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
HOUSE OF REPRESENTATIVES 6115 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
HOUSE OF REPRESENTATIVES 6193 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
6238 JOURNAL OF THE [May 27, 1999] 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
6348 JOURNAL OF THE [May 27, 1999] 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