copy of the Illinois Department
of Public Aid's notification in the court file. The failure of the
clerk to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of Public
Aid pursuant to the Child Support Enforcement Program established by
Title IV-D of the Social Security Act shall be paid into the Child
Support Enforcement Trust Fund. All other payments under this
Section to the Illinois Department of Human Services Public Aid shall
be deposited in the DHS Public Assistance Recoveries Trust Fund.
Disbursement from these funds shall be as provided in the Illinois
Public Aid Code. Payments received by a local governmental unit
HOUSE OF REPRESENTATIVES 6205
shall be deposited in that unit's General Assistance Fund.
(5) The moneys received by persons or agencies designated by the
court shall be disbursed by them in accordance with the order.
However, the court, on petition of the state's attorney, may enter
new orders designating the clerk of the court or the Illinois
Department of Public Aid, as the person or agency authorized to
receive and disburse child support payments and, in the case of
recipients of public aid, the court, on petition of the Attorney
General or State's Attorney, shall direct subsequent payments to be
paid to the Illinois Department of Public Aid or to the appropriate
local governmental unit, as provided in paragraph (3). Payments of
child support by principals or sureties on bonds, or proceeds of any
sale for the enforcement of a judgment shall be made to the clerk of
the court, the Illinois Department of Public Aid or the appropriate
local governmental unit, as the respective provisions of this Section
require.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department
of Public Aid by order of court or upon notification by the Illinois
Department of Public Aid, the clerk shall transmit all such payments,
within 4 working days of receipt, to insure that funds are available
for immediate distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the Social
Security Act. The clerk shall notify the Department of the date of
receipt and amount thereof at the time of transmittal. Where the
clerk has entered into an agreement of cooperation with the
Department to record the terms of child support orders and payments
made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 11-5-98.)
Section 99. Effective date. This Act takes effect July 1,
1999.".
Submitted on May 27, 1999
s/Sen. Steven Rauschenberger Rep. Gary Hannig
s/Sen. Dick Klemm Rep. Jeffrey Schoenberg
s/Sen. John Maitland Rep. Barbara Flynn Currie
Sen. Donne Trotter s/Rep. Art Tenhouse
s/Sen. Patrick Welch s/Rep. Tom Ryder
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:
HOUSE BILL NO. 2793
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
6206 JOURNAL OF THE [May 27, 1999]
ON HOUSE BILL 2793
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 2793, recommend the following:
(1) that the Senate recede from Senate Amendment No. 1; and
(2) that House Bill 2793 be amended by replacing the title with the
following:
"AN ACT in relation to the fiscal operation of State
government."; and
by replacing everything after the enacting clause with the following:
"Section 3. The Civil Administrative Code of Illinois is amended
by changing Sections 9, 9.02, 9.03, 9.05, 9.05a, 9.07, 9.08, 9.09,
9.10, 9.11, 9.11a, 9.12, 9.15, 9.16, 9.17, 9.18, 9.19, 9.21, 9.22,
9.24, 9.25, 9.30, and 9.31 as follows:
(20 ILCS 5/9) (from Ch. 127, par. 9)
Sec. 9. The executive and administrative officers, whose offices
are created by this Act, must have the qualifications prescribed by
law and shall receive annual salaries, payable in equal monthly
installments as designated in Sections 9.01 through 9.31 9.25. If set
by the Governor, those annual salaries may not exceed 85% of the
Governor's annual salary.
(Source: P.A. 81-1516.)
(20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
Sec. 9.02. In the Department of Agriculture. The Director of
Agriculture shall receive an annual salary as set by the Governor
from time to time $38,500 from the third Monday in January, 1979 to
the third Monday in January, 1980; $40,800 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $43,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The Assistant Director of Agriculture shall receive an annual
salary as set by the Governor from time to time $33,000 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$34,900 from the third Monday in January, 1980 to the third Monday in
January, 1981 and $37,000 thereafter or as set by the Compensation
Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
Sec. 9.03. In the Department of Labor. The Director of Labor
shall receive an annual salary as set by the Governor from time to
time $38,500 from the third Monday in January, 1979 to the third
Monday in January, 1980; $40,800 from the third Monday in January,
1980 to the third Monday in January, 1981, and $43,000 thereafter or
as set by the Compensation Review Board, whichever is greater;
The Assistant Director of Labor shall receive an annual salary as
set by the Governor from time to time $33,000 from the third Monday
in January, 1979 to the third Monday in January, 1980; $34,900 from
the third Monday in January, 1980 to the third Monday in January,
1981, and $37,000 thereafter or as set by the Compensation Review
Board, whichever is greater;
The chief factory inspector shall receive $24,700 from the third
Monday in January, 1979 to the third Monday in January, 1980, and
$25,000 thereafter, or as set by the Compensation Review Board,
whichever is greater;
The superintendent of safety inspection and education shall
receive $27,500, or as set by the Compensation Review Board,
whichever is greater;
The superintendent of women's and children's employment shall
receive $22,000 from the third Monday in January, 1979 to the third
HOUSE OF REPRESENTATIVES 6207
Monday in January, 1980, and $22,500 thereafter, or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177; 83-1503.)
(20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
Sec. 9.05. In the Department of Transportation. The Secretary of
Transportation shall receive an annual salary as set by the Governor
from time to time $48,400 from the third Monday in January, 1979 to
the third Monday in January, 1980; $51,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $52,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The assistant Secretary of Transportation shall receive an annual
salary as set by the Governor from time to time $38,500 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$40,800 from the third Monday in January, 1980 to the third Monday in
January, 1981, and $43,000 thereafter or as set by the Compensation
Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.05a)
Sec. 9.05a. In the Department of Human Services. The Secretary
of Human Services shall receive an annual salary as set by the
Governor from time to time equal to the salary payable to the
Director of Corrections under Section 9.11a of this Code, or such
other amount as may be set by the Compensation Review Board,
whichever is greater.
The Assistant Secretaries of Human Services shall each receive an
annual salary as set by the Governor from time to time equal to the
salary payable to an Assistant Director of Public Aid under Section
9.17 of this Code, or such other amount as may be set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
Sec. 9.07. In the Department of Public Health. The Director of
Public Health shall receive an annual salary as set by the Governor
from time to time $48,400 from the third Monday in January, 1979 to
the third Monday in January, 1980; $51,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $52,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The Assistant Director of Public Health shall receive an annual
salary as set by the Governor from time to time $35,200 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$37,300 from the third Monday in January, 1980 to the third Monday in
January, 1981; $39,500 from the third Monday in January, 1981 to the
third Monday in January, 1982, and $40,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
Sec. 9.08. In the Department of Professional Regulation. The
Director of Professional Regulation shall receive an annual salary as
set by the Governor from time to time $35,200 from the third Monday
in January, 1979 to the third Monday in January, 1980; $37,300 from
the third Monday in January, 1980 to the third Monday in January,
1981 and $44,000 thereafter or as set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 85-225.)
(20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
Sec. 9.09. In the Department of Natural Resources. The Director
of Natural Resources shall continue to receive the annual salary set
by law for the Director of Conservation until January 20, 1997.
Beginning on that date, the Director of Natural Resources shall
6208 JOURNAL OF THE [May 27, 1999]
receive an annual salary as set by the Governor from time to time of
$40,000 or the amount set by the Compensation Review Board, whichever
is greater.
The Assistant Director of Natural Resources shall continue to
receive the annual salary set by law for the Assistant Director of
Conservation until January 20, 1997. Beginning on that date, the
Assistant Director of Natural Resources shall receive an annual
salary as set by the Governor from time to time of $33,000 or the
amount set by the Compensation Review Board, whichever is greater.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
Sec. 9.10. In the Department of Insurance. The Director of
Insurance shall receive an annual salary as set by the Governor from
time to time $38,500 from the third Monday in January, 1979 to the
third Monday in January, 1980; $40,800 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $43,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The Assistant Director of Insurance shall receive an annual
salary as set by the Governor from time to time $30,800 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$32,600 from the third Monday in January, 1980 to the third Monday in
January, 1981; $34,600 from the third Monday in January, 1981 to the
third Monday in January, 1982, and $36,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
Sec. 9.11. In the Department of State Police. The Director of
State Police shall receive an annual salary as set by the Governor
from time to time $41,800 from the third Monday in January, 1979 to
the third Monday in January, 1980; $44,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $46,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The Assistant Director of State Police shall receive an annual
salary as set by the Governor from time to time $35,200 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$37,300 from the third Monday in January, 1980 to the third Monday in
January, 1981, and $39,000 thereafter or as set by the Compensation
Review Board, whichever is greater.
(Source: P.A. 84-25; 84-832.)
(20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
Sec. 9.11a. In the Department of Corrections. The Director of
Corrections shall receive an annual salary as set by the Governor
from time to time of $85,000 or as set by the Compensation Review
Board, whichever is greater.
The Assistant Director of Corrections - Juvenile Division - shall
receive an annual salary as set by the Governor from time to time
$35,200 from the third Monday in January, 1979 to the third Monday in
January, 1980; $37,300 from the third Monday in January, 1980 to the
third Monday in January, 1981, and $39,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
The Assistant Director of Corrections - Adult Division - shall
receive an annual salary as set by the Governor from time to time
$35,200 from the third Monday in January, 1979 to the third Monday in
January, 1980; $37,300 from the third Monday in January, 1980 to the
third Monday in January, 1981, and $39,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
Sec. 9.12. In the Department of Revenue. The Director of Revenue
HOUSE OF REPRESENTATIVES 6209
shall receive an annual salary as set by the Governor from time to
time $41,800 from the third Monday in January, 1979 to the third
Monday in January, 1980; $44,300 from the third Monday in January,
1980 to the third Monday in January, 1981, and $46,000 thereafter or
as set by the Compensation Review Board, whichever is greater;
The Assistant Director of Revenue shall receive an annual salary
as set by the Governor from time to time $35,200 from the third
Monday in January, 1979 to the third Monday in January, 1980; $37,300
from the third Monday in January, 1980 to the third Monday in
January, 1981, and $39,000 thereafter or as set by the Compensation
Review Board, whichever is greater.
Beginning July 1, 1990, the annual salary of the Taxpayer
Ombudsman shall be the greater of an amount set by the Compensation
Review Board or $69,000, adjusted each July 1 thereafter by a
percentage increase equivalent to that of the "Employment Cost Index,
Wages and Salaries, By Occupation and Industry Groups: State and
Local Government Workers: Public Administration" as published by the
Bureau of Labor Statistics of the U.S. Department of Labor for the
calendar year immediately preceding the year of the respective July
1st increase date, such increase to be no less than zero nor greater
than five percent and to be added to the then current annual salary.
(Source: P.A. 86-1338)
(20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
Sec. 9.15. In the Department of Financial Institutions. The
Director of Financial Institutions shall receive an annual salary as
set by the Governor from time to time $38,500 from the third Monday
in January, 1979 to the third Monday in January, 1980; $40,800 from
the third Monday in January, 1980 to the third Monday in January,
1981, and $43,000 thereafter or as set by the Compensation Review
Board, whichever is greater;
The Assistant Director of Financial Institutions shall receive an
annual salary as set by the Governor from time to time $33,000 from
the third Monday in January, 1979 to the third Monday in January,
1980; $34,900 from the third Monday in January, 1980 to the third
Monday in January 1981, and $37,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
Sec. 9.16. In the Department of Children and Family Services.
The Director of Children and Family Services shall receive an annual
salary as set by the Governor from time to time of $76,991 or as set
by the Compensation Review Board, whichever is greater.
(Source: P.A. 87-1216.)
(20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
Sec. 9.17. In the Department of Public Aid. The Director of
Public Aid shall receive an annual salary as set by the Governor from
time to time $48,400 from the third Monday in January, 1979 to the
third Monday in January, 1980; $51,300 from the third Monday in
January, 1980 to the third Monday in January, 1981, and $52,000
thereafter or as set by the Compensation Review Board, whichever is
greater;
The Assistant Director of Public Aid shall receive an annual
salary as set by the Governor from time to time $35,200 from the
third Monday in January, 1979 to the third Monday in January, 1980;
$37,300 from the third Monday in January, 1980 to the third Monday in
January, 1981; $39,500 from the third Monday in January, 1981 to the
third Monday in January, 1982, and $40,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
Sec. 9.18. In the Department of Commerce and Community Affairs.
6210 JOURNAL OF THE [May 27, 1999]
The Director of Commerce and Community Affairs shall receive an
annual salary as set by the Governor from time to time $41,800
annually from the date of his appointment to the third Monday in
January, 1980; $44,300 from the third Monday in January, 1980 to the
third Monday in January, 1981; and $46,000 thereafter or as set by
the Compensation Review Board, whichever is greater.
The Assistant Director of Commerce and Community Affairs shall
receive an annual salary as set by the Governor from time to time
$35,200 annually from the date of his appointment to the third Monday
in January, 1980; $37,300 from the third Monday in January, 1980 to
the third Monday in January, 1981, and $39,000 thereafter or as set
by the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
Sec. 9.19. In the Department of Central Management Services.
The Director of Central Management Services shall receive an
annual salary as set by the Governor from time to time $52,000
annually, or an amount set by the Compensation Review Board,
whichever is greater;
Each Assistant Director of Central Management Services shall
receive an annual salary as set by the Governor from time to time
$40,000 annually, or an amount set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
Sec. 9.21. In the Department of Aging. The Director of Aging
shall receive an annual salary as set by the Governor from time to
time $35,200 from the third Monday in January, 1979 to the third
Monday in January, 1980; $37,300 from the third Monday in January,
1980 to the third Monday in January, 1981; $39,500 from the third
Monday in January, 1981 to the third Monday in January, 1982, and
$40,000 thereafter or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
Sec. 9.22. The Director of Veterans' Affairs shall receive an
annual salary as set by the Governor from time to time $38,500 from
the third Monday in January, 1979 to the third Monday in January,
1980; $40,800 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $43,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
The Assistant Director of Veterans' Affairs shall receive an
annual salary as set by the Governor from time to time $33,000 from
the third Monday in January, 1979 to the third Monday in January,
1980; $34,900 from the third Monday in January, 1980 to the third
Monday in January, 1981, and $37,000 thereafter or as set by the
Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
Sec. 9.24. The Director of Human Rights shall receive an annual
salary as set by the Governor from time to time $44,000 or as set by
the Compensation Review Board, whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
Sec. 9.25. In the Department of Nuclear Safety. The Director of
Nuclear Safety shall receive an annual salary as set by the Governor
from time to time $45,000 or as set by the Compensation Review Board,
whichever is greater.
(Source: P.A. 83-1177.)
(20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
Sec. 9.30. In the Department of Employment Security. The
HOUSE OF REPRESENTATIVES 6211
Director of Employment Security shall receive an annual salary as set
by the Governor from time to time of $53,500, or an amount set by the
Compensation Review Board, whichever is greater.
Each member of the board of review shall receive $15,000.
(Source: P.A. 84-26.)
(20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
Sec. 9.31. In the Department of the Lottery. The Director of the
Lottery shall receive an annual salary as set by the Governor from
time to time of $39,000, or an amount set by the Compensation Review
Board, whichever is greater.
(Source: P.A. 84-1438.)
Section 4. The Alcoholism and Other Drug Abuse and Dependency
Act is amended by changing Section 50-25 as follows:
(20 ILCS 301/50-25)
Sec. 50-25. Youth Alcoholism and Substance Abuse Prevention
Fund. There is hereby created in the State treasury a special Fund
to be known as the Youth Alcoholism and Substance Abuse Prevention
Fund. There shall be deposited into this Fund such monies as may be
received from the $50 increase in the alcoholic beverage retailer's
license fee imposed by P.A. 86-983. Monies in this Fund shall be
appropriated to the Department and expended for the purpose of
helping support and establish community based alcohol and other drug
abuse prevention programs.
(Source: P.A. 88-80.)
Section 5. The Civil Administrative Code of Illinois is amended
by adding Sections 46.34a and 46.34b as follows:
(20 ILCS 605/46.34a new)
Sec. 46.34a. To assume from the Office of the Lieutenant
Governor on July 1, 1999, all personnel, books, records, papers,
documents, property both real and personal, and pending business in
any way pertaining to the Illinois Main Street Program. All
personnel transferred pursuant to this Section shall receive
certified status under the Personnel Code.
(20 ILCS 605/46.34b new)
Sec. 46.34b. To assume from the Executive Office of the
Governor, Bureau of the Budget, on July 1, 1999, all personnel,
books, records, papers, documents, property both real and personal,
and pending business in any way pertaining to the State Data Center,
established pursuant to a Memorandum of Understanding entered into
with the Census Bureau pursuant to 15 U.S.C. Section 1525. All
personnel transferred pursuant to this Section shall receive
certified status under the Personnel Code.
Section 6. The Military Code of Illinois is amended by changing
Section 17 as follows:
(20 ILCS 1805/17) (from Ch. 129, par. 220.17)
Sec. 17. The Adjutant General and the Assistant Adjutants
General shall give their entire time to their military duties. The
Adjutant General shall receive an annual salary as set by the
Governor from time to time of $70,197, or as set by the Compensation
Review Board, whichever is greater, and each Assistant Adjutant
General shall receive an annual salary as set by the Governor from
time to time of $62,235, or as set by the Compensation Review Board,
whichever is greater. If set by the Governor, those annual salaries
may not exceed 85% of the Governor's annual salary.
(Source: P.A. 89-703, eff. 1-17-97.)
Section 7. The Office of Banks and Real Estate Act is amended by
changing Section 1 as follows:
(20 ILCS 3205/1) (from Ch. 17, par. 451)
Sec. 1. Salary.
(a) The Commissioner of Banks and Trust Companies shall receive
an annual salary as set by the Governor from time to time of $42,500
6212 JOURNAL OF THE [May 27, 1999]
or as set by the Compensation Review Board, whichever is greater,
payable in equal monthly installments. The First Deputy Commissioner
shall receive an annual salary as set by the Governor from time to
time of $40,000, or as set by the Compensation Review Board,
whichever is greater, the other deputy commissioners shall receive an
annual salary of $38,000, or as set by the Compensation Review Board,
whichever is greater, each payable in equal monthly installments. If
set by the Governor, those annual salaries may not exceed 85% of the
Governor's annual salary.
(b) The Commissioner of the Office of Banks and Real Estate
shall receive the annual salary provided by law for the Commissioner
of Banks and Trust Companies until the General Assembly or the
Compensation Review Board establishes a salary for the Commissioner
of the Office of Banks and Real Estate. The First Deputy
Commissioner and Deputy Commissioners of the Office of Banks and Real
Estate shall receive the annual salaries provided by law for the
First Deputy Commissioner and Deputy Commissioners of Banks and Trust
Companies, respectively, until the General Assembly or the
Compensation Review Board establishes salaries for the First Deputy
Commissioner and Deputy Commissioners of the Office of Banks and Real
Estate.
(Source: P.A. 89-508, eff. 7-3-96.)
Section 8. The Illinois Emergency Management Agency Act is
amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the State
Government an Illinois Emergency Management Agency and a Director of
the Illinois Emergency Management Agency, herein called the
"Director" who shall be the head thereof. The Director shall be
appointed by the Governor, with the advice and consent of the Senate,
and shall serve for a term of 2 years beginning on the third Monday
in January of the odd-numbered year, and until his successor is
appointed and has qualified; except that the term of the first
Director appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other remunerative
public office. The Director shall receive an annual salary as set by
the Governor from time to time of $70,197 or the amount set by the
Compensation Review Board, whichever is higher. If set by the
Governor, the Director's annual salary may not exceed 85% of the
Governor's annual salary.
(b) The Illinois Emergency Management Agency shall obtain, under
the provisions of the Personnel Code, technical, clerical,
stenographic and other administrative personnel, and may make
expenditures within the appropriation therefor as may be necessary to
carry out the purpose of this Act. The agency created by this Act is
intended to be a successor to the agency created under the Illinois
Emergency Services and Disaster Agency Act of 1975 and the personnel,
equipment, records, and appropriations of that agency are transferred
to the successor agency as of the effective date of this Act.
(c) The Director, subject to the direction and control of the
Governor, shall be the executive head of the Illinois Emergency
Management Agency and the State Emergency Response Commission and
shall be responsible under the direction of the Governor, for
carrying out the program for emergency management of this State. He
shall also maintain liaison and cooperate with the emergency
management organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under paragraph (f)
HOUSE OF REPRESENTATIVES 6213
of Section 10. To this end it shall employ or otherwise secure the
services of professional and technical personnel capable of providing
expert assistance to the emergency services and disaster agencies.
These personnel shall consult with emergency services and disaster
agencies on a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply, and may
recommend revisions under State rules.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency management
advisory committee composed of private and public personnel
representing the emergency management phases of mitigation,
preparedness, response, and recovery.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management program of
the State.
(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing emergency
management programs for mitigation, preparedness, response, and
recovery.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans, in accordance with
federal guidelines.
(5) Review political subdivision emergency operations plans
and recommend revisions under State rules.
(6) Determine requirements of the State and its political
subdivisions for food, clothing, and other necessities in event
of a disaster.
(7) Establish a register of persons with types of emergency
management training and skills in mitigation, preparedness,
response, and recovery.
(8) Establish a register of government and private response
resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its efforts
to distribute earthquake preparedness materials to schools,
political subdivisions, community groups, civic organizations,
and the media. Emphasis will be placed on those areas of the
State most at risk from an earthquake. Maintain the list of all
school districts, hospitals, airports, power plants, including
nuclear power plants, lakes, dams, emergency response facilities
of all types, and all other major public or private structures
which are at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm to the
surrounding communities and residents.
(10) Disseminate all information, completely and without
delay, on water levels for rivers and streams and any other data
pertaining to potential flooding supplied by the Division of
Water Resources within the Department of Natural Resources to all
political subdivisions to the maximum extent possible.
(11) Develop agreements with medical supply and equipment
firms to supply resources as are necessary to respond to an
earthquake or any other disaster as defined in this Act. These
resources will be made available upon notifying the vendor of the
disaster. Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public Health
shall determine which resources will be required and requested.
(12) Do all other things necessary, incidental or
6214 JOURNAL OF THE [May 27, 1999]
appropriate for the implementation of this Act.
(Source: P.A. 89-445, eff. 2-7-96; 89-703, eff. 1-17-97.)
Section 9. The Environmental Protection Act is amended by
changing Section 4 as follows:
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment; duties.
(a) There is established in the Executive Branch of the State
Government an agency to be known as the Environmental Protection
Agency. This Agency shall be under the supervision and direction of a
Director who shall be appointed by the Governor with the advice and
consent of the Senate. The term of office of the Director shall
expire on the third Monday of January in odd numbered years provided
that he shall hold his office until his successor is appointed and
qualified. The Director shall receive an annual salary as set by the
Governor from time to time of $38,500 from the third Monday in
January, 1979 to the third Monday in January, 1980; $40,800 from the
third Monday in January, 1980 to the third Monday in January, 1981,
and $43,000 thereafter, or as set by the Compensation Review Board,
whichever is greater. If set by the Governor, the Director's annual
salary may not exceed 85% of the Governor's annual salary. The
Director, in accord with the Personnel Code, shall employ and direct
such personnel, and shall provide for such laboratory and other
facilities, as may be necessary to carry out the purposes of this
Act. In addition, the Director may by agreement secure such services
as he may deem necessary from any other department, agency, or unit
of the State Government, and may employ and compensate such
consultants and technical assistants as may be required.
(b) The Agency shall have the duty to collect and disseminate
such information, acquire such technical data, and conduct such
experiments as may be required to carry out the purposes of this Act,
including ascertainment of the quantity and nature of discharges from
any contaminant source and data on those sources, and to operate and
arrange for the operation of devices for the monitoring of
environmental quality.
(c) The Agency shall have authority to conduct a program of
continuing surveillance and of regular or periodic inspection of
actual or potential contaminant or noise sources, of public water
supplies, and of refuse disposal sites.
(d) In accordance with constitutional limitations, the Agency
shall have authority to enter at all reasonable times upon any
private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of the Act or of regulations thereunder, or of permits or
terms or conditions thereof; or
(2) In accordance with the provisions of this Act, taking
whatever preventive or corrective action, including but not limited
to removal or remedial action, that is necessary or appropriate
whenever there is a release or a substantial threat of a release of
(A) a hazardous substance or pesticide or (B) petroleum from an
underground storage tank.
(e) The Agency shall have the duty to investigate violations of
this Act or of regulations adopted thereunder, or of permits or terms
or conditions thereof, to issue administrative citations as provided
in Section 31.1 of this Act, and to take such summary enforcement
action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing upon
a petition for variance, the denial of a permit, or the validity or
effect of a rule or regulation of the Board, and shall have the
authority to appear before the Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in accord with
Title X of this Act, such permit and certification systems as may be
HOUSE OF REPRESENTATIVES 6215
established by this Act or by regulations adopted thereunder. The
Agency may enter into written delegation agreements with any
department, agency, or unit of State or local government under which
all or portions of this duty may be delegated for public water supply
storage and transport systems, sewage collection and transport
systems, air pollution control sources with uncontrolled emissions of
100 tons per year or less and application of algicides to waters of
the State. Such delegation agreements will require that the work to
be performed thereunder will be in accordance with Agency criteria,
subject to Agency review, and shall include such financial and
program auditing by the Agency as may be required.
(h) The Agency shall have authority to require the submission of
complete plans and specifications from any applicant for a permit
required by this Act or by regulations thereunder, and to require the
submission of such reports regarding actual or potential violations
of the Act or of regulations thereunder, or of permits or terms or
conditions thereof, as may be necessary for purposes of this Act.
(i) The Agency shall have authority to make recommendations to
the Board for the adoption of regulations under Title VII of the Act.
(j) The Agency shall have the duty to represent the State of
Illinois in any and all matters pertaining to plans, procedures, or
negotiations for interstate compacts or other governmental
arrangements relating to environmental protection.
(k) The Agency shall have the authority to accept, receive, and
administer on behalf of the State any grants, gifts, loans, indirect
cost reimbursements, or other funds made available to the State from
any source for purposes of this Act or for air or water pollution
control, public water supply, solid waste disposal, noise abatement,
or other environmental protection activities, surveys, or programs.
Any federal funds received by the Agency pursuant to this subsection
shall be deposited in a trust fund with the State Treasurer and held
and disbursed by him in accordance with Treasurer as Custodian of
Funds Act, provided that such monies shall be used only for the
purposes for which they are contributed and any balance remaining
shall be returned to the contributor.
The Agency is authorized to promulgate such regulations and enter
into such contracts as it may deem necessary for carrying out the
provisions of this subsection.
(l) The Agency is hereby designated as water pollution agency
for the state for all purposes of the Federal Water Pollution Control
Act, as amended; as implementing agency for the State for all
purposes of the Safe Drinking Water Act, Public Law 93-523, as now or
hereafter amended, except Section 1425 of that Act; as air pollution
agency for the state for all purposes of the Clean Air Act of 1970,
Public Law 91-604, approved December 31, 1970, as amended; and as
solid waste agency for the state for all purposes of the Solid Waste
Disposal Act, Public Law 89-272, approved October 20, 1965, and
amended by the Resource Recovery Act of 1970, Public Law 91-512,
approved October 26, 1970, as amended, and amended by the Resource
Conservation and Recovery Act of 1976, (P.L. 94-580) approved October
21, 1976, as amended; as noise control agency for the state for all
purposes of the Noise Control Act of 1972, Public Law 92-574,
approved October 27, 1972, as amended; and as implementing agency for
the State for all purposes of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended; and otherwise as pollution control agency for the State
pursuant to federal laws integrated with the foregoing laws, for
financing purposes or otherwise. The Agency is hereby authorized to
take all action necessary or appropriate to secure to the State the
benefits of such federal Acts, provided that the Agency shall
transmit to the United States without change any standards adopted by
6216 JOURNAL OF THE [May 27, 1999]
the Pollution Control Board pursuant to Section 5(c) of this Act.
This subsection (l) of Section 4 shall not be construed to bar or
prohibit the Environmental Protection Trust Fund Commission from
accepting, receiving, and administering on behalf of the State any
grants, gifts, loans or other funds for which the Commission is
eligible pursuant to the Environmental Protection Trust Fund Act. The
Agency is hereby designated as the State agency for all purposes of
administering the requirements of Section 313 of the federal
Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency, which
makes application for loans or grants under such federal Acts shall
notify the Agency of such application; the Agency may participate in
proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with Section
5(c) and other provisions of this Act, and for purposes of Section
303(e) of the Federal Water Pollution Control Act, as now or
hereafter amended, to engage in planning processes and activities and
to develop plans in cooperation with units of local government, state
agencies and officers, and other appropriate persons in connection
with the jurisdiction or duties of each such unit, agency, officer or
person. Public hearings shall be held on the planning process, at
which any person shall be permitted to appear and be heard, pursuant
to procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall
have authority to establish and enforce minimum standards for the
operation of laboratories relating to analyses and laboratory tests
for air pollution, water pollution, noise emissions, contaminant
discharges onto land and sanitary, chemical, and mineral quality of
water distributed by a public water supply. The Agency may enter
into formal working agreements with other departments or agencies of
state government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue certificates of
competency to persons and laboratories meeting the minimum standards
established by the Agency in accordance with Section 4(n) of this Act
and to promulgate and enforce regulations relevant to the issuance
and use of such certificates. The Agency may enter into formal
working agreements with other departments or agencies of state
government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall have
the duty to analyze samples as required from each public water supply
to determine compliance with the contaminant levels specified by the
Pollution Control Board. The maximum number of samples which the
Agency shall be required to analyze for microbiological quality shall
be 6 per month, but the Agency may, at its option, analyze a larger
number each month for any supply. Results of sample analyses for
additional required bacteriological testing, turbidity, residual
chlorine and radionuclides are to be provided to the Agency in
accordance with Section 19. Owners of water supplies may enter into
agreements with the Agency to provide for reduced Agency
participation in sample analyses.
(q) The Agency shall have the authority to provide notice to any
person who may be liable pursuant to Section 22.2(f) of this Act for
a release or a substantial threat of a release of a hazardous
substance or pesticide. Such notice shall include the identified
response action and an opportunity for such person to perform the
response action.
(r) The Agency may enter into written delegation agreements with
HOUSE OF REPRESENTATIVES 6217
any unit of local government under which it may delegate all or
portions of its inspecting, investigating and enforcement functions.
Such delegation agreements shall require that work performed
thereunder be in accordance with Agency criteria and subject to
Agency review. Notwithstanding any other provision of law to the
contrary, no unit of local government shall be liable for any injury
resulting from the exercise of its authority pursuant to such a
delegation agreement unless the injury is proximately caused by the
willful and wanton negligence of an agent or employee of the unit of
local government, and any policy of insurance coverage issued to a
unit of local government may provide for the denial of liability and
the nonpayment of claims based upon injuries for which the unit of
local government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever preventive
or corrective action is necessary or appropriate, including but not
limited to expenditure of monies appropriated from the Build Illinois
Bond Fund and the Build Illinois Purposes Fund for removal or
remedial action, whenever any hazardous substance or pesticide is
released or there is a substantial threat of such a release into the
environment. The State, the Director, and any State employee shall
be indemnified for any damages or injury arising out of or resulting
from any action taken under this subsection. The Director of the
Agency is authorized to enter into such contracts and agreements as
are necessary to carry out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, for financing and
construction of municipal wastewater facilities. With respect to all
monies appropriated from the Build Illinois Bond Fund and the Build
Illinois Purposes Fund for wastewater facility grants, the Agency
shall make distributions in conformity with the rules and regulations
established pursuant to the Anti-Pollution Bond Act, as now or
hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act, the
Agency shall have the authority to adopt such rules as are necessary
or appropriate for the Agency to implement Section 31.1 of this Act.
(v) (Blank)
(w) Neither the State, nor the Director, nor the Board, nor any
State employee shall be liable for any damages or injury arising out
of or resulting from any action taken under subsection (s) or
subsection (v).
(x)(1) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of local
government for financing and construction of public water supply
facilities. With respect to all monies appropriated from the Build
Illinois Bond Fund or the Build Illinois Purposes Fund for public
water supply grants, such grants shall be made in accordance with
rules promulgated by the Agency. Such rules shall include a
requirement for a local match of 30% of the total project cost for
projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of local
government for the financing and construction of public water supply
facilities unless and until the Agency adopts rules that set forth
precise and complete standards, pursuant to Section 5-20 of the
Illinois Administrative Procedure Act, for the termination of such
grants. The Agency shall not make determinations on whether specific
grant conditions are necessary to ensure the integrity of a project
or on whether subagreements shall be awarded, with respect to grants
for the financing and construction of public water supply facilities,
unless and until the Agency adopts rules that set forth precise and
complete standards, pursuant to Section 5-20 of the Illinois
Administrative Procedure Act, for making such determinations. The
6218 JOURNAL OF THE [May 27, 1999]
Agency shall not issue a stop-work order in relation to such grants
unless and until the Agency adopts precise and complete standards,
pursuant to Section 5-20 of the Illinois Administrative Procedure
Act, for determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any person from
further responsibility for preventive or corrective action under this
Act following successful completion of preventive or corrective
action undertaken by such person upon written request by the person.
(Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.)
Section 10. The State Finance Act is amended by adding Section
8g and changing Sections 8.20 and 8.25e as follows:
(30 ILCS 105/8.20) (from Ch. 127, par. 144.20)
Sec. 8.20. Appropriations for the ordinary and contingent
expenses of the Illinois Liquor Control Commission shall be paid from
the Dram Shop Fund. On August 30 of each fiscal year's license
period, an amount of money equal to the number of retail liquor
licenses issued for that fiscal year multiplied by $50 shall be
transferred from the Dram Shop Fund and shall be deposited in the
Youth Alcoholism and Substance Abuse Prevention Fund. Beginning June
30, 1990 and on June 30 of each subsequent year, any balance over
$5,000,000 remaining in the Dram Shop Fund shall be credited to State
liquor licensees and applied against their fees for State liquor
licenses for the following year. The amount credited to each
licensee shall be a proportion of the balance in the Dram Shop Fund
that is the same as the proportion of the license fee paid by the
licensee under Section 5-3 of The Liquor Control Act of 1934, as now
or hereafter amended, for the period in which the balance was
accumulated to the aggregate fees paid by all licensees during that
period.
In addition to any other permitted use of moneys in the Fund, and
notwithstanding any restriction on the use of the Fund, moneys in the
Dram Shop Fund may be transferred to the General Revenue Fund as
authorized by Public Act 87-14. The General Assembly finds that an
excess of moneys existed in the Fund on July 30, 1991, and the
Governor's order of July 30, 1991, requesting the Comptroller and
Treasurer to transfer an amount from the Fund to the General Revenue
Fund is hereby validated.
(Source: P.A. 90-372, eff. 7-1-98.)
(30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
Sec. 8.25e. (a) The State Comptroller and the State Treasurer
shall automatically transfer on the first day of each month,
beginning on February 1, 1988, from the General Revenue Fund to each
of the funds then supplemented by the pari-mutuel tax, pursuant to
Section 28 of the Illinois Horse Racing Act of 1975, an amount equal
to (i) the amount of pari-mutuel tax deposited into such fund during
the month in fiscal year 1986 which corresponds to the month
preceding such transfer, minus (ii) the amount of pari-mutuel tax (or
the replacement transfer authorized by Section 8g(d) of this Act and
Section 28.1(d) of the Horse Racing Act of 1975) deposited into such
fund during the month preceding such transfer; provided, however,
that no transfer shall be made to a fund if such amount for that fund
is equal to or less than zero and provided that no transfer shall be
made to a fund in any fiscal year after the amount deposited into
such fund exceeds the amount of pari-mutuel tax deposited into such
fund during fiscal year 1986.
(b) The State Comptroller and the State Treasurer shall
automatically transfer on the last day of each month, beginning on
October 1, 1989, from the General Revenue Fund to the Metropolitan
Exposition Auditorium and Office Building Fund, the amount of
$2,750,000 plus any cumulative deficiencies in such transfers for
prior months, until the sum of $16,500,000 has been transferred for
HOUSE OF REPRESENTATIVES 6219
the fiscal year beginning July 1, 1989 and until the sum of
$22,000,000 has been transferred for each fiscal year thereafter.
(c) After the transfer of funds from the Metropolitan Exposition
Auditorium and Office Building Fund to the Bond Retirement Fund
pursuant to Section 15(b) of the Metropolitan Civic Center Support
Act, the State Comptroller and the State Treasurer shall
automatically transfer on the last day of each month, beginning on
October 1, 1989, from the Metropolitan Exposition Auditorium and
Office Building Fund to the Park and Conservation Fund the amount of
$1,250,000 plus any cumulative deficiencies in such transfers for
prior months, until the sum of $7,500,000 has been transferred for
the fiscal year beginning July 1, 1989 and until the sum of
$10,000,000 has been transferred for each fiscal year thereafter.
(Source: P.A. 86-44.)
(30 ILCS 105/8g new)
Sec. 8g. Transfers from General Revenue Fund.
(a) In addition to any other transfers that may be provided for
by law, as soon as may be practical after the effective date of this
amendatory Act of the 91st General Assembly, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$10,000,000 from the General Revenue Fund to the Motor Vehicle
License Plate Fund created by Senate Bill 1028 of the 91st General
Assembly.
(b) In addition to any other transfers that may be provided for
by law, as soon as may be practical after the effective date of this
amendatory Act of the 91st General Assembly, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$25,000,000 from the General Revenue Fund to the Fund for Illinois'
Future created by Senate Bill 1066 of the 91st General Assembly.
(c) In addition to any other transfers that may be provided for
by law, on August 30 of each fiscal year's license period, the
Illinois Liquor Control Commission shall direct and the State
Comptroller and State Treasurer shall transfer from the General
Revenue Fund to the Youth Alcoholism and Substance Abuse Prevention
Fund an amount equal to the number of retail liquor licenses issued
for that fiscal year multiplied by $50.
(d) The payments to programs required under subsection (d) of
Section 28.1 of the Horse Racing Act of 1975 shall be made, pursuant
to appropriation, from the special funds referred to in the statutes
cited in that subsection, rather than directly from the General
Revenue Fund.
Beginning January 1, 2000, on the first day of each month, or as
soon as may be practical thereafter, the State Comptroller shall
direct and the State Treasurer shall transfer from the General
Revenue Fund to each of the special funds from which payments are to
be made under Section 28.1(d) of the Horse Racing Act of 1975 an
amount equal to 1/12 of the annual amount required for those payments
from that special fund, which annual amount shall not exceed the
annual amount for those payments from that special fund for the
calendar year 1998. The special funds to which transfers shall be
made under this subsection (d) include, but are not necessarily
limited to, the Agricultural Premium Fund; the Metropolitan
Exposition Auditorium and Office Building Fund; the Fair and
Exposition Fund; the Standardbred Breeders Fund; the Thoroughbred
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
Section 15. The Public Radio and Television Grant Act is amended
by changing Sections 2 and 7 as follows:
(30 ILCS 745/2) (from Ch. 127, par. 1552)
Sec. 2. Certification process. Each eligible station shall
certify to the Illinois Arts Council State Comptroller, in such form
and at such time as the Council State Comptroller shall require, its
6220 JOURNAL OF THE [May 27, 1999]
actual operating cost for the prior fiscal year. Upon acceptance by
the Illinois Arts Council State Comptroller, such certification shall
constitute the basis for grants provided under this Act.
(Source: P.A. 84-1040.)
(30 ILCS 745/7) (from Ch. 127, par. 1557)
Sec. 7. Required Assurances. Each eligible station and its
station licensee shall certify to the Illinois Arts Council State
Comptroller when applying for grant funds under this Act that any
funds received pursuant to the provisions of this Act shall not
supplant or cause to be reduced any other sources of funding for such
stations, and will be used solely for the benefit of a public
broadcasting station and not for general institutional overhead or
parent organization expenses.
(Source: P.A. 84-1040.)
Section 20. The Liquor Control Act of 1934 is amended by
changing Section 5-3 as follows:
(235 ILCS 5/5-3) (from Ch. 43, par. 118)
Sec. 5-3. License fees. Except as otherwise provided herein, at
the time application is made to the State Commission for a license of
any class, the applicant shall pay to the State Commission the fee
hereinafter provided for the kind of license applied for.
