STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
140TH LEGISLATIVE DAY
FRIDAY, MAY 31, 2002
10:00 O'CLOCK A.M.
NO. 140
[May 31, 2002] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 140th Legislative Day Action Page(s) Adjournment........................................ 567 Committee on Rules Referrals....................... 10 Fiscal Note Requested.............................. 10 Housing Affordability Impact Note Requested........ 10 Letter of Transmittal.............................. 5 Quorum Roll Call................................... 5 Recess............................................. 558 State Debt Impact Note Supplied.................... 10 State Mandate Note Requested....................... 10 Bill Number Legislative Action Page(s) HB 0002 Conference Committee Report Submitted.............. 87 HB 0539 Motion Submitted................................... 11 HB 0539 Senate Message - Passage w/ SA..................... 22 HB 0727 Committee Report - Non-concur in SA................ 8 HB 1276 Senate Message - Passage w/ SA..................... 26 HB 1640 Adopt Second Conference Committee Report........... 559 HB 1640 Conference Committee Report Submitted.............. 93 HB 1640 Conference Committee Report Submitted.............. 103 HB 1640 Refuse to Adopt 1st Conf. Comm. Rept. - Request 2nd. 141 HB 1961 Committee Report - Concur in SA.................... 8 HB 1961 Concurrence in Senate Amendment/s.................. 548 HB 1975 Adopt First Conference Committee Report............ 554 HB 2381 Senate Message - Passage w/ SA..................... 29 HB 4090 Committee Report - Concur in SA.................... 86 HB 4090 Concurrence in Senate Amendment/s.................. 564 HB 4090 Motion Submitted................................... 11 HB 4090 Senate Message - Passage w/ SA..................... 41 HB 4157 Refuse to Concur in Senate Amendment/s............. 559 HB 4353 Committee Report - Concur in SA.................... 8 HB 4353 Concurrence in Senate Amendment/s.................. 548 HB 4357 Concurrence in Senate Amendment/s.................. 553 HB 4680 Senate Message - Passage w/ SA..................... 46 HB 4787 Third Reading...................................... 559 HB 4975 Adopt First Conference Committee Report............ 554 HB 5150 Motion Submitted................................... 11 HB 5150 Senate Message - Passage w/ SA..................... 47 HB 5240 Committee Report - Concur in SA.................... 86 HB 5240 Concurrence in Senate Amendment/s.................. 564 HB 5278 Concurrence in Senate Amendment/s.................. 557 HB 5375 Refuse to Concur in Senate Amendment/s............. 141 HB 5647 Motion Submitted................................... 11 HB 5647 Refuse to Concur in Senate Amendment/s............. 564 HB 5647 Senate Message - Passage w/ SA..................... 76 HB 5652 Adopt First Conference Committee Report............ 558 HB 5652 Conference Committee Report Submitted.............. 106 HB 5652 Senate Message - Conference Committee Appointed.... 11 HB 5874 Adopt First Conference Committee Report............ 554 HB 5996 Adopt First Conference Committee Report............ 558 HB 5996 Conference Committee Report Submitted.............. 107 HB 5996 Senate Message - Conference Committee Appointed.... 12 HB 6004 Concurrence in Senate Amendment/s.................. 548 HB 6012 Adopt First Conference Committee Report............ 559 HB 6012 Conference Committee Report Submitted.............. 108 HB 6012 Senate Message - Conference Committee Appointed.... 12 HJR 0007 Adoption........................................... 126
3 [May 31, 2002] Bill Number Legislative Action Page(s) HJR 0055 Adoption........................................... 556 HJR 0060 Adoption........................................... 557 HJR 0064 Adoption........................................... 557 HJR 0073 Adoption........................................... 557 HJR 0077 Adoption........................................... 557 HJR 0079 Adoption........................................... 558 HJR 0079 Committee Report................................... 8 HJR 0082 Resolution......................................... 566 HJR 0083 Adoption........................................... 125 HJR 0083 Committee Report................................... 85 HR 0565 Adoption........................................... 554 HR 0668 Adoption........................................... 555 HR 0687 Adoption........................................... 554 HR 0703 Adoption........................................... 555 HR 0715 Adoption........................................... 555 HR 0824 Adoption........................................... 556 HR 0826 Adoption........................................... 555 HR 0841 Adoption........................................... 555 HR 0844 Adoption........................................... 555 HR 0852 Adoption........................................... 555 HR 0854 Adoption........................................... 556 HR 0865 Adoption........................................... 555 HR 0866 Adoption........................................... 556 HR 0869 Adoption........................................... 556 HR 0892 Adoption........................................... 556 HR 0910 Adoption........................................... 556 HR 0914 Adoption........................................... 556 HR 0927 Adoption........................................... 556 HR 0928 Adoption........................................... 556 HR 0947 Committee Report................................... 85 HR 0947 Motion............................................. 558 HR 0950 Adoption........................................... 556 HR 0965 Adoption........................................... 564 HR 0965 Committee Report................................... 87 HR 0966 Adoption........................................... 564 HR 0973 Adoption........................................... 558 HR 0973 Committee Report................................... 8 HR 0985 Committee Report................................... 8 HR 0990 Agreed Resolution.................................. 118 HR 0991 Agreed Resolution.................................. 119 HR 0992 Agreed Resolution.................................. 