The fee for licenses issued by the State Commission shall be as
follows:
For a manufacturer's license:
Class 1. Distiller ........................... $3,600
Class 2. Rectifier ........................... 3,600
Class 3. Brewer .............................. 900
Class 4. First-class Wine Manufacturer ....... 600
Class 5. Second-class Second
Class Wine Manufacturer ................. 1,200
Class 6. First-class wine-maker .............. 240
Class 7. Second-class wine-maker ............. 480
Class 8. Limited Wine Manufacturer........... 120
For a Brew Pub License ....................... 1,050
For a caterer retailer's license.............. 200
For a foreign importer's license ............. 25
For an importing distributor's license ....... 25
For a distributor's license .................. 270
For a non-resident dealer's license
(500,000 gallons or over) ............... 270
For a non-resident dealer's license
(under 500,000 gallons) ................. 90
For a wine-maker's retail license ............ 100
For a wine-maker's retail license,
second location ......................... 350
For a retailer's license ..................... 175
For a special event retailer's license,
(not-for-profit) ........................ 25
For a special use permit license,
one day only ............................ 50
2 days or more .......................... 100
For a railroad license ....................... 60
For a boat license ........................... 180
For an airplane license, 60 times the
licensee's maximum number of aircraft
in flight, serving liquor over the
State at any given time, which either
originate, terminate, or make
originates, terminates or makes
an intermediate stop in the State ....... 60
For a non-beverage user's license:
HOUSE OF REPRESENTATIVES 6221
Class 1 ................................. 24
Class 2 ................................. 60
Class 3 ................................. 120
Class 4 ................................. 240
Class 5 ................................. 600
For a broker's license ....................... 600
For an auction liquor license ................ 50
Fees collected under this Section shall be paid into the Dram
Shop Fund. Beginning June 30, 1990 and on June 30 of each subsequent
year, any balance over $5,000,000 remaining in the Dram Shop Fund
shall be credited to State liquor licensees and applied against their
fees for State liquor licenses for the following year. The amount
credited to each licensee shall be a proportion of the balance in
the Dram Fund that is the same as the proportion of the license fee
paid by the licensee under this Section for the period in which the
balance was accumulated to the aggregate fees paid by all licensees
during that period.
No fee shall be paid for licenses issued by the State Commission
to the following non-beverage users:
(a) Hospitals, sanitariums, or clinics when their use of
alcoholic liquor is exclusively medicinal, mechanical or
scientific.
(b) Universities, colleges of learning or schools when
their use of alcoholic liquor is exclusively medicinal,
mechanical or scientific.
(c) Laboratories when their use is exclusively for the
purpose of scientific research.
The funds received from the $50 increase in the retailer's
license fee imposed by P.A. 86-983 shall be deposited in the Youth
Alcoholism and Substance Abuse Prevention Fund.
(Source: P.A. 89-250, eff. 1-1-96; 90-77, eff. 7-8-97; revised
10-31-98.)
Section 25. The Illinois Vehicle Code is amended by changing
Section 3-623 as follows:
(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
Sec. 3-623. Purple Heart Plates. The Secretary, upon receipt of
an application made in the form prescribed by the Secretary of State,
may issue to recipients awarded the Purple Heart by a branch of the
armed forces of the United States who reside in Illinois, special
registration plates. The special plates issued pursuant to this
Section should be affixed only to passenger vehicles of the 1st
division or motor vehicles of the 2nd division weighing not more than
8,000 pounds.
The design and color of such plates shall be wholly within the
discretion of the Secretary of State. Appropriate documentation, as
determined by the Secretary, and the standard registration fee shall
accompany the application. However, for an individual who has been
issued Purple Heart plates for a vehicle and who has claimed and
received a grant under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, shall pay 50%
of the original issuance fee and regular annual fee for the
registration of the vehicle shall be as provided in Section 3-806.3
of this Code.
(Source: P.A. 89-98, eff. 1-1-96.)
Section 30. If and only if House Bill 1383 of the 91st General
Assembly becomes law, the Wireless Emergency Telephone Safety Act is
amended by changing Sections 20 and 30 as follows:
(91HB1383enr, Sec. 20)
Sec. 20. Wireless Service Emergency Fund; uses. The Wireless
Service Emergency Fund is created as a special fund in the State
treasury. Subject to appropriation, moneys in the Wireless Service
6222 JOURNAL OF THE [May 27, 1999]
Emergency Fund may only be used for grants for emergency telephone
system boards, qualified government entities, or the Department of
State Police, and for reimbursement of the Communications Revolving
Fund for administrative costs incurred by the Department of Central
Management Services related to administering the program. These
grants may be used only for the design, implementation, operation,
maintenance, or upgrade of wireless 9-1-1 or E9-1-1 emergency
services and public safety answering points, and for no other
purposes.
The moneys received by the Department of State Police from the
Wireless Service Emergency Fund, in any year, may be used for any
costs relating to the leasing, modification, or maintenance of any
building or facility used to house personnel or equipment associated
with the operation of wireless 9-1-1 or wireless E9-1-1 emergency
services, to ensure service in those areas where service is not
otherwise provided.
Moneys from the Wireless Service Emergency Fund may not be used
to pay for or recover any costs associated with public safety agency
equipment or personnel dispatched in response to wireless 9-1-1 or
wireless E9-1-1 emergency calls.
(Source: 91HB1383enr.)
(91HB1383enr, Sec. 30)
Sec. 30. Wireless Carrier Reimbursement Fund; uses. The
Wireless Carrier Reimbursement Fund is created as a special fund in
the State treasury. Moneys in the Wireless Carrier Reimbursement
Fund may be used, subject to appropriation, only to reimburse
wireless carriers for all of their costs incurred in complying with
the applicable provisions of Federal Communications Commission
wireless enhanced 9-1-1 service mandates, and for reimbursement of
the Communications Revolving Fund for administrative costs incurred
by the Department of Central Management Services related to
administering the program. This reimbursement may include, but need
not be limited to, the cost of designing, upgrading, purchasing,
leasing, programming, installing, testing, and maintaining necessary
data, hardware, and software and associated operating and
administrative costs and overhead.
(Source: 91HB1383enr.)
Section 99. Effective date. This Act takes effect upon becoming
law, except that Section 30 takes effect no earlier than the
effective date of House Bill 1383 of the 91st General Assembly.".
Submitted on May 27, 1999
s/Sen. Steven Rauschenberger Rep. Jeffrey Schoenberg
s/Sen. Dick Klemm Rep. Gary Hannig
s/Sen. John Maitland Rep. Barabara Flynn Currie
Sen. Donne Trotter s/Rep. Art Tenhouse
s/Sen. Patrick Welch s/Rep. Tom Ryder
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. 19
Adopted by the Senate, May 27, 1999.
HOUSE OF REPRESENTATIVES 6223
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 19
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 Amendments Nos.
1, 2, and 3 to Senate Bill 19, recommend the following:
(1) that the House recede from House Amendments Nos. 1, 2, and
3; and
(2) that Senate Bill 19 be amended by replacing the title with
the following:
"AN ACT regarding child support enforcement."; and
by replacing everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Non-Support Punishment Act.
Section 5. Prosecutions by State's Attorneys. A proceeding for
enforcement of this Act may be instituted and prosecuted by the
several State's Attorneys only upon the filing of a verified
complaint by the person or persons receiving child or spousal
support.
Section 7. Prosecutions by Attorney General. In addition to
enforcement proceedings by the several State's Attorneys, a
proceeding for the enforcement of this Act may be instituted and
prosecuted by the Attorney General in cases referred by the Illinois
Department of Public Aid involving persons receiving child and spouse
support services under Article X of the Illinois Public Aid Code.
Before referring a case to the Attorney General for enforcement under
this Act, the Department of Public Aid shall notify the person
receiving child and spouse support services under Article X of the
Illinois Public Aid Code of the Department's intent to refer the case
to the Attorney General under this Section for prosecution.
Section 10. Proceedings. Proceedings under this Act may be by
indictment or information. No proceeding may be brought under Section
15 against a person whose court or administrative order for support
was entered by default, unless the indictment or information
specifically alleges that the person has knowledge of the existence
of the order for support and that the person has the ability to pay
the support.
Section 15. Failure to support.
(a) A person commits the offense of failure to support when he
or she:
(1) willfully, without any lawful excuse, refuses to
provide for the support or maintenance of his or her spouse, with
the knowledge that the spouse is in need of such support or
maintenance, or, without lawful excuse, deserts or willfully
refuses to provide for the support or maintenance of his or her
child or children under the age of 18 years, in need of support
or maintenance and the person has the ability to provide the
support; or
(2) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than 6 months,
or is in arrears in an amount greater than $5,000, and the person
has the ability to provide the support; or
(3) leaves the State with the intent to evade a support
obligation required under a court or administrative order for
support, if the obligation, regardless of when it accrued, has
remained unpaid for a period longer than 6 months, or is in
6224 JOURNAL OF THE [May 27, 1999]
arrears in an amount greater than $10,000; or
(4) willfully fails to pay a support obligation required
under a court or administrative order for support, if the
obligation has remained unpaid for a period longer than one year,
or is in arrears in an amount greater than $20,000, and the
person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a
court or administrative order of support that was not based on a
default judgment and was in effect for the time period charged in the
indictment or information creates a rebuttable presumption that the
obligor has the ability to pay the support obligation for that time
period.
(b) Sentence. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A
person convicted of an offense under subdivision (a)(3) or (a)(4) or
a second or subsequent offense under subdivision (a)(1) or (a)(2) is
guilty of a Class 4 felony.
(c) Expungement. A person convicted of a first offense under
subdivision (a)(1) or (a)(2) who is eligible for the Earnfare
program, shall, in lieu of the sentence prescribed in subsection (b),
be referred to the Earnfare program. Upon certification of
completion of the Earnfare program, the conviction shall be expunged.
If the person fails to successfully complete the Earnfare program, he
or she shall be sentenced in accordance with subsection (b).
(d) Fine. Sentences of imprisonment and fines for offenses
committed under this Act shall be as provided under Articles 8 and 9
of Chapter V of the Unified Code of Corrections, except that the
court shall order restitution of all unpaid support payments and may
impose the following fines, alone, or in addition to a sentence of
imprisonment under the following circumstances:
(1) from $1,000 to $5,000 if the support obligation has
remained unpaid for a period longer than 2 years, or is in
arrears in an amount greater than $1,000 and not exceeding
$10,000;
(2) from $5,000 to $10,000 if the support obligation has
remained unpaid for a period longer than 5 years, or is in
arrears in an amount greater than $10,000 and not exceeding
$20,000; or
(3) from $10,000 to $25,000 if the support obligation has
remained unpaid for a period longer than 8 years, or is in
arrears in an amount greater than $20,000.
Restitution shall be ordered in an amount equal to the total
unpaid support obligation as it existed at the time of sentencing.
Any amounts paid by the obligor shall be allocated first to current
support and then to restitution ordered and then to fines imposed
under this Section.
Section 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order for
support is in effect against the defendant:
(1) at any time before the trial, upon motion of the State's
Attorney, or of the Attorney General if the action has been
instituted by his office, and upon notice to the defendant, or at
the time of arraignment or as a condition of postponement of
arraignment, the court may enter such temporary order for support
as may seem just, providing for the support or maintenance of the
spouse or child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant, or at
the trial on entry of a plea of guilty, or after conviction,
instead of imposing the penalty provided in this Act, or in
addition thereto, the court may enter an order for support,
HOUSE OF REPRESENTATIVES 6225
subject to modification by the court from time to time as
circumstances may require, directing the defendant to pay a
certain sum for maintenance of the spouse, or for support of the
child or children, or both.
(b) The court shall determine the amount of child support by
using the guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act.
(c) The court shall determine the amount of maintenance using the
standards set forth in Section 504 of the Illinois Marriage and
Dissolution of Marriage Act.
(d) The court may, for violation of any order under this Section,
punish the offender as for a contempt of court, but no pendente lite
order shall remain in effect longer than 4 months, or after the
discharge of any panel of jurors summoned for service thereafter in
such court, whichever is sooner.
(e) Any order for support entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support under the judgments, each such judgment to
be in the amount of each payment or installment of support and each
judgment to be deemed entered as of the date the corresponding
payment or installment becomes due under the terms of the support
order. Each judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the ability
to be enforced. Each judgment is subject to modification or
termination only in accordance with Section 510 of the Illinois
Marriage and Dissolution of Marriage Act. A lien arises by operation
of law against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(f) An order for support entered under this Section shall include
a provision requiring the obligor to report to the obligee and to the
clerk of the court within 10 days each time the obligor obtains new
employment, and each time the obligor's employment is terminated for
any reason. The report shall be in writing and shall, in the case of
new employment, include the name and address of the new employer.
Failure to report new employment or the termination of current
employment, if coupled with nonpayment of support for a period in
excess of 60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment, bond shall be set in
the amount of the child support that should have been paid during the
period of unreported employment.
An order for support entered under this Section shall also
include a provision requiring the obligor and obligee parents to
advise each other of a change in residence within 5 days of the
change except when the court finds that the physical, mental, or
emotional health of a party or of a minor child, or both, would be
seriously endangered by disclosure of the party's address.
(g) An order for support entered or modified in a case in which a
party is receiving child and spouse support services under Article X
of the Illinois Public Aid Code shall include a provision requiring
the noncustodial parent to notify the Illinois Department of Public
Aid, within 7 days, of the name and address of any new employer of
the noncustodial parent, whether the noncustodial parent has access
to health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names of
persons covered under the policy.
(h) In any subsequent action to enforce an order for support
entered under this Act, upon sufficient showing that diligent effort
has been made to ascertain the location of the noncustodial parent,
service of process or provision of notice necessary in that action
6226 JOURNAL OF THE [May 27, 1999]
may be made at the last known address of the noncustodial parent, in
any manner expressly provided by the Code of Civil Procedure or in
this Act, which service shall be sufficient for purposes of due
process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date shall be
no earlier than the date on which the child covered by the order will
attain the age of majority or is otherwise emancipated. The order for
support shall state that the termination date does not apply to any
arrearage that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from modifying the
order.
Section 22. Withholding of income to secure payment of support.
An order for support entered or modified under this Act is subject to
the Income Withholding for Support Act.
Section 25. Payment of support to State Disbursement Unit; clerk
of the court.
(a) As used in this Section, "order for support", "obligor",
"obligee", and "payor" mean those terms as defined in the Income
Withholding for Support Act.
(b) Each order for support entered or modified under Section 20
of this Act shall require that support payments be made to the State
Disbursement Unit established under the Illinois Public Aid Code,
under the following circumstances:
(1) when a party to the order is receiving child and spouse
support services under Article X of the Illinois Public Aid Code;
or
(2) when no party to the order is receiving child and spouse
support services, but the support payments are made through
income withholding.
(c) When no party to the order is receiving child and spouse
support services, and payments are not being made through income
withholding, the court shall order the obligor to make support
payments to the clerk of the court.
(d) In the case of an order for support entered by the court
under this Act before a party commenced receipt of child and spouse
support services, upon receipt of these services by a party the
Illinois Department of Public Aid shall provide notice to the obligor
to send any support payments he or she makes personally to the State
Disbursement Unit until further direction of the Department. The
Department shall provide a copy of the notice to the obligee and to
the clerk of the court.
(e) If a State Disbursement Unit as specified by federal law has
not been created in Illinois upon the effective date of this Act,
then, until the creation of a State Disbursement Unit as specified by
federal law, the following provisions regarding payment and
disbursement of support payments shall control and the provisions in
subsections (a), (b), (c), and (d) shall be inoperative. Upon the
creation of a State Disbursement Unit as specified by federal law,
this subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d) shall
control.
(1) In cases in which an order for support is entered under
Section 20 of this Act, the court shall order that maintenance
and support payments be made to the clerk of the court for
remittance to the person or agency entitled to receive the
payments. However, the court in its discretion may direct
otherwise where exceptional circumstances so warrant.
(2) The court shall direct that support payments be sent by
the clerk to (i) the Illinois Department of Public Aid if the
person in whose behalf payments are made is receiving aid under
HOUSE OF REPRESENTATIVES 6227
Articles III, IV, or V of the Illinois Public Aid Code, or child
and spouse support services under Article X of the Code, or (ii)
to the local governmental unit responsible for the support of the
person if he or she is a recipient under Article VI of the Code.
In accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both, after
those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public
Aid Code. The Illinois Department shall pay the net amount
collected to those persons after deducting any costs incurred in
making the collection or any collection fee from the amount of
any recovery made. The order shall permit the Illinois
Department of Public Aid or the local governmental unit, as the
case may be, to direct that support payments be made directly to
the spouse, children, or both, or to some person or agency in
their behalf, upon removal of the spouse or children from the
public aid rolls or upon termination of services under Article X
of the Illinois Public Aid Code; and upon such direction, the
Illinois Department or the local governmental unit, as the case
requires, shall give notice of such action to the court in
writing or by electronic transmission.
(3) The clerk of the court shall establish and maintain
current records of all moneys received and disbursed and of
delinquencies and defaults in required payments. The court, by
order or rule, shall make provision for the carrying out of these
duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to the
clerk of the court that a person who is receiving support
payments under this Section is receiving services under the Child
Support Enforcement Program established by Title IV-D of the
Social Security Act, any support payments subsequently received
by the clerk of the court shall be transmitted in accordance with
the instructions of the Illinois Department of Public Aid until
the Department gives notice to cease the transmittal. After
providing the notification authorized under this paragraph, the
Illinois Department of Public Aid shall be a party and entitled
to notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of Public
Aid's notification in the court file. The failure of the clerk
to file a copy of the notification in the court file shall not,
however, affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further proceedings.
(5) Payments under this Section to the Illinois Department
of Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of Public
Aid shall be deposited in the Public Assistance Recoveries Trust
Fund. Disbursements from these funds shall be as provided in the
Illinois Public Aid Code. Payments received by a local
governmental unit shall be deposited in that unit's General
Assistance Fund.
(6) For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification
by the Illinois Department of Public Aid, the clerk shall
transmit all such payments, within 4 working days of receipt, to
insure that funds are available for immediate distribution by the
Department to the person or entity entitled thereto in accordance
6228 JOURNAL OF THE [May 27, 1999]
with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act. The
clerk shall notify the Department of the date of receipt and
amount thereof at the time of transmittal. Where the clerk has
entered into an agreement of cooperation with the Department to
record the terms of child support orders and payments made
thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with
such agreement in lieu of the requirements contained herein.
Section 30. Information to State Case Registry.
(a) When an order for support is entered or modified under
Section 20 of this Act, the clerk of the court shall, within 5
business days, provide to the State Case Registry established under
Section 10-27 of the Illinois Public Aid Code the court docket number
and county in which the order is entered or modified and the
following information, which the parents involved in the case shall
disclose to the court:
(1) the names of the custodial and noncustodial parents and
of the child or children covered by the order;
(2) the dates of birth of the custodial and noncustodial
parents and of the child or children covered by the order;
(3) the social security numbers of the custodial and
noncustodial parents and, if available, of the child or children
covered by the order;
(4) the residential and mailing address for the custodial
and noncustodial parents;
(5) the telephone numbers for the custodial and noncustodial
parents;
(6) the driver's license numbers for the custodial and
noncustodial parents; and
(7) the name, address, and telephone number of each parent's
employer or employers.
(b) When an order for support is entered or modified under
Section 20 in a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid Code, the
clerk shall provide the State Case Registry with the following
information within 5 business days:
(1) the information specified in subsection (a);
(2) the amount of monthly or other periodic support owed
under the order and other amounts, including arrearages,
interest, or late payment penalties and fees, due or overdue
under the order;
(3) any amounts described in subdivision (2) of this
subsection (b) that have been received by the clerk; and
(4) the distribution of the amounts received by the clerk.
(c) A party shall report to the clerk of the circuit court
changes in information required to be disclosed under this Section
within 5 business days of the change.
(d) To the extent that updated information is in the clerk's
possession, the clerk shall provide updates of the information
specified in subsection (b) within 5 business days after the Illinois
Department of Public Aid's request for that updated information.
Section 35. Fine; release of defendant on probation; violation of
order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the court to
be paid, in whole or in part, to the spouse, ex-spouse, or if the
support of a child or children is involved, to the custodial parent,
to the clerk, probation officer, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
HOUSE OF REPRESENTATIVES 6229
requires, to be disbursed by such officers or agency under the terms
of the order.
(b) The court may also relieve the defendant from custody on
probation for the period fixed in the order or judgment upon his or
her entering into a recognizance, with or without surety, in the sum
as the court orders and approves. The condition of the recognizance
shall be such that if the defendant makes his or her personal
appearance in court whenever ordered to do so by the court, during
such period as may be so fixed, and further complies with the terms
of the order for support, or any subsequent modification of the
order, then the recognizance shall be void; otherwise it will remain
in full force and effect.
(c) If the court is satisfied by testimony in open court, that at
any time during the period of one year the defendant has violated the
terms of the order for support, it may proceed with the trial of the
defendant under the original charge, or sentence him or her under the
original conviction, or enforce the suspended sentence, as the case
may be. In case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is involved, to
the custodial parent, to the clerk, or to the Illinois Department of
Public Aid if a recipient of child and spouse support services under
Article X of the Illinois Public Aid Code is involved as the case
requires, to be disbursed by the clerk or the Department under the
terms of the order.
Section 40. Evidence. No other or greater evidence shall be
required to prove the marriage of a husband and wife, or that the
defendant is the father or mother of the child or children than is or
shall be required to prove that fact in a civil action.
Section 45. Husband or wife as competent witness. In no
prosecution under this Act shall any existing statute or rule of law
prohibiting the disclosure of confidential communications between
husband and wife apply. And both husband and wife shall be competent
witnesses to testify to any and all relevant matters, including the
fact of such marriage and of the parentage of such child or children,
provided that neither shall be compelled to give evidence
incriminating himself or herself.
Section 50. Community service; work alternative program.
(a) In addition to any other penalties imposed against an
offender under this Act, the court may order the offender to perform
community service for not less than 30 and not more than 120 hours
per month, if community service is available in the jurisdiction and
is funded and approved by the county board of the county where the
offense was committed. In addition, whenever any person is placed on
supervision for committing an offense under this Act, the supervision
shall be conditioned on the performance of the community service.
(b) In addition to any other penalties imposed against an
offender under this Act, the court may sentence the offender to
service in a work alternative program administered by the sheriff.
The conditions of the program are that the offender obtain or retain
employment and participate in a work alternative program administered
by the sheriff during non-working hours. A person may not be
required to participate in a work alternative program under this
subsection if the person is currently participating in a work program
pursuant to another provision of this Act, Section 10-11.1 of the
Illinois Public Aid Code, Section 505.1 of the Illinois Marriage and
Dissolution of Marriage Act, or Section 15.1 of the Illinois
Parentage Act of 1984.
(c) In addition to any other penalties imposed against an
offender under this Act, the court may order, in cases where the
6230 JOURNAL OF THE [May 27, 1999]
offender has been in violation of this Act for 90 days or more, that
the offender's Illinois driving privileges be suspended until the
court determines that the offender is in compliance with this Act.
The court may determine that the offender is in compliance with
this Act if the offender has agreed (i) to pay all required amounts
of support and maintenance as determined by the court or (ii) to the
garnishment of his or her income for the purpose of paying those
amounts.
The court may also order that the offender be issued a family
financial responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in accordance
with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the
circuit court shall certify the order suspending the driving
privileges of the offender or granting the issuance of a family
financial responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the authenticated
documents, the Secretary of State shall suspend the offender's
driving privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section 7-702.1 of
the Illinois Vehicle Code, issue a family financial responsibility
driving permit to the offender.
(d) If the court determines that the offender has been in
violation of this Act for more than 60 days, the court may determine
whether the offender has applied for or been issued a professional
license by the Department of Professional Regulation or another
licensing agency. If the court determines that the offender has
applied for or been issued such a license, the court may certify to
the Department of Professional Regulation or other licensing agency
that the offender has been in violation of this Act for more than 60
days so that the Department or other agency may take appropriate
steps with respect to the license or application as provided in
Section 10-65 of the Illinois Administrative Procedure Act and
Section 60 of the Civil Administrative Code of Illinois. The court
may take the actions required under this subsection in addition to
imposing any other penalty authorized under this Act.
Section 55. Offenses; how construed. It is hereby expressly
declared that the offenses set forth in this Act shall be construed
to be continuing offenses.
Section 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the person
owing a duty of support is unemployed, the court may order the person
to seek employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed person
to report to the Department of Employment Security for job search
services or to make application with the local Jobs Training
Partnership Act provider for participation in job search, training,
or work programs and where the duty of support is owed to a child
receiving support services under Article X of the Illinois Public Aid
Code the court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job search,
training, or work programs established under Section 9-6 and Article
IXA of that Code.
(b) Whenever it is determined that a person owes past due support
for a child or for a child and the parent with whom the child is
living, and the child is receiving assistance under the Illinois
Public Aid Code, the court shall order at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in accordance
with a plan approved by the court; or
HOUSE OF REPRESENTATIVES 6231
(2) if the person owing past-due support is unemployed, is
subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs
established under Section 9-6 and Article IXA of the Illinois
Public Aid Code as the court deems appropriate.
Section 65. Order of protection; status. Whenever relief sought
under this Act is based on allegations of domestic violence, as
defined in the Illinois Domestic Violence Act of 1986, the court,
before granting relief, shall determine whether any order of
protection has previously been entered in the instant proceeding or
any other proceeding in which any party, or a child of any party, or
both, if relevant, has been designated as either a respondent or a
protected person.
Section 70. Severability. If any provision of this Act or its
application to any person or circumstance is held invalid, the
invalidity of that provision or application does not affect other
provisions or applications of this Act that can be given effect
without the invalid provision or application.
Section 905. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded by
notice and an opportunity for a hearing, the provisions of this Act
concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient application
for the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall continue
in full force and effect until the final agency decision on the
application has been made unless a later date is fixed by order of a
reviewing court.
(c) An application for the renewal of a license or a new license
shall include the applicant's social security number. Each agency
shall require the licensee to certify on the application form, under
penalty of perjury, that he or she is not more than 30 days
delinquent in complying with a child support order. Every
application shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may subject
the licensee to contempt of court. The agency shall notify each
applicant or licensee who acknowledges a delinquency or who, contrary
to his or her certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant relating
to a paternity or a child support proceeding, that the agency intends
to take disciplinary action. Accordingly, the agency shall provide
written notice of the facts or conduct upon which the agency will
rely to support its proposed action and the applicant or licensee
shall be given an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any delinquency in
complying with a child support order can be remedied by arranging for
payment of past due and current support. Any failure to comply with
a subpoena or warrant relating to a paternity or child support
proceeding can be remedied by complying with the subpoena or warrant.
Upon a final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or refuse to
issue or renew the license. In cases in which the Department of
Public Aid has previously determined that an applicant or a licensee
is more than 30 days delinquent in the payment of child support and
has subsequently certified the delinquency to the licensing agency,
and in cases in which a court has previously determined that an
applicant or licensee has been in violation of the Non-Support
Punishment Act for more than 60 days, the licensing agency shall
6232 JOURNAL OF THE [May 27, 1999]
refuse to issue or renew or shall revoke or suspend that person's
license based solely upon the certification of delinquency made by
the Department of Public Aid or the certification of violation made
by the court. Further process, hearings, or redetermination of the
delinquency or violation by the licensing agency shall not be
required. The licensing agency may issue or renew a license if the
licensee has arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of Public Aid
or the court. The licensing agency may impose conditions,
restrictions, or disciplinary action upon that license.
(d) Except as provided in subsection (c), no agency shall
revoke, suspend, annul, withdraw, amend materially, or refuse to
renew any valid license without first giving written notice to the
licensee of the facts or conduct upon which the agency will rely to
support its proposed action and an opportunity for a hearing in
accordance with the provisions of this Act concerning contested
cases. At the hearing, the licensee shall have the right to show
compliance with all lawful requirements for the retention,
continuation, or renewal of the license. If, however, the agency
finds that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a finding
to that effect in its order, summary suspension of a license may be
ordered pending proceedings for revocation or other action. Those
proceedings shall be promptly instituted and determined.
(e) Any application for renewal of a license that contains
required and relevant information, data, material, or circumstances
that were not contained in an application for the existing license
shall be subject to the provisions of subsection (a).
Section 910. The Civil Administrative Code of Illinois is
amended by changing Section 43a.14 as follows:
(20 ILCS 1005/43a.14)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Employment Security shall not be liable to any
person for any disclosure of information to the Illinois Department
of Public Aid under subsection (a) or for any other action taken in
good faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 915. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of Professional
Regulation shall have, subject to the provisions of this Act, the
following powers and duties:
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the profession,
trade, or occupation for which the examination is held.
2. To prescribe rules and regulations for a fair and wholly
impartial method of examination of candidates to exercise the
respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for licenses,
certificates, and authorities, whether by examination, by
reciprocity, or by endorsement.
HOUSE OF REPRESENTATIVES 6233
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of a
university, or other institutions, reputable and in good standing and
to determine the reputability and good standing of a school, college,
or university, or department of a university, or other institution,
reputable and in good standing by reference to a compliance with such
rules and regulations: provided, that no school, college, or
university, or department of a university or other institution that
refuses admittance to applicants solely on account of race, color,
creed, sex, or national origin shall be considered reputable and in
good standing.
5. To conduct hearings on proceedings to revoke, suspend, refuse
to renew, place on probationary status, or take other disciplinary
action as may be authorized in any licensing Act administered by the
Department with regard to licenses, certificates, or authorities of
persons exercising the respective professions, trades, or
occupations, and to revoke, suspend, refuse to renew, place on
probationary status, or take other disciplinary action as may be
authorized in any licensing Act administered by the Department with
regard to such licenses, certificates, or authorities. The
Department shall issue a monthly disciplinary report. The Department
shall deny any license or renewal authorized by this Act to any
person who has defaulted on an educational loan or scholarship
provided by or guaranteed by the Illinois Student Assistance
Commission or any governmental agency of this State; however, the
Department may issue a license or renewal if the aforementioned
persons have established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission or other
appropriate governmental agency of this State. Additionally,
beginning June 1, 1996, any license issued by the Department may be
suspended or revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the licensee
has failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan. For the
purposes of this Section, "satisfactory repayment record" shall be
defined by rule. The Department shall refuse to issue or renew a
license to, or shall suspend or revoke a license of, any person who,
after receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding. However, the
Department may issue a license or renewal upon compliance with the
subpoena or warrant.
The Department, without further process or hearings, shall
revoke, suspend, or deny any license or renewal authorized by this
Act to a person who is certified by the Illinois Department of Public
Aid as being more than 30 days delinquent in complying with a child
support order or who is certified by a court as being in violation of
the Non-Support of Punishment Act for more than 60 days; the
Department may, however, issue a license or renewal if the person has
established a satisfactory repayment record as determined by the
Illinois Department of Public Aid or if the person is determined by
the court to be in compliance with the Non-Support Punishment Act.
The Department may implement this paragraph as added by Public Act
89-6 through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For purposes of
the Illinois Administrative Procedure Act, the adoption of rules to
implement this paragraph shall be considered an emergency and
necessary for the public interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the control of
the Department to any other Department of the State Government, or to
acquire or accept Federal lands, when such transfer, acquisition or
6234 JOURNAL OF THE [May 27, 1999]
acceptance is advantageous to the State and is approved in writing by
the Governor.
7. To formulate rules and regulations as may be necessary for
the enforcement of any act administered by the Department.
8. To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Professional Regulation shall not be liable under any
federal or State law to any person for any disclosure of information
to the Illinois Department of Public Aid under this paragraph 8 or
for any other action taken in good faith to comply with the
requirements of this paragraph 8.
9. To perform such other duties as may be prescribed by law.
The Department may, when a fee is payable to the Department for a
wall certificate of registration provided by the Department of
Central Management Services, require that portion of the payment for
printing and distribution costs be made directly or through the
Department, to the Department of Central Management Services for
deposit in the Paper and Printing Revolving Fund, the remainder shall
be deposited in the General Revenue Fund.
For the purpose of securing and preparing evidence, and for the
purchase of controlled substances, professional services, and
equipment necessary for enforcement activities, recoupment of
investigative costs and other activities directed at suppressing the
misuse and abuse of controlled substances, including those activities
set forth in Sections 504 and 508 of the Illinois Controlled
Substances Act, the Director and agents appointed and authorized by
the Director may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the amounts
appropriated for that purpose and such sums may be advanced to the
agent when the Director deems such procedure to be in the public
interest. Sums for the purchase of controlled substances,
professional services, and equipment necessary for enforcement
activities and other activities as set forth in this Section shall be
advanced to the agent who is to make such purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and such agents are authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys to be
used for the purposes set forth in this Section; provided, that no
check may be written nor any withdrawal made from any such account
except upon the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals. Vouchers
for such expenditures must be signed by the Director and all such
expenditures shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services for
approval.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for the
purpose of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the
requirements of subsection 22 of Section 55a of the Civil
Administrative Code of Illinois, the Department of State Police is
authorized to furnish, pursuant to positive identification, such
information contained in State files as is necessary to fulfill the
HOUSE OF REPRESENTATIVES 6235
request.
The provisions of this Section do not apply to private business
and vocational schools as defined by Section 1 of the Private
Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to those
professions, trades, and occupations licensed under the Real Estate
License Act of 1983 nor does it apply to any permits, certificates,
or other authorizations to do business provided for in the Land Sales
Registration Act of 1989 or the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237, eff.
8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18, eff.
7-1-97.)
Section 920. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions thereof,
or with the federal government, except when specifically prohibited
by law, any information which may be necessary to efficient tax
administration and which may be acquired as a result of the
administration of the above laws.
(b) To exchange with the Illinois Department of Public Aid
information that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Code to the contrary, the
Department of Revenue shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection (b) or for any other action taken in good faith
to comply with the requirements of this subsection (b).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 925. The Counties Code is amended by changing Section
3-5036.5 as follows:
(55 ILCS 5/3-5036.5)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois Department of
Public Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Recorder shall not be liable to any person for any disclosure of
information to the Illinois Department of Public Aid under subsection
(a) or for any other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 930. The Collection Agency Act is amended by changing
Section 2.04 as follows:
(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
Sec. 2.04. Child support indebtedness.
(a) Persons, associations, partnerships, or corporations engaged
in the business of collecting child support indebtedness owing under
a court order as provided under the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
6236 JOURNAL OF THE [May 27, 1999]
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Parentage Act of 1984, or similar laws of other states are not
restricted (i) in the frequency of contact with an obligor who is in
arrears, whether by phone, mail, or other means, (ii) from contacting
the employer of an obligor who is in arrears, (iii) from publishing
or threatening to publish a list of obligors in arrears, (iv) from
disclosing or threatening to disclose an arrearage that the obligor
disputes, but for which a verified notice of delinquency has been
served under the Income Withholding for Support Act (or any of its
predecessors, Section 10-16.2 of the Illinois Public Aid Code,
Section 706.1 of the Illinois Marriage and Dissolution of Marriage
Act, Section 4.1 of the Non-Support of Spouse and Children Act,
Section 26.1 of the Revised Uniform Reciprocal Enforcement of Support
Act, or Section 20 of the Illinois Parentage Act of 1984), or (v)
from engaging in conduct that would not cause a reasonable person
mental or physical illness. For purposes of this subsection,
"obligor" means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child.
"Arrearage" means the total amount of an obligor's unpaid child
support obligations.
(b) The Department shall adopt rules necessary to administer and
enforce the provisions of this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 935. The Illinois Public Aid Code is amended by changing
Sections 10-3.1, 10-17, 10-19, 10-25, 10-25.5, and 12-4.7c as
follows:
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child
and Spouse Support Unit to search for and locate absent parents and
spouses liable for the support of persons resident in this State and
to exercise the support enforcement powers and responsibilities
assigned the Department by this Article. The unit shall cooperate
with all law enforcement officials in this State and with the
authorities of other States in locating persons responsible for the
support of persons resident in other States and shall invite the
cooperation of these authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support
Unit by this Article, the Unit may refer to the Attorney General or
units of local government with the approval of the Attorney General,
any actions under Sections 10-10 and 10-15 for judicial enforcement
of the support liability. The Child and Spouse Support Unit shall
act for the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in Section
12-16, attorneys of the Unit may assist the Attorney General or
themselves institute actions in behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support Act;
under the Illinois Parentage Act of 1984; under the Non-Support of
Spouse and Children Act; under the Non-Support Punishment Act; or
under any other law, State or Federal, providing for support of a
spouse or dependent child.
The Illinois Department shall also have the authority to enter
into agreements with local governmental units or individuals, with
the approval of the Attorney General, for the collection of moneys
owing because of the failure of a parent to make child support
payments for any child receiving services under this Article. Such
agreements may be on a contingent fee basis, but such contingent fee
shall not exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this Section
shall represent the Illinois Department exclusively. Regardless of
HOUSE OF REPRESENTATIVES 6237
the designation of the plaintiff in an action brought pursuant to
this Section, an attorney-client relationship does not exist for
purposes of that action between that attorney and (i) an applicant
for or recipient of child and spouse support services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any power or
duty (including a duty to maintain confidentiality) of the Child and
Spouse Support Unit or the Illinois Department otherwise provided by
law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise
the investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11,
in locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments obtained
shall be deposited into the Public Assistance Recoveries Trust Fund.
Support payments shall be paid over to the General Assistance Fund of
the local governmental unit at such time or times as the agreement
may specify.
With respect to those cases in which it has support enforcement
powers and responsibilities under this Article, the Illinois
Department may provide by rule for periodic or other review of each
administrative and court order for support to determine whether a
modification of the order should be sought. The Illinois Department
shall provide for and conduct such review in accordance with any
applicable federal law and regulation.
As part of its process for review of orders for support, the
Illinois Department, through written notice, may require the
responsible relative to disclose his or her Social Security Number
and past and present information concerning the relative's address,
employment, gross wages, deductions from gross wages, net wages,
bonuses, commissions, number of dependent exemptions claimed,
individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide
support in a case receiving child and spouse support services under
this Article X.
The Illinois Department may send a written request for the same
information to the relative's employer. The employer shall respond
to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to
fully respond within the 15-day period, the employer shall pay a
penalty of $100 for each day that the response is not provided to the
Illinois Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought against the
employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to
this Section shall consist of (i) a citation of this Section as the
statutory authority for the request and for the employer's obligation
to provide the requested information, (ii) a returnable form setting
forth the employer's name and address and listing the name of the
employee with respect to whom information is requested, and (iii) a
citation of this Section as the statutory authority authorizing the
employer to withhold a fee of up to $20 from the wages or income to
be paid to each responsible relative for providing the information to
the Illinois Department within the 15-day period. If the employer is
withholding support payments from the responsible relative's income
pursuant to an order for withholding, the employer may withhold the
fee provided for in this Section only after withholding support as
required under the order. Any amounts withheld from the responsible
relative's income for payment of support and the fee provided for in
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this Section shall not be in excess of the amounts permitted under
the federal Consumer Credit Protection Act.
In a case receiving child and spouse support services, the
Illinois Department may request and obtain information from a
particular employer under this Section no more than once in any
12-month period, unless the information is necessary to conduct a
review of a court or administrative order for support at the request
of the person receiving child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and Spouse
Support Unit information supplied by persons applying for or
receiving child and spouse support services under Section 10-1. In
addition, the Illinois Department shall address and respond to any
alleged deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by the
Child and Spouse Support Unit that affects his or her case, a
recipient of or applicant for child and spouse support services under
Article X of this Code may request an explanation of the Unit's
handling of the case. At the requestor's option, the explanation may
be provided either orally in an interview, in writing, or both. If
the Illinois Department fails to respond to the request for an
explanation or fails to respond in a manner satisfactory to the
applicant or recipient within 30 days from the date of the request
for an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of the
Administrator of the Child and Spouse Support Unit. A request for a
conference may be submitted at any time within 60 days after the
explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has
expired.
The applicant or recipient may request a conference concerning
any decision denying or terminating child or spouse support services
under Article X of this Code, and the applicant or recipient may also
request a conference concerning the Unit's failure to provide
services or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the Child and
Spouse Support Unit includes all local governmental units or
individuals with whom the Illinois Department has contracted under
Section 10-3.1.
Upon receipt of a timely request for a conference, the Office of
the Administrator shall review the case. The applicant or recipient
requesting the conference shall be entitled, at his or her option, to
appear in person or to participate in the conference by telephone.
The applicant or recipient requesting the conference shall be
entitled to be represented and to be afforded a reasonable
opportunity to review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient requesting
the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall
be without cost to the applicant or recipient requesting the
conference and shall be conducted by a representative of the Child or
Spouse Support Unit who did not participate in the action or inaction
being reviewed.
The Office of the Administrator shall conduct a conference and
inform all interested parties, in writing, of the results of the
conference within 60 days from the date of filing of the request for
a conference.
In addition to its other powers and responsibilities established
by this Article, the Child and Spouse Support Unit shall conduct an
HOUSE OF REPRESENTATIVES 6239
annual assessment of each institution's program for institution based
paternity establishment under Section 12 of the Vital Records Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other Actions and Remedies for Support.) The
procedures, actions and remedies provided in this Article shall in no
way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the "Paternity Act", approved July 5, 1957,
as amended; (b) the "Non-Support of Spouse and Children Act",
approved June 24, 1915, as amended; (b-5) the Non-Support Punishment
Act; and (c) the "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support Payments Ordered Under Other Laws - Where
Deposited.) The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the
support of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved June 24,
1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage Act", as now
or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support Act",
approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of 1987, as
amended,
6. The "Unified Code of Corrections", approved July 26, 1972, as
amended,
7. Part 7 of Article XII of the Code of Civil Procedure, as
amended,
8. Part 8 of Article XII of the Code of Civil Procedure, as
amended, and
9. Other laws which may provide by judicial order for direct
payment of support moneys.
Payments under this Section to the Illinois Department pursuant
to the Child Support Enforcement Program established by Title IV-D of
the Social Security Act shall be paid into the Child Support
Enforcement Trust Fund. All other payments under this Section to the
Illinois Department shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall be as
provided in Sections 12-9 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their real property in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
6240 JOURNAL OF THE [May 27, 1999]
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a legal description of the real
property to be levied, the fact that a lien is being claimed for
past-due child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be enforceable
upon the recording or filing of a notice of lien with the recorder or
registrar of titles of the county or counties in which the real
estate is located. The lien shall be prior to any lien thereafter
recorded or filed and shall be notice to a subsequent purchaser,
assignor, or encumbrancer of the existence and nature of the lien.
The lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied by any
political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice
of lien is registered under the Registered Titles (Torrens) Act, the
notice shall be filed in the office of the registrar of titles as a
memorial or charge upon each folium of the register of titles
affected by the notice; but the State shall not have a preference
over the rights of any bona fide purchaser, mortgagee, judgment
creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall
procure a file labeled "Child Support Lien Notices" and an index book
labeled "Child Support Lien Notices". When notice of any lien is
presented to the recorder or registrar of titles for filing, the
recorder or registrar of titles shall file it in numerical order in
the file and shall enter it alphabetically in the index. The entry
shall show the name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of filing,
and the amount of child support due at the time when the lien is
filed.
(f) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, pay balances due on land
contracts, or pay or cause to be satisfied any prior liens on the
property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the State, may
foreclose the lien in a judicial proceeding to the same extent and in
the same manner as in the enforcement of other liens. The process,
practice, and procedure for the foreclosure shall be the same as
provided in the Code of Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal
property for past-due child support.
(a) The State shall have a lien on all legal and equitable
interests of responsible relatives in their personal property,
including any account in a financial institution as defined in
HOUSE OF REPRESENTATIVES 6241
Section 10-24, or in the case of an insurance company or benefit
association only in accounts as defined in Section 10-24, in the
amount of past-due child support owing pursuant to an order for child
support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for notice to
and an opportunity to be heard by each responsible relative affected,
and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section,
the Illinois Department shall have the authority to execute notices
of administrative liens and levies, which shall contain the name and
address of the responsible relative, a description of the property to
be levied, the fact that a lien is being claimed for past-due child
support, and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice of lien
or levy upon any financial institution where the accounts as defined
in Section 10-24 of the responsible relative may be held, for
encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the
responsible relative's personal property, other than accounts as
defined in Section 10-24 in financial institutions, and levy upon
such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish
bond or make a deposit for or pay any costs or fees of any court or
officer thereof in any legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support,
the Illinois Department may, from funds that are available for that
purpose, pay or provide for the payment of necessary or essential
repairs, purchase tax certificates, or pay or cause to be satisfied
any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be
released in the manner provided under Article XII of the Code of
Civil Procedure. Notwithstanding the foregoing, a lien under this
Section on accounts as defined in Section 10-24 shall expire upon the
passage of 120 days from the date of issuance of the Notice of Lien
or Levy by the Illinois Department. However, the lien shall remain
in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any
prior lien of the financial institution or any prior lien holder or
any prior right of set-off that the financial institution may have
against the assets, or in the case of an insurance company or benefit
association only in the accounts as defined in Section 10-24.
(i) A financial institution has no obligation under this Section
to hold, encumber, or surrender the assets, or in the case of an
insurance company or benefit association only the accounts as defined
in Section 10-24, until the financial institution has been properly
served with a subpoena, summons, warrant, court or administrative
order, or administrative lien and levy requiring that action.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.7c)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with the
Illinois Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant to
6242 JOURNAL OF THE [May 27, 1999]
Sections 10-10 and 10-11 of this Code or pursuant to the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Non-Support Punishment Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Department of Human Services shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken in good
faith to comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
Section 940. The Vital Records Act is amended by changing
Section 24 as follows:
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records, to
insure their proper use, and to insure the efficient and proper
administration of the vital records system, access to vital records,
and indexes thereof, including vital records in the custody of local
registrars and county clerks originating prior to January 1, 1916, is
limited to the custodian and his employees, and then only for
administrative purposes, except that the indexes of those records in
the custody of local registrars and county clerks, originating prior
to January 1, 1916, shall be made available to persons for the
purpose of genealogical research. Original, photographic or
microphotographic reproductions of original records of births 100
years old and older and deaths 50 years old and older, and marriage
records 75 years old and older on file in the State Office of Vital
Records and in the custody of the county clerks may be made available
for inspection in the Illinois State Archives reference area,
Illinois Regional Archives Depositories, and other libraries approved
by the Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or microphotographic
copies are made at no cost to the county or to the State of Illinois.
It is unlawful for any custodian to permit inspection of, or to
disclose information contained in, vital records, or to copy or
permit to be copied, all or part of any such record except as
authorized by this Act or regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent, and any
municipal, county, multi-county, public health district, or regional
health officer recognized by the Department may examine vital records
for the purpose only of carrying out the public health programs and
responsibilities under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose, or
authorize the disclosure of, data contained in the vital records when
deemed essential for bona fide research purposes which are not for
private gain.
This amendatory Act of 1973 does not apply to any home rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984. Notwithstanding any provisions in this Act to
the contrary, the State Registrar shall not be liable to any person
for any disclosure of information to the Illinois Department of
Public Aid under this subsection or for any other action taken in
good faith to comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
HOUSE OF REPRESENTATIVES 6243
Section 945. The Illinois Vehicle Code is amended by changing
Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703 and by adding
Sections 7-702.2, 7-705.1 and 7-706.1 as follows:
(625 ILCS 5/2-109.1)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information with the
Illinois Department of Public Aid which may be necessary for the
establishment of paternity and the establishment, modification, and
enforcement of child support orders pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the contrary,
the Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under subsection (a) or for any other action taken in good faith to
comply with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 7-1-97.)
(625 ILCS 5/7-701)
Sec. 7-701. Findings and purpose. The General Assembly finds
that the timely receipt of adequate financial support has the effect
of reducing poverty and State expenditures for welfare dependency
among children, and that the timely payment of adequate child support
demonstrates financial responsibility. Further, the General Assembly
finds that the State has a compelling interest in ensuring that
drivers within the State demonstrate financial responsibility,
including family financial responsibility, in order to safely own and
operate a motor vehicle. To this end, the Secretary of State is
authorized to establish systems a system to suspend driver's licenses
for failure to comply with court orders of support.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702)
Sec. 7-702. Suspension of driver's license for failure to pay
child support.
(a) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated report provided
for in subsection (a) of Section 7-703, that the person is 90 days or
more delinquent in court ordered child support payments or has been
adjudicated in arrears in an amount equal to 90 days obligation or
more, and has been found in contempt by the court for failure to pay
the support.
(b) The Secretary of State shall suspend the driver's license
issued to an obligor upon receiving an authenticated document
provided for in Subsection (b) of Section 7-703, that the person has
been adjudicated in arrears in court ordered child support payments
in an amount equal to 90 days obligation or more, but has not been
held in contempt of court, and that the court has ordered that the
person's driving privileges be suspended. The obligor's driver's
license shall be suspended until such time as the Secretary of State
receives authenticated documentation that the obligor is in
compliance with the court order of support. When the obligor
complies with the court ordered child support payments, the circuit
court shall report the obligor's compliance with the court order of
support to the Secretary of State, on a form prescribed by the
Secretary of State, and shall order that the obligor's driver's
license be reinstated.
(Source: P.A. 89-92, eff. 7-1-96.)
(625 ILCS 5/7-702.1)
Sec. 7-702.1. Family financial responsibility driving permits.
6244 JOURNAL OF THE [May 27, 1999]
Following the entry of an order that an obligor has been found in
contempt by the court for failure to pay court ordered child support
payments or upon a motion by the obligor who is subject to having his
or her driver's license suspended pursuant to subsection (b) of
Section 7-703, the court may enter an order directing the Secretary
of State to issue a family financial responsibility driving permit
for the purpose of providing the obligor the privilege of operating a
motor vehicle between the obligor's residence and place of
employment, or within the scope of employment related duties; or for
the purpose of providing transportation for the obligor or a
household member to receive alcohol treatment, other drug treatment,
or medical care. The court may enter an order directing the issuance
of a permit only if the obligor has proven to the satisfaction of the
court that no alternative means of transportation are reasonably
available for the above stated purposes. No permit shall be issued
to a person under the age of 16 years who possesses an instruction
permit.
Upon entry of an order granting the issuance of a permit to an
obligor, the court shall report this finding to the Secretary of
State on a form prescribed by the Secretary. This form shall state
whether the permit has been granted for employment or medical
purposes and the specific days and hours for which limited driving
privileges have been granted.
The family financial responsibility driving permit shall be
subject to cancellation, invalidation, suspension, and revocation by
the Secretary of State in the same manner and for the same reasons as
a driver's license may be cancelled, invalidated, suspended, or
revoked.
The Secretary of State shall, upon receipt of a certified court
order from the court of jurisdiction, issue a family financial
responsibility driving permit. In order for this permit to be issued,
an individual's driving privileges must be valid except for the
family financial responsibility suspension. This permit shall be
valid only for employment and medical purposes as set forth above.
The permit shall state the days and hours for which limited driving
privileges have been granted.
Any submitted court order that contains insufficient data or
fails to comply with any provision of this Code shall not be used for
issuance of the permit or entered to the individual's driving record
but shall be returned to the court of jurisdiction indicating why the
permit cannot be issued at that time. The Secretary of State shall
also send notice of the return of the court order to the individual
requesting the permit.
(Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
(625 ILCS 5/7-702.2 new)
Sec. 7-702.2. Written agreement to pay past-due support.
(a) An obligor who is presently unable to pay all past-due
support and is subject to having his or her license suspended
pursuant to subsection (b) of Section 7-703 may come into compliance
with the court order for support by executing a written payment
agreement that is approved by the court and by complying with that
agreement. A condition of a written payment agreement must be that
the obligor pay the current child support when due. Before a written
payment agreement is executed, the obligor shall:
(1) Disclose fully to the court in writing, on a form
prescribed by the court, the obligor's financial circumstances,
including income from all sources, assets, liabilities, and work
history for the past year; and
(2) Provide documentation to the court concerning the
obligor's financial circumstances, including copies of the most
recent State and federal income tax returns, both personal and
HOUSE OF REPRESENTATIVES 6245
business; a copy of a recent pay stub representative of current
income; and copies of other records that show the obligor's
income and the present level of assets held by the obligor.
(b) After full disclosure, the court may determine the obligor's
ability to pay past-due support and may approve a written payment
agreement consistent with the obligor's ability to pay, not to exceed
the court-ordered support.
(625 ILCS 5/7-703)
Sec. 7-703. Courts to report non-payment of court ordered
support.
(a) The clerk of the circuit court, as provided in subsection
(b) of Section 505 of the Illinois Marriage and Dissolution of
Marriage Act or as provided in Section 15 of the Illinois Parentage
Act of 1984, shall forward to the Secretary of State, on a form
prescribed by the Secretary, an authenticated document certifying the
court's order suspending the driving privileges of the obligor. For
any such certification, the clerk of the court shall charge the
obligor a fee of $5 as provided in the Clerks of Courts Act.
(b) If an obligor has been adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation or more but has not been held in contempt of court, the
circuit court may order that the obligor's driving privileges be
suspended. If the circuit court orders that the obligor's driving
privileges be suspended, it shall forward to the Secretary of State,
on a form prescribed by the Secretary, an authenticated document
certifying the court's order suspending the driving privileges of the
obligor. The authenticated document shall be forwarded to the
Secretary of State by the court no later than 45 days after entry of
the order suspending the obligor's driving privileges.
(Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(625 ILCS 5/7-705.1 new)
Sec. 7-705.1. Notice of noncompliance with support order.
Before forwarding to the Secretary of State the authenticated
document under subsection (b) of Section 7-703, the circuit court
must serve notice upon the obligor of its intention to suspend the
obligor's driver's license for being adjudicated in arrears in court
ordered child support payments in an amount equal to 90 days
obligation. The notice must inform the obligor that:
(a) If the obligor is presently unable to pay all past-due
support, the obligor may come into compliance with the support order
by executing a written payment agreement with the court, as provided
in Section 7-702.2, and by complying with that agreement;
(b) The obligor may contest the issue of compliance at a
hearing;
(c) A request for a hearing must be made in writing and must be
received by the clerk of the circuit court;
(d) If the obligor does not request a hearing to contest the
issue of compliance within 45 days after the notice of noncompliance
is mailed, the court may order that the obligor's driver's license be
suspended as provided for in subsection (b) of Section 7-703:
(e) If the circuit court certifies the obligor to the Secretary
of State for noncompliance with an order of support, the Secretary of
State must suspend any driver's license or instruction permit the
obligor holds and the obligor's right to apply for or obtain a
driver's license or instruction permit until the obligor comes into
compliance with the order of support;
(f) If the obligor files a motion to modify support with the
court or requests the court to modify a support obligation, the
circuit court shall stay action to certify the obligor to the
Secretary of State for noncompliance with an order of support; and
(g) The obligor may comply with an order of support by doing all
6246 JOURNAL OF THE [May 27, 1999]
of the following:
(1) Paying the current support;
(2) Paying all past-due support or, if unable to pay all
past-due support and a periodic payment for past due support has
not been ordered by the court, by making periodic payments in
accordance with a written payment agreement approved by the
court; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the
clerk of the circuit court. The clerk of the circuit court shall
attach a copy of the obligor's order of support to the notice. The
notice must be served by certified mail, return receipt requested, by
service in hand, or as specified in the Code of Civil Procedure.
(625 ILCS 5/7-706.1 new)
Sec. 7-706.1. Hearing for compliance with support order.
(a) An obligor may request in writing to the clerk of the
circuit court a hearing to contest the claim of noncompliance with an
order of support and his or her subsequent driver's license
suspension under subsection (b) of Section 7-702.
(b) If a written request for a hearing is received by the clerk
of the circuit court, the clerk of the circuit court shall set the
hearing before the circuit court.
(c) Upon the obligor's written request, the court must set a
date for a hearing and afford the obligor an opportunity for a
hearing as early as practical.
(d) The scope of this hearing is limited to the following
issues:
(1) Whether the obligor is required to pay child support
under an order of support.
(2) Whether the obligor has been adjudicated in arrears in
court ordered child support payments in an amount equal to 90
days obligation or more.
(3) Any additional issues raised by the obligor, including
the reasonableness of a payment agreement in light of the
obligor's current financial circumstances, to be preserved for
appeal.
(e) All hearings and hearing procedures shall comply with
requirements of the Illinois Constitution and the United States
Constitution, so that no person is deprived of due process of law nor
denied equal protection of the laws. All hearings shall be held
before a judge of the circuit court in the county in which the
support order has been entered. Appropriate records of the hearings
shall be kept. Where a transcript of the hearing is taken, the
person requesting the hearing shall have the opportunity to order a
copy of the transcript at his or her own expense.
(f) The action of the circuit court resulting in the suspension
of any driver's license shall be a final judgment for purposes of
appellate review.
Section 955. The Unified Code of Corrections is amended by
changing Section 3-5-4 as follows:
(730 ILCS 5/3-5-4)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois Department
of Public Aid information that may be necessary for the enforcement
of child support orders entered pursuant to the Illinois Public Aid
Code, the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment
Act, the Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
HOUSE OF REPRESENTATIVES 6247
(b) Notwithstanding any provisions in this Code to the contrary,
the Department shall not be liable to any person for any disclosure
of information to the Illinois Department of Public Aid under
subsection (a) or for any other action taken in good faith to comply
with the requirements of subsection (a).
(Source: P.A. 90-18, eff. 1-1-97.)
Section 960. The Code of Civil Procedure is amended by changing
Sections 2-1403 and 12-819 as follows:
(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403. Judgment debtor as beneficiary of trust. No court,
except as otherwise provided in this Section, shall order the
satisfaction of a judgment out of any property held in trust for the
judgment debtor if such trust has, in good faith, been created by, or
the fund so held in trust has proceeded from, a person other than the
judgment debtor. The income or principal of a trust shall be
subject to withholding for the purpose of securing collection of
unpaid child support obligations owed by the beneficiary as provided
in Section 4.1 of the "Non-Support of Spouse and Children Act",
Section 22 of the Non-Support Punishment Act, and similar Sections of
other Acts which provide for support of a child as follows:
(1) income may be withheld if the beneficiary is entitled to a
specified dollar amount or percentage of the income of the trust, or
is the sole income beneficiary; and
(2) principal may be withheld if the beneficiary has a right to
withdraw principal, but not in excess of the amount subject to
withdrawal under the instrument, or if the beneficiary is the only
beneficiary to whom discretionary payments of principal may be made
by the trustee.
(Source: P.A. 85-1209.)
(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on part 8 of Article XII. The
provisions of this Part 8 of Article XII of this Act do not apply to
orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and Children
Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 84-1043.)
Section 965. The Illinois Wage Assignment Act is amended by
changing Section 11 as follows:
(740 ILCS 170/11) (from Ch. 48, par. 39.12)
Sec. 11. The provisions of this Act do not apply to orders for
withholding of income entered by the court under provisions of The
Illinois Public Aid Code, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Revised Uniform Reciprocal
Enforcement of Support Act and the Paternity Act for support of a
child or maintenance of a spouse.
(Source: P.A. 83-658.)
Section 970. The Illinois Marriage and Dissolution of Marriage
Act is amended by changing Section 713 as follows:
(750 ILCS 5/713) (from Ch. 40, par. 713)
Sec. 713. Attachment of the Body. As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.
(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and
after due notice thereof, the court may enter an order for the
attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor either (1) by prepaid certified mail
6248 JOURNAL OF THE [May 27, 1999]
with delivery restricted to the obligor, or (2) by personal service
on the obligor. The attachment order shall fix an amount of escrow
which is equal to a minimum of 20% of the total child support
arrearage alleged by the obligee in sworn testimony to be due and
owing. The attachment order shall direct the Sheriff of any county
in Illinois to take the obligor into custody and shall set the number
of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (c)
of this Section.
(b) If the obligor is taken into custody, the Sheriff shall take
the obligor before the court which entered the attachment order.
However, the Sheriff may release the person after he or she has
deposited the amount of escrow ordered by the court pursuant to local
procedures for the posting of bond. The Sheriff shall advise the
obligor of the hearing date at which the obligor is required to
appear.
(c) Any escrow deposited pursuant to this Section shall be
transmitted to the Clerk of the Circuit Court for the county in which
the order for attachment of the body of the obligor was entered. Any
Clerk who receives money deposited into escrow pursuant to this
Section shall notify the obligee, public office or legal counsel
whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into
escrow. The Clerk shall disburse such money to the obligee only under
an order from the court that entered the attachment order pursuant to
this Section.
(d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the
attachment of his body, the court shall:
(1) hold a hearing on the complaint or petition that gave
rise to the attachment order. For purposes of determining
arrearages that are due and owing by the obligor, the court shall
accept the previous sworn testimony of the obligee as true and
the appearance of the obligee shall not be required. The court
shall require sworn testimony of the obligor as to his or her
Social Security number, income, employment, bank accounts,
property and any other assets. If there is a dispute as to the
total amount of arrearages, the court shall proceed as in any
other case as to the undisputed amounts; and
(2) order the Clerk of the Circuit Court to disburse to the
obligee or public office money held in escrow pursuant to this
Section if the court finds that the amount of arrearages exceeds
the amount of the escrow. Amounts received by the obligee or
public office shall be deducted from the amount of the
arrearages.
(e) If the obligor fails to appear in court after being notified
of the court date by the Sheriff upon release from custody, the court
shall order any monies deposited into escrow to be immediately
released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the
attachment of the body of the obligor.
(f) This Section shall apply to any order for support issued
under the "Illinois Marriage and Dissolution of Marriage Act",
approved September 22, 1977, as amended; the "Illinois Parentage Act
of 1984", effective July 1, 1985, as amended; the "Revised Uniform
Reciprocal Enforcement of Support Act", approved August 28, 1969, as
amended; "The Illinois Public Aid Code", approved April 11, 1967, as
amended; the Non-Support Punishment Act; and the "Non-support of
Spouse and Children Act", approved June 8, 1953, as amended.
(g) Any escrow established pursuant to this Section for the
purpose of providing support shall not be subject to fees collected
HOUSE OF REPRESENTATIVES 6249
by the Clerk of the Circuit Court for any other escrow.
(Source: P.A. 90-673, eff. 1-1-99.)
Section 975. The Uniform Interstate Family Support Act is
amended by changing Section 101 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the age of 18,
who is or is alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the
state in which the child lived from birth with any of them. A period
of temporary absence of any of them is counted as part of the 6-month
or other period.
"Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding
for support under the law of this State.
"Income-withholding order" means an order or other legal process
directed to an obligor's employer or other debtor, as defined by the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Illinois
Public Aid Code, and the Illinois Parentage Act of 1984, to withhold
support from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a
responding state under this Act or a law or procedure substantially
similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support order
or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(ii) a state or political subdivision to which the rights
under a duty of support or support order have been assigned or
which has independent claims based on financial assistance
provided to an individual obligee; or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a decedent: (i)
who owes or is alleged to owe a duty of support; (ii) who is alleged
but has not been adjudicated to be a parent of a child; or (iii) who
is liable under a support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign Support
Orders.
"Registering tribunal" means a tribunal in which a support order
is registered.
"Responding state" means a state in which a proceeding is filed
6250 JOURNAL OF THE [May 27, 1999]
or to which a proceeding is forwarded for filing from an initiating
state under this Act or a law or procedure substantially similar to
this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a spouse or
former spouse of the obligor.
"State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes:
(i) an Indian tribe; and
(ii) a foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under
this Act, the Uniform Reciprocal Enforcement of Support Act, or
the Revised Uniform Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or agency
authorized to seek:
(1) enforcement of support orders or laws relating to the duty
of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order, whether
temporary, final, or subject to modification, for the benefit of a
child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorney's
fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97.)
Section 980. The Illinois Parentage Act of 1984 is amended by
changing Section 6 as follows:
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship by
Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of the
Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code.
The voluntary acknowledgment of parentage shall contain the social
security numbers of the persons signing the voluntary acknowledgment
of parentage; however, failure to include the social security numbers
of the persons signing a voluntary acknowledgment of parentage does
not invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act, paternity
established in accordance with subsection (a) has the full force and
effect of a judgment entered under this Act and serves as a basis for
seeking a child support order without any further proceedings to
establish paternity.
(c) A judicial or administrative proceeding to ratify paternity
established in accordance with subsection (a) is neither required nor
permitted.
(d) A signed acknowledgment of paternity entered under this Act
may be challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of the challenge to the
acknowledgment of paternity, the legal responsibilities of the
HOUSE OF REPRESENTATIVES 6251
signatories shall remain in full force and effect, except upon order
of the court upon a showing of good cause.
(e) Once a parent and child relationship is established in
accordance with subsection (a), an order for support may be
established pursuant to a petition to establish an order for support
by consent filed with the clerk of the circuit court. A copy of the
properly completed acknowledgment of parentage form shall be attached
to the petition. The petition shall ask that the circuit court enter
an order for support. The petition may ask that an order for
visitation, custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall be
waived for all cases in which an acknowledgment of parentage form has
been properly completed by the parties and in which a petition to
establish an order for support by consent has been filed with the
clerk of the circuit court. This subsection shall not be construed
to prohibit filing any petition for child support, visitation, or
custody under this Act, the Illinois Marriage and Dissolution of
Marriage Act, or the Non-Support Punishment of Spouse and Children
Act. This subsection shall also not be construed to prevent the
establishment of an administrative support order in cases involving
persons receiving child support enforcement services under Article X
of the Illinois Public Aid Code.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
Section 985. The Business Corporation Act of 1983 is amended by
changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of information.
(a) The Secretary of State shall publish each year a list of
corporations filing an annual report for the preceding year in
accordance with the provisions of this Act, which report shall state
the name of the corporation and the respective names and addresses of
the president, secretary, and registered agent thereof and the
address of the registered office in this State of each such
corporation. The Secretary of State shall furnish without charge a
copy of such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or department
requesting the same. The Secretary of State shall, upon receipt of a
written request and a fee as determined by the Secretary, furnish
such report to anyone else.
(b) (1) The Secretary of State shall publish daily a list of all
newly formed corporations, business and not for profit, chartered by
him on that day issued after receipt of the application. The daily
list shall contain the same information as to each corporation as is
provided for the corporation list published under subsection (a) of
this Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency, or local
government for a reasonable charge to be determined by the Secretary.
Inspection of the daily list may be made at the Secretary's office
during normal business hours without charge by any person, newspaper,
State department or agency, or local government.
(2) The Secretary shall compile the daily list mentioned in
paragraph (1) of subsection (b) of this Section monthly, or more
often at the Secretary's discretion. The compilation shall be
immediately mailed free of charge to all local governments requesting
in writing receipt of such publication, or shall be automatically
mailed by the Secretary without charge to local governments as
determined by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or agencies
making a written request. A request for a compilation of the daily
list once made by a local government or State department or agency
need not be renewed. However, the Secretary may request from time to
6252 JOURNAL OF THE [May 27, 1999]
time whether the local governments or State departments or agencies
desire to continue receiving the compilation.
(3) The compilations of the daily list mentioned in paragraph
(2) of subsection (b) of this Section shall be mailed to newspapers,
or any other person not included as a recipient in paragraph (2) of
subsection (b) of this Section, upon receipt of a written application
signed by the applicant and accompanied by the payment of a fee as
determined by the Secretary.
(c) If a domestic or foreign corporation has filed with the
Secretary of State an annual report for the preceding year or has
been newly formed or is otherwise and in any manner registered with
the Secretary of State, the Secretary of State shall exchange with
the Illinois Department of Public Aid any information concerning that
corporation that may be necessary for the enforcement of child
support orders entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 990. The Limited Liability Company Act is amended by
changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange of
information.
(a) The Secretary of State may publish a list or lists of
limited liability companies and foreign limited liability companies,
as often, in the format, and for the fees as the Secretary of State
may in his or her discretion provide by rule. The Secretary of State
may disseminate information concerning limited liability companies
and foreign limited liability companies by computer network in the
format and for the fees as may be determined by rule.
(b) Upon written request, any list published under subsection
(a) shall be free to each member of the General Assembly, to each
State agency or department, and to each recorder in this State. An
appropriate fee established by rule to cover the cost of producing
the list shall be charged to all others.
(c) If a domestic or foreign limited liability company has filed
with the Secretary of State an annual report for the preceding year
or has been newly formed or is otherwise and in any manner registered
with the Secretary of State, the Secretary of State shall exchange
with the Illinois Department of Public Aid any information concerning
that limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the Illinois
Public Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support
Act, the Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary, the
Secretary of State shall not be liable to any person for any
disclosure of information to the Illinois Department of Public Aid
under this subsection or for any other action taken in good faith to
comply with the requirements of this subsection.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/Act rep.)
HOUSE OF REPRESENTATIVES 6253
Section 992. Repealer. The Non-Support of Spouse and Children
Act is repealed.
Section 995. Certain actions to be determined under prior law.
An action that was commenced under the Non-Support of Spouse and
Children Act and is pending on the effective date of this Act shall
be decided in accordance with the Non-Support of Spouse and Children
Act as it existed immediately before its repeal by this Act.
Section 999. Effective date. This Act takes effect on October
1, 1999, except that Section 945 takes effect July 1, 2000.".
Submitted on May 26, 1999
s/Sen. Patrick O'Malley s/Rep. Louis Lang
s/Sen. Carl Hawkinson s/Rep. Thomas Dart
s/Sen. Kirk Dillard Rep. Barbara Flynn Currie
s/Sen. Barack Obama s/Rep. Art Tenhouse
s/Sen. John Cullerton s/Rep. Eileen Lyons
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. 24
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 24
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 24, recommend the following:
(1) that the House recede from House Amendment No. 1; and
(2) that Senate Bill 24 be amended by replacing everything after
the enacting clause with the following:
"Section 5. The Public Utilities Act is amended by changing
Sections 16-102, 16-104, 16-108, 16-110, 16-111, 16-115, and 16-130
and adding Sections 16-111.1, 16-111.2, and 16-114.1 as follows:
(220 ILCS 5/16-102)
Sec. 16-102. Definitions. For the purposes of this Article the
following terms shall be defined as set forth in this Section.
"Alternative retail electric supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm, partnership,
individual, or other entity, their lessees, trustees, or receivers
appointed by any court whatsoever, that offers electric power or
energy for sale, lease or in exchange for other value received to one
or more retail customers, or that engages in the delivery or
furnishing of electric power or energy to such retail customers, and
shall include, without limitation, resellers, aggregators and power
marketers, but shall not include (i) electric utilities (or any agent
of the electric utility to the extent the electric utility provides
tariffed services to retail customers through that agent), (ii) any
6254 JOURNAL OF THE [May 27, 1999]
electric cooperative or municipal system as defined in Section 17-100
to the extent that the electric cooperative or municipal system is
serving retail customers within any area in which it is or would be
entitled to provide service under the law in effect immediately prior
to the effective date of this amendatory Act of 1997, (iii) a public
utility that is owned and operated by any public institution of
higher education of this State, or a public utility that is owned by
such public institution of higher education and operated by any of
its lessees or operating agents, within any area in which it is or
would be entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act of
1997, (iv) a any retail customer to the extent that customer obtains
its electric power and energy from that customer's its own
cogeneration or self-generation facilities, (v) an any entity that
owns, operates, sells, or arranges for the installation of a
customer's own cogeneration or self-generation facilities to be owned
by a retail customer described in subparagraph (iv), but only to the
extent the entity is engaged in owning, selling or arranging for the
such installation of such facility, or operating the facility on
behalf of such customer, provided however that any such third party
owner or operator of a facility built after January 1, 1999, complies
with the labor provisions of Section 16-128(a) as though such third
party were an alternative retail electric supplier, or (vi) an
industrial or manufacturing customer that owns its own distribution
facilities, to the extent that the customer provides service from
that distribution system to a third-party contractor located on the
customer's premises that is integrally and predominantly engaged in
the customer's industrial or manufacturing process; provided, that if
the industrial or manufacturing customer has elected delivery
services, the customer shall pay transition charges applicable to the
electric power and energy consumed by the third-party contractor
unless such charges are otherwise paid by the third party contractor,
which shall be calculated based on the usage of, and the base rates
or the contract rates applicable to, the third-party contractor in
accordance with Section 16-102.
"Base rates" means the rates for those tariffed services that the
electric utility is required to offer pursuant to subsection (a) of
Section 16-103 and that were identified in a rate order for
collection of the electric utility's base rate revenue requirement,
excluding (i) separate automatic rate adjustment riders then in
effect, (ii) special or negotiated contract rates, (iii) delivery
services tariffs filed pursuant to Section 16-108, (iv) real-time
pricing, or (v) tariffs that were in effect prior to October 1, 1996
and that based charges for services on an index or average of other
utilities' charges, but including (vi) any subsequent redesign of
such rates for tariffed services that is authorized by the Commission
after notice and hearing.
"Competitive service" includes (i) any service that has been
declared to be competitive pursuant to Section 16-113 of this Act,
(ii) contract service, and (iii) services, other than tariffed
services, that are related to, but not necessary for, the provision
of electric power and energy or delivery services.
"Contract service" means (1) services, including the provision of
electric power and energy or other services, that are provided by
mutual agreement between an electric utility and a retail customer
that is located in the electric utility's service area, provided
that, delivery services shall not be a contract service until such
services are declared competitive pursuant to Section 16-113; and
also means (2) the provision of electric power and energy by an
electric utility to retail customers outside the electric utility's
service area pursuant to Section 16-116. Provided, however, contract
HOUSE OF REPRESENTATIVES 6255
service does not include electric utility services provided pursuant
to (i) contracts that retail customers are required to execute as a
condition of receiving tariffed services, or (ii) special or
negotiated rate contracts for electric utility services that were
entered into between an electric utility and a retail customer prior
to the effective date of this amendatory Act of 1997 and filed with
the Commission.
"Delivery services" means those services provided by the electric
utility that are necessary in order for the transmission and
distribution systems to function so that retail customers located in
the electric utility's service area can receive electric power and
energy from suppliers other than the electric utility, and shall
include, without limitation, standard metering and billing services.
"Electric utility" means a public utility, as defined in Section
3-105 of this Act, that has a franchise, license, permit or right to
furnish or sell electricity to retail customers within a service
area.
"Mandatory transition period" means the period from the effective
date of this amendatory Act of 1997 through January 1, 2005.
"Municipal system" shall have the meaning set forth in Section
17-100.
"Real-time pricing" means charges for delivered electric power
and energy that vary on an hour-to-hour basis for nonresidential
retail customers and that vary on a periodic basis during the day for
residential retail customers.
"Retail customer" means a single entity using electric power or
energy at a single premises and that (A) either (i) is receiving or
is eligible to receive tariffed services from an electric utility,
or (ii) that is served by a municipal system or electric cooperative
within any area in which the municipal system or electric cooperative
is or would be entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act of
1997, or (B) an entity which on the effective date of this Act was
receiving electric service from a public utility and (i) was engaged
in the practice of resale and redistribution of such electricity
within a building prior to January 2, 1957, or (ii) was providing
lighting services to tenants in a multi-occupancy building, but only
to the extent such resale, redistribution or lighting service is
authorized by the electric utility's tariffs that were on file with
the Commission on the effective date of this Act.
"Service area" means (i) the geographic area within which an
electric utility was lawfully entitled to provide electric power and
energy to retail customers as of the effective date of this
amendatory Act of 1997, and includes (ii) the location of any retail
customer to which the electric utility was lawfully providing
electric utility services on such effective date.
"Small commercial retail customer" means those nonresidential
retail customers of an electric utility consuming 15,000
kilowatt-hours or less of electricity annually in its service area.
"Tariffed service" means services provided to retail customers by
an electric utility as defined by its rates on file with the
Commission pursuant to the provisions of Article IX of this Act, but
shall not include competitive services.
"Transition charge" means a charge expressed in cents per
kilowatt-hour that is calculated for a customer or class of customers
as follows for each year in which an electric utility is entitled to
recover transition charges as provided in Section 16-108:
(1) the amount of revenue that an electric utility would
receive from the retail customer or customers if it were serving
such customers' electric power and energy requirements as a
tariffed service based on (A) all of the customers' actual usage
6256 JOURNAL OF THE [May 27, 1999]
during the 3 years ending 90 days prior to the date on which such
customers were first eligible for delivery services pursuant to
Section 16-104, and (B) on (i) the base rates in effect on
October 1, 1996 (adjusted for the reductions required by
subsection (b) of Section 16-111, for any reduction resulting
from a rate decrease under Section 16-101(b), for any restatement
of base rates made in conjunction with an elimination of the fuel
adjustment clause pursuant to subsection (b), (d), or (f) of
Section 9-220 and for any removal of decommissioning costs from
base rates pursuant to Section 16-114) and any separate automatic
rate adjustment riders (other than a decommissioning rate as
defined in Section 16-114) under which the customers were
receiving or, had they been customers, would have received
electric power and energy from the electric utility during the
year immediately preceding the date on which such customers were
first eligible for delivery service pursuant to Section 16-104,
or (ii) to the extent applicable, any contract rates, including
contracts or rates for consolidated or aggregated billing, under
which such customers were receiving electric power and energy
from the electric utility during such year;
(2) less the amount of revenue, other than revenue from
transition charges and decommissioning rates, that the electric
utility would receive from such retail customers for delivery
services provided by the electric utility, assuming such
customers were taking delivery services for all of their usage,
based on the delivery services tariffs in effect during the year
for which the transition charge is being calculated and on the
usage identified in paragraph (1);
(3) less the market value for the electric power and energy
that the electric utility would have used to supply all of such
customers' electric power and energy requirements, as a tariffed
service, based on the usage identified in paragraph (1), with
such market value determined in accordance with Section 16-112 of
this Act;
(4) less the following amount which represents the amount
to be attributed to new revenue sources and cost reductions by
the electric utility through the end of the period for which
transition costs are recovered pursuant to Section 16-108,
referred to in this Article XVI as a "mitigation factor":
(A) for nonresidential retail customers, an amount
equal to the greater of (i) 0.5 cents per kilowatt-hour
during the period October 1, 1999 through December 31, 2004,
0.6 cents per kilowatt-hour in calendar year 2005, and 0.9
cents per kilowatt-hour in calendar year 2006, multiplied in
each year by the usage identified in paragraph (1), or (ii)
an amount equal to the following percentages of the amount
produced by applying the applicable base rates (adjusted as
described in subparagraph (1)(B)) or contract rate to the
usage identified in paragraph (1): 8% for the period October
1, 1999 through December 31, 2002, 10% in calendar years
2003 and 2004, 11% in calendar year 2005 and 12% in calendar
year 2006; and
(B) for residential retail customers, an amount equal
to the following percentages of the amount produced by
applying the base rates in effect on October 1, 1996
(adjusted as described in subparagraph (1)(B)) to the usage
identified in paragraph (1): (i) 6% from May 1, 2002 through
December 31, 2002, (ii) 7% in calendar years 2003 and 2004,
(iii) 8% in calendar year 2005, and (iv) 10% in calendar
year 2006;
(5) divided by the usage of such customers identified in
HOUSE OF REPRESENTATIVES 6257
paragraph (1),
provided that the transition charge shall never be less than zero.
"Unbundled service" means a component or constituent part of a
tariffed service which the electric utility subsequently offers
separately to its customers.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-104)
Sec. 16-104. Delivery services transition plan. An electric
utility shall provide delivery services to retail customers in
accordance with the provisions of this Section.