120 HR 0993 Agreed Resolution.................................. 120 HR 0994 Resolution......................................... 564 HR 0995 Agreed Resolution.................................. 121 HR 0996 Agreed Resolution.................................. 122 HR 0996 Committee Report................................... 87 HR 0997 Resolution......................................... 565 HR 0998 Agreed Resolution.................................. 122 HR 0999 Resolution......................................... 565 HR 1000 Agreed Resolution.................................. 123 HR 1001 Agreed Resolution.................................. 123 HR 1002 Agreed Resolution.................................. 124 SB 0039 Adopt First Conference Committee Report............ 554 SB 0251 Committee Report-Floor Amendment/s................. 8 SB 0449 Committee Report-Floor Amendment/s................. 85 SB 0727 Conference Committee Report Submitted ............. 114 SB 0727 House Refuse to Recede - Appoint Members........... 548 SB 1588 Senate Message - Refuse to Concur.................. 13 SB 1649 Committee Report-Floor Amendment/s................. 8 SB 1649 Second Reading - Amendment/s....................... 548 SB 1649 Third Reading...................................... 553 SB 1966 Committee Report-Floor Amendment/s................. 85 SB 1966 Second Reading - Amendment/s....................... 137 SB 2069 Second Reading..................................... 125
[May 31, 2002] 4 Bill Number Legislative Action Page(s) SB 2069 Third Reading...................................... 125 SB 2212 Committee Report-Floor Amendment/s................. 86 SB 2212 Committee Report-Floor Amendment/s................. 9 SB 2212 Second Reading - Amendment/s....................... 559 SB 2212 Third Reading...................................... 563 SB 2214 Committee Report-Floor Amendment/s................. 85 SB 2214 Second Reading - Amendment/s....................... 132 SB 2214 Third Reading...................................... 136 SB 2216 Second Reading - Amendment/s....................... 126 SB 2216 Third Reading...................................... 126 SB 2393 Committee Report-Floor Amendment/s................. 8 SB 2393 Committee Report-Floor Amendment/s................. 8 SB 2393 Second Reading - Amendment/s....................... 142 SB 2393 Third Reading...................................... 547 SJR 0057 Adoption........................................... 557 SJR 0072 Committee Report................................... 85 SJR 0075 Adoption........................................... 557
5 [May 31, 2002] 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 Hassert 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: 118 present. (ROLL CALL 1) REQUEST TO BE SHOWN ON QUORUM Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Capparelli, should be recorded as present. Having been absent when the Quorum Roll Call for Attendance was taken, this is to advise you that I, Representative Shirley Jones, should be recorded as present. LETTER OF TRANSMITTAL GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Friday, May 31, 2002 for the following House Bill listed below: House Bills: 1640 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 May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Friday, May 31, 2002 for the following Senate Bill listed below: Senate Bills: 727
[May 31, 2002] 6 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 GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Friday, May 31, 2002 for the House Bill listed below: House Bills: 4090, 4680, 5150, 5647 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 JAY C. HOFFMAN STATE REPRESENTATIVE - 112TH DISTRICT May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Re: HB 5000 Dear Clerk Rossi: For purposes of legislative intent, I wish to make the following statements regarding House Bill 5000. The provisions regarding hearing officers by the Liquor Control Commission shall only apply in those cases of original jurisdiction. Sincerely yours, s/Jay C. Hoffman GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706
7 [May 31, 2002] May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Committee, Third Reading and/or Final Passage Deadline until Sunday, June 30, 2002 for the following House Bill listed below: House Bills: 2, 539, 1276, 2381, 4157, 4680. Senate Bills: 251, 449, 727, 2067, 2130, 2201, 2210, 2287, 2288, 2289, 2290, 2394, 2395. 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 GENERAL ASSEMBLY STATE OF ILLINOIS MICHAEL J. MADIGAN ROOM 300 SPEAKER STATE HOUSE HOUSE OF REPRESENTATIVES SPRINGFIELD, ILLINOIS 62706 May 31, 2002 Anthony D. Rossi Chief Clerk of the House 402 State House Springfield, IL 62706 Dear Clerk Rossi: Please be advised that I have extended the Final Passage Deadline until Friday, May 31, 2002 for the following House Bill listed below: House Bills: 539 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 Committee pursuant to Rule 19(a): HOUSE BILLS 207, 1215, 1440, 1495, 2671, 3336, 3495, 4082, 4453, 4563, 4725, 4788, 5076, 5140, 5150, 5281, 5368, 5514, 5530, 5596, 5608, 5631, 5646 and 5823. SENATE BILLS 1104, 1556, 1573, 1577, 1588, 1609, 1627, 1637, 1641,
[May 31, 2002] 8 1650, 1704, 1710, 1732, 1761, 1798, 1809, 1839, 1849, 1927, 1976, 2018, 2023, 2098, 2132, 2189, 2232, 2291, 2294, 2312, 2392, 2396 and 2397. REPORT FROM THE COMMITTEE ON RULES Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 79. HOUSE RESOLUTION 973. That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 251. Amendment No. 1 to SENATE BILL 2393. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 1961. Motion to concur with Senate Amendment No. 1 to HOUSE BILL 4353. That the Motion be reported "be approved for consideration" and placed on the House Calendar: Motion to non-concur with Senate Amendment No. 1 to HOUSE BILL 727. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn Y Turner, Art 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 1640. That the Floor Amendment be reported "recommends be adopted": Amendment No. 1 to SENATE BILL 1649. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross A Tenhouse, Spkpn Y Turner, Art 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 Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 2393. The committee roll call vote on Amendment No. 2 to SENATE BILL 2393 is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Hannig Y Cross A Tenhouse, Spkpn Y Turner, Art Representative Currie, Chairperson, from the Committee on Rules to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 985. The committee roll call vote on HOUSE RESOLUTION 985 is as follows:
9 [May 31, 2002] 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair Y Hannig (Lang) Y Cross A Tenhouse, Spkpn N Turner, Art 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: Second Conference Committee Report to HOUSE BILL 1640. The committee roll call vote on the First Conference Committee Report to HOUSE BILL 1640 is as follows: 3, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Hannig Y Cross A Tenhouse, Spkpn Y Turner, Art 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 5652. First Conference Committee Report to HOUSE BILL 5996. First Conference Committee Report to HOUSE BILL 6012. The committee roll call vote on the First Conference Committee Report to HOUSE BILLS 5652, 5996 and 6012 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn A Turner, Art 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 Floor Amendment be reported "recommends be adopted": Amendment No. 3 to SENATE BILL 2212. The committee roll call vote on Amendment No. 3 to SENATE BILL 2212 is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross Y Tenhouse, Spkpn Y Turner, Art 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 2. The committee roll call vote on the First Conference Committee Report to HOUSE BILL 2 is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Hannig Y Cross A Tenhouse, Spkpn Y Turner, Art
[May 31, 2002] 10 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 Commerce & Business Development: HOUSE RESOLUTION 947. Committee on Executive: House Amendment 2 to SENATE BILL 2212. Committee on Judiciary I-Civil Law: HOUSE RESOLUTION 954. Committee on Judiciary II-Criminal Law: Motion to Concur in Senate Amendments 2 and 3 to HOUSE BILL 5240. Committee on State Government Administration: HOUSE RESOLUTION 965. Committee on Transportation & Motor Vehicles: HOUSE RESOLUTION 966. Committee on Executive: Senate Amendments 1 and 2 to HOUSE BILL 4090. Committee on Executive: House Amendment 1 to SENATE BILL 2130. Committee on Human Services: House Amendment 1 to SENATE BILL 2201. Committee on Judiciary II-Criminal Law: FIRST CONFERENCE COMMITTEE REPORT TO HOUSE BILL 727. MOTIONS SUBMITTED Representative Brosnahan submitted the following written motion, which was placed on the order of Motions: MOTION Pursuant to Rule 25, I move to suspend the posting requirements in relation to HOUSE RESOLUTION 965 assigned to the Committee on State Government Administration. REQUEST FOR FISCAL NOTE Representative Black requested that a Fiscal Note be supplied for SENATE BILL 1649, as amended. REQUEST FOR STATE MANDATE NOTE Representative Black requested that a State Mandate Note be supplied for SENATE BILL 1649, as amended. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Black requested that a Housing Affordability Impact Note be supplied for SENATE BILL 1649, as amended. STATE DEBT IMPACT NOTE SUPPLIED A State Debt Impact Note has been supplied for SENATE BILL 2067, as amended. JOINT ACTION MOTIONS SUBMITTED Representative Reitz submitted the following written motion, which
11 [May 31, 2002] was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 4090. Representative Lindner submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 5150. Representative Eileen Lyons submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 2 to HOUSE BILL 5647. Representative Madigan 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 539. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 5652 A bill for AN ACT in relation to criminal law. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Roskam, Hawkinson, Petka; Molaro and del Valle. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate Representative Durkin moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 5652. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives O'Brien, Currie, Lang; Tenhouse and Durkin. Ordered that the Clerk inform 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 refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 5996 A bill for AN ACT concerning employment. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses
[May 31, 2002] 12 in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Radogno, Lauzen, Hawkinson; Halvorson and Hendon. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate Representative Eileen Lyons moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 5996. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives McKeon, Currie, Shirley Davis; Tenhouse and Eileen Lyons. Ordered that the Clerk inform 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 refused to recede from their amendment 1 to a bill of the following title, to-wit: HOUSE BILL NO. 6012 A bill for AN ACT concerning taxation. I am further directed to inform the House of Representatives that the Senate requests a First Committee of Conference to consist of five members from each House, to consider the differences of the two Houses in regard to the amendments to the bill, and that the Committee on Committees of the Senate has appointed as such Committee on the part of the Senate the following: Senators Donahue, Peterson, Burzynski; Jacobs and Obama. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate Representative Curry moved that the House accede to the request of the Senate for a Committee of Conference on HOUSE BILL 6012. The motion prevailed. The Speaker appointed the following as such committee on the part of the House: Representatives Curry, Joseph Lyons, Currie; Tenhouse and Bill Mitchell. Ordered that the Clerk inform 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. 1588 A bill for AN ACT in relation to vehicles. House Amendment No. 3 to Senate Bill No. 1588. I am further directed to inform the House of Representatives that the Senate has refused to concur with the House in the adoption of the following amendment: House Amendment No. 5 to Senate Bill No. 1588.