(a) Each electric utility shall offer delivery services to
retail customers located in its service area in accordance with the
following provisions:
(1) On or before October 1, 1999, the electric utility
shall offer delivery services (i) to any non-residential retail
customer whose average monthly maximum electrical demand on the
electric utility's system during the 6 months with the customer's
highest monthly maximum demands in the 12 months ending June 30,
1999 equals or exceeds 4 megawatts; (ii) to any non-governmental,
non-residential, commercial retail customers under common
ownership doing business at 10 or more separate locations within
the electric utility's service area, if the aggregate coincident
average monthly maximum electrical demand of all such locations
during the 6 months with the customer's highest monthly maximum
electrical demands during the 12 months ending June 30, 1999
equals or exceeds 9.5 megawatts, provided, however, that an
electric utility's obligation to offer delivery services under
this clause (ii) shall not exceed 3.5% of the maximum electric
demand on the electric utility's system in the 12 months ending
June 30, 1999; and (iii) to non-residential retail customers
whose annual electric energy use comprises 33% of the
kilowatt-hour sales, excluding the kilowatt-hour sales to
customers described in clauses (i) and (ii), to each
non-residential retail customer class of the electric utility.
(2) On or before October 1, 2000, the electric utility
shall offer delivery services to the eligible governmental
customers described in subsections (a) and (b) of Section 16-125A
if the aggregate coincident average monthly maximum electrical
demand of such customers during the 6 months with the customers'
highest monthly maximum electrical demands during the 12 months
ending June 30, 2000 equals or exceeds 9.5 megawatts.
(2.5) On or before June 1, 2000, an electric utility
serving more than 1,000,000 customers in this State shall offer
delivery services to retail customers whose annual electric
energy use comprises 33% of the kilowatt hour sales to that group
of retail customers that are classified under Division D, Groups
20 through 39 of the Standard Industrial Classifications set
forth in the Standard Industrial Classification Manual published
by the United States Office of Management and Budget, excluding
the kilowatt-hour sales to those customers that are eligible for
delivery services pursuant to clause (1)(i), and shall offer
delivery services to its remaining retail customers classified
under Division D, Groups 20 through 39 on or before October 1,
2000.
(3) On or before December 31, 2000, the electric utility
shall offer delivery services to all remaining nonresidential
retail customers in its service area.
(4) On or before May 1, 2002, the electric utility shall
offer delivery services to all residential retail customers in
its service area.
The loads and kilowatt-hour sales used for purposes of this
6258 JOURNAL OF THE [May 27, 1999]
subsection shall be those for the 12 months ending June 30, 1999 for
nonresidential retail customers. The electric utility shall identify
those customers to be offered delivery service pursuant to clause
(1)(iii) and paragraph (2.5) of subsection (a) of this Section and
Section 16-111(e)(B)(iii) pursuant to a lottery or other random
nondiscriminatory selection process set forth in the electric
utility's delivery services implementation plan pursuant to Section
16-105, which process may include a registration process giving each
nonresidential customer the opportunity to register for eligibility
for delivery services under this Section, with a lottery of
registered customers to be conducted if the annual electric energy
use of all registered customers exceeds the limit set forth in clause
(1)(iii) or clause (2.5) or Section 16-111(e)(B)(iii), as applicable;
provided that the provision of this amendatory Act of 1999 as it
relates to the registration and lottery process under clause (1)(iii)
is not intended to nor does it make any change in the meaning of this
Section, but is intended to remove possible ambiguities, thereby
confirming the existing meaning of this Section prior to the
effective date of this amendatory Act of 1999. Provided, that
non-residential retail customers under common ownership at separate
locations within the electric utility's service area may elect, prior
to the date the electric utility conducts the lottery or other random
selection process for purposes of clause (1)(iii), to designate
themselves as a common ownership group, to be excluded from such
lottery and to instead participate in a separate lottery for such
common ownership group pursuant to which delivery services will be
offered to non-residential retail customers comprising 33% of the
total kilowatt-hour sales to the common ownership group on or before
October 1, 1999. For purposes of this subsection (a), an electric
utility may define "common ownership" to exclude sites which are not
part of the same business, provided, that auxiliary establishments as
defined in the Standard Industrial Classification Manual published by
the United States Office of Management and Budget shall not be
excluded.
(b) The electric utility shall allow the aggregation of loads
that are eligible for delivery services so long as such aggregation
meets the criteria for delivery of electric power and energy
applicable to the electric utility established by the regional
reliability council to which the electric utility belongs, by an
independent system operating organization to which the electric
utility belongs, or by another organization responsible for
overseeing the integrity and reliability of the transmission system,
as such criteria are in effect from time to time. The Commission may
adopt rules and regulations governing the criteria for aggregation of
the loads utilizing delivery services, but its failure to do so shall
not preclude any eligible customer from electing delivery services.
The electric utility shall allow such aggregation for any voluntary
grouping of customers, including without limitation those having a
common agent with contractual authority to purchase electric power
and energy and delivery services on behalf of all customers in the
grouping.
(c) An electric utility shall allow a retail customer that
generates power for its own use to include the electrical demand
obtained from the customer's cogeneration or self-generation
facilities that is coincident with the retail customer's maximum
monthly electrical demand on the electric utility's system in any
determination of the customer's maximum monthly electrical demand for
purposes of determining when such retail customer shall be offered
delivery services pursuant to clause (i) of subparagraph (1) of
subsection (a) of this Section.
(d) The Commission shall establish charges, terms and conditions
HOUSE OF REPRESENTATIVES 6259
for delivery services in accordance with Section 16-108.
(e) Subject to the terms and conditions which the electric
utility is entitled to impose in accordance with Section 16-108, a
retail customer that is eligible to elect delivery services pursuant
to subsection (a) may place all or a portion of its electric power
and energy requirements on delivery services.
(f) An electric utility may require a retail customer who elects
to (i) use an alternative retail electric supplier or another
electric utility for some but not all of its electric power or energy
requirements, and (ii) use the electric utility for any portion of
its remaining electric power and energy requirements, to place the
portion of the customer's electric power or energy requirement that
is to be served by the electric utility on a tariff containing
charges that are set to recover the lowest reasonably available cost
to the electric utility of acquiring electric power and energy on the
wholesale electric market to serve such remaining portion of the
customer's electric power and energy requirement, reasonable
compensation for arranging for and providing such electric power or
energy, and the electric utility's other costs of providing service
to such remaining electric power and energy requirement.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-108)
Sec. 16-108. Recovery of costs associated with the provision of
delivery services.
(a) An electric utility shall file a delivery services tariff
with the Commission at least 210 days prior to the date that it is
required to begin offering such services pursuant to this Act. An
electric utility shall provide the components of delivery services
that are subject to the jurisdiction of the Federal Energy Regulatory
Commission at the same prices, terms and conditions set forth in its
applicable tariff as approved or allowed into effect by that
Commission. The Commission shall otherwise have the authority
pursuant to Article IX to review, approve, and modify the prices,
terms and conditions of those components of delivery services not
subject to the jurisdiction of the Federal Energy Regulatory
Commission, including the authority to determine the extent to which
such delivery services should be offered on an unbundled basis. In
making any such determination the Commission shall consider, at a
minimum, the effect of additional unbundling on (i) the objective of
just and reasonable rates, (ii) electric utility employees, and (iii)
the development of competitive markets for electric energy services
in Illinois.
(b) The Commission shall enter an order approving, or approving
as modified, the delivery services tariff no later than 30 days prior
to the date on which the electric utility must commence offering such
services. The Commission may subsequently modify such tariff
pursuant to this Act.
(c) The electric utility's tariffs shall define the classes of
its customers for purposes of delivery services charges. Delivery
services shall be priced and made available to all retail customers
electing delivery services in each such class on a nondiscriminatory
basis regardless of whether the retail customer chooses the electric
utility, an affiliate of the electric utility, or another entity as
its supplier of electric power and energy. Charges for delivery
services shall be cost based, and shall allow the electric utility to
recover the costs of providing delivery services through its charges
to its delivery service customers that use the facilities and
services associated with such costs. Such costs shall include the
costs of owning, operating and maintaining transmission and
distribution facilities. The Commission shall also be authorized to
consider whether, and if so to what extent, the following costs are
6260 JOURNAL OF THE [May 27, 1999]
appropriately included in the electric utility's delivery services
rates: (i) the costs of that portion of generation facilities used
for the production and absorption of reactive power in order that
retail customers located in the electric utility's service area can
receive electric power and energy from suppliers other than the
electric utility, and (ii) the costs associated with the use and
redispatch of generation facilities to mitigate constraints on the
transmission or distribution system in order that retail customers
located in the electric utility's service area can receive electric
power and energy from suppliers other than the electric utility.
Nothing in this subsection shall be construed as directing the
Commission to allocate any of the costs described in (i) or (ii) that
are found to be appropriately included in the electric utility's
delivery services rates to any particular customer group or
geographic area in setting delivery services rates.
(d) The Commission shall establish charges, terms and conditions
for delivery services that are just and reasonable and shall take
into account customer impacts when establishing such charges. In
establishing charges, terms and conditions for delivery services, the
Commission shall take into account voltage level differences. A
retail customer shall have the option to request to purchase electric
service at any delivery service voltage reasonably and technically
feasible from the electric facilities serving that customer's
premises provided that there are no significant adverse impacts upon
system reliability or system efficiency. A retail customer shall
also have the option to request to purchase electric service at any
point of delivery that is reasonably and technically feasible
provided that there are no significant adverse impacts on system
reliability or efficiency. Such requests shall not be unreasonably
denied.
(e) Electric utilities shall recover the costs of installing,
operating or maintaining facilities for the particular benefit of one
or more delivery services customers, including without limitation any
costs incurred in complying with a customer's request to be served at
a different voltage level, directly from the retail customer or
customers for whose benefit the costs were incurred, to the extent
such costs are not recovered through the charges referred to in
subsections (c) and (d) of this Section.
(f) An electric utility shall be entitled but not required to
implement transition charges in conjunction with the offering of
delivery services pursuant to Section 16-104. If an electric utility
implements transition charges, it shall implement such charges for
all delivery services customers and for all customers described in
subsection (h), but shall not implement transition charges for power
and energy that a retail customer takes from cogeneration or
self-generation facilities located on that retail customer's
premises, if such facilities meet the following criteria:
(i) the cogeneration or self-generation facilities serve a
single retail customer and are located on that retail customer's
premises (for purposes of this subparagraph and subparagraph
(ii), an industrial or manufacturing retail customer and a third
party contractor that is served by such industrial or
manufacturing customer through such retail customer's own
electrical distribution facilities under the circumstances
described in subsection (vi) of the definition of "alternative
retail electric supplier" set forth in Section 16-102, shall be
considered a single retail customer);
(ii) the cogeneration or self-generation facilities either
(A) are sized pursuant to generally accepted engineering
standards for the retail customer's electrical load at that
premises (taking into account standby or other reliability
HOUSE OF REPRESENTATIVES 6261
considerations related to that retail customer's operations at
that site) or (B) if the facility is a cogeneration facility
located on the retail customer's premises, the retail customer is
the thermal host for that facility and the facility has been
designed to meet that retail customer's thermal energy
requirements resulting in electrical output beyond that retail
customer's electrical demand at that premises, comply with the
operating and efficiency standards applicable to "qualifying
facilities" specified in title 18 Code of Federal Regulations
Section 292.205 as in effect on the effective date of this
amendatory Act of 1999;
(iii) the retail customer on whose premises the facilities
are located either has an exclusive right to receive, and
corresponding obligation to pay for, all of the electrical
capacity of the facility, or in the case of a cogeneration
facility that has been designed to meet the retail customer's
thermal energy requirements at that premises, an identified
amount of the electrical capacity of the facility, over a minimum
5-year period; and
(iv) if the cogeneration facility is sized for the retail
customer's thermal load at that premises but exceeds the
electrical load, any sales of excess power or energy are made
only at wholesale, are subject to the jurisdiction of the Federal
Energy Regulatory Commission, and are not for the purpose of
circumventing the provisions of this subsection (f).
If a generation facility located at a retail customer's premises does
not meet the above criteria, an electric utility implementing
transition charges shall implement a transition charge until December
31, 2006 for any power and energy taken by such retail customer from
such facility as if such power and energy had been delivered by the
electric utility. Provided, however, that an industrial retail
customer that is taking power from a generation facility that does
not meet the above criteria but that is located on such customer's
premises will not be subject to a transition charge for the power and
energy taken by such retail customer from such generation facility if
the facility does not serve any other retail customer and either was
installed on behalf of the customer and for its own use prior to
January 1, 1997, or is both predominantly fueled by byproducts of
such customer's manufacturing process at such premises and sells or
offers an average of 300 megawatts or more of electricity produced
from such generation facility into the wholesale market. Such charges
shall be calculated as provided in Section 16-102, and shall be
collected on each kilowatt-hour delivered under a delivery services
tariff to a retail customer from the date the customer first takes
delivery services until December 31, 2006 except as provided in
subsection (h) of this Section. Provided, however, that an electric
utility, other than an electric utility providing service to at least
1,000,000 customers in this State on January 1, 1999, shall be
entitled to petition for entry of an order by the Commission
authorizing the electric utility to implement transition charges for
an additional period ending no later than December 31, 2008. The
electric utility shall file its petition with supporting evidence no
earlier than 16 months, and no later than 12 months, prior to
December 31, 2006. The Commission shall hold a hearing on the
electric utility's petition and shall enter its order no later than 8
months after the petition is filed. The Commission shall determine
whether and to what extent the electric utility shall be authorized
to implement transition charges for an additional period. The
Commission may authorize the electric utility to implement transition
charges for some or all of the additional period, and shall determine
the mitigation factors to be used in implementing such transition
6262 JOURNAL OF THE [May 27, 1999]
charges; provided, that the Commission shall not authorize mitigation
factors less than 110% of those in effect during the 12 months ended
December 31, 2006. In making its determination, the Commission shall
consider the following factors: the necessity to implement
transition charges for an additional period in order to maintain the
financial integrity of the electric utility; the prudence of the
electric utility's actions in reducing its costs since the effective
date of this amendatory Act of 1997; the ability of the electric
utility to provide safe, adequate and reliable service to retail
customers in its service area; and the impact on competition of
allowing the electric utility to implement transition charges for the
additional period.
(g) The electric utility shall file tariffs that establish the
transition charges to be paid by each class of customers to the
electric utility in conjunction with the provision of delivery
services. The electric utility's tariffs shall define the classes of
its customers for purposes of calculating transition charges. The
electric utility's tariffs shall provide for the calculation of
transition charges on a customer-specific basis for any retail
customer whose average monthly maximum electrical demand on the
electric utility's system during the 6 months with the customer's
highest monthly maximum electrical demands equals or exceeds 3.0
megawatts for electric utilities having more than 1,000,000
customers, and for other electric utilities for any customer that has
an average monthly maximum electrical demand on the electric
utility's system of one megawatt or more, and (A) for which there
exists data on the customer's usage during the 3 years preceding the
date that the customer became eligible to take delivery services, or
(B) for which there does not exist data on the customer's usage
during the 3 years preceding the date that the customer became
eligible to take delivery services, if in the electric utility's
reasonable judgment there exists comparable usage information or a
sufficient basis to develop such information, and further provided
that the electric utility can require customers for which an
individual calculation is made to sign contracts that set forth the
transition charges to be paid by the customer to the electric utility
pursuant to the tariff.
(h) An electric utility shall also be entitled to file tariffs
that allow it to collect transition charges from retail customers in
the electric utility's service area that do not take delivery
services but that take electric power or energy from an alternative
retail electric supplier or from an electric utility other than the
electric utility in whose service area the customer is located. Such
charges shall be calculated, in accordance with the definition of
transition charges in Section 16-102, for the period of time that the
customer would be obligated to pay transition charges if it were
taking delivery services, except that no deduction for delivery
services revenues shall be made in such calculation, and usage data
from the customer's class shall be used where historical usage data
is not available for the individual customer. The customer shall be
obligated to pay such charges on a lump sum basis on or before the
date on which the customer commences to take service from the
alternative retail electric supplier or other electric utility,
provided, that the electric utility in whose service area the
customer is located shall offer the customer the option of signing a
contract pursuant to which the customer pays such charges ratably
over the period in which the charges would otherwise have applied.
(i) An electric utility shall be entitled to add to the bills of
delivery services customers charges pursuant to Sections 9-221, 9-222
(except as provided in Section 9-222.1), and Section 16-114 of this
Act, Section 5-5 of the Electricity Infrastructure Maintenance Fee
HOUSE OF REPRESENTATIVES 6263
Law, Section 6-5 of the Renewable Energy, Energy Efficiency, and Coal
Resources Development Law of 1997, and Section 13 of the Energy
Assistance Act of 1989.
(j) If a retail customer that obtains electric power and energy
from cogeneration or self-generation facilities installed for its own
use on or before January 1, 1997, subsequently takes service from an
alternative retail electric supplier or an electric utility other
than the electric utility in whose service area the customer is
located for any portion of the customer's electric power and energy
requirements formerly obtained from those facilities (including that
amount purchased from the utility in lieu of such generation and not
as standby power purchases, under a cogeneration displacement tariff
in effect as of the effective date of this amendatory Act of 1997),
the transition charges otherwise applicable pursuant to subsections
(f), (g), or (h) of this Section shall not be applicable in any year
to that portion of the customer's electric power and energy
requirements formerly obtained from those facilities, provided, that
for purposes of this subsection (j), such portion shall not exceed
the average number of kilowatt-hours per year obtained from the
cogeneration or self-generation facilities during the 3 years prior
to the date on which the customer became eligible for delivery
services, except as provided in subsection (f) of Section 16-110.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-110)
Sec. 16-110. Delivery services customer power purchase options.
(a) Each electric utility shall offer a tariffed service or
services in accordance with the terms and conditions set forth in
this Section pursuant to which its non-residential delivery services
customers may purchase from the electric utility an amount of
electric power and energy that is equal to or less than the amounts
that are delivered by such electric utility.
(b) Except as provided in subsection (o) of Section 16-112, a
non-residential delivery services customer that is paying transition
charges to the electric utility shall be permitted to purchase
electric power and energy from the electric utility at a price or
prices equal to the sum of (i) the market values that are determined
for the electric utility in accordance with Section 16-112 and used
by the electric utility to calculate the customer's transition
charges and (ii) a fee that compensates the electric utility for any
administrative costs it incurs in arranging to supply such electric
power and energy. The electric utility may require that the customer
purchase such electric power and energy for periods of not less than
one year and may also require that the customer give up to 30 days
notice for a purchase of one year's duration, and 90 days notice for
a purchase of more than one year's duration. A non-residential
delivery service customer exercising the option described in this
subsection may sell or assign its interests in the electric power or
energy that the customer has purchased. In the case of any such
assignment or sale by any non-residential delivery service customer
to an alternative retail electric supplier that is serving such
customer and has been certified pursuant to Section 16-115, an
electric utility serving more than 500,000 customers shall provide
such power and energy at the same market value as set forth in clause
(i) of this subsection, together with the fee charged under clause
(ii) of this subsection, less any costs included in such market value
or fee with respect to retail marketing activities, provided,
however, that in no event shall an electric utility be required after
June 1, 2002 to provide power and energy at this market value plus
fee that excludes marketing costs for any such assignment or sale by
a non-residential customer to an alternative retail electric
supplier. At least twice per year, each electric utility shall notify
6264 JOURNAL OF THE [May 27, 1999]
its small commercial retail customers, through bill inserts and other
similar means, of their option to obtain electric power and energy
through purchases at market value pursuant to this subsection.
(c) After the transition charge period applicable to a
non-residential delivery services customer, and until the provision
of electric power and energy is declared competitive for the customer
group to which the customer belongs, a non-residential delivery
services customer that paid any transition charges it was legally
obligated to pay to an electric utility shall be permitted to
purchase electric power and energy from the electric utility for
contract periods of one year at a price or prices equal to the sum of
(i) the market value determined for that customer's class pursuant to
Section 16-112 and (ii) to the extent it is not included in such
market value, a fee to compensate the electric utility for the
service of arranging the supply or purchase of such electric power
and energy. The electric utility may require that a delivery
services customer give the following notice for such a purchase: (i)
for a small commercial retail customer, not more than 30 days; (ii)
for a nonresidential customer which is not a small commercial retail
customer but which has maximum electrical demand of less than 500
kilowatts, not more than 6 months; (iii) for a nonresidential
customer with maximum electrical demand of 500 kilowatts or more but
less than one megawatt, not more than 9 months; and (iv) for a
nonresidential customer with maximum electrical demand of one
megawatt or more, not more than one year. At least twice per year,
each electric utility shall notify its small commercial retail
customers, through bill inserts or other similar means, of their
option to obtain electric power and energy through purchases at
market value pursuant to this subsection.
(d) After the transition charge period applicable to a
non-residential delivery services customer, and until the provision
of electric power and energy is declared competitive for the customer
group to which the customer belongs, a non-residential delivery
services customer, other than a small commercial retail customer,
that paid any transition charges it was legally obligated to pay to
an electric utility shall be permitted to purchase electric power and
energy from the electric utility for contract periods of one year at
a price or prices equal to (A) the sum of (i) the electric utility's
actual cost of procuring such electric power and energy and (ii) a
broker's fee to compensate the electric utility for arranging the
supply, or, if the utility so elects, (B) the market value of
electric power or energy provided by the electric utility determined
as set forth in the electric utility's tariff for that customer's
class. The electric utility may require that the delivery services
customer give up to 30 days notice for such a purchase.
(e) Each delivery services customer purchasing electric power
and energy from the electric utility pursuant to a tariff filed in
accordance with this Section shall also pay all of the applicable
charges set forth in the electric utility's delivery services tariffs
and any other tariffs applicable to the services provided to that
customer by the electric utility.
(f) An electric utility can require a retail customer taking
delivery services that formerly generated electric power and energy
for its own use and that would not otherwise pay transition charges
on a portion of its electric power and energy requirements served on
delivery services to pay transition charges on that portion of the
customer's electric power and energy requirements as a condition of
exercising the delivery services customer power purchase options set
forth in this Section.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-111)
HOUSE OF REPRESENTATIVES 6265
Sec. 16-111. Rates and restructuring transactions during
mandatory transition period.
(a) During the mandatory transition period, notwithstanding any
provision of Article IX of this Act, and except as provided in
subsections (b), (d), (e), and (f) of this Section, the Commission
shall not (i) initiate, authorize or order any change by way of
increase (other than in connection with a request for rate increase
which was filed after September 1, 1997 but prior to October 15,
1997, by an electric utility serving less than 12,500 customers in
this state), (ii) initiate or, unless requested by the electric
utility, authorize or order any change by way of decrease,
restructuring or unbundling (except as provided in Section 16-109A),
in the rates of any electric utility that were in effect on October
1, 1996, or (iii) in any order approving any application for a merger
pursuant to Section 7-204 that was pending as of May 16, 1997, impose
any condition requiring any filing for an increase, decrease, or
change in, or other review of, an electric utility's rates or enforce
any such condition of any such order; provided, however, that this
subsection shall not prohibit the Commission from:
(1) approving the application of an electric utility to
implement an alternative to rate of return regulation or a
regulatory mechanism that rewards or penalizes the electric
utility through adjustment of rates based on utility performance,
pursuant to Section 9-244;
(2) authorizing an electric utility to eliminate its fuel
adjustment clause and adjust its base rate tariffs in accordance
with subsection (b), (d), or (f) of Section 9-220 of this Act, to
fix its fuel adjustment factor in accordance with subsection (c)
of Section 9-220 of this Act, or to eliminate its fuel adjustment
clause in accordance with subsection (e) of Section 9-220 of this
Act;
(3) ordering into effect tariffs for delivery services and
transition charges in accordance with Sections 16-104 and 16-108,
for real-time pricing in accordance with Section 16-107, or the
options required by Section 16-110 and subsection (n) of 16-112,
allowing a billing experiment in accordance with Section 16-106,
or modifying delivery services tariffs in accordance with Section
16-109; or
(4) ordering or allowing into effect any tariff to recover
charges pursuant to Sections 9-201.5, 9-220.1, 9-221, 9-222
(except as provided in Section 9-222.1), 16-108, and 16-114 of
this Act, Section 5-5 of the Electricity Infrastructure
Maintenance Fee Law, Section 6-5 of the Renewable Energy, Energy
Efficiency, and Coal Resources Development Law of 1997, and
Section 13 of the Energy Assistance Act of 1989.
(b) Notwithstanding the provisions of subsection (a), each
Illinois electric utility serving more than 12,500 customers in
Illinois shall file tariffs (i) reducing, effective August 1, 1998,
each component of its base rates to residential retail customers by
15% from the base rates in effect immediately prior to January 1,
1998 and (ii) if the public utility provides electric service to (A)
more than 500,000 customers but less than 1,000,000 customers in this
State on January 1, 1999 the effective date of this amendatory Act of
1997, reducing, effective May 1, 2002, each component of its base
rates to residential retail customers by an additional 5% from the
base rates in effect immediately prior to January 1, 1998, or (B) at
least 1,000,000 customers in this State on January 1, 1999, reducing,
effective October 1, 2001, each component of its base rates to
residential retail customers by an additional 5% from the base rates
in effect immediately prior to January 1, 1998. Provided, however,
that (A) if an electric utility's average residential retail rate is
6266 JOURNAL OF THE [May 27, 1999]
less than or equal to the average residential retail rate for a group
of Midwest Utilities (consisting of all investor-owned electric
utilities with annual system peaks in excess of 1000 megawatts in the
States of Illinois, Indiana, Iowa, Kentucky, Michigan, Missouri,
Ohio, and Wisconsin), based on data reported on Form 1 to the Federal
Energy Regulatory Commission for calendar year 1995, then it shall
only be required to file tariffs (i) reducing, effective August 1,
1998, each component of its base rates to residential retail
customers by 5% from the base rates in effect immediately prior to
January 1, 1998, (ii) reducing, effective October 1, 2000, each
component of its base rates to residential retail customers by the
lesser of 5% of the base rates in effect immediately prior to January
1, 1998 or the percentage by which the electric utility's average
residential retail rate exceeds the average residential retail rate
of the Midwest Utilities, based on data reported on Form 1 to the
Federal Energy Regulatory Commission for calendar year 1999, and
(iii) reducing, effective October 1, 2002, each component of its base
rates to residential retail customers by an additional amount equal
to the lesser of 5% of the base rates in effect immediately prior to
January 1, 1998 or the percentage by which the electric utility's
average residential retail rate exceeds the average residential
retail rate of the Midwest Utilities, based on data reported on Form
1 to the Federal Energy Regulatory Commission for calendar year 2001;
and (B) if the average residential retail rate of an electric utility
serving between 150,000 and 250,000 retail customers in this State on
January 1, 1995 is less than or equal to 90% of the average
residential retail rate for the Midwest Utilities, based on data
reported on Form 1 to the Federal Energy Regulatory Commission for
calendar year 1995, then it shall only be required to file tariffs
(i) reducing, effective August 1, 1998, each component of its base
rates to residential retail customers by 2% from the base rates in
effect immediately prior to January 1, 1998; (ii) reducing, effective
October 1, 2000, each component of its base rates to residential
retail customers by 2% from the base rate in effect immediately prior
to January 1, 1998; and (iii) reducing, effective October 1, 2002,
each component of its base rates to residential retail customers by
1% from the base rates in effect immediately prior to January 1,
1998. Provided, further, that any electric utility for which a
decrease in base rates has been or is placed into effect between
October 1, 1996 and the dates specified in the preceding sentences of
this subsection, other than pursuant to the requirements of this
subsection, shall be entitled to reduce the amount of any reduction
or reductions in its base rates required by this subsection by the
amount of such other decrease. The tariffs required under this
subsection shall be filed 45 days in advance of the effective date.
Notwithstanding anything to the contrary in Section 9-220 of this
Act, no restatement of base rates in conjunction with the elimination
of a fuel adjustment clause under that Section shall result in a
lesser decrease in base rates than customers would otherwise receive
under this subsection had the electric utility's fuel adjustment
clause not been eliminated.
(c) Any utility reducing its base rates by 15% on August 1, 1998
pursuant to subsection (b) shall include the following statement on
its bills for residential customers from August 1 through December
31, 1998: "Effective August 1, 1998, your rates have been reduced by
15% by the Electric Service Customer Choice and Rate Relief Law of
1997 passed by the Illinois General Assembly.". Any utility reducing
its base rates by 5% on August 1, 1998, pursuant to subsection (b)
shall include the following statement on its bills for residential
customers from August 1 through December 31, 1998: "Effective August
1, 1998, your rates have been reduced by 5% by the Electric Service
HOUSE OF REPRESENTATIVES 6267
Customer Choice and Rate Relief Law of 1997 passed by the Illinois
General Assembly.".
Any utility reducing its base rates by 2% on August 1, 1998
pursuant to subsection (b) shall include the following statement on
its bills for residential customers from August 1 through December
31, 1998: "Effective August 1, 1998, your rates have been reduced by
2% by the Electric Service Customer Choice and Rate Relief Law of
1997 passed by the Illinois General Assembly.".
(d) During the mandatory transition period, but not before
January 1, 2000, and notwithstanding the provisions of subsection
(a), an electric utility may request an increase in its base rates if
the electric utility demonstrates that the 2-year average of its
earned rate of return on common equity, calculated as its net income
applicable to common stock divided by the average of its beginning
and ending balances of common equity using data reported in the
electric utility's Form 1 report to the Federal Energy Regulatory
Commission but adjusted to remove the effects of accelerated
depreciation or amortization or other transition or mitigation
measures implemented by the electric utility pursuant to subsection
(g) of this Section and the effect of any refund paid pursuant to
subsection (e) of this Section, is below the 2-year average for the
same 2 years of the monthly average yields of 30-year U.S. Treasury
bonds published by the Board of Governors of the Federal Reserve
System in its weekly H.15 Statistical Release or successor
publication. The Commission shall review the electric utility's
request, and may review the justness and reasonableness of all rates
for tariffed services, in accordance with the provisions of Article
IX of this Act, provided that the Commission shall consider any
special or negotiated adjustments to the revenue requirement agreed
to between the electric utility and the other parties to the
proceeding. In setting rates under this Section, the Commission
shall exclude the costs and revenues that are associated with
competitive services and any billing or pricing experiments conducted
under Section 16-106.
(e) For the purposes of this subsection (e) all calculations and
comparisons shall be performed for the Illinois operations of
multijurisdictional utilities. During the mandatory transition
period, notwithstanding the provisions of subsection (a), if the
2-year average of an electric utility's earned rate of return on
common equity, calculated as its net income applicable to common
stock divided by the average of its beginning and ending balances of
common equity using data reported in the electric utility's Form 1
report to the Federal Energy Regulatory Commission but adjusted to
remove the effect of any refund paid under this subsection (e), and
further adjusted to include the annual amortization of any difference
between the consideration received by an affiliated interest of the
electric utility in the sale of an asset which had been sold or
transferred by the electric utility to the affiliated interest
subsequent to the effective date of this amendatory Act of 1997 and
the consideration for which such asset had been sold or transferred
to the affiliated interest, with such difference to be amortized
ratably from the date of the sale by the affiliated interest to
December 31, 2006, exceeds the 2-year average of the Index for the
same 2 years by 1.5 or more percentage points, the electric utility
shall make refunds to customers beginning the first billing day of
April in the following year in the manner described in paragraph (3)
of this subsection. For purposes of this subsection (e), the "Index"
shall be the sum of (A) the average for the 12 months ended September
30 of the monthly average yields of 30-year U.S. Treasury bonds
published by the Board of Governors of the Federal Reserve System in
its weekly H.15 Statistical Release or successor publication for each
6268 JOURNAL OF THE [May 27, 1999]
year 1998 through 2004, and (B) (i) 4.00 percentage points for each
of the 12-month periods ending September 30, 1998 through September
30, 1999 or 8.00 percentage points if the electric utility's average
residential retail rate is less than or equal to 90% of the average
residential retail rate for the "Midwest Utilities", as that term is
defined in subsection (b) of this Section, based on data reported on
Form 1 to the Federal Energy Regulatory Commission for calendar year
1995, and the electric utility served between 150,000 and 250,000
retail customers on January 1, 1995, or (ii) 7.00 5.00 percentage
points for each of the 12-month periods ending September 30, 2000
through September 30, 2004 if the electric utility was providing
service to at least 1,000,000 customers in this State on January 1,
1999, or 9.00 percentage points if the electric utility's average
residential retail rate is less than or equal to 90% of the average
residential retail rate for the "Midwest Utilities", as that term is
defined in subsection (b) of this Section, based on data reported on
Form 1 to the Federal Energy Regulatory Commission for calendar year
1995 and the electric utility served between 150,000 and 250,000
retail customers in this State on January 1, 1995, (iii) 11.00
percentage points for each of the 12-month periods ending September
30, 2000 through September 30, 2004, but only if the electric
utility's average residential retail rate is less than or equal to
90% of the average residential retail rate for the "Midwest
Utilities", as that term is defined in subsection (b) of this
Section, based on data reported on Form 1 to the Federal Energy
Regulatory Commission for calendar year 1995, the electric utility
served between 150,000 and 250,000 retail customers in this State on
January 1, 1995, and the electric utility offers delivery services on
or before June 1, 2000 to retail customers whose annual electric
energy use comprises 33% of the kilowatt hour sales to that group of
retail customers that are classified under Division D, Groups 20
through 39 of the Standard Industrial Classifications set forth in
the Standard Industrial Classification Manual published by the United
States Office of Management and Budget, excluding the kilowatt hour
sales to those customers that are eligible for delivery services
pursuant to Section 16-104(a)(1)(i), and offers delivery services to
its remaining retail customers classified under Division D, Groups 20
through 39 on or before October 1, 2000, and, provided further, that
the electric utility commits not to petition pursuant to Section
16-108(f) for entry of an order by the Commission authorizing the
electric utility to implement transition charges for an additional
period after December 31, 2006, or (iv) 5.00 percentage points for
each of the 12-month periods ending September 30, 2000 through
September 30, 2004 for all other electric utilities or 7.00
percentage points for such utilities for each of the 12-month periods
ending September 30, 2000 through September 30, 2004 for any such
utility that commits not to petition pursuant to Section 16-108(f)
for entry of an order by the Commission authorizing the electric
utility to implement transition charges for an additional period
after December 31, 2006.
(1) For purposes of this subsection (e), "excess earnings"
means the difference between (A) the 2-year average of the
electric utility's earned rate of return on common equity, less
(B) the 2-year average of the sum of (i) the Index applicable to
each of the 2 years and (ii) 1.5 percentage points; provided,
that "excess earnings" shall never be less than zero.
(2) On or before March 31 of each year 2000 through 2005
each electric utility shall file a report with the Commission
showing its earned rate of return on common equity, calculated in
accordance with this subsection, for the preceding calendar year
and the average for the preceding 2 calendar years.
HOUSE OF REPRESENTATIVES 6269
(3) If an electric utility has excess earnings, determined
in accordance with paragraphs (1) and (2) of this subsection, the
refunds which the electric utility shall pay to its customers
beginning the first billing day of April in the following year
shall be calculated and applied as follows:
(i) The electric utility's excess earnings shall be
multiplied by the average of the beginning and ending
balances of the electric utility's common equity for the
2-year period in which excess earnings occurred.
(ii) The result of the calculation in (i) shall be
multiplied by 0.50 and then divided by a number equal to 1
minus the electric utility's composite federal and State
income tax rate.
(iii) The result of the calculation in (ii) shall be
divided by the sum of the electric utility's projected total
kilowatt-hour sales to retail customers plus projected
kilowatt-hours to be delivered to delivery services
customers over a one year period beginning with the first
billing date in April in the succeeding year to determine a
cents per kilowatt-hour refund factor.
(iv) The cents per kilowatt-hour refund factor
calculated in (iii) shall be credited to the electric
utility's customers by applying the factor on the customer's
monthly bills to each kilowatt-hour sold or delivered until
the total amount calculated in (ii) has been paid to
customers.
(f) During the mandatory transition period, an electric utility
may file revised tariffs reducing the price of any tariffed service
offered by the electric utility for all customers taking that
tariffed service, which shall be effective 7 days after filing.
(g) During the mandatory transition period, an electric utility
may, without obtaining any approval of the Commission other than that
provided for in this subsection and notwithstanding any other
provision of this Act or any rule or regulation of the Commission
that would require such approval:
(1) implement a reorganization, other than a merger of 2 or
more public utilities as defined in Section 3-105 or their
holding companies;
(2) retire generating plants from service;
(3) sell, assign, lease or otherwise transfer assets to an
affiliated or unaffiliated entity and as part of such transaction
enter into service agreements, power purchase agreements, or
other agreements with the transferee; provided, however, that the
prices, terms and conditions of any power purchase agreement must
be approved or allowed into effect by the Federal Energy
Regulatory Commission; or
(4) use any accelerated cost recovery method including
accelerated depreciation, accelerated amortization or other
capital recovery methods, or record reductions to the original
cost of its assets.
In order to implement a reorganization, retire generating plants
from service, or sell, assign, lease or otherwise transfer assets
pursuant to this Section, the electric utility shall comply with
subsections (c) and (d) of Section 16-128, if applicable, and
subsection (k) of this Section, if applicable, and provide the
Commission with at least 30 days notice of the proposed
reorganization or transaction, which notice shall include the
following information:
(i) a complete statement of the entries that the
electric utility will make on its books and records of
account to implement the proposed reorganization or
6270 JOURNAL OF THE [May 27, 1999]
transaction together with a certification from an
independent certified public accountant that such entries
are in accord with generally accepted accounting principles
and, if the Commission has previously approved guidelines
for cost allocations between the utility and its affiliates,
a certification from the chief accounting officer of the
utility that such entries are in accord with those cost
allocation guidelines;
(ii) a description of how the electric utility will
use proceeds of any sale, assignment, lease or transfer to
retire debt or otherwise reduce or recover the costs of
services provided by such electric utility;
(iii) a list of all federal approvals or approvals
required from departments and agencies of this State, other
than the Commission, that the electric utility has or will
obtain before implementing the reorganization or
transaction;
(iv) an irrevocable commitment by the electric utility
that it will not, as a result of the transaction, impose any
stranded cost charges that it might otherwise be allowed to
charge retail customers under federal law or increase the
transition charges that it is otherwise entitled to collect
under this Article XVI; and
(v) if the electric utility proposes to sell, assign,
lease or otherwise transfer a generating plant that brings
the amount of net dependable generating capacity transferred
pursuant to this subsection to an amount equal to or greater
than 15% of the electric utility's net dependable capacity
as of the effective date of this amendatory Act of 1997, and
enters into a power purchase agreement with the entity to
which such generating plant is sold, assigned, leased, or
otherwise transferred, the electric utility also agrees, if
its fuel adjustment clause has not already been eliminated,
to eliminate its fuel adjustment clause in accordance with
subsection (b) of Section 9-220 for a period of time equal
to the length of any such power purchase agreement or
successor agreement, or until January 1, 2005, whichever is
longer; if the capacity of the generating plant so
transferred and related power purchase agreement does not
result in the elimination of the fuel adjustment clause
under this subsection, and the fuel adjustment clause has
not already been eliminated, the electric utility shall
agree that the costs associated with the transferred plant
that are included in the calculation of the rate per
kilowatt-hour to be applied pursuant to the electric
utility's fuel adjustment clause during such period shall
not exceed the per kilowatt-hour cost associated with such
generating plant included in the electric utility's fuel
adjustment clause during the full calendar year preceding
the transfer, with such limit to be adjusted each year
thereafter by the Gross Domestic Product Implicit Price
Deflator.