13 [May 31, 2002] Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their refusal to concur in House Amendment No. 5 to SENATE BILL 1588 was placed on the Calendar on the order of Non-Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 539 A bill for AN ACT concerning taxation. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 539. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 539 by replacing everything after the enacting clause with the following: "Section 5. The Cigarette Tax Act is amended by changing Sections 2 and 3 as follows: (35 ILCS 130/2) (from Ch. 120, par. 453.2) Sec. 2. Tax imposed; rate; collection, payment, and distribution; discount. (a) A tax is imposed upon any person engaged in business as a retailer of cigarettes in this State at the rate of 5 1/2 mills per cigarette sold, or otherwise disposed of in the course of such business in this State. In addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes in this State at a rate of 1/2 mill per cigarette sold or otherwise disposed of in the course of such business in this State on and after January 1, 1947, and shall be paid into the Metropolitan Fair and Exposition Authority Reconstruction Fund. On and after December 1, 1985, in addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes in this State at a rate of 4 mills per cigarette sold or otherwise disposed of in the course of such business in this State. Of the additional tax imposed by this amendatory Act of 1985, $9,000,000 of the moneys received by the Department of Revenue pursuant to this Act shall be paid each month into the Common School Fund. On and after the effective date of this amendatory Act of 1989, in addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes at the rate of 5 mills per cigarette sold or otherwise disposed of in the course of such business in this State. On and after the effective date of this amendatory Act of 1993, in addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes at the rate of 7 mills per cigarette sold or otherwise disposed of in the course of such business in this State. On and after December 15, 1997, in addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes
[May 31, 2002] 14 at the rate of 7 mills per cigarette sold or otherwise disposed of in the course of such business of this State. All of the moneys received by the Department of Revenue pursuant to this Act and the Cigarette Use Tax Act from the additional taxes imposed by this amendatory Act of 1997, shall be paid each month into the Common School Fund. On and after July 1, 2002, in addition to any other tax imposed by this Act, a tax is imposed upon any person engaged in business as a retailer of cigarettes at the rate of 20.0 mills per cigerette sold or otherwise disposed of in the course of such business in this State. The payment of such taxes shall be evidenced by a stamp affixed to each original package of cigarettes, or an authorized substitute for such stamp imprinted on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, as hereinafter provided. However, such taxes are not imposed upon any activity in such business in interstate commerce or otherwise, which activity may not under the Constitution and statutes of the United States be made the subject of taxation by this State. Beginning on the effective date of this amendatory Act of the 92nd General Assembly
15 [May 31, 2002] imposed by this amendatory Act of 1989 on such stamped cigarettes. Any distributor having cigarettes to which stamps have been affixed in his or her possession for sale at 12:01 a.m. on the effective date of this amendatory Act of 1993, is required to pay the additional tax imposed by this amendatory Act of 1993 on such stamped cigarettes. This payment, less the discount provided in subsection (b), shall be due when the distributor first makes a purchase of cigarette tax stamps after the effective date of this amendatory Act of 1993, or on the first due date of a return under this Act after the effective date of this amendatory Act of 1993, whichever occurs first. Any distributor having cigarettes to which stamps have been affixed in his possession for sale on December 15, 1997 shall not be required to pay the additional tax imposed by this amendatory Act of 1997 on such stamped cigarettes. Any distributor having cigarettes to which stamps have been affixed in his or her possession for sale on July 1, 2002 shall not be required to pay the additional tax imposed by this amendatory Act of the 92nd General Assembly on those stamped cigarettes. The amount of the Cigarette Tax imposed by this Act shall be separately stated, apart from the price of the goods, by both distributors and retailers, in all advertisements, bills and sales invoices. (b) The distributor shall be required to collect the taxes provided under paragraph (a) hereof, and, to cover the costs of such collection, shall be allowed a discount during any year commencing July 1st and ending the following June 30th in accordance with the schedule set out hereinbelow, which discount shall be allowed at the time of purchase of the stamps when purchase is required by this Act, or at the time when the tax is remitted to the Department without the purchase of stamps from the Department when that method of paying the tax is required or authorized by this Act. Prior to December 1, 1985, a discount equal to 1 2/3% of the amount of the tax up to and including the first $700,000 paid hereunder by such distributor to the Department during any such year; 1 1/3% of the next $700,000 of tax or any part thereof, paid hereunder by such distributor to the Department during any such year; 1% of the next $700,000 of tax, or any part thereof, paid hereunder by such distributor to the Department during any such year, and 2/3 of 1% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year shall apply. On and after December 1, 1985, a discount equal to 1.75% of the amount of the tax payable under this Act up to and including the first $3,000,000 paid hereunder by such distributor to the Department during any such year and 1.5% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year shall apply. Two or more distributors that use a common means of affixing revenue tax stamps or that are owned or controlled by the same interests shall be treated as a single distributor for the purpose of computing the discount. (c) The taxes herein imposed are in addition to all other occupation or privilege taxes imposed by the State of Illinois, or by any political subdivision thereof, or by any municipal corporation. (Source: P.A. 90-548, eff. 12-4-97; 90-587, eff. 7-1-98.) (35 ILCS 130/3) (from Ch. 120, par. 453.3) Sec. 3. Affixing tax stamp; remitting tax to the Department. Payment of the taxes imposed by Section 2 of this Act shall (except as hereinafter provided) be evidenced by revenue tax stamps affixed to each original package of cigarettes. Each distributor of cigarettes, before delivering or causing to be delivered any original package of cigarettes in this State to a purchaser, shall firmly affix a proper stamp or stamps to each such package, or (in case of manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper) shall imprint the required language on the original package of cigarettes beneath such outside wrapper, as hereinafter provided. No stamp or imprint may be affixed to, or made upon, any package of
[May 31, 2002] 16 cigarettes unless that package complies with all requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331 and following, for the placement of labels, warnings, or any other information upon a package of cigarettes that is sold within the United States. Under the authority of Section 6, the Department shall revoke the license of any distributor that is determined to have violated this paragraph. A person may not affix a stamp on a package of cigarettes, cigarette papers, wrappers, or tubes if that individual package has been marked for export outside the United States with a label or notice in compliance with Section 290.185 of Title 27 of the Code of Federal Regulations. It is not a defense to a proceeding for violation of this paragraph that the label or notice has been removed, mutilated, obliterated, or altered in any manner. The Department, or any person authorized by the Department, shall sell such stamps only to persons holding valid licenses as distributors under this Act. The Department may refuse to sell stamps to any person who does not comply with the provisions of this Act. Beginning on the effective date of this amendatory Act of the 92nd General Assembly and through June 30, 2002, persons holding valid licenses as distributors may purchase cigarette tax stamps up to an amount equal to 115% of the distributor's average monthly cigarette tax stamp purchases over the 12 calendar months prior to the effective date of this amendatory Act of the 92nd General Assembly. Prior to December 1, 1985, the Department shall allow a distributor 21 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 21 days thereafter: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 80% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $500,000, whichever is less. The Bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of amount of any 21-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. On and after December 1, 1985, the Department shall allow a distributor 30 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 30 days thereafter, and beginning on January 1, 2003 and thereafter, the draft shall be payable by means of electronic funds transfer: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 150% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $750,000, whichever is less, except that as to bonds filed on or after January 1, 1987, such additional bond shall be in an amount equal to 100% of such distributor's average monthly tax liability under this Act during the preceding calendar year or $750,000, whichever is less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 30-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The
17 [May 31, 2002] distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. Every prior continuous compliance taxpayer shall be exempt from all requirements under this Section concerning the furnishing of such bond, as defined in this Section, as a condition precedent to his being authorized to engage in the business licensed under this Act. This exemption shall continue for each such taxpayer until such time as he may be determined by the Department to be delinquent in the filing of any returns, or is determined by the Department (either through the Department's issuance of a final assessment which has become final under the Act, or by the taxpayer's filing of a return which admits tax to be due that is not paid) to be delinquent or deficient in the paying of any tax under this Act, at which time that taxpayer shall become subject to the bond requirements of this Section and, as a condition of being allowed to continue to engage in the business licensed under this Act, shall be required to furnish bond to the Department in such form as provided in this Section. Such taxpayer shall furnish such bond for a period of 2 years, after which, if the taxpayer has not been delinquent in the filing of any returns, or delinquent or deficient in the paying of any tax under this Act, the Department may reinstate such person as a prior continuance compliance taxpayer. Any taxpayer who fails to pay an admitted or established liability under this Act may also be required to post bond or other acceptable security with the Department guaranteeing the payment of such admitted or established liability. Any person aggrieved by any decision of the Department under this Section may, within the time allowed by law, protest and request a hearing, whereupon the Department shall give notice and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to such person. In the absence of such a protest filed within the time allowed by law, the Department's decision shall become final without any further determination being made or notice given. The Department shall discharge any surety and shall release and return any bond or security deposited, assigned, pledged, or otherwise provided to it by a taxpayer under this Section within 30 days after: (1) Such taxpayer becomes a prior continuous compliance taxpayer; or (2) Such taxpayer has ceased to collect receipts on which he is required to remit tax to the Department, has filed a final tax return, and has paid to the Department an amount sufficient to discharge his remaining tax liability as determined by the Department under this Act. The Department shall make a final determination of the taxpayer's outstanding tax liability as expeditiously as possible after his final tax return has been filed. If the Department cannot make such final determination within 45 days after receiving the final tax return, within such period it shall so notify the taxpayer, stating its reasons therefor. The Department may authorize distributors to affix revenue tax stamps by imprinting tax meter stamps upon original packages of cigarettes. The Department shall adopt rules and regulations relating to the imprinting of such tax meter stamps as will result in payment of the proper taxes as herein imposed. No distributor may affix revenue tax stamps to original packages of cigarettes by imprinting tax meter stamps thereon unless such distributor has first obtained permission from the Department to employ this method of affixation. The Department shall regulate the use of tax meters and may, to assure the proper collection of the taxes imposed by this Act, revoke or suspend the privilege, theretofore granted by the Department to any distributor, to imprint tax meter stamps upon original packages of cigarettes. Illinois cigarette manufacturers who place their cigarettes in original packages which are contained inside a sealed transparent wrapper, and similar out-of-State cigarette manufacturers who elect to qualify and are accepted by the Department as distributors under Section 4b of this Act, shall pay the taxes imposed by this Act by