(vi) In addition, if the electric utility proposes to
sell, assign, or lease, (A) either (1) an amount of
generating plant that brings the amount of net dependable
generating capacity transferred pursuant to this subsection
to an amount equal to or greater than 15% of its net
dependable capacity on the effective date of this amendatory
Act of 1997, or (2) one or more generating plants with a
total net dependable capacity of 1100 megawatts, or (B)
transmission and distribution facilities that either (1)
HOUSE OF REPRESENTATIVES 6271
bring the amount of transmission and distribution facilities
transferred pursuant to this subsection to an amount equal
to or greater than 15% of the electric utility's total
depreciated original cost investment in such facilities, or
(2) represent an investment of $25,000,000 in terms of total
depreciated original cost, the electric utility shall
provide, in addition to the information listed in
subparagraphs (i) through (v), the following information:
(A) a description of how the electric utility will meet its
service obligations under this Act in a safe and reliable
manner and (B) the electric utility's projected earned rate
of return on common equity, calculated in accordance with
subsection (d) of this Section, for each year from the date
of the notice through December 31, 2004 both with and
without the proposed transaction. If the Commission has not
issued an order initiating a hearing on the proposed
transaction within 30 days after the date the electric
utility's notice is filed, the transaction shall be deemed
approved. The Commission may, after notice and hearing,
prohibit the proposed transaction if it makes either or both
of the following findings: (1) that the proposed transaction
will render the electric utility unable to provide its
tariffed services in a safe and reliable manner, or (2) that
there is a strong likelihood that consummation of the
proposed transaction will result in the electric utility
being entitled to request an increase in its base rates
during the mandatory transition period pursuant to
subsection (d) of this Section. Any hearing initiated by
the Commission into the proposed transaction shall be
completed, and the Commission's final order approving or
prohibiting the proposed transaction shall be entered,
within 90 days after the date the electric utility's notice
was filed. Provided, however, that a sale, assignment, or
lease of transmission facilities to an independent system
operator that meets the requirements of Section 16-126 shall
not be subject to Commission approval under this Section.
In any proceeding conducted by the Commission pursuant
to this subparagraph (vi), intervention shall be limited to
parties with a direct interest in the transaction which is
the subject of the hearing and any statutory consumer
protection agency as defined in subsection (d) of Section
9-102.1. Notwithstanding the provisions of Section 10-113
of this Act, any application seeking rehearing of an order
issued under this subparagraph (vi), whether filed by the
electric utility or by an intervening party, shall be filed
within 10 days after service of the order.
The Commission shall not in any subsequent proceeding or
otherwise, review such a reorganization or other transaction
authorized by this Section, but shall retain the authority to
allocate costs as stated in Section 16-111(i). An entity to which an
electric utility sells, assigns, leases or transfers assets pursuant
to this subsection (g) shall not, as a result of the transactions
specified in this subsection (g), be deemed a public utility as
defined in Section 3-105. Nothing in this subsection (g) shall
change any requirement under the jurisdiction of the Illinois
Department of Nuclear Safety including, but not limited to, the
payment of fees. Nothing in this subsection (g) shall exempt a
utility from obtaining a certificate pursuant to Section 8-406 of
this Act for the construction of a new electric generating facility.
Nothing in this subsection (g) is intended to exempt the transactions
hereunder from the operation of the federal or State antitrust laws.
6272 JOURNAL OF THE [May 27, 1999]
Nothing in this subsection (g) shall require an electric utility to
use the procedures specified in this subsection for any of the
transactions specified herein. Any other procedure available under
this Act may, at the electric utility's election, be used for any
such transaction.
(h) During the mandatory transition period, the Commission shall
not establish or use any rates of depreciation, which for purposes of
this subsection shall include amortization, for any electric utility
other than those established pursuant to subsection (c) of Section
5-104 of this Act or utilized pursuant to subsection (g) of this
Section. Provided, however, that in any proceeding to review an
electric utility's rates for tariffed services pursuant to Section
9-201, 9-202, 9-250 or 16-111(d) of this Act, the Commission may
establish new rates of depreciation for the electric utility in the
same manner provided in subsection (d) of Section 5-104 of this Act.
An electric utility implementing an accelerated cost recovery method
including accelerated depreciation, accelerated amortization or other
capital recovery methods, or recording reductions to the original
cost of its assets, pursuant to subsection (g) of this Section, shall
file a statement with the Commission describing the accelerated cost
recovery method to be implemented or the reduction in the original
cost of its assets to be recorded. Upon the filing of such
statement, the accelerated cost recovery method or the reduction in
the original cost of assets shall be deemed to be approved by the
Commission as though an order had been entered by the Commission.
(i) Subsequent to the mandatory transition period, the
Commission, in any proceeding to establish rates and charges for
tariffed services offered by an electric utility, shall consider only
(1) the then current or projected revenues, costs, investments and
cost of capital directly or indirectly associated with the provision
of such tariffed services; (2) collection of transition charges in
accordance with Sections 16-102 and 16-108 of this Act; (3) recovery
of any employee transition costs as described in Section 16-128 which
the electric utility is continuing to incur, including recovery of
any unamortized portion of such costs previously incurred or
committed, with such costs to be equitably allocated among bundled
services, delivery services, and contracts with alternative retail
electric suppliers; and (4) recovery of the costs associated with the
electric utility's compliance with decommissioning funding
requirements; and shall not consider any other revenues, costs,
investments or cost of capital of either the electric utility or of
any affiliate of the electric utility that are not associated with
the provision of tariffed services. In setting rates for tariffed
services, the Commission shall equitably allocate joint and common
costs and investments between the electric utility's competitive and
tariffed services. In determining the justness and reasonableness of
the electric power and energy component of an electric utility's
rates for tariffed services subsequent to the mandatory transition
period and prior to the time that the provision of such electric
power and energy is declared competitive, the Commission shall
consider the extent to which the electric utility's tariffed rates
for such component for each customer class exceed the market value
determined pursuant to Section 16-112, and, if the electric power and
energy component of such tariffed rate exceeds the market value by
more than 10% for any customer class, may establish such electric
power and energy component at a rate equal to the market value plus
10%. In any such case, the Commission may also elect to extend the
provisions of Section 16-111(e) for any period in which the electric
utility is collecting transition charges, using information
applicable to such period.
(j) During the mandatory transition period, an electric utility
HOUSE OF REPRESENTATIVES 6273
may elect to transfer to a non-operating income account under the
Commission's Uniform System of Accounts either or both of (i) an
amount of unamortized investment tax credit that is in addition to
the ratable amount which is credited to the electric utility's
operating income account for the year in accordance with Section
46(f)(2) of the federal Internal Revenue Code of 1986, as in effect
prior to P.L. 101-508, or (ii) "excess tax reserves", as that term is
defined in Section 203(e)(2)(A) of the federal Tax Reform Act of
1986, provided that (A) the amount transferred may not exceed the
amount of the electric utility's assets that were created pursuant to
Statement of Financial Accounting Standards No. 71 which the electric
utility has written off during the mandatory transition period, and
(B) the transfer shall not be effective until approved by the
Internal Revenue Service. An electric utility electing to make such
a transfer shall file a statement with the Commission stating the
amount and timing of the transfer for which it intends to request
approval of the Internal Revenue Service, along with a copy of its
proposed request to the Internal Revenue Service for a ruling. The
Commission shall issue an order within 14 days after the electric
utility's filing approving, subject to receipt of approval from the
Internal Revenue Service, the proposed transfer.
(k) If an electric utility is selling or transferring to a
single buyer 5 or more generating plants located in this State with a
total net dependable capacity of 5000 megawatts or more pursuant to
subsection (g) of this Section and has obtained a sale price or
consideration that exceeds 200% of the book value of such plants, the
electric utility must provide to the Governor, the President of the
Illinois Senate, the Minority Leader of the Illinois Senate, the
Speaker of the Illinois House of Representatives, and the Minority
Leader of the Illinois House of Representatives no later than 15 days
after filing its notice under subsection (g) of this Section or 5
days after the date on which this subsection (k) becomes law,
whichever is later, a written commitment in which such electric
utility agrees to expend $2 billion outside the corporate limits of
any municipality with 1,000,000 or more inhabitants within such
electric utility's service area, over a 6-year period beginning with
the calendar year in which the notice is filed, on projects,
programs, and improvements within its service area relating to
transmission and distribution including, without limitation,
infrastructure expansion, repair and replacement, capital
investments, operations and maintenance, and vegetation management.
(Source: P.A. 90-561, eff. 12-16-97; 90-563, eff. 12-16-97.)
(220 ILCS 5/16-111.1 new)
Sec. 16-111.1. Illinois Clean Energy Community Trust.
(a) An electric utility which has sold or transferred generating
facilities in a transaction to which subsection (k) of Section 16-111
applies is authorized to establish an Illinois clean energy community
trust or foundation for the purposes of providing financial support
and assistance to entities, public or private, within the State of
Illinois including, but not limited to, units of State and local
government, educational institutions, corporations, and charitable,
educational, environmental and community organizations, for programs
and projects that benefit the public by improving energy efficiency,
developing renewable energy resources, supporting other energy
related projects that improve the State's environmental quality, and
supporting projects and programs intended to preserve or enhance the
natural habitats and wildlife areas of the State. Provided, however,
that the trust or foundation funds shall not be used for the
remediation of environmentally impaired property. The trust or
foundation may also assist in identifying other energy and
environmental grant opportunities.
6274 JOURNAL OF THE [May 27, 1999]
(b) Such trust or foundation shall be governed by a declaration
of trust or articles of incorporation and by- laws which shall, at a
minimum, provide that:
(1) There shall be 6 voting trustees of the trust or
foundation, one of whom shall be appointed by the Governor, one
of whom shall be appointed by the President of the Illinois
Senate, one of whom shall be appointed by the Minority Leader of
the Illinois Senate, one of whom shall be appointed by the
Speaker of the Illinois House of Representatives, one of whom
shall be appointed by the Minority Leader of the Illinois House
of Representatives, and one of whom shall be appointed by the
electric utility establishing the trust or foundation, provided
that the voting trustee appointed by the utility shall be a
representative of a recognized environmental action group
selected by the utility. The Governor shall select one of the 6
voting trustees, once appointed, to be the first chairman of the
trust or foundation pending the first election of officers. In
addition, there shall be 4 non-voting trustees, one of whom shall
be appointed by the Director of the Department of Commerce and
Community Affairs, one of whom shall be appointed by the Director
of the Illinois Environmental Protection Agency, one of whom
shall be appointed by the Director of the Department of Natural
Resources, and one of whom shall be appointed by the electric
utility establishing the trust or foundation, provided that the
non-voting trustee appointed by the utility shall bring financial
expertise to the trust or foundation and shall have appropriate
credentials therefor.
(2) All voting trustees and the non-voting trustee with
financial expertise shall be entitled to compensation for their
services as trustees, provided, however, that no member of the
General Assembly and no employee of the electric utility
establishing the trust or foundation serving as a voting trustee
shall receive any compensation for his or her services as a
trustee, and provided further that the compensation to the
chairman of the trust shall not exceed $25,000 annually and the
compensation to any other trustee shall not exceed $20,000
annually. All trustees shall be entitled to reimbursement for
reasonable expenses incurred on behalf of the trust in the
performance of their duties as trustees. All such compensation
and reimbursements shall be paid out of the trust.
(3) Trustees shall be appointed within 30 days after the
creation of the trust or foundation and shall serve for a term of
5 years commencing upon the date of their respective
appointments, until their respective successors are appointed and
qualified.
(4) A vacancy in the office of trustee shall be filled by
the person holding the office responsible for appointing the
trustee whose death or resignation creates the vacancy, and a
trustee appointed to fill a vacancy shall serve the remainder of
the term of the trustee whose resignation or death created the
vacancy.
(5) The trust or foundation shall have an indefinite term,
and shall terminate at such time as no trust assets remain.
(6) The trust or foundation shall be funded in the minimum
amount of $250,000,000, with the allocation and disbursement of
funds for the various purposes for which the trust or foundation
is established to be determined by the trustees in accordance
with the declaration of trust or the articles of incorporation
and by-laws; provided, however, that this amount may be reduced
by up to $25,000,000 if, at the time the trust or foundation is
funded, a corresponding amount is contributed by the electric
HOUSE OF REPRESENTATIVES 6275
utility establishing the trust or foundation to the Board of
Trustees of Southern Illinois University for the purpose of
funding programs or projects related to clean coal and provided
further that $25,000,000 of the amount contributed to the trust
or foundation shall be available to fund programs or projects
related to clean coal.
(7) The trust or foundation shall be authorized to employ
an executive director and other employees, to enter into leases,
contracts and other obligations on behalf of the trust or
foundation, and to incur expenses that the trustees deem
necessary or appropriate for the fulfillment of the purposes for
which the trust or foundation is established, provided, however,
that salaries and administrative expenses incurred on behalf of
the trust or foundation shall not exceed $500,000 in the first
fiscal year after the trust or foundation is established and
shall not exceed $1,000,000 in each subsequent fiscal year.
(8) The trustees may create and appoint advisory boards or
committees to assist them with the administration of the trust or
foundation, and to advise and make recommendations to them
regarding the contribution and disbursement of the trust or
foundation funds.
(c)(1) In addition to the allocation and disbursement of funds
for the purposes set forth in subsection (a) of this Section, the
trustees of the trust or foundation shall annually contribute
funds in amounts set forth in subparagraph (2) of this subsection
to the Citizens Utility Board created by the Citizens Utility
Board Act; provided, however, that any such funds shall be used
solely for the representation of the interests of utility
consumers before the Illinois Commerce Commission, the Federal
Energy Regulatory Commission, and the Federal Communications
Commission and for the provision of consumer education on utility
service and prices and on benefits and methods of energy
conservation. Provided, however, that no part of such funds shall
be used to support (i) any lobbying activity, (ii) activities
related to fundraising, (iii) advertising or other marketing
efforts regarding a particular utility, or (iv) solicitation of
support for, or advocacy of, a particular position regarding any
specific utility or a utility's docketed proceeding.
(2) In the calendar year in which the trust or foundation
is first funded, the trustees shall contribute $1,000,000 to the
Citizens Utility Board within 60 days after such trust or
foundation is established; provided, however, that such
contribution shall be made after December 31, 1999. In each of
the 6 calendar years subsequent to the first contribution, if the
trust or foundation is in existence, the trustees shall
contribute to the Citizens Utility Board an amount equal to the
total expenditures by such organization in the prior calendar
year, as set forth in the report filed by the Citizens Utility
Board with the chairman of such trust or foundation as required
by subparagraph (3) of this subsection. Such subsequent
contributions shall be made within 30 days of submission by the
Citizens Utility Board of such report to the Chairman of the
trust or foundation, but in no event shall any annual
contribution by the trustees to the Citizens Utility Board exceed
$1,000,000. Following such 7-year period, an Illinois statutory
consumer protection agency may petition the trust or foundation
for contributions to fund expenditures of the type identified in
paragraph (1), but in no event shall annual contributions by the
trust or foundation for such expenditures exceed $1,000,000.
(3) The Citizens Utility Board shall file a report with the
chairman of such trust or foundation for each year in which it
6276 JOURNAL OF THE [May 27, 1999]
expends any funds received from the trust or foundation setting
forth the amount of any expenditures (regardless of the source of
funds for such expenditures) for: (i) the representation of the
interests of utility consumers before the Illinois Commerce
Commission, the Federal Energy Regulatory Commission, and the
Federal Communications Commission, and (ii) the provision of
consumer education on utility service and prices and on benefits
and methods of energy conservation. Such report shall separately
state the total amount of expenditures for the purposes or
activities identified by items (i) and (ii) of this paragraph,
the name and address of the external recipient of any such
expenditure, if applicable, and the specific purposes or
activities (including internal purposes or activities) for which
each expenditure was made. Any report required by this
subsection shall be filed with the chairman of such trust or
foundation no later than March 31 of the year immediately
following the year for which the report is required.
(220 ILCS 5/16-111.2 new)
Sec. 16-111.2. Provisions related to proposed utility
transactions.
(a) The General Assembly finds:
(1) A transaction as described in paragraph (3) of this
subsection (a) will contribute to improved reliability of the
electric supply system in Illinois which is one of the key
purposes of the Illinois Electric Service Customer Choice and
Rate Relief Law of 1997.
(2) A transaction as described in paragraph (3) of this
subsection (a) is likely to promote additional investment in the
existing generating assets and in the development of additional
generation capacity in Illinois, and such change in ownership is
in the public interest, consistent with the intent of the
Illinois Electric Service Customer Choice and Rate Relief Law of
1997 and beneficial for the citizens of this State.
(3) As of the date on which this amendatory Act of 1999
becomes law, an electric utility providing service to more than
1,000,000 customers in this State has proposed to sell or
transfer to a single buyer 5 or more generating plants with a
total net dependable capacity of 5000 megawatts or more pursuant
to subsection (g) of Section 16-111.
(4) Such electric utility anticipates receiving a sale
price or consideration as a result of such transaction exceeding
200% of the book value of these plants.
(5) Such electric utility has presented to the Governor and
the leaders of the General Assembly a written commitment in which
such electric utility agrees to expend $2,000,000,000 outside the
corporate limits of any municipality with 1,000,000 or more
inhabitants within such electric utility's service area, over a
6-year period beginning with this calendar year on projects,
programs and improvements within its service area relating to
transmission and distribution including, without limitation,
infrastructure expansion, repair and replacement, capital
investments, operations and maintenance, and vegetation
management.
(6) Such electric utility has committed that, if the sale
or transfer contemplated by paragraph (3) of this subsection is
consummated on or before December 31, 1999, the electric utility
shall make contributions totaling $250,000,000 to entities within
this State for, among other purposes, environmental and clean
coal initiatives pursuant to Section 16-111.1, which commitment
includes a contribution of $25,000,000 to the Board of Trustees
of Southern Illinois University for the purpose of funding
HOUSE OF REPRESENTATIVES 6277
programs or projects related to clean coal.
(b) That, in light of the findings in paragraphs (1) and (2) of
subsection (a) and, in this instance, the circumstances described in
paragraphs (3) through (6) of subsection (a) and otherwise, the
General Assembly hereby finds that allowing the generating facilities
being acquired to be eligible facilities under the provisions of the
National Energy Policy Act of 1992 that apply to exempt wholesale
generators (A) will benefit consumers; (B) is in the public interest;
and (C) does not violate the law of this State.
(c) Nothing in this Section shall have any effect on the
authority of the Commission under subsection (g) of Section 16-111
this Act.
(220 ILCS 5/16-114.1 new)
Sec. 16-114.1. Recovery of decommissioning costs in connection
with nuclear power plant sale agreement.
(a) An electric utility owning a single-unit nuclear power plant
located in this State which enters into an agreement to sell the
nuclear power plant and as part of such agreement agrees: (i) to
make contributions to a tax-qualified decommissioning trust or
non-tax qualified decommissioning trust, or both, as defined in
Section 8-508.1 for the nuclear power plant, in specified amounts or
for a specified period of time, after the sale is consummated, or
(ii) to purchase an insurance instrument which provides for the
payment of all or a specified amount of the decommissioning costs of
the nuclear power plant, shall be entitled, in the case of item (i),
to maintain such decommissioning trusts for the purpose of receiving
such contributions after the consummation of the sale, to implement
revisions to its decommissioning rate in accordance with subsection
(b) of this Section, and to transfer such decommissioning trusts, or
the balance in the trusts, to the buyer of the nuclear power plant in
accordance with the agreement of sale, and in the case of item (ii),
to implement revisions to its decommissioning rate in accordance with
subsection (c) of this Section.
(b) An electric utility entering into an agreement of sale
described in subsection (a)(i) of this Section shall be entitled to
file a petition with the Commission for entry of an order authorizing
the electric utility (i) to amortize its liability for
decommissioning costs pursuant to the agreement of sale over the
period of time in which the electric utility is required by such
agreement to make additional contributions to the tax-qualified
decommissioning trust, the non-tax qualified decommissioning trust,
or both, and (ii) to revise its decommissioning rate to a level that
will recover, over the time period specified in the agreement of
sale, an annual amount equal to the electric utility's annual
contributions to the decommissioning trusts which are required by the
agreement of sale multiplied by the percentage of the output of the
nuclear power plant which the agreement of sale obligates the
electric utility to purchase in each such year.
(c) An electric utility entering into an agreement of sale
described in subsection (a)(ii) shall be entitled to file a petition
with the Commission for entry of an order authorizing the electric
utility to revise its decommissioning rate to a level that will
recover, over 5 years, the electric utility's cost of purchasing the
insurance instrument multiplied by the percentage of the output of
the nuclear power plant which the agreement of sale obligates the
electric utility to purchase in each such year.
(d) An electric utility's petition pursuant to subsection (b) or
subsection (c) shall state the percentage of the output of the
nuclear power plant which the agreement of sale obligates the
electric utility to purchase from the new owner of the nuclear power
plant in each of the years for which the electric utility is seeking
6278 JOURNAL OF THE [May 27, 1999]
to implement a revised decommissioning rate. The electric utility's
petition shall also state that the electric utility agrees, as
conditions of the Commission's order and the implementation of the
revised decommissioning rate, (i) to file revisions, pursuant to
Section 16-111(f), to its base rate tariffs applicable to retail
customers subject to the electric utility's decommissioning rate
reducing such tariffs, and (ii) to file revisions to its transition
charge tariffs applicable to retail customers subject to the electric
utility's decommissioning rate incorporating a credit into the
calculation of the electric utility's transition charges in
accordance with this subsection. The reduction and the credit shall
be in an amount per kilowatt-hour of electricity sold or delivered to
retail customers equal to (i) the electric utility's decommissioning
rate authorized by the Commission's order in accordance with
subsection (b)(ii) or (c), as applicable, less (ii) the product of
the electric utility's decommissioning rate in effect immediately
prior to the agreement of sale multiplied by the percentage of the
output of the nuclear power plant which the agreement of sale
obligates the electric utility to purchase from the new owner of the
nuclear power plant. The Commission shall issue an order granting
the petition within 30 days after the petition is filed. The
Commission's order shall state the aggregate total amount which the
order is authorizing the electric utility to collect through its
decommissioning rate. The Commission's order shall state that the
effectiveness of the revisions to the electric utility's
decommissioning rate shall be conditioned on the filing by the
electric utility of the revisions reducing its base rate tariffs and
providing for credits to its transition charge tariffs as specified
in this subsection. Upon completion of the collection of the total
amount which the Commission's order authorizes the electric utility
to collect through its decommissioning rate, the electric utility
shall not be entitled to collect any further amounts of
decommissioning costs for its nuclear power plant through a
decommissioning rate. Nothing in this Section shall be construed to
permit an increase in the overall tariffed rates and charges paid by
the electric utility's customers.
(e) In addition to the uses of the proceeds of the sale and
issuance of transitional funding instruments authorized by Section
18-103(d)(1), an electric utility which has entered into an agreement
to sell a nuclear power plant may use the proceeds from the sale and
issuance of transitional funding instruments to make contributions,
or to reimburse itself for contributions which the electric utility
has made, to decommissioning trusts in accordance with the agreement
of sale, in an amount not to exceed 20% of the aggregate principal
amount of transitional funding instruments which the electric utility
was authorized to cause to have issued pursuant to Section
18-103(d)(6), including for purposes of this calculation the amount
of any transitional funding instruments which the electric utility
caused to be issued prior to the date of this amendatory Act of 1999.
The use of proceeds authorized by this subsection shall not be
subject to Section 18-103(d)(1)(B) and shall not be considered in
determining if the percentage limitations on the use of proceeds set
forth in the proviso following Section 18-103(d)(1)(E) have been
complied with.
(f) None of the authorizations permitted by this Section may be
exercised if the sale of the nuclear power plant is disapproved by
the Commission.
(220 ILCS 5/16-115)
Sec. 16-115. Certification of alternative retail electric
suppliers.
(a) Any alternative retail electric supplier must obtain a
HOUSE OF REPRESENTATIVES 6279
certificate of service authority from the Commission in accordance
with this Section before serving any retail customer or other user
located in this State. An alternative retail electric supplier may
request, and the Commission may grant, a certificate of service
authority for the entire State or for a specified geographic area of
the State.
(b) An alternative retail electric supplier seeking a
certificate of service authority shall file with the Commission a
verified application containing information showing that the
applicant meets the requirements of this Section. The alternative
retail electric supplier shall publish notice of its application in
the official State newspaper within 10 days following the date of its
filing. No later than 45 days after the application is properly
filed with the Commission, and such notice is published, the
Commission shall issue its order granting or denying the application.
(c) An application for a certificate of service authority shall
identify the area or areas in which the applicant intends to offer
service and the types of services it intends to offer. Applicants
that seek to serve residential or small commercial retail customers
within a geographic area that is smaller than an electric utility's
service area shall submit evidence demonstrating that the designation
of this smaller area does not violate Section 16-115A. An applicant
that seeks to serve residential or small commercial retail customers
may state in its application for certification any limitations that
will be imposed on the number of customers or maximum load to be
served.
(d) The Commission shall grant the application for a certificate
of service authority if it makes the findings set forth in this
subsection based on the verified application and such other
information as the applicant may submit:
(1) That the applicant possesses sufficient technical,
financial and managerial resources and abilities to provide the
service for which it seeks a certificate of service authority.
In determining the level of technical, financial and managerial
resources and abilities which the applicant must demonstrate, the
Commission shall consider (i) the characteristics, including the
size and financial sophistication, of the customers that the
applicant seeks to serve, and (ii) whether the applicant seeks to
provide electric power and energy using property, plant and
equipment which it owns, controls or operates;
(2) That the applicant will comply with all applicable
federal, State, regional and industry rules, policies, practices
and procedures for the use, operation, and maintenance of the
safety, integrity and reliability, of the interconnected electric
transmission system;
(3) That the applicant will only provide service to retail
customers in an electric utility's service area that are eligible
to take delivery services under this Act;
(4) That the applicant will comply with such informational
or reporting requirements as the Commission may by rule establish
and provide the information required by Section 16-112. Any data
related to contracts for the purchase and sale of electric power
and energy shall be made available for review by the Staff of the
Commission on a confidential and proprietary basis and only to
the extent and for the purposes which the Commission determines
are reasonably necessary in order to carry out the purposes of
this Act;
(5) That if the applicant, its corporate affiliates or the
applicant's principal source of electricity (to the extent such
source is known at the time of the application) owns or controls
facilities, for public use, for the transmission or distribution
6280 JOURNAL OF THE [May 27, 1999]
of electricity to end-users within a defined geographic area to
which electric power and energy can be physically and
economically delivered by the electric utility or utilities in
whose service area or areas the proposed service will be offered,
the applicant, its corporate affiliates or principal source of
electricity, as the case may be, provides delivery services to
the electric utility or utilities in whose service area or areas
the proposed service will be offered that are reasonably
comparable to those offered by the electric utility, and provided
further, that the applicant agrees to certify annually to the
Commission that it is continuing to provide such delivery
services and that it has not knowingly assisted any person or
entity to avoid the requirements of this Section. For purposes
of this subparagraph, "principal source of electricity" shall
mean a single source that supplies at least 65% of the
applicant's electric power and energy, and the purchase of
transmission and distribution services pursuant to a filed tariff
under the jurisdiction of the Federal Energy Regulatory
Commission or a state public utility commission shall not
constitute control of access to the provider's transmission and
distribution facilities;
(6) With respect to an applicant that seeks to serve
residential or small commercial retail customers, that the area
to be served by the applicant and any limitations it proposes on
the number of customers or maximum amount of load to be served
meet the provisions of Section 16-115A, provided, that the
Commission can extend the time for considering such a certificate
request by up to 90 days, and can schedule hearings on such a
request;
(7) That the applicant meets the requirements of subsection
(a) of Section 16-128; and
(8) That the applicant will comply with all other
applicable laws and regulations.
(e) A retail customer that owns a cogeneration or
self-generation facility and that seeks certification only to provide
electric power and energy from such facility to retail customers at
separate locations which customers are both (i) owned by, or a
subsidiary or other corporate affiliate of, such applicant and (ii)
eligible for delivery services, shall be granted a certificate of
service authority upon filing an application and notifying the
Commission that it has entered into an agreement with the relevant
electric utilities pursuant to Section 16-118. Provided, however,
that if the retail customer owning such cogeneration or
self-generation facility would not be charged a transition charge due
to the exemption provided under subsection (f) of Section 16-108
prior to the certification, and the retail customers at separate
locations are taking delivery services in conjunction with purchasing
power and energy from the facility, the retail customer on whose
premises the facility is located shall not thereafter be required to
pay transition charges on the power and energy that such retail
customer takes from the facility.
(f) The Commission shall have the authority to promulgate rules
and regulations to carry out the provisions of this Section. On or
before May 1, 1999, the Commission shall adopt a rule or rules
applicable to the certification of those alternative retail electric
suppliers that seek to serve only nonresidential retail customers
with maximum electrical demands of one megawatt or more which shall
provide for (i) expedited and streamlined procedures for
certification of such alternative retail electric suppliers and (ii)
specific criteria which, if met by any such alternative retail
electric supplier, shall constitute the demonstration of technical,
HOUSE OF REPRESENTATIVES 6281
financial and managerial resources and abilities to provide service
required by subsection (d) (1) of this Section, such as a requirement
to post a bond or letter of credit, from a responsible surety or
financial institution, of sufficient size for the nature and scope of
the services to be provided; demonstration of adequate insurance for
the scope and nature of the services to be provided; and experience
in providing similar services in other jurisdictions.
(Source: P.A. 90-561, eff. 12-16-97.)
(220 ILCS 5/16-130)
Sec. 16-130. Annual Reports. The General Assembly finds that it
is necessary to have reliable and accurate information regarding the
transition to a competitive electric industry. In addition to the
annual report requirements pursuant to Section 5-109 of this Act,
each electric utility shall file with the Commission a report on the
following topics in accordance with the schedule set forth in
subsection (b) of this Section:
(1) Data on each customer class of the electric utility in
which delivery services have been elected including:
(A) number of retail customers in each class that have
elected delivery service;
(B) kilowatt hours consumed by the customers described
in subparagraph (A);
(C) revenue loss experienced by the utility as a
result of customers electing delivery services or
market-based prices as compared to continued service under
otherwise applicable tariffed rates;
(D) total amount of funds collected from each customer
class pursuant to the transition charges authorized in
Section 16-108;
(E) Such other information as the Commission may by
rule require.
(2) A description of any steps taken by the electric
utility to mitigate and reduce its costs, including both a
detailed description of steps taken during the preceding calendar
year and a summary of steps taken since the effective date of
this amendatory Act of 1997, and including, to the extent
practicable, quantification of the costs mitigated or reduced by
specific actions taken by the electric utility.
(3) A description of actions taken under Sections 5-104,
7-204, 9-220, and 16-111 of this Act. This information shall
include but not be limited to:
(A) a description of the actions taken;
(B) the effective date of the action;
(C) the annual savings or additional charges realized
by customers from actions taken, by customer class and total
for each year;
(D) the accumulated impact on customers by customer
class and total; and
(E) a summary of the method used to quantify the
impact on customers.
(4) A summary of the electric utility's use of transitional
funding instruments, including a description of the electric
utility's use of the proceeds of any transitional funding
instruments it has issued in accordance with Article XVIII of
this Act.
(5) Kilowatt-hours consumed in the twelve months ending
December 31, 1996 (which kilowatt-hours are hereby referred to as
"base year sales") by customer class multiplied by the revenue
per kilowatt hour, adjusted to remove charges added to customers'
bills pursuant to Sections 9-221 and 9-222 of this Act, during
the twelve months ending December 31, 1996, adjusted for the
6282 JOURNAL OF THE [May 27, 1999]
reductions required by subsection (b) of Section 16-111 and the
mitigation factors contained in Section 16-102. This amount
shall be stated for: (i) each calendar year preceding the year in
which a report is required to be submitted pursuant to subsection
(b); and (ii) as a cumulative total of all calendar years
beginning with 1998 and ending with the calendar year preceding
the year in which a report is required to be submitted pursuant
to subsection (b).
(6) Calculations identical to those required by
subparagraph (5) except that base year sales shall be adjusted
for growth in the electric utility's service territory, in
addition to the other adjustments specified by the first sentence
of subparagraph (5).
(7) The electric utility's total revenue and net income for
each calendar year beginning with 1997 through the calendar year
preceding the year in which a report is required to be submitted
pursuant to subsection (b) as reported in the electric utility's
Form 1 report to the Federal Energy Regulatory Commission.
(8) Any consideration in excess of the net book cost as of
the effective date of this amendatory Act of 1997 received by the
electric utility during the year from a sale made subsequent to
the effective date of this amendatory Act of 1997 to a
non-affiliated third party of any generating plant that was owned
by the electric utility on the effective date of this amendatory
Act of 1997.
(9) Any consideration received by the electric utility from
sales or transfers during the year to an affiliated interest of
generating plant, or other plant that represents an investment of
$25,000,000 or more in terms of total depreciated original cost,
which generating or other plant were owned by the electric
utility prior to the effective date of this amendatory Act of
1997.
(10) Any consideration received by an affiliated interest
of an electric utility from sales or transfers during the year to
a non-affiliated third party of generating plant, but only if:
(i) the electric utility had previously sold or transferred such
plant to the affiliated interest subsequent to the effective date
of this amendatory Act of 1997; (ii) the affiliated interest
sells or transfers such plant to a non-affiliated third party
prior to December 31, 2006; and (iii) the affiliated interest
receives consideration for the sale or transfer of such plant to
the non-affiliated third party in an amount greater than the cost
or price at which such plant was sold or transferred to the
affiliated interest by the electric utility.
(11) A summary account of those expenditures made for
projects, programs, and improvements relating to transmission and
distribution including, without limitation, infrastructure
expansion, repair and replacement, capital investments,
operations and maintenance, and vegetation management, pursuant
to a written commitment made under subsection (k) of Section
16-111.
(b) The information required by subsection (a) shall be filed by
each electric utility on or before March 1 of each year 1999 through
2007 or through such additional years as the electric utility is
collecting transition charges pursuant to subsection (f) of Section
16-108, for the previous calendar year. The information required by
subparagraph (6) of subsection (a) for calendar year 1997 shall be
submitted by the electric utility on or before March 1, 1999.
(c) On or before May 15 of each year 1999 through 2006 or
through such additional years as the electric utility is collecting
transition charges pursuant to subsection (f) of Section 16-108, the
HOUSE OF REPRESENTATIVES 6283
Commission shall submit a report to the General Assembly which
summarizes the information provided by each electric utility under
this Section; provided, however, that proprietary or confidential
information shall not be publicly disclosed.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 10. The Citizens Utility Board Act is amended by
changing Section 5 and adding Section 5.1 as follows:
(220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
Sec. 5. Powers and duties. (1) The corporation shall:
(a) Represent and protect the interests of the residential
utility consumers of this State. All actions by the corporation
under this Act shall be directed toward such duty; provided that the
corporation may also give due consideration to the interests of
business in the State.
(b) Inform, in so far as possible, all utility consumers about
the corporation, including the procedure for obtaining membership in
the corporation.
(2) The corporation shall have all the powers necessary or
convenient for the effective representation and protection of the
interest of utility consumers and to implement this Act, including
the following powers in addition to all other powers granted by this
Act.
(a) To make, amend and repeal bylaws and rules for the
regulation of its affairs and the conduct of its business; to adopt
an official seal and alter it at pleasure; to maintain an office; to
sue and be sued in its own name, plead and be impleaded; and to make
and execute contracts and other instruments necessary or convenient
to the exercise of the powers of the corporation.
(b) To employ such agents, employees and special advisors as it
finds necessary and to fix their compensation.
(c) To solicit and accept gifts, loans, including loans made by
the Illinois Commerce Commission from funds appropriated for that
purpose by law, or other aid in order to support activities
concerning the interests of utility consumers., Except as provided
in Section 5.1, that the corporation may not accept gifts, loans or
other aid from any public utility or from any director, employee or
agent or member of the immediate family of a director, employee or
agent of any public utility and, except that after the first election
the corporation, may not accept from any individual, private
corporation, association or partnership in any single year a total of
more than $1,000 in gifts. Under this paragraph, "aid" does not mean
payment of membership dues.
(d) To intervene as a party or otherwise participate on behalf
of utility consumers in any proceeding which affects the interest of
utility consumers.
(e) To represent the interests of utility consumers before the
Illinois Commerce Commission, the Federal Energy Regulatory
Commission, the Federal Communications Commission, the courts, and
other public bodies, except that no director, employee or agent of
the corporation may engage in lobbying without first complying with
any applicable statute, administrative rule or other regulation
relating to lobbying.
(f) To establish annual dues which shall be set at a level that
provides sufficient funding for the corporation to effectively
perform its powers and duties, and is affordable for as many utility
consumers as is possible.
(g) To implement solicitation for corporation funding and
membership.
(h) To seek tax exempt status under State and federal law,
including 501(c)(3) status under the United States Internal Revenue
Code.
6284 JOURNAL OF THE [May 27, 1999]
(i) To provide information and advice to utility consumers on
any matter with respect to utility service, including but not limited
to information and advice on benefits and methods of energy
conservation.
(3) The powers, duties, rights and privileges conferred or
imposed upon the corporation by this Act may not be transferred.
(4) The corporation shall refrain from interfering with
collective bargaining rights of any employees of a public utility.
(Source: P.A. 83-945.)
(220 ILCS 10/5.1 new)
Sec. 5.1. Contributions. Notwithstanding anything to the
contrary in Section 5 of this Act, the corporation shall have the
authority to solicit and accept contributions made pursuant to
Section 16-111.1 of the Public Utilities Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999
s/Sen. William Mahar s/Rep. Philip Novak
Sen. John Maitland s/Rep. Kurt Granberg
s/Sen. Steven Rauschenberger s/Rep. Douglas P. Scott
s/Sen. Evelyn M. Bowles Rep. Art Tenhouse
s/Sen. William Shaw s/Rep. Vincent A. Persico
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. 27
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 27
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 Amendments Nos.
1, 2, 3, and 5 to Senate Bill 27, recommend the following:
(1) that the Senate concur in House Amendments Nos. 1, 2, 3, and
5; and
(2) that House Bill 27, AS AMENDED, be further amended as
follows:
in Section 5, Sec. 106E-5, by replacing the sentence that begins "The
Illinois General Assembly takes notice" with the following:
"The Illinois General Assembly takes notice that some public
defenders and assistant prosecutors in the Illinois criminal justice
systems are often reimbursed at salary levels below reasonable rates
for private practice."; and
in Sec. 106E-10, by replacing subdivisions (8) and (9) with the
following:
"(8) Three members appointed by the Illinois Appellate
Prosecutors Association.
HOUSE OF REPRESENTATIVES 6285
(9) Three members appointed by the Office of the State Appellate
Defender."; and
in Sec. 106E-10, by deleting subdivisions (15) through (18); and
in Sec. 106E-10 by renumbering subdivision (19) as subdivision (15).
Submitted on May 26, 1999
s/Sen. Carl Hawkinson s/Rep. Jay Hoffman
s/Sen. Kirk Dillard s/Rep. Tom Dart
s/Sen. Ed Petka s/Rep. Barbara Flynn Currie
s/Sen. George P. Shadid s/Rep. Art Tenhouse
s/Sen. Ira Silverstein s/Rep. John Turner
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. 53
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 53
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 Amendments Nos. 1
and 2 to Senate Bill 53, recommend the following:
(1) that the House recede from House Amendments Nos. 1 and 2;
and
(2) that Senate Bill 53 be amended on page 1, by replacing lines
1 and 2 with the following:
"AN ACT relating to tax increment financing."; and
on page 1, line 6, by replacing "11-74.4-3" with "11-74.4-3,
11-74.4-4,"; and
on page 19, below line 32, by inserting the following:
"(65 ILCS 5/11-74.4-4) (from Ch. 24, par. 11-74.4-4)
Sec. 11-74.4-4. Municipal powers and duties; redevelopment
project areas. A municipality may:
(a) By ordinance introduced in the governing body of the
municipality within 14 to 90 days from the completion of the hearing
specified in Section 11-74.4-5 approve redevelopment plans and
redevelopment projects, and designate redevelopment project areas
pursuant to notice and hearing required by this Act. No
redevelopment project area shall be designated unless a plan and
project are approved prior to the designation of such area and such
area shall include only those contiguous parcels of real property and
improvements thereon substantially benefited by the proposed
redevelopment project improvements.
(b) Make and enter into all contracts necessary or incidental to
the implementation and furtherance of its redevelopment plan and
project.
(c) Within a redevelopment project area, acquire by purchase,
donation, lease or eminent domain; own, convey, lease, mortgage or
6286 JOURNAL OF THE [May 27, 1999]
dispose of land and other property, real or personal, or rights or
interests therein, and grant or acquire licenses, easements and
options with respect thereto, all in the manner and at such price the
municipality determines is reasonably necessary to achieve the
objectives of the redevelopment plan and project. No conveyance,
lease, mortgage, disposition of land or other property, or agreement
relating to the development of the property shall be made except upon
the adoption of an ordinance by the corporate authorities of the
municipality. Furthermore, no conveyance, lease, mortgage, or other
disposition of land or agreement relating to the development of
property shall be made without making public disclosure of the terms
of the disposition and all bids and proposals made in response to the
municipality's request. The procedures for obtaining such bids and
proposals shall provide reasonable opportunity for any person to
submit alternative proposals or bids.
(d) Within a redevelopment project area, clear any area by
demolition or removal of any existing buildings and structures.
(e) Within a redevelopment project area, renovate or
rehabilitate or construct any structure or building.
(f) Install, repair, construct, reconstruct or relocate streets,
utilities and site improvements essential to the preparation of the
redevelopment area for use in accordance with a redevelopment plan.
(g) Within a redevelopment project area, fix, charge and collect
fees, rents and charges for the use of any building or property owned
or leased by it or any part thereof, or facility therein.
(h) Accept grants, guarantees and donations of property, labor,
or other things of value from a public or private source for use
within a project redevelopment area.
(i) Acquire and construct public facilities within a
redevelopment project area.
(j) Incur project redevelopment costs.
(k) Create a commission of not less than 5 or more than 15
persons to be appointed by the mayor or president of the municipality
with the consent of the majority of the governing board of the
municipality. Members of a commission appointed after the effective
date of this amendatory Act of 1987 shall be appointed for initial
terms of 1, 2, 3, 4 and 5 years, respectively, in such numbers as to
provide that the terms of not more than 1/3 of all such members shall
expire in any one year. Their successors shall be appointed for a
term of 5 years. The commission, subject to approval of the
corporate authorities may exercise the powers enumerated in this
Section. The commission shall also have the power to hold the public
hearings required by this division and make recommendations to the
corporate authorities concerning the adoption of redevelopment plans,
redevelopment projects and designation of redevelopment project
areas.
(l) Make payment in lieu of taxes or a portion thereof to taxing
districts. If payments in lieu of taxes or a portion thereof are
made to taxing districts, those payments shall be made to all
districts within a project redevelopment area on a basis which is
proportional to the current collections of revenue which each taxing
district receives from real property in the redevelopment project
area.
(m) Exercise any and all other powers necessary to effectuate
the purposes of this Act.
(n) If any member of the corporate authority, a member of a
commission established pursuant to Section 11-74.4-4(k) of this Act,
or an employee or consultant of the municipality involved in the
planning and preparation of a redevelopment plan, or project for a
redevelopment project area or proposed redevelopment project area, as
defined in Sections 11-74.4-3(i) through (k) of this Act, owns or
HOUSE OF REPRESENTATIVES 6287
controls an interest, direct or indirect, in any property included in
any redevelopment area, or proposed redevelopment area, he or she
shall disclose the same in writing to the clerk of the municipality,
and shall also so disclose the dates and terms and conditions of any
disposition of any such interest, which disclosures shall be
acknowledged by the corporate authorities and entered upon the minute
books of the corporate authorities. If an individual holds such an
interest then that individual shall refrain from any further official
involvement in regard to such redevelopment plan, project or area,
from voting on any matter pertaining to such redevelopment plan,
project or area, or communicating with other members concerning
corporate authorities, commission or employees concerning any matter
pertaining to said redevelopment plan, project or area. Furthermore,
no such member or employee shall acquire of any interest direct, or
indirect, in any property in a redevelopment area or proposed
redevelopment area after either (a) such individual obtains knowledge
of such plan, project or area or (b) first public notice of such
plan, project or area pursuant to Section 11-74.4-6 of this Division,
whichever occurs first. For the purposes of this subsection, a
month-to-month leasehold interest in a single parcel of property by a
member of the corporate authority shall not be deemed to constitute
an interest in any property included in any redevelopment area or
proposed redevelopment area, but the member must disclose the
interest to the municipal clerk under the provisions of this
subsection.
(o) Create a Tax Increment Economic Development Advisory
Committee to be appointed by the Mayor or President of the
municipality with the consent of the majority of the governing board
of the municipality, the members of which Committee shall be
appointed for initial terms of 1, 2, 3, 4 and 5 years respectively,
in such numbers as to provide that the terms of not more than 1/3 of
all such members shall expire in any one year. Their successors
shall be appointed for a term of 5 years. The Committee shall have
none of the powers enumerated in this Section. The Committee shall
serve in an advisory capacity only. The Committee may advise the
governing Board of the municipality and other municipal officials
regarding development issues and opportunities within the
redevelopment project area or the area within the State Sales Tax
Boundary. The Committee may also promote and publicize development
opportunities in the redevelopment project area or the area within
the State Sales Tax Boundary.
(p) Municipalities may jointly undertake and perform
redevelopment plans and projects and utilize the provisions of the
Act wherever they have contiguous redevelopment project areas or they
determine to adopt tax increment financing with respect to a
redevelopment project area which includes contiguous real property
within the boundaries of the municipalities, and in doing so, they
may, by agreement between municipalities, issue obligations,
separately or jointly, and expend revenues received under the Act for
eligible expenses anywhere within contiguous redevelopment project
areas or as otherwise permitted in the Act.
(q) Utilize revenues, other than State sales tax increment
revenues, received under this Act from one redevelopment project area
for eligible costs in another redevelopment project area that is
either contiguous to, or is separated only by a public right of way
from, the redevelopment project area from which the revenues are
received. Utilize tax increment revenues for eligible costs that are
received from a redevelopment project area created under the
Industrial Jobs Recovery Law that is either contiguous to, or is
separated only by a public right of way from, the redevelopment
project area created under this Act which initially receives these
6288 JOURNAL OF THE [May 27, 1999]
revenues. Utilize revenues, other than State sales tax increment
revenues, by transferring or loaning such revenues to a redevelopment
project area created under the Industrial Jobs Recovery Law that is
either contiguous to, or separated only by a public right of way from
the redevelopment project area that initially produced and received
those revenues.
(r) If no redevelopment project has been initiated in a
redevelopment project area within 7 years after the area was
designated by ordinance under subsection (a), the municipality shall
adopt an ordinance repealing the area's designation as a
redevelopment project area; provided, however, that if an area
received its designation more than 3 years before the effective date
of this amendatory Act of 1994 and no redevelopment project has been
initiated within 4 years after the effective date of this amendatory
Act of 1994, the municipality shall adopt an ordinance repealing its
designation as a redevelopment project area. Initiation of a
redevelopment project shall be evidenced by either a signed
redevelopment agreement or expenditures on eligible redevelopment
project costs associated with a redevelopment project.
(Source: P.A. 90-258, eff. 7-30-97.)"; and
on page 25, below line 6, by inserting the following:
"Section 10. The Economic Development Project Area Tax Increment
Allocation Act of 1995 is amended by changing Sections 5 and 10 as
follows:
(65 ILCS 110/5)
Sec. 5. Legislative Declaration.
(a) The General Assembly finds, determines, and declares the
following:
(1) Actions taken by the Secretary of Defense to close
military installations under Title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note), the Defense Base
Closure and Realignment Act of 1990 (part A of Title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), and actions
taken by the Secretary of the Army to transfer the military
installation, described in subsection (b) of Section 15 of the
Joliet Arsenal Development Authority Act, pursuant to the
Illinois Land Conservation Act (Title XXIX of Public Law 104-106;
16 U.S.C. 1609), as supplemented and amended, have an adverse
socioeconomic impact upon the State residents due to the loss of
civilian job opportunities, the transfer of permanently stationed
military personnel, the decline in population, the vacancy of
existing buildings, structures, residential housing units and
other facilities, the burden of assuming and maintaining existing
utility systems, and the erosion of the State's economic base.
(2) The redevelopment and reuse by the public and private
sectors of any military installation closed by the Secretary of
Defense and converted to civilian use is impaired due to little
or no platting of any of the land, deleterious land use and
layout, lack of community planning, depreciation of physical
maintenance, presence of structures below minimum code standards,
excessive vacancies, lack of adequate utility services and need
to improve transportation facilities.
(3) The closing of military installations within the State
is a serious menace to the health, safety, morals, and general
welfare of the people of the entire State.
(4) Protection against the economic burdens associated with
the closing of military installations, the consequent spread of
economic stagnation, the impairments to redevelopment and reuse,
and the resulting harm to the tax base of the State can best be
HOUSE OF REPRESENTATIVES 6289
provided by promoting, attracting and stimulating commerce,
industry, manufacturing and other public and private sector
investment within the State.
(5) The continual encouragement, redevelopment, reuse,
growth, and expansion of commercial businesses, industrial and
manufacturing facilities and other public and private investment
on closed military installations within the State requires a
cooperative and continuous partnership between government and the
private sector.
(6) The State has a responsibility to create a favorable
climate for new and improved job opportunities for its citizens
and to increase the tax base of the State and its political
subdivisions by encouraging the redevelopment and reuse by the
public and private sectors of new commercial businesses,
industrial and manufacturing facilities, and other civilian uses
with respect to the vacant buildings, structures, residential
housing units, and other facilities on closed military
installations within the State.
(7) The lack of redevelopment and reuse of closed military
installations within the State has persisted, despite efforts of
State and local authorities and private organizations to attract
new commercial businesses, industrial and manufacturing
facilities and other public and private sector investment for
civilian use to closed military installations within the State.
(8) The economic burdens associated with the closing of
military installations within the State may continue and worsen
if the State and its political subdivisions are not able to
provide additional incentives to commercial businesses,
industrial and manufacturing facilities, and other public and
private investment for civilian use to locate on closed military
installations within the State.
(9) The provision of additional incentives by the State and
its political subdivisions is intended to relieve conditions of
unemployment, create new job opportunities, increase industry and
commerce, increase the tax base of the State and its political
subdivisions, and alleviate vacancies and conditions leading to
deterioration and blight on closed military installations within
the State, thereby creating job opportunities and eradicating
deteriorating and blighting conditions for the residents of the
State and reducing the evils attendant upon unemployment and
blight.
(b) It is hereby declared to be the policy of the State, in the
interest of promoting the health, safety, morals, and general welfare
of all the people of the State, to provide incentives that will
create new job opportunities and eradicate potentially blighted
conditions on closed military installations within the State, and it
is further declared that the relief of conditions of unemployment,
the creation of new job opportunities, the increase of industry and
commerce within the State, the alleviation of vacancies and
conditions leading to deterioration and blight, the reduction of the
evils of unemployment, and the increase of the tax base of the State
and its political subdivisions are public purposes and for the public
safety, benefit, and welfare of the residents of this State.
(Source: P.A. 89-176, eff. 1-1-96; 90-655, eff. 7-30-98.)
(65 ILCS 110/10)
Sec. 10. Definitions. In this Act, words or terms have the
following meanings:
(a) "Closed military installation" means a former base, camp,
post, station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States Department of
the Defense which is not less in the aggregate than 500 acres and
6290 JOURNAL OF THE [May 27, 1999]
which is closed or in the process of being closed by the Secretary of
Defense under and pursuant to Title II of the Defense Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note), The
Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101-510; 10 U.S.C. 2687 note), or Section 2687 of
Title 10 of the United States Code (10 U.S.C. 2687), or an
installation, described in subsection (b) of Section 15 of the Joliet
Arsenal Development Authority Act, that has been transferred or is in
the process of being transferred by the Secretary of the Army
pursuant to the Illinois Land Conservation Act (Title XXIX of Public
Law 104-106; 16 U.S.C. 1609), as each may be further supplemented or
amended.
(b) "Economic development plan" means the written plan of a
municipality that sets forth an economic development program for an
economic development project area. Each economic development plan
shall include but not be limited to (i) estimated economic
development project costs, (ii) the sources of funds to pay those
costs, (iii) the nature and term of any obligations to be issued by
the municipality to pay those costs, (iv) the most recent equalized
assessed valuation of the economic development project area, (v) an
estimate of the equalized assessed valuation of the economic
development project area after completion of an economic development
project, (vi) the estimated date of completion of any economic
development project proposed to be undertaken, (vii) a general
description of the types of any proposed developers, users, or
tenants of any property to be located or improved within the economic
development project area, (viii) a description of the type,
structure, and general character of the facilities to be developed or
improved, (ix) a description of the general land uses to apply in the
economic development project area, (x) a general description or an
estimate of the type, class, and number of employees to be employed
in the operation of the facilities to be developed or improved, and
(xi) a commitment by the municipality to fair employment practices
and an affirmative action plan regarding any economic development
program to be undertaken by the municipality.
(c) "Economic development project" means any development project
furthering the objectives of this Act.
(d) "Economic development project area" means any improved or
vacant area that (i) is within or partially within and contiguous to
the boundaries of a closed military installation as defined in
subsection (a) of this Section (except the installation described in
Section 15 of the Joliet Arsenal Development Authority Act) or, only
in the case of the installation described in Section 15 of the
Joliet Arsenal Development Authority Act, is within or contiguous to
the closed military installation, (ii) is located entirely within the
territorial limits of a municipality, (iii) is contiguous, (iv) is
not less in the aggregate than 1 1/2 acres, (v) is suitable for
siting by a commercial, manufacturing, industrial, research,
transportation or residential housing enterprise or facilities to
include but not be limited to commercial businesses, offices,
factories, mills, processing plants, industrial or commercial
distribution centers, warehouses, repair overhaul or service
facilities, freight terminals, research facilities, test facilities,
transportation facilities or single or multi-family residential
housing units, regardless of whether the area has been used at any
time for those facilities and regardless of whether the area has been
used or is suitable for other uses and (vi) has been approved and
certified by the corporate authorities of the municipality pursuant
to this Act.
(e) "Economic development project costs" means and includes the
total of all reasonable or necessary costs incurred or to be incurred
HOUSE OF REPRESENTATIVES 6291
under an economic development project, including, without limitation,
the following:
(1) Costs of studies, surveys, development of plans and
specifications, and implementation and administration of an
economic development plan and personnel and professional service
costs for architectural, engineering, legal, marketing, financial
planning, police, fire, public works, public utility, or other
services. No charges for professional services, however, may be
based on a percentage of incremental tax revenues.
(2) Property assembly costs within an economic development
project area, including but not limited to acquisition of land
and other real or personal property or rights or interests in
property.
(3) Site preparation costs, including but not limited to
clearance of any area within an economic development project area
by demolition or removal of any existing buildings, structures,
fixtures, utilities, and improvements and clearing and grading;
and including installation, repair, construction, reconstruction,
extension or relocation of public streets, public utilities, and
other public site improvements located outside the boundaries of
an economic development project area that are essential to the
preparation of the economic development project area for use with
an economic development plan.
(4) Costs of renovation, rehabilitation, reconstruction,
relocation, repair, or remodeling of any existing buildings,
improvements, equipment, and fixtures within an economic
development project area.
(5) Costs of installation or construction within an
economic development project area of any buildings, structures,
works, streets, improvements, equipment, utilities, or fixtures,
whether publicly or privately owned or operated.
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance of
obligations, payment of any interest on any obligations issued
under this Act that accrues during the estimated period of
construction of any economic development project for which the
obligations are issued and for not more than 36 months after that
period, and any reasonable reserves related to the issuance of
the obligations.
(7) All or a portion of a taxing district's capital or
operating costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a taxing
district in the furtherance of the objectives of an economic
development project, to the extent that the municipality, by
written agreement, accepts and approves those costs.
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is required to
pay relocation costs by federal or State law.
(9) The estimated tax revenues from real property in an
economic development project area acquired by a municipality in
furtherance of an economic development project under this Act
that, according to the economic development plan, is to be used
for a private use (i) that any taxing district would have
received had the municipality not adopted tax increment
allocation financing for an economic development project area and
(ii) that would result from the taxing district's levies made
after the time of the adoption by the municipality of tax
increment allocation financing to the time the current equalized
assessed value of real property in the economic development
project area exceeds the total initial equalized value of real
property.
6292 JOURNAL OF THE [May 27, 1999]
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name the
general taxes were paid for the last preceding year on any lot,
block, tract, or parcel of land in the economic development
project area, provided that:
(A) the economic development project area is located
in an enterprise zone created under the Illinois Enterprise
Zone Act;
(B) the ad valorem taxes shall be rebated only in
amounts and for a tax year or years as the municipality and
any one or more affected taxing districts have agreed by
prior written agreement;
(C) any amount of rebate of taxes shall not exceed the
portion, if any, of taxes levied by the municipality or
taxing district or districts that is attributable to the
increase in the current equalized assessed valuation of each
taxable lot, block, tract, or parcel of real property in the
economic development project area over and above the initial
equalized assessed value of each property existing at the
time property tax allocation financing was adopted for the
economic development project area; and
(D) costs of rebating ad valorem taxes shall be paid
by a municipality solely from the special tax allocation
fund established under this Act and shall not be paid from
the proceeds of any obligations issued by a municipality.
(11) Costs of job training or advanced vocational or career
education, including but not limited to courses in occupational,
semi-technical, or technical fields leading directly to
employment, incurred by one or more taxing districts, but only if
the costs are related to the establishment and maintenance of
additional job training, advanced vocational education, or career
education programs for persons employed or to be employed by
employers located in the economic development project area and
only if, when the costs are incurred by a taxing district or
taxing districts other than the municipality, they shall be set
forth in a written agreement by or among the municipality and the
taxing district or taxing districts that describes the program to
be undertaken, including without limitation the number of
employees to be trained, a description of the training and
services to be provided, the number and type of positions
available or to be available, itemized costs of the program and
sources of funds to pay the costs, and the term of the agreement.
These costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37, 3-38, 3-40
and 3-40.1 of the Public Community College Act and by school
districts of costs pursuant to Sections 10-22.20 and 10-23.3a of
the School Code.
(12) Private financing costs incurred by a developer or
other nongovernmental person in connection with an economic
development project, provided that:
(A) private financing costs shall be paid or
reimbursed by a municipality only pursuant to the prior
official action of the municipality evidencing an intent to
pay or reimburse such private financing costs;
(B) except as provided in subparagraph (D), the
aggregate amount of the costs paid or reimbursed by a
municipality in any one year shall not exceed 30% of the
costs paid or incurred by the developer or other
nongovernmental person in that year;
(C) private financing costs shall be paid or
reimbursed by a municipality solely from the special tax
HOUSE OF REPRESENTATIVES 6293
allocation fund established under this Act and shall not be
paid from the proceeds of any obligations issued by a
municipality; and
(D) if there are not sufficient funds available in the
special tax allocation fund in any year to make the payment
or reimbursement in full, any amount of the interest costs
remaining to be paid or reimbursed by a municipality shall
accrue and be payable when funds are available in the
special tax allocation fund to make the payment.
If a special service area has been established under the Special
Service Area Tax Act, then any tax increment revenues derived from
the tax imposed pursuant to the Special Service Area Tax Act may be
used within the economic development project area for the purposes
permitted by that Act as well as the purposes permitted by this Act.
(f) "Municipality" means a city, village, or incorporated town.
(g) "Obligations" means any instrument evidencing the obligation
of a municipality to pay money, including without limitation bonds,
notes, installment or financing contracts, certificates, tax
anticipation warrants or notes, vouchers, and any other evidences of
indebtedness.
(h) "Taxing districts" means counties, townships, and school,
road, park, sanitary, mosquito abatement, forest preserve, public
health, fire protection, river conservancy, tuberculosis sanitarium,
and any other districts or other municipal corporations with the
power to levy taxes.
(Source: P.A. 89-176, eff. 1-1-96.)".
Submitted on May 26, 1999
s/Sen. Frank Watson s/Rep. Barbara Flynn Currie
s/Sen. William E. Peterson s/Rep. Thomas Holbrook
s/Sen. Christine Radogno s/Rep. Douglas P. Scott
s/Sen. James F. Clayborne, Jr. s/Rep. Ron Stephens
s/Sen. Pat Welch s/Rep. Brent Hassert
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. 286
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 286
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 Amendments Nos.
1, 2, 3, and 4 to Senate Bill 286, recommend the following:
(1) that the House recede from House Amendments Nos. 1, 2, and
3; and
(2) that the Senate concur in House Amendment No. 4.
Submitted on May 27, 1999
6294 JOURNAL OF THE [May 27, 1999]
s/Sen. Dick Klemm s/Rep. Steve Davis
s/Sen. James "Pate" Philip s/Rep. Daniel Burke
s/Sen. Doris Karpiel s/Rep. Barbara Flynn Currie
Sen. Lawrence Walsh Rep. Art Tenhouse
Sen. William Shaw Rep. Ronald Wait
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. 338
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 338
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 338, recommend the following:
(1) that the Senate concur in House Amendment No. 1; and
(2) that Senate Bill 338 be further amended by replacing the title
with the following:
"AN ACT concerning insurance taxes."; and
by inserting after the end of Section 5 the following:
"Section 7. The Illinois Income Tax Act is amended by changing
Section 201 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby imposed
on every individual, corporation, trust and estate for each taxable
year ending after July 31, 1969 on the privilege of earning or
receiving income in or as a resident of this State. Such tax shall be
in addition to all other occupation or privilege taxes imposed by
this State or by any municipal corporation or political subdivision
thereof.
(b) Rates. The tax imposed by subsection (a) of this Section
shall be determined as follows, except as adjusted by subsection
(d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount equal to 2
1/2% of the taxpayer's net income for the taxable year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending after
June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the
taxpayer's net income for the period prior to July 1, 1989, as
calculated under Section 202.3, and (ii) 3% of the taxpayer's net
income for the period after June 30, 1989, as calculated under
Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, an amount equal to
3% of the taxpayer's net income for the taxable year.
(4) (Blank).
HOUSE OF REPRESENTATIVES 6295
(5) (Blank).
(6) In the case of a corporation, for taxable years ending
prior to July 1, 1989, an amount equal to 4% of the taxpayer's
net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30, 1989,
an amount equal to the sum of (i) 4% of the taxpayer's net income
for the period prior to July 1, 1989, as calculated under Section
202.3, and (ii) 4.8% of the taxpayer's net income for the period
after June 30, 1989, as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, an amount equal to 4.8% of the
taxpayer's net income for the taxable year.
(c) Beginning on July 1, 1979 and thereafter, in addition to
such income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership and
trust, for each taxable year ending after June 30, 1979. Such taxes
are imposed on the privilege of earning or receiving income in or as
a resident of this State. The Personal Property Tax Replacement
Income Tax shall be in addition to the income tax imposed by
subsections (a) and (b) of this Section and in addition to all other
occupation or privilege taxes imposed by this State or by any
municipal corporation or political subdivision thereof.
(d) Additional Personal Property Tax Replacement Income Tax
Rates. The personal property tax replacement income tax imposed by
this subsection and subsection (c) of this Section in the case of a
corporation, other than a Subchapter S corporation and except as
adjusted by subsection (d-1), shall be an additional amount equal to
2.85% of such taxpayer's net income for the taxable year, except that
beginning on January 1, 1981, and thereafter, the rate of 2.85%
specified in this subsection shall be reduced to 2.5%, and in the
case of a partnership, trust or a Subchapter S corporation shall be
an additional amount equal to 1.5% of such taxpayer's net income for
the taxable year.
(d-1) Rate reduction for certain foreign insurers. In the case
of a foreign insurer, as defined by Section 35A-5 of the Illinois
Insurance Code, whose state or country of domicile imposes on
insurers domiciled in Illinois a retaliatory tax (excluding any
insurer whose reinsurance premiums assumed are 50% or more of its
total insurance premiums as determined under paragraph (2) of
subsection (b) of Section 304, except that for purposes of this
determination reinsurance premiums do not include assumed premiums
from inter-affiliate pooling arrangements), beginning with taxable
years ending on or after December 31, 1999 and ending with taxable
years ending on or before December 31, 2000, the sum of the rates of
tax imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed under
this Act, net of all credits allowed under this Act, shall equal (i)
the total amount of tax that would be imposed on the foreign
insurer's net income allocable to Illinois for the taxable year by
such foreign insurer's state or country of domicile if that net
income were subject to all income taxes and taxes measured by net
income imposed by such foreign insurer's state or country of
domicile, net of all credits allowed or (ii) a rate of zero if no
such tax is imposed on such income by the foreign insurer's state of
domicile.
(1) For the purposes of subsection (d-1), in no event shall
the sum of the rates of tax imposed by subsections (b) and (d) be
reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such foreign
6296 JOURNAL OF THE [May 27, 1999]
insurer under this Act for a taxable year, net of all
credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of the
Illinois Insurance Code, the fire insurance company tax
imposed by Section 12 of the Fire Investigation Act, and the
fire department taxes imposed under Section 11-10-1 of the
Illinois Municipal Code,
equals 1.25% of the net taxable premiums written for the taxable
year, as described by subsection (1) of Section 409 of the
Illinois Insurance Code. This paragraph will in no event
increase the rates imposed under subsections (b) and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates imposed by
subsection (b) and only after the tax imposed by subsection (a)
net of all credits allowed under this Section other than the
credit allowed under subsection (i) has been reduced to zero,
against the rates imposed by subsection (d).
(3) The provisions of this subsection (d-1) are effective
only through December 31, 2000 and cease to be effective on
January 1, 2001; but this does not affect any claim or obligation
based upon the use or application of this subsection for tax
years ending on December 31, 2000 or earlier.
(e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for
investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5% of
the basis of qualified property placed in service during the
taxable year, provided such property is placed in service on or
after July 1, 1984. There shall be allowed an additional credit
equal to .5% of the basis of qualified property placed in service
during the taxable year, provided such property is placed in
service on or after July 1, 1986, and the taxpayer's base
employment within Illinois has increased by 1% or more over the
preceding year as determined by the taxpayer's employment records
filed with the Illinois Department of Employment Security.
Taxpayers who are new to Illinois shall be deemed to have met the
1% growth in base employment for the first year in which they
file employment records with the Illinois Department of
Employment Security. The provisions added to this Section by
Public Act 85-1200 (and restored by Public Act 87-895) shall be
construed as declaratory of existing law and not as a new
enactment. If, in any year, the increase in base employment
within Illinois over the preceding year is less than 1%, the
additional credit shall be limited to that percentage times a
fraction, the numerator of which is .5% and the denominator of
which is 1%, but shall not exceed .5%. The investment credit
shall not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may any
credit for qualified property be allowed for any year other than
the year in which the property was placed in service in Illinois.
For tax years ending on or after December 31, 1987, and on or
before December 31, 1988, the credit shall be allowed for the tax
year in which the property is placed in service, or, if the
amount of the credit exceeds the tax liability for that year,
whether it exceeds the original liability or the liability as
later amended, such excess may be carried forward and applied to
the tax liability of the 5 taxable years following the excess
credit years if the taxpayer (i) makes investments which cause
the creation of a minimum of 2,000 full-time equivalent jobs in
Illinois, (ii) is located in an enterprise zone established
pursuant to the Illinois Enterprise Zone Act and (iii) is
HOUSE OF REPRESENTATIVES 6297
certified by the Department of Commerce and Community Affairs as
complying with the requirements specified in clause (i) and (ii)
by July 1, 1986. The Department of Commerce and Community
Affairs shall notify the Department of Revenue of all such
certifications immediately. For tax years ending after December
31, 1988, the credit shall be allowed for the tax year in which
the property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit
years. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and signs
that are real property, but not including land or
improvements to real property that are not a structural
component of a building such as landscaping, sewer lines,
local access roads, fencing, parking lots, and other
appurtenances;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is primarily
engaged in manufacturing, or in mining coal or fluorite, or
in retailing; and
(E) has not previously been used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (e) or subsection (f).
(3) For purposes of this subsection (e), "manufacturing"
means the material staging and production of tangible personal
property by procedures commonly regarded as manufacturing,
processing, fabrication, or assembling which changes some
existing material into new shapes, new qualities, or new
combinations. For purposes of this subsection (e) the term
"mining" shall have the same meaning as the term "mining" in
Section 613(c) of the Internal Revenue Code. For purposes of
this subsection (e), the term "retailing" means the sale of
tangible personal property or services rendered in conjunction
with the sale of tangible consumer goods or commodities.
(4) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(5) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(6) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any qualified
property is moved outside Illinois within 48 months after being
placed in service, the Personal Property Tax Replacement Income
6298 JOURNAL OF THE [May 27, 1999]
Tax for such taxable year shall be increased. Such increase
shall be determined by (i) recomputing the investment credit
which would have been allowed for the year in which credit for
such property was originally allowed by eliminating such property
from such computation and, (ii) subtracting such recomputed
credit from the amount of credit previously allowed. For the
purposes of this paragraph (7), a reduction of the basis of
qualified property resulting from a redetermination of the
purchase price shall be deemed a disposition of qualified
property to the extent of such reduction.
(8) Unless the investment credit is extended by law, the
basis of qualified property shall not include costs incurred
after December 31, 2003, except for costs incurred pursuant to a
binding contract entered into on or before December 31, 2003.
(9) Each taxable year, a partnership may elect to pass
through to its partners the credits to which the partnership is
entitled under this subsection (e) for the taxable year. A
partner may use the credit allocated to him or her under this
paragraph only against the tax imposed in subsections (c) and (d)
of this Section. If the partnership makes that election, those
credits shall be allocated among the partners in the partnership
in accordance with the rules set forth in Section 704(b) of the
Internal Revenue Code, and the rules promulgated under that
Section, and the allocated amount of the credits shall be allowed
to the partners for that taxable year. The partnership shall
make this election on its Personal Property Tax Replacement
Income Tax return for that taxable year. The election to pass
through the credits shall be irrevocable.
(f) Investment credit; Enterprise Zone.
(1) A taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) of this Section for investment
in qualified property which is placed in service in an Enterprise
Zone created pursuant to the Illinois Enterprise Zone Act. For
partners and for shareholders of Subchapter S corporations, there
shall be allowed a credit under this subsection (f) to be
determined in accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
Subchapter S of the Internal Revenue Code. The credit shall be
.5% of the basis for such property. The credit shall be
available only in the taxable year in which the property is
placed in service in the Enterprise Zone and shall not be allowed
to the extent that it would reduce a taxpayer's liability for the
tax imposed by subsections (a) and (b) of this Section to below
zero. For tax years ending on or after December 31, 1985, the
credit shall be allowed for the tax year in which the property is
placed in service, or, if the amount of the credit exceeds the
tax liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess may be
carried forward and applied to the tax liability of the 5 taxable
years following the excess credit year. The credit shall be
applied to the earliest year for which there is a liability. If
there is credit from more than one tax year that is available to
offset a liability, the credit accruing first in time shall be
applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (f);
HOUSE OF REPRESENTATIVES 6299
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone by the taxpayer;
and
(E) has not been previously used in Illinois in such a
manner and by such a person as would qualify for the credit
provided by this subsection (f) or subsection (e).
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in the Enterprise Zone by the taxpayer, the amount of
such increase shall be deemed property placed in service on the
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to be
qualified property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any qualified
property is moved outside the Enterprise Zone within 48 months
after being placed in service, the tax imposed under subsections
(a) and (b) of this Section for such taxable year shall be
increased. Such increase shall be determined by (i) recomputing
the investment credit which would have been allowed for the year
in which credit for such property was originally allowed by
eliminating such property from such computation, and (ii)
subtracting such recomputed credit from the amount of credit
previously allowed. For the purposes of this paragraph (6), a
reduction of the basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a
disposition of qualified property to the extent of such
reduction.
(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone
or Sub-Zone.
(1) A taxpayer conducting a trade or business in an
enterprise zone or a High Impact Business designated by the
Department of Commerce and Community Affairs conducting a trade
or business in a federally designated Foreign Trade Zone or
Sub-Zone shall be allowed a credit against the tax imposed by
subsections (a) and (b) of this Section in the amount of $500 per
eligible employee hired to work in the zone during the taxable
year.
(2) To qualify for the credit:
(A) the taxpayer must hire 5 or more eligible
employees to work in an enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone during the taxable
year;
(B) the taxpayer's total employment within the
enterprise zone or federally designated Foreign Trade Zone
or Sub-Zone must increase by 5 or more full-time employees
beyond the total employed in that zone at the end of the
previous tax year for which a jobs tax credit under this
Section was taken, or beyond the total employed by the
taxpayer as of December 31, 1985, whichever is later; and
(C) the eligible employees must be employed 180
consecutive days in order to be deemed hired for purposes of
this subsection.
(3) An "eligible employee" means an employee who is:
(A) Certified by the Department of Commerce and
Community Affairs as "eligible for services" pursuant to
6300 JOURNAL OF THE [May 27, 1999]
regulations promulgated in accordance with Title II of the
Job Training Partnership Act, Training Services for the
Disadvantaged or Title III of the Job Training Partnership
Act, Employment and Training Assistance for Dislocated
Workers Program.
(B) Hired after the enterprise zone or federally
designated Foreign Trade Zone or Sub-Zone was designated or
the trade or business was located in that zone, whichever is
later.
(C) Employed in the enterprise zone or Foreign Trade
Zone or Sub-Zone. An employee is employed in an enterprise
zone or federally designated Foreign Trade Zone or Sub-Zone
if his services are rendered there or it is the base of
operations for the services performed.
(D) A full-time employee working 30 or more hours per
week.
(4) For tax years ending on or after December 31, 1985 and
prior to December 31, 1988, the credit shall be allowed for the
tax year in which the eligible employees are hired. For tax
years ending on or after December 31, 1988, the credit shall be
allowed for the tax year immediately following the tax year in
which the eligible employees are hired. If the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
liability of the 5 taxable years following the excess credit
year. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, earlier credit
shall be applied first.
(5) The Department of Revenue shall promulgate such rules
and regulations as may be deemed necessary to carry out the
purposes of this subsection (g).
(6) The credit shall be available for eligible employees
hired on or after January 1, 1986.
(h) Investment credit; High Impact Business.
(1) Subject to subsection (b) of Section 5.5 of the
Illinois Enterprise Zone Act, a taxpayer shall be allowed a
credit against the tax imposed by subsections (a) and (b) of this
Section for investment in qualified property which is placed in
service by a Department of Commerce and Community Affairs
designated High Impact Business. The credit shall be .5% of the
basis for such property. The credit shall not be available until
the minimum investments in qualified property set forth in
Section 5.5 of the Illinois Enterprise Zone Act have been
satisfied and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by subsections
(a) and (b) of this Section to below zero. The credit applicable
to such minimum investments shall be taken in the taxable year in
which such minimum investments have been completed. The credit
for additional investments beyond the minimum investment by a
designated high impact business shall be available only in the
taxable year in which the property is placed in service and shall
not be allowed to the extent that it would reduce a taxpayer's
liability for the tax imposed by subsections (a) and (b) of this
Section to below zero. For tax years ending on or after December
31, 1987, the credit shall be allowed for the tax year in which
the property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later amended,
such excess may be carried forward and applied to the tax
HOUSE OF REPRESENTATIVES 6301
liability of the 5 taxable years following the excess credit
year. The credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one tax
year that is available to offset a liability, the credit accruing
first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public Act 88-670
restore changes made by Public Act 85-1182 and reflect existing
law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property" as
defined in Section 168(c)(2)(A) of that Code is not eligible
for the credit provided by this subsection (h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone Investment
Credit provided by subsection (f) of this Section.
(3) The basis of qualified property shall be the basis used
to compute the depreciation deduction for federal income tax
purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed in
service in a federally designated Foreign Trade Zone or Sub-Zone
located in Illinois by the taxpayer, the amount of such increase
shall be deemed property placed in service on the date of such
increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before December
31, 1996, any property ceases to be qualified property in the
hands of the taxpayer within 48 months after being placed in
service, or the situs of any qualified property is moved outside
Illinois within 48 months after being placed in service, the tax
imposed under subsections (a) and (b) of this Section for such
taxable year shall be increased. Such increase shall be
determined by (i) recomputing the investment credit which would
have been allowed for the year in which credit for such property
was originally allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit from the
amount of credit previously allowed. For the purposes of this
paragraph (6), a reduction of the basis of qualified property
resulting from a redetermination of the purchase price shall be
deemed a disposition of qualified property to the extent of such
reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and the
taxpayer relocates its entire facility in violation of the
explicit terms and length of the contract under Section 18-183 of
the Property Tax Code, the tax imposed under subsections (a) and
(b) of this Section shall be increased for the taxable year in
which the taxpayer relocated its facility by an amount equal to
the amount of credit received by the taxpayer under this
subsection (h).
(i) A credit shall be allowed against the tax imposed by
subsections (a) and (b) of this Section for the tax imposed by
subsections (c) and (d) of this Section. This credit shall be
computed by multiplying the tax imposed by subsections (c) and (d) of
this Section by a fraction, the numerator of which is base income
6302 JOURNAL OF THE [May 27, 1999]
allocable to Illinois and the denominator of which is Illinois base
income, and further multiplying the product by the tax rate imposed
by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed because
it exceeds the tax liability imposed by subsections (a) and (b) for
that year (whether it exceeds the original liability or the liability
as later amended) may be carried forward and applied to the tax
liability imposed by subsections (a) and (b) of the 5 taxable years
following the excess credit year. This credit shall be applied first
to the earliest year for which there is a liability. If there is a
credit under this subsection from more than one tax year that is
available to offset a liability the earliest credit arising under
this subsection shall be applied first.
If, during any taxable year ending on or after December 31, 1986,
the tax imposed by subsections (c) and (d) of this Section for which
a taxpayer has claimed a credit under this subsection (i) is reduced,
the amount of credit for such tax shall also be reduced. Such
reduction shall be determined by recomputing the credit to take into
account the reduced tax imposed by subsection (c) and (d). If any
portion of the reduced amount of credit has been carried to a
different taxable year, an amended return shall be filed for such
taxable year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years ending on
or after December 31, 1986, a taxpayer shall be allowed a credit
against the tax imposed by subsection (a) and (b) under this Section
for all amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside of
Illinois by a taxpayer, for educational or vocational training in
semi-technical or technical fields or semi-skilled or skilled fields,
which were deducted from gross income in the computation of taxable
income. The credit against the tax imposed by subsections (a) and
(b) shall be 1.6% of such training expenses. For partners and for
shareholders of subchapter S corporations, there shall be allowed a
credit under this subsection (j) to be determined in accordance with
the determination of income and distributive share of income under
Sections 702 and 704 and subchapter S of the Internal Revenue Code.
Any credit allowed under this subsection which is unused in the
year the credit is earned may be carried forward to each of the 5
taxable years following the year for which the credit is first
computed until it is used. This credit shall be applied first to the
earliest year for which there is a liability. If there is a credit
under this subsection from more than one tax year that is available
to offset a liability the earliest credit arising under this
subsection shall be applied first.
(k) Research and development credit.
Beginning with tax years ending after July 1, 1990, a taxpayer
shall be allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for increasing research activities in this
State. The credit allowed against the tax imposed by subsections (a)
and (b) shall be equal to 6 1/2% of the qualifying expenditures for
increasing research activities in this State.
For purposes of this subsection, "qualifying expenditures" means
the qualifying expenditures as defined for the federal credit for
increasing research activities which would be allowable under Section
41 of the Internal Revenue Code and which are conducted in this
State, "qualifying expenditures for increasing research activities in
this State" means the excess of qualifying expenditures for the
taxable year in which incurred over qualifying expenditures for the
base period, "qualifying expenditures for the base period" means the
average of the qualifying expenditures for each year in the base
HOUSE OF REPRESENTATIVES 6303
period, and "base period" means the 3 taxable years immediately
preceding the taxable year for which the determination is being made.
Any credit in excess of the tax liability for the taxable year
may be carried forward. A taxpayer may elect to have the unused
credit shown on its final completed return carried over as a credit
against the tax liability for the following 5 taxable years or until
it has been fully used, whichever occurs first.
If an unused credit is carried forward to a given year from 2 or
more earlier years, that credit arising in the earliest year will be
applied first against the tax liability for the given year. If a tax
liability for the given year still remains, the credit from the next
earliest year will then be applied, and so on, until all credits have
been used or no tax liability for the given year remains. Any
remaining unused credit or credits then will be carried forward to
the next following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more than 5
years after the year in which the expense for which the credit is
given was incurred.