[May 31, 2002] 18 remitting the amount thereof to the Department by the 5th day of each month covering cigarettes shipped or otherwise delivered in Illinois to purchasers during the preceding calendar month. Such manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper, before delivering such cigarettes or causing such cigarettes to be delivered in this State to purchasers, shall evidence their obligation to remit the taxes due with respect to such cigarettes by imprinting language to be prescribed by the Department on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, in such place thereon and in such manner as the Department may designate. Such imprinted language shall acknowledge the manufacturer's payment of or liability for the tax imposed by this Act with respect to the distribution of such cigarettes. (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.) Section 10. The Cigarette Use Tax Act is amended by changing Sections 2 and 3 as follows: (35 ILCS 135/2) (from Ch. 120, par. 453.32) Sec. 2. A tax is imposed upon the privilege of using cigarettes in this State, at the rate of 6 mills per cigarette so used. On and after December 1, 1985, in addition to any other tax imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at a rate of 4 mills per cigarette so used. On and after the effective date of this amendatory Act of 1989, in addition to any other tax imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at the rate of 5 mills per cigarette so used. On and after the effective date of this amendatory Act of 1993, in addition to any other tax imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at a rate of 7 mills per cigarette so used. On and after December 15, 1997, in addition to any other tax imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at a rate of 7 mills per cigarette so used. On and after July 1, 2002, in addition to any other tax imposed by this Act, a tax is imposed upon the privilege of using cigarettes in this State at a rate of 20.0 mills per cigarette so used. The taxes herein imposed shall be in addition to all other occupation or privilege taxes imposed by the State of Illinois or by any political subdivision thereof or by any municipal corporation. When any tax imposed herein terminates or has terminated, distributors who have bought stamps while such tax was in effect and who therefore paid such tax, but who can show, to the Department's satisfaction, that they sold the cigarettes to which they affixed such stamps after such tax had terminated and did not recover the tax or its equivalent from purchasers, shall be allowed by the Department to take credit for such absorbed tax against subsequent tax stamp purchases from the Department by such distributors. When the word "tax" is used in this Act, it shall include any tax or tax rate imposed by this Act and shall mean the singular of "tax" or the plural "taxes" as the context may require. Any distributor having cigarettes to which stamps have been affixed in his possession for sale on the effective date of this amendatory Act of 1989 shall not be required to pay the additional tax imposed by this amendatory Act of 1989 on such stamped cigarettes. Any distributor having cigarettes to which stamps have been affixed in his or her possession for sale at 12:01 a.m. on the effective date of this amendatory Act of 1993, is required to pay the additional tax imposed by this amendatory Act of 1993 on such stamped cigarettes. This payment shall be due when the distributor first makes a purchase of cigarette tax stamps after the effective date of this amendatory Act of 1993, or on the first due date of a return under this Act after the effective date of this amendatory Act of 1993, whichever occurs first. Once a distributor tenders payment of the additional tax to the Department, the distributor may purchase stamps from the Department. Any distributor having cigarettes to which stamps have been affixed in his possession for sale on December 15, 1997 shall not be required to pay the additional tax imposed by this amendatory Act of 1997 on such
19 [May 31, 2002] stamped cigarettes. Any distributor having cigarettes to which stamps have been affixed in his or her possession for sale on July 1, 2002 shall not be required to pay the additional tax imposed by this amendatory Act of the 92nd General Assembly on those stamped cigarettes. (Source: P.A. 90-548, eff. 12-4-97.) (35 ILCS 135/3) (from Ch. 120, par. 453.33) Sec. 3. Stamp payment. The tax hereby imposed shall be collected by a distributor maintaining a place of business in this State or a distributor authorized by the Department pursuant to Section 7 hereof to collect the tax, and the amount of the tax shall be added to the price of the cigarettes sold by such distributor. Collection of the tax shall be evidenced by a stamp or stamps affixed to each original package of cigarettes or by an authorized substitute for such stamp imprinted on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, except as hereinafter provided. Each distributor who is required or authorized to collect the tax herein imposed, before delivering or causing to be delivered any original packages of cigarettes in this State to any purchaser, shall firmly affix a proper stamp or stamps to each such package, or (in the case of manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper) shall imprint the required language on the original package of cigarettes beneath such outside wrapper as hereinafter provided. Such stamp or stamps need not be affixed to the original package of any cigarettes with respect to which the distributor is required to affix a like stamp or stamps by virtue of the Cigarette Tax Act, however, and no tax imprint need be placed underneath the sealed transparent wrapper of an original package of cigarettes with respect to which the distributor is required or authorized to employ a like tax imprint by virtue of the Cigarette Tax Act. No stamp or imprint may be affixed to, or made upon, any package of cigarettes unless that package complies with all requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1331 and following, for the placement of labels, warnings, or any other information upon a package of cigarettes that is sold within the United States. Under the authority of Section 6, the Department shall revoke the license of any distributor that is determined to have violated this paragraph. A person may not affix a stamp on a package of cigarettes, cigarette papers, wrappers, or tubes if that individual package has been marked for export outside the United States with a label or notice in compliance with Section 290.185 of Title 27 of the Code of Federal Regulations. It is not a defense to a proceeding for violation of this paragraph that the label or notice has been removed, mutilated, obliterated, or altered in any manner. Stamps, when required hereunder, shall be purchased from the Department, or any person authorized by the Department, by distributors. The Department may refuse to sell stamps to any person who does not comply with the provisions of this Act. Beginning on the effective date of this amendatory Act of the 92nd General Assembly and through June 30, 2002, persons holding valid licenses as distributors may purchase cigarette tax stamps up to an amount equal to 115% of the distributor's average monthly cigarette tax stamp purchases over the 12 calendar months prior to the effective date of this amendatory Act of the 92nd General Assembly. Prior to December 1, 1985, the Department shall allow a distributor 21 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 21 days thereafter: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 80% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $500,000, whichever is
[May 31, 2002] 20 less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 21-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. On and after December 1, 1985, the Department shall allow a distributor 30 days in which to make final payment of the amount to be paid for such stamps, by allowing the distributor to make payment for the stamps at the time of purchasing them with a draft which shall be in such form as the Department prescribes, and which shall be payable within 30 days thereafter, and beginning on January 1, 2003 and thereafter, the draft shall be payable by means of electronic funds transfer: Provided that such distributor has filed with the Department, and has received the Department's approval of, a bond, which is in addition to the bond required under Section 4 of this Act, payable to the Department in an amount equal to 150% of such distributor's average monthly tax liability to the Department under this Act during the preceding calendar year or $750,000, whichever is less, except that as to bonds filed on or after January 1, 1987, such additional bond shall be in an amount equal to 100% of such distributor's average monthly tax liability under this Act during the preceding calendar year or $750,000, whichever is less. The bond shall be joint and several and shall be in the form of a surety company bond in such form as the Department prescribes, or it may be in the form of a bank certificate of deposit or bank letter of credit. The bond shall be conditioned upon the distributor's payment of the amount of any 30-day draft which the Department accepts from that distributor for the delivery of stamps to that distributor under this Act. The distributor's failure to pay any such draft, when due, shall also make such distributor automatically liable to the Department for a penalty equal to 25% of the amount of such draft. Every prior continuous compliance taxpayer shall be exempt from all requirements under this Section concerning the furnishing of such bond, as defined in this Section, as a condition precedent to his being authorized to engage in the business licensed under this Act. This exemption shall continue for each such taxpayer until such time as he may be determined by the Department to be delinquent in the filing of any returns, or is determined by the Department (either through the Department's issuance of a final assessment which has become final under the Act, or by the taxpayer's filing of a return which admits tax to be due that is not paid) to be delinquent or deficient in the paying of any tax under this Act, at which time that taxpayer shall become subject to the bond requirements of this Section and, as a condition of being allowed to continue to engage in the business licensed under this Act, shall be required to furnish bond to the Department in such form as provided in this Section. Such taxpayer shall furnish such bond for a period of 2 years, after which, if the taxpayer has not been delinquent in the filing of any returns, or delinquent or deficient in the paying of any tax under this Act, the Department may reinstate such person as a prior continuance compliance taxpayer. Any taxpayer who fails to pay an admitted or established liability under this Act may also be required to post bond or other acceptable security with the Department guaranteeing the payment of such admitted or established liability. Any person aggrieved by any decision of the Department under this Section may, within the time allowed by law, protest and request a hearing, whereupon the Department shall give notice and shall hold a hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to such person. In the absence of such a protest filed within the time allowed by law, the Department's decision shall become final without any further determination being made or notice given.
21 [May 31, 2002] The Department shall discharge any surety and shall release and return any bond or security deposited, assigned, pledged, or otherwise provided to it by a taxpayer under this Section within 30 days after: (1) such Taxpayer becomes a prior continuous compliance taxpayer; or (2) such taxpayer has ceased to collect receipts on which he is required to remit tax to the Department, has filed a final tax return, and has paid to the Department an amount sufficient to discharge his remaining tax liability as determined by the Department under this Act. The Department shall make a final determination of the taxpayer's outstanding tax liability as expeditiously as possible after his final tax return has been filed. If the Department cannot make such final determination within 45 days after receiving the final tax return, within such period it shall so notify the taxpayer, stating its reasons therefor. At the time of purchasing such stamps from the Department when purchase is required by this Act, or at the time when the tax which he has collected is remitted by a distributor to the Department without the purchase of stamps from the Department when that method of remitting the tax that has been collected is required or authorized by this Act, the distributor shall be allowed a discount during any year commencing July 1 and ending the following June 30 in accordance with the schedule set out hereinbelow, from the amount to be paid by him to the Department for such stamps, or to be paid by him to the Department on the basis of monthly remittances (as the case may be), to cover the cost, to such distributor, of collecting the tax herein imposed by affixing such stamps to the original packages of cigarettes sold by such distributor or by placing tax imprints underneath the sealed transparent wrapper of original packages of cigarettes sold by such distributor (as the case may be): (1) Prior to December 1, 1985, a discount equal to 1-2/3% of the amount of the tax up to and including the first $700,000 paid hereunder by such distributor to the Department during any such year; 1-1/3% of the next $700,000 of tax or any part thereof, paid hereunder by such distributor to the Department during any such year; 1% of the next $700,000 of tax, or any part thereof, paid hereunder by such distributor to the Department during any such year; and 2/3 of 1% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year or (2) On and after December 1, 1985, a discount equal to 1.75% of the amount of the tax payable under this Act up to and including the first $3,000,000 paid hereunder by such distributor to the Department during any such year and 1.5% of the amount of any additional tax paid hereunder by such distributor to the Department during any such year. Two or more distributors that use a common means of affixing revenue tax stamps or that