Unless extended by law, the credit shall not include costs
incurred after December 31, 2004, except for costs incurred pursuant
to a binding contract entered into on or before December 31, 2004.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and on or
before December 31, 2001, a taxpayer shall be allowed a credit
against the tax imposed by subsections (a) and (b) of this
Section for certain amounts paid for unreimbursed eligible
remediation costs, as specified in this subsection. For purposes
of this Section, "unreimbursed eligible remediation costs" means
costs approved by the Illinois Environmental Protection Agency
("Agency") under Section 58.14 of the Environmental Protection
Act that were paid in performing environmental remediation at a
site for which a No Further Remediation Letter was issued by the
Agency and recorded under Section 58.10 of the Environmental
Protection Act. The credit must be claimed for the taxable year
in which Agency approval of the eligible remediation costs is
granted. The credit is not available to any taxpayer if the
taxpayer or any related party caused or contributed to, in any
material respect, a release of regulated substances on, in, or
under the site that was identified and addressed by the remedial
action pursuant to the Site Remediation Program of the
Environmental Protection Act. After the Pollution Control Board
rules are adopted pursuant to the Illinois Administrative
Procedure Act for the administration and enforcement of Section
58.9 of the Environmental Protection Act, determinations as to
credit availability for purposes of this Section shall be made
consistent with those rules. For purposes of this Section,
"taxpayer" includes a person whose tax attributes the taxpayer
has succeeded to under Section 381 of the Internal Revenue Code
and "related party" includes the persons disallowed a deduction
for losses by paragraphs (b), (c), and (f)(1) of Section 267 of
the Internal Revenue Code by virtue of being a related taxpayer,
as well as any of its partners. The credit allowed against the
tax imposed by subsections (a) and (b) shall be equal to 25% of
the unreimbursed eligible remediation costs in excess of $100,000
per site, except that the $100,000 threshold shall not apply to
any site contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs. The total credit
allowed shall not exceed $40,000 per year with a maximum total of
$150,000 per site. For partners and shareholders of subchapter S
corporations, there shall be allowed a credit under this
subsection to be determined in accordance with the determination
6304 JOURNAL OF THE [May 27, 1999]
of income and distributive share of income under Sections 702 and
704 of subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is unused
in the year the credit is earned may be carried forward to each
of the 5 taxable years following the year for which the credit is
first earned until it is used. The term "unused credit" does not
include any amounts of unreimbursed eligible remediation costs in
excess of the maximum credit per site authorized under paragraph
(i). This credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability, the earliest credit arising under this
subsection shall be applied first. A credit allowed under this
subsection may be sold to a buyer as part of a sale of all or
part of the remediation site for which the credit was granted.
The purchaser of a remediation site and the tax credit shall
succeed to the unused credit and remaining carry-forward period
of the seller. To perfect the transfer, the assignor shall
record the transfer in the chain of title for the site and
provide written notice to the Director of the Illinois Department
of Revenue of the assignor's intent to sell the remediation site
and the amount of the tax credit to be transferred as a portion
of the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be eligible
under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site" shall
have the same meaning as under Section 58.2 of the Environmental
Protection Act.
(Source: P.A. 89-235, eff. 8-4-95; 89-519, eff. 7-18-96; 89-591, eff.
8-1-96; 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 90-605, eff.
6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 8-7-98; 90-792, eff.
1-1-99; revised 9-16-98.)".
Submitted on May 24, 1999, 1999
s/Sen. William Peterson Rep. Barbara Flynn Currie
s/Sen. Chris Lauzen s/Rep. Frank Mautino
s/Sen. Beverly Fawell s/Rep. Larry D. Woolard
s/Sen. James F. Clayborne Rep. Art Tenhouse
Sen. Partick Welch Rep. William E. Brady
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. 392
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 392
To the President of the Senate and the Speaker of the House of
Representatives:
We, the conference committee appointed to consider the
HOUSE OF REPRESENTATIVES 6305
differences between the houses in relation to House Amendments Nos.
1, 2, and 4 to Senate Bill 392, recommend the following:
(1) that the House recede from House Amendments Nos. 1, 2, and
4; and
(2) that Senate Bill 392 be amended by replacing the title with
the following:
"AN ACT to amend the Charitable Trust Act by adding Section
7.5."; and
by replacing everything after the enacting clause with the following:
"Section 5. The Charitable Trust Act is amended by adding Section
7.5 as follows:
(760 ILCS 55/7.5 new)
Sec. 7.5. Charitable trust for the benefit of a minor or
disabled person; report.
(a) In the case of a charitable trust established for the
benefit of a minor or disabled person, the person or trustee
responsible for the trust, if not the guardian or parent, shall
report its existence by certified or registered United States mail to
the parent or guardian of the minor or disabled person within 30 days
after formation of the trust and every 6 months thereafter. The
written report shall include the name and address of the trustee or
trustees responsible for the trust, the name and address of the
financial institution at which funds for the trust are held, the
amount of funds raised for the trust, and an itemized list of
expenses for administration of the trust.
The guardian of the estate of the minor or disabled person shall
report the existence of the trust as part of the ward's estate to the
court that appointed the guardian as part of its responsibility to
manage the ward's estate as established under Section 11-13 of the
Probate Act of 1975. Compliance with this Section in no way affects
other requirements for trustee registration and reporting under this
Act or any accountings or authorizations required by the court
handling the ward's estate.
(b) If a person or trustee fails to report the existence of the
trust to the minor's or disabled person's parent or guardian as
required in this Section, the person or trustee is subject to
injunction, to removal, to account, and to other appropriate relief
before a court of competent jurisdiction exercising chancery
jurisdiction.
(c) For the purpose of this Section, a charitable trust for the
benefit of a minor or disabled person is a trust, including a special
needs trust, that receives funds solicited from the public under
representations that such will (i) benefit a needy minor or disabled
person, (ii) pay the medical or living expenses of the minor or
disabled person, or (iii) be used to assist in family expenses of the
minor or disabled person.
(d) Each and every trustee of a charitable trust for the benefit
of a minor or disabled person must register under this Act and in
addition must file an annual report as required by Section 7 of this
Act.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 26, 1999
s/Sen. Patrick O'Malley s/Rep. Thomas Dart
s/Sen. Carl Hawkinson s/Rep. Steve Davis
s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie
s/Sen. John Cullerton s/Rep. Tom Cross
s/Sen. George P. Shadid s/Rep. James H. Meyer
Committee for the Senate Committee for the House
6306 JOURNAL OF THE [May 27, 1999]
A message from the Senate by
Mr. Harry, Secretary:
Mr. Speaker -- I am directed to inform the House of
Representatives that the Senate has adopted the attached First
Conference Committee Report:
SENATE BILL NO. 457
Adopted by the Senate, May 27, 1999.
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 457
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. 2
to Senate Bill 457, recommend the following:
(1) that the House recede from House Amendment No. 2; and
(2) that Senate Bill 457 be amended by replacing everything
after the enacting clause with the following:
"Section 5. The Illinois Plumbing License Law is amended by
adding Section 4 as follows:
(225 ILCS 320/4 new)
Sec. 4. Lawn sprinkler systems.
(a) Notwithstanding any other provision of this Act or of a
local ordinance, until December 2, 1999, the installation of lawn
sprinkler systems, including any piping 2 inches or less in diameter
and appurtenances, does not require licensure under this Act or under
local ordinance, except that a licensed plumber or licensed
apprentice plumber (1) must install the backflow prevention device if
the lawn sprinkler is connected to a potable water system and (2)
must inspect every lawn sprinkler system installed by a person not
licensed under this Act. This Section is a limitation on home rule
units under Section 42, including home rule units that are subject to
Section 16.
(b) This Section is repealed on December 3, 1999.
Section 99. Effective date. This Act takes effect upon becoming
law.".
Submitted on May 27, 1999
s/Sen. Dave Syverson s/Rep. Michael Madigan
s/Sen. Kathleen Parker s/Rep. Douglas Scott
s/Sen. J. Bradley Burzynski s/Rep. Barbara Flynn Currie
Sen. Rickey Hendon s/Rep. Dan Rutherford
Sen. Ira Silverstein s/Rep. Brent Hassert
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. 629
Adopted by the Senate, May 27, 1999.
HOUSE OF REPRESENTATIVES 6307
Jim Harry, Secretary of the Senate
91ST GENERAL ASSEMBLY
CONFERENCE COMMITTEE REPORT
ON SENATE BILL 629
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 629, recommend the following:
1. that the House recede from House Amendment No. 1; and,
2. that Senate Bill 629 be amended as follows:
by replacing the title with the following:
"AN ACT regarding appropriations and reappropriations."; and,
by deleting everything after the enacting clause and inserting in
lieu thereof the following:
"ARTICLE 1
Section 5. The following named amounts, or so much thereof as
may be necessary, respectively, for the objects and purposes
hereinafter named, are appropriated from the General Revenue Fund to
the Board of Higher Education to meet ordinary and contingent
expenses for the fiscal year ending June 30, 2000:
For Personal Services........................... $ 2,054,400
For State Contributions to Social
Security, for Medicare........................ 16,500
For Contractual Services........................ 211,400
For Travel...................................... 91,900
For Commodities................................. 18,000
For Printing.................................... 18,000
For Equipment................................... 47,500
For Telecommunications.......................... 65,000
For Operation of Automotive Equipment........... 2,000
Total $2,524,700
Section 10. The following named amount, or so much
thereof as may be necessary for the object and purpose
hereinafter named, is appropriated from the Education
Assistance Fund to the Board of Higher Education to meet
ordinary and contingent expenses for the fiscal year ending
June 30, 2000:
For Contractual Services........................ $ 322,500
Total $322,500
Section 15. The following named amounts, or so much
thereof as may be necessary, respectively, for the purposes
hereinafter named, are appropriated from the Higher Education
Title II Fund from funds provided under the Dwight D.
Eisenhower Professional Development Program to the Board of
Higher Education for necessary administrative expenses:
For Personal Services........................... $ 75,000
For State Contributions to Social
Security, for Medicare........................ 1,000
For Contractual Services........................ 8,000
For Group Insurance............................. 7,000
For Retirement Contributions.................... 7,000
For Travel...................................... 2,000
For Printing.................................... 3,000
For Equipment................................... 7,000
Total $110,000
Section 20. The following named amounts, or so much
thereof as may be necessary, are appropriated from the
General Revenue Fund to the Board of Higher Education for
distribution as grants authorized by the Higher Education
6308 JOURNAL OF THE [May 27, 1999]
Cooperation Act:
Interinstitutional Grants....................... $ 2,487,000
Minority Articulation........................... 2,700,000
Minority Recruitment, Retention and
Educational Achievement....................... 2,800,000
Quad-Cities Graduate Study Center............... 211,800
Advanced Photon Source Project at
Argonne National Laboratory .................. 3,000,000
Library Projects................................ 1,500,000
School College (P-16) Partnerships.............. 725,000
Workforce and Economic Development.............. 4,700,000
Total $18,123,800
Section 25. The following named amount, or so much
thereof as may be necessary, is appropriated from the
Education Assistance Fund to the Board of Higher Education
for distribution as grants authorized by the Higher Education
Cooperation Act:
Minority Recruitment, Retention,
and Educational Achievement................... $ 3,000,000
Total $3,000,000
Section 30. The sum of $500,000, or so much thereof that
may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for a grant for the
University Center of Lake County.
Section 35. The sum of $50,000, or so much thereof that
may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for graduation
incentives grants.
Section 40. The sum of $100,000, or so much thereof that
may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for a grant to West
Central Illinois Telecommunications Corporation/CONVOCOM.
Section 45. The amount of $15,000,000, or so much
thereof as may be necessary and remains unexpended at the
close of business on June 30, 1999, from an appropriation
heretofore made for such purpose in Section 30 of Article 14
of Public Act 90-585, is reappropriated from the Capital
Development Fund to the Board of Higher Education for
distribution as grants authorized by the Higher Education
Cooperation Act to support a statewide
telecommunications-based instructional delivery system. No
grants shall be made from the appropriation made in this
Section until after the amount has been approved in writing
by the Governor.
Section 50. The sum of $10,000,000, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for distribution as
incentive grants to Illinois higher education institutions in
the competition for external grants and contracts.
Section 55. The sum of $16,149,600, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for distribution as
grants authorized by Section 3 of the Illinois Financial
Assistance Act for Nonpublic Institutions of Higher Learning.
Section 60. The sum of $4,500,000, or so much thereof as
may be necessary, is appropriated from the Education
Assistance Fund to the Board of Higher Education for
distribution as grants authorized by Section 3 of the
Illinois Financial Assistance Act for Nonpublic Institutions
of Higher Learning.
HOUSE OF REPRESENTATIVES 6309
Section 65. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the General Revenue Fund to the Board of Higher
Education for distribution as grants authorized by the Health
Services Education Grants Act:
Medicine........................................ $ 7,198,400
Dentistry....................................... 38,500
Optometry....................................... 308,000
Podiatry........................................ 239,800
Allied Health................................... 1,960,500
Nursing......................................... 3,430,500
Residencies..................................... 3,083,400
Pharmacy........................................ 946,000
Total $17,205,100
Section 70. The following named amount, or so much
thereof as may be necessary, is appropriated from the
Education Assistance Fund to the Board of Higher Education
for distribution as grants authorized by the Health Services
Education Grants Act:
Medicine........................................ $ 2,805,100
Total $2,805,100
Section 75. The sum of $2,800,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for distribution as
engineering equipment grants authorized by Section 9.13 of
the Board of Higher Education Act.
Section 80. The sum of $2,900,000, or so much thereof as
may be necessary, is appropriated from the Higher Education
Title II Fund to the Board of Higher Education for grants
from funds provided under the Dwight D. Eisenhower
Professional Development Program.
Section 85. The sum of $3,445,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Department of Public Health for distribution of
medical education scholarships authorized by an Act to
provide grants for family practice residency programs and
medical student scholarships through the Illinois Department
of Public Health.
Section 90. The sum of $1,600,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for distribution as
grants authorized by the Illinois Consortium for Educational
Opportunity Act.
Section 95. The sum of $25,000, or so much thereof as
may be necessary, is appropriated from the Education
Assistance Fund to the Board of Higher Education for the
Illinois Occupational Information Coordinating Committee.
Section 100. The sum of $2,050,000, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the Board of Higher Education for distribution as
grants for Cooperative Work Study Programs to institutions of
higher education.
Section 105. The sum of $15,000,000, or so much thereof
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Higher Education for costs
related to the Illinois Century Network backbone, costs for
connecting colleges and universities to the backbone, and
costs for connecting the LincOn Network to the backbone.
Section 105a . The sum of $125,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Higher Education for a grant
6310 JOURNAL OF THE [May 27, 1999]
to Barat College for the Whirlwind Program.
Section 110. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
General Revenue Fund to the Illinois Mathematics and Science
Academy to meet ordinary and contingent expenses for the
fiscal year ending June 30, 2000:
For Personal Services........................... $ 9,621,100
For State Contributions to Social
Security, for Medicare........................ 146,800
For Contractual Services........................ 2,384,600
For Travel...................................... 112,400
For Commodities................................. 338,100
For Equipment................................... 422,300
For Telecommunications.......................... 139,100
For Operation of Automotive Equipment........... 30,600
For Electronic Data Processing.................. 121,900
Total $13,316,900
Section 115. The following named amount, or so much
thereof as may be necessary for the object and purpose
hereinafter named, is appropriated from the Education
Assistance Fund to the Illinois Mathematics and Science
Academy to meet ordinary and contingent expenses for the
fiscal year ending June 30, 2000:
For Contractual Services........................ $ 1,136,310
For Travel...................................... 14,100
For Commodities................................. 3,690
For Equipment................................... 30,900
For Telecommunications.......................... 15,000
Total $1,200,000
Section 120. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
Illinois Mathematics and Science Academy Income Fund to the
Illinois Mathematics and Science Academy to meet ordinary and
contingent expenses for the fiscal year ending June 30, 2000:
For Personal Services........................... $ 336,000
For State Contributions to Social
Security, for Medicare........................ 9,000
For Contractual Services........................ 107,000
For Travel...................................... 7,000
For Commodities................................. 13,500
For Equipment................................... 5,000
For Telecommunications.......................... 80,000
For Operation of Automotive Equipment........... 1,000
For Awards and Grants........................... -0-
For Permanent Improvements...................... -0-
For Refunds..................................... 1,500
Total $560,000
Section 125. The sum of $298,300, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 105 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Chicago State University for
technology infrastructure improvements at Chicago State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
HOUSE OF REPRESENTATIVES 6311
Section 130. The sum of $441,400, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 110 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Eastern Illinois University
for technology infrastructure improvements at Eastern
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 135. The sum of $221,800, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 115 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Governors State University
for technology infrastructure improvements at Governors State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 140. The sum of $620,100, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 120 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Illinois State University
for technology infrastructure improvements at Illinois State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 145. The sum of $324,000, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 125 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Northeastern Illinois
University for technology infrastructure improvements at
Northeastern Illinois University. No contract shall be
entered into or obligation incurred for any expenditures from
the appropriation made in this Section until after the
purposes and amounts have been approved in writing by the
Governor.
Section 150. The sum of $649,900, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 130 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Northern Illinois University
for technology infrastructure improvements at Northern
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 155. The sum of $424,400, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 135 of Public
Act 90-585, is reappropriated from the Capital Development
6312 JOURNAL OF THE [May 27, 1999]
Fund to the Board of Trustees of Western Illinois University
for technology infrastructure improvements at Western
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 160. The sum of $1,014,700, or so much thereof
as may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 140 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Southern Illinois University
for technology infrastructure improvements at Southern
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 165. The sum of $2,148,300, or so much thereof
as may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 145 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of the University of Illinois
for technology infrastructure improvements at the University
of Illinois. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 170. The sum of $8,857,100 or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 150 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Illinois Community College Board for distribution
as grants to community colleges for technology infrastructure
improvements. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 175. The sum of $201,100, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 155 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Chicago State University for
technology infrastructure improvements at Chicago State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 180. The sum of $290,100, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 160 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Eastern Illinois University
for technology infrastructure improvements at Eastern
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
HOUSE OF REPRESENTATIVES 6313
Section 185. The sum of $143,600, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 165 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Governors State University
for technology infrastructure improvements at Governors State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 190. The sum of $403,600, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 170 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Illinois State University
for technology infrastructure improvements at Illinois State
University. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 195. The sum of $213,100, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 175 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Northeastern Illinois
University for technology infrastructure improvements at
Northeastern Illinois University. No contract shall be
entered into or obligation incurred for any expenditures from
the appropriation made in this Section until after the
purposes and amounts have been approved in writing by the
Governor.
Section 200. The sum of $281,700, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 185 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Western Illinois University
for technology infrastructure improvements at Western
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 210. The sum of $665,100, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 190 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Board of Trustees of Southern Illinois University
for technology infrastructure improvements at Southern
Illinois University. No contract shall be entered into or
obligation incurred for any expenditures from the
appropriation made in this Section until after the purposes
and amounts have been approved in writing by the Governor.
Section 215. The sum of $1,393,400, or so much thereof
as may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 195 of Public
Act 90-585, is reappropriated from the Capital Development
6314 JOURNAL OF THE [May 27, 1999]
Fund to the Board of Trustees of the University of Illinois
for technology infrastructure improvements at the University
of Illinois. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 220. The sum of $5,975,800, or so much thereof
as may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 14, Section 200 of Public
Act 90-585, is reappropriated from the Capital Development
Fund to the Illinois Community College Board for distribution
as grants to community colleges for technology infrastructure
improvements. No contract shall be entered into or obligation
incurred for any expenditures from the appropriation made in
this Section until after the purposes and amounts have been
approved in writing by the Governor.
Section 225. The amount of $2,700,000, or so much
thereof as may be necessary, is appropriated from the Fund
for Illinois' Future to the Board of Higher Education for
grants to private higher education institutions for
technology improvements.
Section 230. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for a grant to the
Victoria Foundation for Career Connector Program start up
costs.
Section 235. The sum of $4,100,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Higher Education for grants
to private higher education institutions for infrastructure
improvements including but not limited to planning,
construction, reconstruction, renovation and equipment.
Section 240. The sum of $80,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for Eastern
University for the following projects:
Upgrade electrical, Coleman Hall.............. $50,000
Replace entry deck, Lantz Complex............. $30,000
Section 245. The sum of $285,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Board of Higher Education for Western
Illinois University to purchase and improve a day care
center.
Section 250. The amount of $25,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Illinois Board of Higher Education
for a grant to Roosevelt University for the purpose of
restoring Ganz Memorial Recital Hall.
Section 255. The amount of $30,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Higher Education for a grant
to Lake Forest College for costs associated with a distance
learning facility.
Section 260. The amount of $500,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Higher Education for a grant
to Columbia College for the construction of a student union.
Section 265. The sum of $300,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for a grant to Scholl
HOUSE OF REPRESENTATIVES 6315
College to upgrade the informational technology program.
Section 270. The sum of $1,000,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Higher Education for a grant
to DePaul University for High-Tech work force program
scholarships for Information Technology workers.
Section 275. The sum of $400,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for a grant to
Kennedy-King College for the Job Training Program.
Section 280. The sum of $150,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for a grant to
Kennedy-King College for the establishment of a Domestic
Violence Prevention Program.
Section 285. The sum of $400,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Higher Education for a grant to
Blackburn College for technology expenses.
ARTICLE 2
Section 5. The sum of $36,446,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Chicago State University for
any expenditures or purposes authorized by law for the fiscal
year ending June 30, 2000.
Section 10. The sum of $1,800,000, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Chicago State
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The amount of $400,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Trustees of Chicago State
University to support a financial assistance center.
Section 20. The amount of $15,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of Chicago State University
for technology improvements.
Section 25. The sum of $500,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to Chicago State University for a grant to create and
operate the Center for Urban Politics and Policy for the
fiscal year ending June 30, 2000.
Section 30. The sum of $100,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to Chicago State University for an economic
development marketing study.
ARTICLE 3
Section 5. The sum of $41,328,400, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Eastern Illinois University
for any expenditures or purposes authorized by law.
Section 10. The sum of $6,300,000, or so much thereof as
may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Eastern Illinois
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The sum of $250,000, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for such purpose in Article 16, Section 20 of Public Act
6316 JOURNAL OF THE [May 27, 1999]
90-0585, is reappropriated from the General Revenue Fund to
Eastern Illinois University for classroom remodeling for
distance learning/high tech.
Section 20. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to Eastern Illinois University for
digitalization infrastructure for WEIU-TV.
ARTICLE 4
Section 5. The sum of $21,109,100, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Governors State University
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $3,745,400, or so much thereof as
may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Governors State
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
ARTICLE 5
Section 5. The sum of $34,530,400, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Northeastern Illinois
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 10. The sum of $5,800,000, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Northeastern
Illinois University for any expenditures or purposes
authorized by law for the fiscal year ending June 30, 2000.
Section 15. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of Northeastern Illinois
University for the African-American Public Policy Institute.
ARTICLE 6
Section 5. The sum of $49,451,900, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Western Illinois University
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $8,500,000, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Western Illinois
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The sum of $150,900, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of Western Illinois
University for all costs associated with the repair,
rehabilitation and replacement of the bull test station and
its related equipment.
Section 20. The sum of $125,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of Western Illinois
University for all costs associated with the repair,
rehabilitation and replacement of the roof on Sherman Hall.
Section 25. The sum of $125,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of Western Illinois
University for all costs associated with the repair,
rehabilitation and replacement of bleachers in Western Hall.
ARTICLE 7
HOUSE OF REPRESENTATIVES 6317
Section 5. The sum of $70,295,100, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Illinois State University
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $12,676,100, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Illinois State
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The sum of $500,000, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from appropriations heretofore
made for that purpose in Article 20, Section 25 of Public Act
90-0585, is reappropriated from the Capital Development Fund
to the Board of Trustees of Illinois State University for
remodeling and rehabilitation costs associated with the
merger of the Mennonite College of Nursing into Illinois
State University.
ARTICLE 8
Section 5. The sum of $89,832,200, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Northern Illinois University
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $16,101,600, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Northern Illinois
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The sum of $450,000, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for that purpose in Article 18, Section 15 of Public Act
90-585, is reappropriated to Northern Illinois University
from the General Revenue Fund for a grant to the Equity
Services Center.
Section 20. The sum of $1,113,900, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from a reappropriation heretofore
made for that purpose in Article 21, Section 15 of Public Act
90-585, is reappropriated to the Board of Trustees of
Northern Illinois University from the Capital Development
Fund for purchasing Engineering Building equipment.
Section 25. The sum of $90,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to Northern Illinois University for a grant for hiring
interns through the Masters in Public Administration Program.
ARTICLE 9
Section 5. The sum of $190,742,700, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of Southern Illinois University
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $28,000,000, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of Southern Illinois
University for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 25. The sum of $325,000, or so much thereof as
may be necessary and remains unexpended at the close of
6318 JOURNAL OF THE [May 27, 1999]
business on June 30, 1999, from a reappropriation heretofore
made for such purpose in Article 22, Section 15 of Public Act
90-0585, is reappropriated to Southern Illinois University
from the General Revenue Fund for renovation and replacement
of the East St. Louis Center of Southern Illinois University.
Section 30. 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 an appropriation heretofore
made for that purpose in Article 22, Section 45 of Public Act
90-0585, is reappropriated to Southern Illinois University
from the Capital Development Fund for the renovation of the
Psychomotor Skills Labs for Nursing at the Edwardsville
campus.
Section 35. The sum of $350,000, or so much thereof as
may be necessary and remains unexpended at the close of
business on June 30, 1999, from an appropriation heretofore
made for that purpose in Article 22, Section 55 of Public Act
90-0585, is reappropriated to Southern Illinois University
from the Capital Development Fund for the renovation of the
Planning Science Lab at the Edwardsville campus.
Section 40. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to Southern Illinois University for
digitalization infrastructure for WSIU-TV (Carbondale).
Section 45. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to Southern Illinois University for
digitalization infrastructure for WUSI-TV (Olney).
ARTICLE 10
Section 5. The sum of $635,541,900, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the Board of Trustees of the University of Illinois
for any expenditures or purposes authorized by law for the
fiscal year ending June 30, 2000.
Section 10. The sum of $77,000,000, or so much there of
as may be necessary, is appropriated from the Education
Assistance Fund to the Board of Trustees of the University of
Illinois for any expenditures or purposes authorized by law
for the fiscal year ending June 30, 2000.
Section 15. The sum of $994,100, or so much thereof as
may be necessary, is appropriated from the Fire Prevention
Fund to the Board of Trustees of the University of Illinois
for the purpose of maintaining the Illinois Fire Service
Institute, paying the expenses and providing the facilities
and structures incident thereto, including payment to the
University for personal services and related costs incurred
during the fiscal year.
Section 20. The sum of $290,000, or so much thereof as
may be necessary, is appropriated from the Real Estate
Research and Education Fund to the Board of Trustees of the
University of Illinois for the ordinary and contingent
expenses, including scholarships and payment to the
University for personal services and related costs incurred
during the fiscal year, of the Office of Real Estate
Research.
Section 25. The sum of $2,700,000, or so much thereof as
may be necessary, and remains unexpended on June 30, 1999,
from an appropriation heretofore made for such purpose in
Article 7, Section 60 of Public Act 88-0551, is
reappropriated from the Capital Development Fund to the Board
of Trustees of the University of Illinois to acquire and
HOUSE OF REPRESENTATIVES 6319
develop land for expansion of the Chicago campus, including
demolition, landscaping and site improvements, planning,
construction, remodeling, extension and modification of
campus utility systems, and such other expenses as may be
necessary to construct a public safety and transportation
facility and to develop student recreational areas.
Section 30. The sum of $6,924,300, or so much thereof as
may be necessary, and remains unexpended on June 30, 1999,
from an appropriation heretofore made for such purpose in
Article 23, Section 35, of Public Act 90-0585, is
reappropriated from the Capital Development Fund to the Board
of Trustees of the University of Illinois to plan for all
aspects of construction and to acquire and develop land,
including demolition, landscaping, site improvements,
extension and modification of campus utility systems,
relocation of programs, and such other expenses as may be
necessary to construct a College of Medicine building in
Chicago.
Section 35. The sum of $68,000,000, or so much thereof
as may be necessary, is appropriated from the Capital
Development Fund to the Board of Trustees of the University
of Illinois to construct an education and research facility
for the College of Medicine in Chicago, including planning,
land acquisition, demolition, construction, remodeling,
landscaping, site improvements, equipment, extension or
modification of campus utility systems, relocation of
programs and such expenses as may be necessary to complete
the facility.
Section 55. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the University of Illinois for
digitalization infrastructure for WILL-TV (Urbana-
Champaign).
Section 60. The amount of $20,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Board of Trustees of the University of Illinois
for the purpose of supporting a summer enrichment program at
the University of Illinois at Chicago.
Section 65. The amount of $375,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Trustees of the University
of Illinois for a grant to the Parkinson's Disease Center for
Excellence at the University of Illinois at Chicago.
Section 70. The amount of $100,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Board of Trustees of the University
of Illinois for a grant to the University of Illinois at
Chicago for the Trio Program for the college preparation
programs.
ARTICLE 11
Section 5. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, are appropriated from the
General Revenue Fund to the Illinois Community College Board
for ordinary and contingent expenses:
For Personal Services......................... $ 1,048,300
For State Contributions to Social
Security, for Medicare....................... 11,700
For Employee Retirement Contributions
Paid by Employer............................. 15,100
For Contractual Services...................... 394,700
6320 JOURNAL OF THE [May 27, 1999]
For Travel.................................... 55,900
For Commodities............................... 8,200
For Printing.................................. 28,600
For Equipment................................. 17,800
For Electronic Data Processing................ 617,000
For Telecommunications........................ 40,600
For Operation of Automotive
Equipment.................................... 600
East St. Louis Operations .................... 10,000
Total $2,248,500
Section 10. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the Education Assistance Fund to the Illinois Community
College Board for the ordinary and contingent expenses of the
Central Office:
For Personal Services......................... $ 37,400
For State Contributions to Social
Security, for Medicare....................... 500
For Contractual Services...................... 4,700
For Travel.................................... 1,100
For Commodities............................... 400
For Printing.................................. 400
For Telecommunications........................ 800
Total $45,300
Section 15. The sum of $500,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Illinois Community College Board for the
development of core values and leadership initiatives.
Section 20. The sum of $13,000,000, or so much thereof
as may be necessary, is appropriated from the Illinois
Community College Board Contracts and Grants Fund to the
Illinois Community College Board to be expended under the
terms and conditions associated with the moneys being
received.
Section 25. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the General Revenue Fund to the Illinois Community
College Board for distribution to qualifying public community
colleges for the purposes specified:
Base operating grants......................... $141,704,400
Square footage grants ........................ 2,091,000
Small college grants.......................... 1,800,000
Equalization grants........................... 67,796,100
Special population grants..................... 12,711,800
Workforce preparation grants.................. 13,749,600
Advanced technology
equipment grants............................. 13,167,900
Retirees health
insurance grants............................. 700,000
Performance based initiatives grants.......... 1,499,300
Deferred maintenance grants................... 2,580,600
Total $257,800,700
Section 30. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the General Revenue Fund to the Illinois Community
College Board for the former community college district #541
in East St. Louis for the purposes specified for current year
and past year expenditures:
For grants to operate an educational facility
in East St. Louis............................ $3,500,000
HOUSE OF REPRESENTATIVES 6321
Section 35. The sum of $500,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Illinois Community College Board for special
initiative grants.
Section 40. The sum of $36,127,200, or so much thereof
as may be necessary, is appropriated from the Education
Assistance Fund to the Illinois Community College Board for
distribution as credit hour grants.
Section 45. The sum of $25,000, or so much thereof as
may be necessary, is appropriated from the Education
Assistance Fund to the Illinois Community College Board for a
grant to the Illinois Occupational Information Coordinating
Committee.
Section 50. The sum of $175,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the Illinois Community College Board for awarding
scholarships to graduates of the Lincoln's Challenge Program.
Section 55. The sum of $1,500,000, or so much thereof as
may be necessary, is appropriated to the Illinois Community
College Board from the AFDC Opportunities Fund for the
administration of the Opportunities program and grants to
colleges, including reimbursement for costs incurred in prior
years.
Section 60. The sum of $250,000, or so much thereof as
may be necessary, is appropriated from the Video Conferencing
User Fund to the Illinois Community College Board for video
conferencing expenses.
Section 65. The following named amounts, or so much
thereof as may be necessary, respectively, for the objects
and purposes hereinafter named, of Titles I, IIA, and IIC Job
Training Partnership Act funds, are appropriated from the
Illinois Community College Board Fund to the Illinois
Community College Board:
For operations................................ $285,200
For 80% Subgrant/Project Grants to colleges... 1,408,500
Total $1,693,700
No contract shall be entered into or obligation incurred by
the Board for any expenditures authorized herein, until the
amounts have been approved in writing by the Department of
Commerce and Community Affairs.
Section 70. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Illinois Community College Board for
digitalization infrastructure for Black Hawk College
television station WQPT-TV (Moline/Sterling).
Section 75. The sum of $814,444, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Illinois Community College Board for
digitalization infrastructure for City Colleges of Chicago
television station WYCC-TV.
Section 80. The following named sums, or so much
thereof as may be necessary, are appropriated from the Fund
for Illinois' Future to the Illinois Community College Board
for infrastructure improvements at the following locations,
including but not limited to planning, construction,
renovation and equipment:
Black Hawk College............................ $100,000
Waubonsee Community College................... $10,000
Kishwaukee College............................ $200,000
6322 JOURNAL OF THE [May 27, 1999]
Section 85. The amount of $500,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Illinois Community College Board for
a grant to Olive Harvey Community College to operate the
Probation Challenge Program.
Section 90. The amount of $75,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Illinois Community College Board for the
purpose of awarding scholarships to graduates of the
Probation Challenge Program.
Section 95. The amount of $50,000, or so much thereof as
may be necessary, is appropriated from the Fund for Illinois'
Future to the Illinois Community College Board for a grant to
Malcolm X College for youth athletic programs.
Section 100. The amount of $15,000, or so much thereof
as may be necessary, is appropriated from the Fund for
Illinois' Future to the Illinois Community College Board for
a grant to Olive Harvey College for technology improvements.
Section 105. The sum of $350,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Illinois Community College Board for
a grant to Parkland College for all costs associated with an
Agriculture Technology Center.
Section 110. The sum of $4,000,000, or so much thereof
as may be necessary, is appropriated from the Capital
Development Fund to the Illinois Community College Board for
costs associated with a new campus at Kennedy King College.
Section 115. The sum of $300,000, or so much thereof as
may be necessary, is appropriated from the Capital
Development Fund to the Illinois Community College Board for
all costs associated with a new classroom building at Rock
Valley College.
ARTICLE 12
Section 5. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
from the General Revenue Fund to the Illinois Student
Assistance Commission for its ordinary and contingent
expenses:
For Administration
For Personal Services......................... $ 2,371,700
For Employee Retirement Contributions
Paid by Employer............................. 98,600
For State Contributions to State
Employees Retirement System.................. 246,300
For State Contributions to
Social Security.............................. 188,400
For Contractual Services...................... 2,154,800
For Travel.................................... 26,300
For Commodities............................... 28,500
For Printing.................................. 109,500
For Equipment................................. 12,500
For Telecommunications........................ 138,000
For Operation of Auto Equipment............... 6,000
Total $5,380,600
Section 10. The sum of $135,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the Illinois Student Assistance Commission
for costs associated with administration of the Illinois
Higher EdNet, a clearinghouse for post-secondary education
financial aid information.
HOUSE OF REPRESENTATIVES 6323
Section 15. The sum of $100,000, or so much thereof as
may be necessary, is appropriated to the Illinois Student
Assistance Commission from the Higher EdNet Fund for costs
associated with administration of the Illinois Higher EdNet,
a clearinghouse for post-secondary education financial aid
information.
Section 20. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the Education Assistance Fund to the Illinois Student
Assistance Commission for its ordinary and contingent
expenses:
For Administration
For Personal Services......................... $ 160,100
For Employee Retirement Contributions
Paid by Employer............................. 6,400
For State Contributions to State
Employees Retirement System.................. 16,000
For State Contributions to
Social Security.............................. 12,200
For Contractual Services...................... 67,100
For Travel.................................... 14,700
For Commodities............................... 20,300
For Equipment................................. 69,500
For Telecommunications........................ 30,000
Total $396,300
Section 25. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
to the Illinois Student Assistance Commission from the
Student Assistance Commission Student Loan Fund for its
ordinary and contingent expenses:
For Administration
For Personal Services......................... $ 11,775,200
For Employee Retirement Contributions
Paid by Employer............................. 471,700
For State Contributions to State
Employees Retirement System.................. 1,177,500
For State Contributions to
Social Security.............................. 902,000
For State Contributions for
Employees Group Insurance.................... 1,550,000
For Contractual Services...................... 10,946,000
For Travel.................................... 175,100
For Commodities............................... 216,300
For Printing.................................. 535,600
For Equipment................................. 468,700
For Telecommunications........................ 1,699,500
For Operation of Auto Equipment............... 28,900
For Refunds................................... 1,300,000
Total $31,246,500
Section 27. The sum of $7,500,000, or so much thereof as
may be necessary, is appropriated to the Illinois Student
Assistance Commission from the Student Assistance Commission
Student Loan Fund for costs associated with the Loan Based
Solution system replacement project.
Section 30. The sum of $253,515,800, or so much thereof
as may be necessary, is appropriated to the Illinois Student
Assistance Commission from the General Revenue Fund for
payment of grant awards to students eligible to receive such
awards, as provided by law, including up to $2,700,000 for
transfer into the Monetary Award Program Reserve Fund.
6324 JOURNAL OF THE [May 27, 1999]
Section 35. The sum of $4,500,000, or so much thereof as
may be necessary, is appropriated to the Illinois Student
Assistance Commission from the Monetary Award Program Reserve
Fund for payment of grant awards to full-time and part-time
students eligible to receive such awards, as provided by law.
Section 40. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the General Revenue Fund to the Illinois Student
Assistance Commission for the following purposes:
Grants and Scholarships
For payment of matching grants to Illinois
institutions to supplement scholarship
programs, as provided by law................. $ 1,000,000
For payment of Merit Recognition Scholarships
to undergraduate students under the Merit
Recognition Scholarship Program provided
for in Section 30 of the Higher Education
Student Assistance Act....................... 4,700,000
For the payment of scholarships to students
who are children of policemen or firemen
killed in the line of duty, or who are
dependents of correctional officers
killed or permanently disabled in the line
of duty, as provided by law.................. 150,000
For payment of Illinois National Guard and
Naval Militia Scholarships at State-
controlled universities and public
community colleges in Illinois to
students eligible to receive such
awards, as provided by law................... 4,050,000
For payment of military Veterans'
scholarships at State-controlled
universities and at public community
colleges for students eligible,
as provided by law........................... 21,750,000
For college savings bond grants to
students eligible to receive
such awards.................................. 470,000
For payment of minority teacher
scholarships................................. 2,400,000
For payment of David A. DeBolt Teacher
Shortage Scholarships........................ 1,645,800
For payment of Illinois Incentive for
access grants, as provided by law............ 4,000,000
Total $40,165,800
Section 45. The following named amounts, or so much
thereof as may be necessary, respectively, are appropriated
from the Education Assistance Fund to the Illinois Student
Assistance Commission for the following purposes:
Grants and Scholarships
For payment of grant awards to full-time and
part-time students eligible to receive such
awards, as provided by law................... $ 81,970,000
For payment of Illinois Incentive for Access
grants as provided by law.................... 4,000,000
Total $85,970,000
Section 50. The following sum, or so much thereof as may
be necessary, is appropriated from the Federal State Student
Incentive Trust Fund to the Illinois Student Assistance
Commission for the following purpose:
Grants
HOUSE OF REPRESENTATIVES 6325
For payment of grant awards to full-time and
part-time students eligible to receive such
awards, as provided by law......................$1,500,000
Section 55. The sum of $162,500,000, or so much thereof
as may be necessary, is appropriated from the Student
Assistance Commission Student Loan Fund to the Illinois
Student Assistance Commission for distribution when necessary
as a result of guarantees of loans that are uncollectable or
for payments required under agreements with the United States
Secretary of Education.
Section 57. The sum of $1,000,000, or so much thereof as
may be necessary, is appropriated from the Federal Reserve
Recall Fund to the Illinois Student Assistance Commission for
default aversion activities.
Section 58. The sum of $73,200,000, or so much thereof
as may be necessary, is appropriated from the Student Loan
Operating Fund to the Illinois Student Assistance Commission
for transfer to the Federal Student Loan Fund from revenues
derived from collection payments owed to the U.S. Department
of Education, complement revenues, and payments required
under agreements with the U.S. Secretary of Education.
Section 60. The sum of $100,000, or so much of that
amount as may be necessary, is appropriated from the Accounts
Receivable Fund to the Illinois Student Assistance Commission
for costs associated with the collection of delinquent
scholarship awards pursuant to the Illinois Collection Act of
1986.
Section 65. The following named amount, or so much
thereof as may be necessary, respectively, is appropriated
from the Federal Student Assistance Scholarship Fund to the
Illinois Student Assistance Commission for the following
purpose:
For payment of Robert C. Byrd
Honors Scholarships.............................$1,750,000
Section 70. The sum of $70,000, or so much thereof as
may be necessary, is appropriated to the Illinois Student
Assistance Commission from the University Grant Fund for
payment of grants for the Higher Education License Plate
Program, as provided by law.
ARTICLE 13
Section 5. The sum of $215,547,000, or so much thereof
as may be necessary, is appropriated to the Board of Trustees
of the State Universities Retirement System for the State's
contribution, as provided by law.
Section 10. The sum of $2,652,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the State Universities Retirement System for transfer
to the Community College Health Insurance Security Fund as
the State's contribution for community college benefit
recipients' health benefits.
ARTICLE 14
Section 1. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated from federal funds to
meet the ordinary and contingent expenses of the State Board
of Education for the fiscal year ending June 30, 2000:
From National Center for Education Statistics Fund (Common
Core Data Survey):
From National Center for Education Statistics
Fund (Common Core Data Survey):
For Contractual Services $75,000
6326 JOURNAL OF THE [May 27, 1999]
For Travel 22,000
Total $97,000
From Federal Department of Education Fund (Title
VII Bilingual):
For Personal Services $68,600
For Employee Retirement Paid by Employer 2,800
For Retirement Contributions 7,600
For Social Security Contributions 5,000
For Insurance 5,800
For Contractual Services 5,500
For Travel 40,000
For Commodities 200
For Printing 500
For Equipment 14,000
Total $150,000
From Federal Department of Education Fund
(Emergency
Immigrant Education):
For Personal Services $22,100
For Employee Retirement Paid by Employer 900
For Retirement Contributions 2,200
For Social Security Contributions 1,700
For Insurance 5,800
For Contractual Services 31,000
For Travel 11,500
For Commodities 4,000
For Equipment 8,000
For Telecommunications 2,000
Total $89,200
From Department of Health and Human Services
Fund
(Training School Health Personnel):
For Personal Services $87,000
For Employee Retirement Paid by Employer 3,500
For Retirement Contributions 9,400
For Social Security Contributions 2,200
For Insurance 11,600
For Contractual Services 152,100
For Travel 8,000
For Commodities 8,700
For Printing 4,500
For Equipment 8,500
For Telecommunications 2,500
Total $298,000
From the Federal Department of Education Fund
(Goals 2000):
For Personal Services $129,600
For Employee Retirement Paid by Employer 5,200
For Retirement Contributions 14,100
For Social Security Contributions 3,700
For Insurance 17,500
For Contractual Services 96,700
For Travel 28,500
For Equipment 1,000
For Telecommunications 1,800
Total $298,100
From ISBE Federal National Community Service
Fund
(Serve America):
For Personal Services $20,000
For Employee Retirement Paid by Employer 800
HOUSE OF REPRESENTATIVES 6327
For Retirement Contributions 2,200
For Social Security Contributions 200
For Insurance 3,000
For Contractual Services 1,000
For Travel 15,800
For Printing 2,000
Total $45,000
From Carnegie Foundation Grant Fund:
For Contractual Services $90,000
For Travel 10,000
Total $100,000
From Federal Department of Agriculture Fund
(Child
Nutrition):
For Personal Services $2,980,000
For Employee Retirement Paid by Employer 124,000
For Retirement Contributions 313,400
For Social Security Contributions 140,000
For Insurance 374,700
For Contractual Services 1,441,300
For Travel 415,500
For Commodities 134,300
For Printing 137,200
For Equipment 252,500
For Telecommunications 59,500
Total $6,372,400
From Federal Department of Education Fund
(Even Start):
For Personal Services $120,100
For Employee Retirement Paid by Employer 5,000
For Retirement Contributions 13,600
For Social Security Contributions 5,000
For Insurance 15,000
For Contractual Services 171,200
For Travel 25,000
For Commodities 500
For Printing 1,500
For Equipment 1,000
Total $357,900
From Federal Department of Education Fund (Title
1):
For Personal Services $2,182,900
For Employee Retirement Paid by Employer 87,400
For Retirement Contributions 234,200
For Social Security Contributions 53,800
For Insurance 242,200
For Contractual Services 458,700
For Travel 126,500
For Commodities 40,600
For Printing 8,500
For Equipment 83,200
For Telecommunications 34,000
Total $3,552,000
From Federal Department of Education Fund
(Title I - Migrant Education):
For Personal Services $46,800
For Employee Retirement Paid by Employer 1,900
For Retirement Contributions 5,200
For Social Security Contributions 2,500
For Insurance 4,400
For Contractual Services 123,500
6328 JOURNAL OF THE [May 27, 1999]
For Travel 17,000
For Commodities 1,000
For Telecommunications 3,300
Total $205,600
From Federal Department of Education Fund
(Title IV Safe and Drug Free Schools):
For Personal Services $516,000
For Employee Retirement Paid by Employer 20,700
For Retirement Contributions 54,300
For Social Security Contributions 17,800
For Insurance 63,800
For Contractual Services 93,100
For Travel 56,000
For Commodities 1,000
For Printing 1,500
For Equipment 20,000
For Telecommunications 8,000
Total $852,200
From Federal Department of Education Fund
(Title II Eisenhower Professional Development):
For Personal Services $450,000
For Employee Retirement Paid by Employer 20,000
For Retirement Contributions 50,300
For Social Security Contributions 20,000
For Insurance 55,000
For Contractual Services 186,100
For Travel 65,000
For Commodities 1,800
For Printing 1,500
For Equipment 22,000
For Telecommunications 5,300
Total $877,000
From Federal Department of Education Fund
(McKinney Homeless Assistance):
For Personal Services $60,500
For Employee Retirement Paid by Employer 2,500
For Retirement Contributions 6,700
For Social Security Contributions 1,000
For Insurance 5,800
For Contractual Services 137,900
For Travel 11,000
For Commodities 3,000
For Printing 10,000
For Equipment 5,000
Total $243,400
From Federal Department of Education Fund
(Personnel Development Part D Training):
For Personal Services $67,500
For Employee Retirement Paid by Employer 2,700
For Retirement Contributions 7,500
For Social Security Contributions 2,600
For Insurance 5,800
For Contractual Services 84,300
For Travel 3,500
For Commodities 2,000
Total $175,900
From Federal Department of Education Fund
(Pre-School):
For Personal Services $432,900
For Employee Retirement Paid by Employer 17,400
For Retirement Contributions 46,800
HOUSE OF REPRESENTATIVES 6329
For Social Security Contributions 24,500
For Insurance 50,800
For Contractual Services 390,400
For Travel 45,500
For Commodities 28,000
For Printing 25,100
For Equipment 5,500
For Telecommunications 6,100
Total $1,073,000
From Federal Department of Education Fund
(Individuals with Disabilities Education
Act - IDEA):
For Personal Services $3,195,300
For Employee Retirement Paid by Employer 128,000
For Retirement Contributions 343,300
For Social Security Contributions 124,000
For Insurance 348,000
For Contractual Services 1,165,700
For Travel 241,300
For Commodities 35,100
For Printing 103,000
For Equipment 92,000
For Telecommunications 61,000
Total $5,836,700
From Federal Department of Education Fund
(Deaf-Blind):
For Personal Services $20,000
For Employee Retirement Paid by Employer 1,000
For Retirement Contributions 1,700
For Social Security Contributions 4,000
For Insurance 1,500
Total $28,200
From Federal Department of Education Fund
(Vocational and Applied Technology Education
Title II):
For Personal Services $2,753,700
For Employee Retirement Paid by Employer 100,400
For Retirement Contributions 267,500
For Social Security Contributions 147,200
For Insurance 271,200
For Contractual Services 960,700
For Travel 240,300
For Commodities 16,800
For Printing 27,600
For Equipment 103,800
For Telecommunications 39,500
Total $4,928,700
From Federal Department of Education Fund
(Vocational Education - Title III):
For Personal Services $261,500
For Employee Retirement Paid by Employer 7,500
For Retirement Contributions 20,500
For Social Security Contributions 4,000
For Insurance 17,400
For Contractual Services 3,600
For Travel 15,000
For Commodities 800
For Equipment 15,000
Total $345,300
From Federal Department of Education Fund
(Adult Education):
6330 JOURNAL OF THE [May 27, 1999]
For Personal Services $936,200
For Employee Retirement Paid by Employer 31,800
For Retirement Contributions 83,100
For Social Security Contributions 15,000
For Insurance 88,500
For Contractual Services 505,000
For Travel 141,500
For Commodities 2,900
For Printing 8,100
For Equipment 38,200
For Telecommunications 10,800
Total $1,861,100
From Federal Department of Education Fund (Title
VI):
For Personal Services $1,414,100
For Employee Retirement Paid by Employer 62,600
For Retirement Contributions 146,800
For Social Security Contributions 57,000
For Insurance 181,500
For Contractual Services 742,800
For Travel 100,500
For Commodities 12,600
For Printing 45,900
For Equipment 30,000
For Telecommunications 56,000
Total $2,849,800
Section 5. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated from federal funds to
meet the ordinary and contingent expenses of the State Board
of Education for the fiscal year ending June 30, 2000:
From the Federal Department of Labor Fund:
For operational costs and
grants to implement the School-to-Work
Program $24,000,000
From the Federal Department of Education Fund:
For costs associated with the Christa
McAulliffe Fellowship Program 75,000
For operational costs and grants to implement
the Technology Literacy Program 20,000,000
For operational expenses for the Illinois
Purchased Care Review Board 125,000
For costs associated with the Charter Schools
Program 2,500,000
For costs associated with the Local Initiative
in Character Education 1,000,000
For operational costs and grants for the
Youth With Disabilities Program 800,000
For costs associated with the Department
of Defense Troops to Teachers Program 150,000
For costs associated with the Title I
Comprehensive Schools Reform Program 8,000,000
For costs associated with IDEA Improvement
-Part D Program 2,000,000
For operational costs and grants to implement the
Reading Excellence Act Program 30,000,000
For costs associated with the Linking
Educational Technology project 3,000,000
For costs associated with the Advanced Placement
Fee Payment Program 160,000
For costs associated with the GEAR-UP
HOUSE OF REPRESENTATIVES 6331
Program 3,500,000
For costs associated with the Tomorrow's
Teachers Program 500,000
For costs associated with the Building
Linkages Project 350,000
From the State Board of Education Job Training
Partnership
Act Fund:
For operational costs and grants for the
Job Training Partnership Act Program $4,595,400
Total, Section 5 $100,705,400
Section 10. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated from State funds to meet
the ordinary and contingent expenses of the State Board of
Education for the fiscal year ending June 30, 2000:
- GENERAL OFFICE -
From General Revenue Fund:
For Personal Services $2,350,000
For Employee Retirement Paid by Employer 85,100
For Retirement Contributions 85,400
For Social Security Contributions 98,500
For Contractual Services 103,300
For Travel 48,700
For Commodities 10,500
Total $2,781,500
-EDUCATION SERVICES-
From General Revenue Fund:
For Personal Services $5,396,500
For Employee Retirement Paid by Employer 210,000
For Retirement Contributions 196,000
For Social Security Contributions 175,400
For Contractual Services 156,100
For Travel 76,000
For Commodities 8,000
For Printing 5,000
For Telecommunications 35,000
Total $6,258,000
-FINANCE AND ADMINISTRATION-
From General Revenue Fund:
For Personal Services $7,350,300
For Employee Retirement Paid by Employer 282,000
For Retirement Contributions 220,000
For Social Security Contributions 216,900
For Contractual Services 2,199,300
For Travel 191,300
For Commodities 99,300
For Printing 176,400
For Equipment 125,000
For Telecommunications 400,000
For Operation of Automotive Equipment 14,000
For Regional Board of School Trustees 10,000
For State Contribution to the Education
Commission of the States 90,000
For Contractual Services for teacher
dismissal hearing costs under
Sections 24-12, 34-15, and
34-85 of the School Code 190,000
Total $11,514,500
-POLICY AND PLANNING-
6332 JOURNAL OF THE [May 27, 1999]
From General Revenue Fund:
For Personal Services $ 1,618,500
For Employee Retirement Paid by Employer 65,400
For Retirement Contributions 60,700
For Social Security Contributions 46,000
For Contractual Services 81,500
For Travel 65,000
For Commodities 2,000
Total $1,939,100
-ACCOUNTABILITY AND QUALITY ASSURANCE-
From General Revenue Fund:
For Personal Services $2,833,100
For Employee Retirement Paid by Employer 105,000
For Retirement Contributions 82,800
For Social Security Contributions 85,000
For Contractual Services 44,000
For Travel 16,000
For Commodities 2,000
Total $3,217,900
-FINANCE AND ADMINISTRATION-
From Driver Education Fund:
For Personal Services $598,400
For Employee Retirement Paid by Employer 22,400
For Retirement Contributions 9,300
For Social Security Contributions 20,000
For Insurance 69,700
For Contractual Services 57,700
For Travel 29,000
For Commodities 5,600
For Printing 12,000
For Equipment 29,700
For Telecommunications 15,000
Total $868,800
(Total, this Section $26,529,800;
General Revenue Fund $25,661,000;
Driver Education Fund $868,800.)
Section 15. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated to the State Board of
Education for Grants-In-Aid:
From Federal Funds:
For reimbursement to local education
agencies, eligible recipients and other
service providers as provided by the
United States Department of Education:
Emergency Immigrant Education Program $12,000,000
Title VII Foreign Language Assistance 500,000
Goals 2000 23,000,000
Title I - Even Start 5,150,000
Title 1 - Basic 350,000,000
Title 1 - Neglected/Delinquent 2,600,000
Title 1 - Improvement Grants 3,000,000
Title 1 - Capital Expense 3,000,000
Title 1 - Migrant Education 3,155,000
Title IV Safe and Drug Free Schools 27,000,000
Title II Eisenhower Professional Development 14,000,000
McKinney Education for Homeless Children 1,600,000
Pre-School 25,000,000
Individuals with Disabilities Education Act 200,000,000
Deaf-Blind 255,000
Vocational Education - Basic Grant 43,500,000
HOUSE OF REPRESENTATIVES 6333
Vocational Education - Technical Preparation 6,000,000
Adult Education 18,000,000
Title VI 16,000,000
Class Size Reduction 51,000,000
Teacher Quality Enhancement Program 3,500,000
Total....................................... $808,260,000
Education Fund $804,610,000
From the Driver Education Fund:
For the reimbursement to school districts
under the provisions of the Driver
Education Act $15,750,000
From the Special Education Medicaid Matching
Fund:
For costs associated with Individuals
with Disabilities and KidCare $225,000,000
From the Federal Department of Agriculture Fund:
For reimbursement to local education
agencies and eligible recipients for
programs as provided by the United States
Department of Agriculture for the
Child Nutrition Program $385,000,000
From the ISBE Federal National Community Service
Fund:
For grants to local education agencies
and eligible recipients for Learn and
Serve America $2,000,000
From the Carnegie Foundation Fund:
For reimbursement to local education
agencies and eligible recipients for
programs provided by the Carnegie
Foundation $50,000
From the Department of Health and Human Services Fund:
For Refugee Children School Impact Grants $1,500,000
(Total, this Section $1,427,410,000.)
Section 20. The following amounts, or so much of those
amounts as may be necessary, respectively, for the objects
and purposes named, are appropriated to the State Board of
Education for Grants-In-Aid:
From the General Revenue Fund:
For compensation of Regional Superintendents
of Schools and assistants under Section
18-5 of the School Code $6,318,600
For payment of one time employer's
contribution to Teachers' Retirement
System as provided in the Early Retirement
Incentive Provision of Public Act 87-1265
and under Section 16-133.2 of the Illinois
Pension Code $142,900
For the Supervisory Expense Fund under
Section 18-6 of the School Code $102,000
For orphanage tuition claims and State owned
housing claims as provided under Section
18-3 of the School Code $16,000,000
For financial assistance to Local Education
Agencies for the Philip J. Rock
Center and School as provided by
Section 14-11.02 of the School Code $2,760,000
For financial assistance to Local Education
Agencies for the purpose of maintaining
an educational materials coordinating
unit as provided for by Section
6334 JOURNAL OF THE [May 27, 1999]
14-11.01 of the School Code $1,062,000
For reimbursement to school districts
for services and materials for
programs under Section 14A-5 of
the School Code $19,695,800
For tuition of disabled children attending
schools under Section 14-7.02 of
the School Code $53,000,000
For reimbursement to school districts
for extraordinary special
education and facilities under
Section 14-7.02a of the School Code $213,500,000
For reimbursement to school districts for
services and materials used in
programs for the use of disabled
children under Section 14-13.01
of the School Code $281,500,000
For reimbursement on a current basis
only to school districts that
provide for education of
handicapped orphans from
residential institutions as
well as foster children who
are mentally impaired or
behaviorally disordered as
provided under Section 14-7.03
of the School Code $128,500,000
For financial assistance to Local
Education Agencies with over
500,000 population to meet
the needs of those children
who come from environments
where the dominant language
is other than English under
Section 34-18.2 of the School
Code $31,833,200
For financial assistance to Local
Education Agencies with under
500,000 population to meet
the needs of those children
who come from environments
where the dominant language
is other than English under
Section 10-22.38a of the
School Code $23,718,800
For distribution to eligible recipients
for establishing and/or maintaining
educational programs for Low
Incidence Disabilities $1,500,000
For reimbursement to school districts
qualifying under Section 29-5
of the School Code for a portion
of the cost of transporting
common school pupils $186,500,000
For reimbursement to school districts for a
portion of the cost of transporting
disabled students under Section
14-13.01(b) of the School Code $181,000,000
For reimbursement to school districts and for
providing free lunch and breakfast
programs under the provision of the
HOUSE OF REPRESENTATIVES 6335
School Free Lunch Program Act $19,500,000
For providing the loan of textbooks to students
under Section 18-17 of the School Code $24,192,100
Total....................................... $2,633,484,300
Section 25. The following named sums, or so much of
thereof as may be necessary, respectively are appropriated
from the General Revenue Fund to the State Board of Education
for Grants-In-Aid:
For grants associated with the
Work-Based Learning Program $839,900
For grants associated with the
Illinois Administrators Academy $623,700
For grants associated with Scientific Literacy
Programs and the Center on Scientific
Literacy $6,328,000
For grants associated with the Substance Abuse and
Violence Prevention Programs $2,502,000
For grants associated with Learning
Improvement and Quality Assurance $6,216,500
For grants associated with the Vocational
Education Technical Preparation Program $4,567,000
For payment of costs of education
and educational related services
to Local Educational Agencies as
provided for in Section 10-20.22 and
405/1-1 of the School Code $8,937,100
For payment of costs of education and
educational related services to Local
Educational Agencies for activities provided
for in the Federal Adult Education and
Family Literacy Act $9,000,000
For the purpose of providing funds to Local
Education Agencies for the Illinois
Governmental Student Internship Program $129,900
For distribution to eligible recipients
to assist in conducting and improving
Vocational Education Programs and
Services $46,874,500
For grants associated with the Illinois
Economic Education program $150,000
For grants to schools associated with the
Academic Early Warning List
and other at-risk schools $3,500,000
Total, this Section $89,518,600
Section 30. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
from the General Revenue Fund to the State Board of Education
for the objects and purposes named:
For costs associated with the Certificate
Renewal Administrative Payment program $1,000,000
For operational costs to provide services
associated with the Regional Office
of Education for the City of Chicago $870,000
For funding the Illinois Teacher
of the Year Program $150,000
For operational expenses and grants
for Regional Offices of Education and
Intermediate Service Centers $12,360,000
For independent outside evaluation of
select programs operated by the Illinois
State Board of Education $200,000
6336 JOURNAL OF THE [May 27, 1999]
For operational costs and grants associated
with the Career Awareness
& Development Initiative $1,117,800
For costs associated with Jobs for
Illinois Graduates Program $2,800,000
For costs associated with General Education
Development (GED) testing $210,000
For costs associated with Teacher
Framework Implementation $400,000
For costs associated with the Initiative
for National Board Certification $75,000
For funding of the Regional Offices of
Education Technology Plan $500,000
For operational costs and grants
associated with the Summer
Bridges Program to assist school
districts which had one or more
schools with a significant percentage
of third and sixth grade students in
the "does not meet" category on the
1998 state reading scores to achieve
standards in reading $8,000,000
For operational costs and grants
associated with the Save A Life
Program $600,000
For Statewide Professional Development
Block Grant, pursuant to Senate
Bill 556 $1,500,000
For costs associated with regional
and local Optional Education Programs
for dropouts, those at risk of dropping
out, and Alternative Education Programs
for chronic truants $18,660,000
For costs associated with establishing
and conducting the Illinois Partnership
Academies $600,000
For costs associated with funding Vocational
Education Staff Development $1,299,800
For administrative costs associated with
Learning Standards $1,286,500
For costs associated with the Minority
Transition Program $300,000
For funding the Golden Apple Scholars
Program $2,554,300
For operational expenses of financial audits
of each Regional Office of Education
in the State as approved by Section 2-3.17a
of the School Code $506,300
For administrative cost associated with the
Work-Based Learning Program $160,100
For funding the Urban Education
Partnership Grants $1,450,000
For administrative costs associated with the
Illinois Administrators Academy $234,300
For administrative costs associated
with the Scientific Literacy and the
Center on Scientific Literacy $2,255,000
For costs associated with the Parental
Involvement Campaign Program $500,000
For administrative costs associated with
the Substance Abuse and Violence
HOUSE OF REPRESENTATIVES 6337
Prevention Programs $248,000
For administrative costs associated
with the Learning Improvement and
Quality Assurance $2,810,000
For administrative costs associated
with the Vocational Education
Technical Preparation program $433,000
For operational expenses of administering the
Early Childhood Block Grant $559,000
For funding the Illinois State Board of
Education Technology Program $850,000
For operational costs and reimbursement
to a parent or guardian under the
Transportation provisions of Section
29-5.2 of the School Code $10,120,000
For operational costs of the Residential
Services Authority for Behavior Disorders
and Severely Emotionally Disturbed
Children and Adolescents $358,800
For funding the Teachers Academy for
Math and Science in Chicago $5,500,000
For operational costs associated with
administering the Reading Improvement
Block Grant $389,500
For operational costs associated with
administering the Professional
Development Block Grant $427,500
For purposes of providing liability
coverage to certificated persons in
accordance with Section 2-3.124 of the
School Code $1,000,000
For Operational Expenses for the Illinois
Purchase Care Review Board $166,400
For all costs, including prior year claims
associated with Special Education
lawsuits, including Cory H. $1,000,000
For operational costs and grants
associated with the Classroom
Teachers Program $5,000,000
For costs associated with the Regional
Offices of Education School Bus
Driver Training Programs $50,000
For costs associated with education
and related educational services to
recipients of Public Assistance as provided
in Section 10-22.20 and 405/1-1 of the School
Code first and then for payment of costs
of education and education related
services as provided for in
Section 10-22.20 and 405/1-1
of the School Code $10,068,200
For costs associated with student
and teacher assessment programs $19,097,000
For costs associated with the Reading
Improvement Statewide Program $2,500,000
Total, this Section $89,948,300
Section 35. The following amounts, or so much of those
amounts as may be necessary, are appropriated from the
General Revenue Fund to the State Board of Education for the
objects and purposes named:
6338 JOURNAL OF THE [May 27, 1999]
For grants associated with the Leadership
Development Institute Program $350,000
For distribution to school districts pursuant
to the recommendations of the State Board
of Education for Hispanic Programs $374,600
For a grant to the Illinois Learning
Partnership program $500,000
For funding the Professional Development
Block Grant, pursuant to Section 1C-2
of the School Code $23,900,000
For funding the Early Childhood Block
Grant pursuant to Section 1C-2 of
the School Code $169,612,800
For grants to school districts for Reading
Programs for teacher aides, reading
specialists, for reading and library materials
and other related programs for students
in K-6 grades and other authorized purposes
under Section 2-3.51 of the School Code $83,000,000
For grants to Local Educational Agencies to
conduct Agricultural Education Programs $2,000,000
For grants to local districts for planning
district-wide Comprehensive Arts Programs for
for students in kindergarten through
grade 6 $499,700
For grants to Regional Offices of Education to
operate Alternative Education Programs
for disruptive students pursuant to
Article 13A of the School Code $15,352,000
For distribution to school districts
who initiate free transportation
services to eligible pupils as
transportation loans authorized
in Section 29-18 of the School Code $520,0000
Total, this Section $302,289,100
Section 40. The following named amounts, or so much of
that amount as may be necessary, are appropriated from the
General Revenue Fund to the State Board of Education for the
Technology for Success Program for the purpose of
implementing the use of computer technology in the classroom
and the Illinois Century Network as follows:
For administrative cost associated with the
Technology for Success Program
and the Illinois Century Network $19,800,000
For grants associated with the
Technology for Success Program
and the Illinois Century Network $28,950,000
Total this Section $48,750,000
Section 45. In addition to any amount previously or
elsewhere appropriated, the sum of $20,000,000 is
appropriated to the State Board of Education from the School
Infrastructure Fund for the purpose of depositing into the
School Technology Revolving Loan Fund.
Section 50. The following named amounts, or so much of
that amount as may be necessary, are appropriated to the
State Board of Education for the School Construction Program
as follows:
Payable from the School Infrastructure Fund:
For administrative costs associated with
the Capital Assistance Program $600,000
Payable from the School Technology Revolving
HOUSE OF REPRESENTATIVES 6339
Loan Program Fund:
For the purpose of making grants pursuant
to Section 2-3.117(a) of the
School Code $50,000,000
Total, this Section $50,600,000
Section 55. The amount of $565,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund for deposit into the Temporary Relocation
Expenses Revolving Grant Fund for use by the State Board of
Education, as provided in Section 2-3.77 of the School Code.
Section 60. The amount of $565,000, or so much thereof
as may be necessary, is appropriated from the Temporary
Relocation Expenses Revolving Grant Fund to the State Board
of Education as provided in Section 2-3.77 of the School
Code, to be allocated as follows:
For Loans $188,330
For Grants $376,670
Section 65. The amount of $250,000, or so much thereof
as may be necessary, is appropriated from the General Revenue
Fund to the State Board of Education for funding the Metro
East Consortium for Student Advocacy.
Section 70. The amount of $657,300, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for
reimbursement of expenses related to the performance of
criminal background investigations pursuant to Sections
10-21.9 and 34-18.5 of the School Code.
Section 75. The amount of $1,340,100, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for
reimbursement of expenses related to printing and
distributing school report cards pursuant to Sections 10-17a
and 34-88 of the School Code.
Section 80. The amount of $1,093,000 or so much of that
amount as may be necessary is appropriated from the State
Board of Education State Trust Fund to the State Board of
Education for expenditures by the Board in accordance with
grants which the Board has received or may receive from
private sources in support of projects that are within the
lawful powers of the board.
Section 85. The amount of $1,200,000, or so much of that
amount as may be necessary, is appropriated from the Teacher
Certificate Fee Revolving Fund to the State Board of
Education for costs associated with the issuing of teacher's
certificates.
Section 90. The following amounts, or so much of those
amounts as may be necessary, respectively, are appropriated
to the State Board of Education for the following objects and
purposes:
Payable from the Common School Fund:
For general apportionment as provided by
Section 18-8 of the School Code $2,505,600,100
Payable from the General Revenue Fund:
For summer school payments as provided by
Section 18-4.3 of the School Code $5,600,000
For supplementary payments to school districts
as provided in Section 18-8.2, Section 18-8.3,
Section 18-8.5, and Section 18-8A(5)(m) of
of the School Code $4,463,000
Total, this Section $2,515,663,100
6340 JOURNAL OF THE [May 27, 1999]
Section 95. The following amount, or so much of that
amount as may be necessary, is appropriated from the
Education Assistance Fund to the State Board of Education for
the following object and purpose:
For general apportionment as provided by
Section 18-8 of the School Code $481,933,000
Section 100. The amount of $185,800, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education per Section
18-4.4 of the School Code for Tax Equivalent Grants.
Section 105. The amount of $40,597,000, or so much of
that amount as may be necessary, is appropriated from the
General Revenue Fund to the State Board of Education to fund
block grants to school districts for school safety and
educational improvement programs pursuant to Section 2-3.51.5
of the School Code.
Section 110. The amount of $800,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for the purchase
of school bus safety control devices and reflective tape to
be competitively granted to school districts statewide.
Section 115. The amount of $805,000, or so much of that
amount as may be necessary, is appropriated from the School
District Emergency Financial Assistance Fund to the State
Board of Education for the emergency financial assistance
pursuant to Section 1B-8 of the School Code.
Section 120. The amount of $48,000,000, or so much of
that amount as may be necessary, is appropriated from the
General Revenue Fund to the State Board of Education for
supplementary payments to school districts under the
subsection 5(o) of Section 18-8 of the School Code.
Section 125. The sum of $1,700,000, or so much of that
amount as may be necessary, is appropriated from the General
Revenue Fund to the State Board of Education for a grant to
the Electronic Long Distance Network, Inc.
Section 130. The amount of $500,000, or so much of that
amount as may be necessary, is appropriated from the School
Technology Revolving Fund to the State Board of Education for
funding the Statewide Educational Network.
Section 135. The sum of $175,000, or so much thereof as
may be necessary, is appropriated from the General Revenue
Fund to the State Board of Education for a grant to the
Recording for the Blind and Dyslexic for programs and
services in support of Illinois citizens with visual and
reading impairments.
Section 140. The following named amounts, or so much as
may be necessary, are appropriated to the State Board of
Education for the Charter School Program as follows:
From the General Revenue Fund:
For Grants $10,000,000
For deposit into the Charter Schools
Revolving Loan Fund $1,000,000
From the Charter Schools Revolving Loan Fund:
For Loans $1,000,000
Section 145. The amount of $24,192,100, or so much as may be
necessary and remains unexpended on June 30, 1999, from
appropriations heretofore made for such purposes in Section 20 of
Public Act 90-585, Article 13, is reappropriated from the General
Revenue Fund to the State Board of Education for providing the loan
of textbooks to Students under Section 18-17 of the School Code.
Section 150. The sum of $100,000 is appropriated from the
HOUSE OF REPRESENTATIVES 6341
Private Business and Vocational Schools Fund to the State Board of
Education for administrative costs associated with the Private
Business and Vocational Schools Act.
Section 155. The sum of $50,000 is appropriated from the State
Board of Education Fund to the State Board of Education for
expenditures by the Board in accordance with fees or registration
amounts the Board has received or may receive in support of projects
that are within the lawful powers of the Board.
Section 160. The sum of $50,000,000, or so much thereof as may
be necessary, is appropriated from the School Infrastructure Fund to
the State Board of Education for grants to elementary and secondary
schools for maintenance projects pursuant to 105 ILCS 230/5-100 of
the School Construction Law.
Section 165. The amount of $240,000, or so much thereof as may
be necessary, is appropriated from the Fund for Illinois' Future to
the State Board of Education for a grant to the Murphysboro High
School for the "School within a School" Program.
Section 170. The sum of $4,319,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
State Board of Education for grants to units of local government,
educational facilities and not-for-profit organizations for
infrastructure improvements including but not limited to planning,
construction, reconstruction, renovation, equipment and supplies.
Section 175. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Logan Square
Neighborhood Association for afterschool programs at Brentano School.
Section 180. The sum of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Stowe School for
afterschool programs.
Section 185. The sum of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Lozano School
for afterschool programs.
Section 190. The sum of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Talcott School
for afterschool programs.
Section 195. The sum of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Von Humboldt
School for afterschool programs.
Section 200. The sum of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Mozart
Elementary School for afterschool programs.
Section 205. The sum of $700,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a deposit into the Emergency
Financial Assistance fund for emergency financial assistance pursuant
to Section 1B-8 of the school code for Calumet Park School District
132.
Section 210. The sum of $200,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Lake Bluff School
District 65 for ADA West School.
Section 215. The sum of $176,500, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Dunbar Career
Academy for the Apprenticeship Preparedness Training Program.
6342 JOURNAL OF THE [May 27, 1999]
Section 220. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Northwest Austin
Council for funding of the Safe Haven Program.
Section 225. The sum of $75,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the West Central
Illinois' Educational Telecommunications Corporations for
development, acquisition, and delivery of educational programming.
Section 230. The sum of $55,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to School District 187
for wheelchair bus.
Section 235. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to North Chicago High
School District 187 for Academy of Travel and Tourism.
Section 240. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Blue Gargoyle Adult
Literacy and Counseling Services.
Section 245. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for a grant to Alex Haley School for Computers.
Section 250. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Brown School for computers.
Section 255. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Gompers School for computers.
Section 270. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Higgins School for computers.
Section 275. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Metcalfe School for computers.
Section 280. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Owens School for computers.
Section 285. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to Songhan School for computers.
Section 290. The sum of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to White School for computers.
Section 295. The sum of $30,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Public
Schools for grant to the Lockport Community Education Foundation for
capital improvements for the youth education.
Section 300. The sum of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Delta Sigma
HOUSE OF REPRESENTATIVES 6343
Theta Sorority for tutoring and various programs.
Section 305. The sum of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Harris YWCA for
afterschool programs.
Section 310. The sum of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Arie Crown
Hebrew Day School for special education.
Section 315. The sum of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to ORT Technical
Institute for computer training for neighborhood residents.
Section 320. The sum of $110,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education to the Westside Baptist Minister
Conference for youth mentoring and afterschool programs.
Section 325. The sum of $300,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future for a
grant to the Illinois State Board of Education for a grant to the
Future Teachers of Chicago.
Section 330. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Kenwood Academy for
outdoor learning labs.
Section 335. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Coalition for
Improved Education for a technology training program.
Section 340. The sum of $125,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Community of
St. Sabina for computers and new facility for the Employment Resource
Center.
Section 345. The sum of $60,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to El Centro for an
after school and deaf program.
Section 350. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Holy Cross for
alternative schooling expenses.
Section 355. The sum of $100,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Hacia for the
apprenticeship and learning programs.
Section 360. The amount of $35,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of providing college and
workforce preparation programs at Lakeview Alternative High School.
Section 365. The amount of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for Casals Elementary School.
Section 370. The amount of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for Funston Elementary School.
Section 375. The amount of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
6344 JOURNAL OF THE [May 27, 1999]
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for Kelvyn Park High School.
Section 380. The amount of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for Nixon Elementary School.
Section 385. The amount of $75,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Nashville Community
High School District 99 for track improvements.
Section 390. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Lake County
Educational and Youth Development Program for the purpose of computer
purchases.
Section 395. The amount of $100,000, or so much thereof as may
be necessary, is appropriated from the Fund for Illinois' Future to
the Illinois State Board of Education for a grant to Lake Bluff
Elementary School District 65 for costs associated with Americans
with Disabilities Act improvements.
Section 400. The amount of $35,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Harrisburg Community
Unit School District 3.
Section 405. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Dever Elementary
School.
Section 410. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Gray Elementary
School.
Section 415. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Hanson Park
Elementary School.
Section 420. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Canty Elementary
School.
Section 425. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Portage Park
Elementary School.
Section 430. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Lyon Elementary
School.
Section 435. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Falconer Elementary
School.
Section 440. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
HOUSE OF REPRESENTATIVES 6345
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Steinmetz High
School.
Section 445. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Schubert Elementary
School.
Section 450. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Reinberg Elementary
School.
Section 455. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Locke Elementary
School.
Section 460. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Foreman High
School.
Section 465. The amount of $40,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at Simeon High School.
Section 470. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for science lab equipment purchases at Ruggles
Elementary School.
Section 475. The amount of $50,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
District 299 to provide necessary furniture, books, and computers for
Mount Greenwood Elementary School.
Section 480. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 to provide necessary equipment, furniture, and
books at Cullen Elementary School.
Section 485. The amount of $62,500, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Niles Township
Community High School District 219 for the purpose of supporting
choral projects at Niles North High School.
Section 490. The amount of $20,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Homewood Flossmoor
Community High School District 233.
Section 495. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Flossmoor School
District 161.
Section 500. The amount of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the Chicago Heights
School District 170.
Section 505. The amount of $100,000, or so much thereof as may
be necessary, is appropriated from the Capital Development Fund to
6346 JOURNAL OF THE [May 27, 1999]
the Illinois State Board of Education for a grant to Orion Community
Unit District 223.
Section 510. The amount of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for Fenger High School.
Section 515. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Barry Elementary School.
Section 520. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Marshall Middle School.
Section 525. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Murphy Elementary School.
Section 530. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Irving Park Middle School.
Section 535. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Henry Elementary School.
Section 540. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Haugan Elementary School.
Section 545. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Scammon Elementary School.
Section 550. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Belding Elementary School.
Section 555. In addition to any amount previously or elsewhere
appropriated, the amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Portage Park Elementary School.
Section 560. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for the purpose of equipment enhancements and
tutoring and recreation programs at Reilly Elementary School.
Section 565. The amount of $2,500, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Westmer Community
Unit District 203 for equipment enhancements.
HOUSE OF REPRESENTATIVES 6347
Section 570. The amount of $2,500, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Aledo Community Unit
District 201 for equipment enhancements.
Section 580. The amount of $12,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Dolton School
District 149 for technology improvements.
Section 585. The amount of $12,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at Metcalfe
Elementary School.
Section 590. The amount of $11,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at Gompers Elementary
School.
Section 595. The amount of $11,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for equipment enhancements at West Pullman
Elementary School.
Section 600. The amount of $11,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at Songhai Elementary
Learning Institute.
Section 605. The amount of $15,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Thornton Township
High School District 205 for technology improvements at Thornridge
High School.
Section 610. The amount of $25,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Thornton Fractional
Township High School District 215 for technology improvements at
Thornton Fractional North High School.
Section 615. The amount of $11,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at Owens Elementary
Community Academy.
Section 620. The amount of $11,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at White Elementary
School.
Section 625. The amount of $20,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Dolton School
District 148 for enhancements of a computer laboratory at Lincoln
Junior High School.
Section 630. The amount of $12,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at Higgins Elementary
Community Academy.
Section 635. The amount of $12,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
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School District 299 for technology improvements at Brown Elementary
Academy.
Section 640. The amount of $12,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to the City of Chicago
School District 299 for technology improvements at the Alex Haley
Academy.
Section 645. The amount of $66,250, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Venice Community
Unit School District 3 for the purpose of replacing revenues lost due
to reduced assessments.
Section 650. The amount of $10,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Calumet City School
District 155 for technology improvements at Wentworth Elementary
School.
Section 655. The amount of $5,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Calumet City School
District 155 for technology improvements at Wilson Elementary School.
Section 660. In addition to any amount previously or elsewhere
appropriated, the amount of $5,000, or so much thereof as may be
necessary, is appropriated from the Fund for Illinois' Future to the
Illinois State Board of Education for a grant to Thornton Fractional
High S