are owned or controlled by the same interests shall be treated as a single distributor for the purpose of computing the discount. Cigarette manufacturers who are distributors under this Act, and who place their cigarettes in original packages which are contained inside a sealed transparent wrapper, shall be required to remit the tax which they are required to collect under this Act to the Department by remitting the amount thereof to the Department by the 5th day of each month, covering cigarettes shipped or otherwise delivered to points in Illinois to purchasers during the preceding calendar month, but a distributor need not remit to the Department the tax so collected by him from purchasers under this Act to the extent to which such distributor is required to remit the tax imposed by the Cigarette Tax Act to the Department with respect to the same cigarettes. All taxes upon cigarettes under this Act are a direct tax upon the retail consumer and shall conclusively be presumed to be precollected for the purpose of convenience and facility only. Distributors who are manufacturers of cigarettes in original packages which are contained inside a sealed transparent wrapper, before delivering such cigarettes or causing such cigarettes to be delivered in this State to purchasers, shall evidence their obligation to collect and remit the tax due with
[May 31, 2002] 22 respect to such cigarettes by imprinting language to be prescribed by the Department on each original package of such cigarettes underneath the sealed transparent outside wrapper of such original package, in such place thereon and in such manner as the Department may prescribe; provided (as stated hereinbefore) that this requirement does not apply when such distributor is required or authorized by the Cigarette Tax Act to place the tax imprint provided for in the last paragraph of Section 3 of that Act underneath the sealed transparent wrapper of such original package of cigarettes. Such imprinted language shall acknowledge the manufacturer's collection and payment of or liability for the tax imposed by this Act with respect to such cigarettes. The Department shall adopt the design or designs of the tax stamps and shall procure the printing of such stamps in such amounts and denominations as it deems necessary to provide for the affixation of the proper amount of tax stamps to each original package of cigarettes. Where tax stamps are required, the Department may authorize distributors to affix revenue tax stamps by imprinting tax meter stamps upon original packages of cigarettes. The Department shall adopt rules and regulations relating to the imprinting of such tax meter stamps as will result in payment of the proper taxes as herein imposed. No distributor may affix revenue tax stamps to original packages of cigarettes by imprinting meter stamps thereon unless such distributor has first obtained permission from the Department to employ this method of affixation. The Department shall regulate the use of tax meters and may, to assure the proper collection of the taxes imposed by this Act, revoke or suspend the privilege, theretofore granted by the Department to any distributor, to imprint tax meter stamps upon original packages of cigarettes. The tax hereby imposed and not paid pursuant to this Section shall be paid to the Department directly by any person using such cigarettes within this State, pursuant to Section 12 hereof. (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02.) Section 15. The Property Tax Code is amended by changing Section 31-35 as follows: (35 ILCS 200/31-35) Sec. 31-35. Deposit of tax revenue. Beginning on the effective date of this amendatory Act of the 92nd General Assembly
23 [May 31, 2002] Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 1276 by replacing everything after the enacting clause with the following: "Section 5. The Property Tax Code is amended by changing Sections 9-195 and 15-60 as follows: (35 ILCS 200/9-195) Sec. 9-195. Leasing of exempt property. (a) Except as provided in Sections 15-35, 15-55, 15-60, 15-100, and 15-103, when property which is exempt from taxation is leased to another whose property is not exempt, and the leasing of which does not make the property taxable, the leasehold estate and the appurtenances shall be listed as the property of the lessee thereof, or his or her assignee. Taxes on that property shall be collected in the same manner as on property that is not exempt, and the lessee shall be liable for those taxes. However, no tax lien shall attach to the exempt real estate. The changes made by this amendatory Act of 1997 and by this amendatory Act of the 91st General Assembly are declaratory of existing law and shall not be construed as a new enactment. The changes made by Public Acts 88-221 and 88-420 that are incorporated into this Section by this amendatory Act of 1993 are declarative of existing law and are not a new enactment. (b) The provisions of this Section regarding taxation of leasehold interests in exempt property do not apply to any leasehold interest created pursuant to any transaction described in subsection (e) of Section 15-35, subsection (c-5) of Section 15-60, subsection (b) of Section 15-100, or Section 15-103. (Source: P.A. 90-562, eff. 12-16-97; 91-513, eff. 8-13-99.) (35 ILCS 200/15-60) Sec. 15-60. Taxing district property. All property belonging to any county or municipality used exclusively for the maintenance of the poor is exempt, as is all property owned by a taxing district that is being held for future expansion or development, except if leased by the taxing district to lessees for use for other than public purposes. Also exempt are: (a) all swamp or overflowed lands belonging to any county; (b) all public buildings belonging to any county, township, or municipality, with the ground on which the buildings are erected; (c) all property owned by any municipality located within its incorporated limits. Any such property leased by a municipality shall remain exempt, and the leasehold interest of the lessee shall be assessed under Section 9-195 of this Act, (i) for a lease entered into on or after January 1, 1994, unless the lease expressly provides that this exemption shall not apply; (ii) for a lease entered into on or after the effective date of Public Act 87-1280 and before January 1, 1994, unless the lease expressly provides that this exemption shall not apply or unless evidence other than the lease itself substantiates the intent of the parties to the lease that this exemption shall not apply; and (iii) for a lease entered into before the effective date of Public Act 87-1280, if the terms of the lease do not bind the lessee to pay the taxes on the leased property or if, notwithstanding the terms of the lease, the municipality has filed or hereafter files a timely exemption petition or complaint with respect to property consisting of or including the leased property for an assessment year which includes part or all of the first 12 months of the lease period. The foregoing clause (iii) added by Public Act 87-1280 shall not operate to exempt property for any assessment year as to which no timely exemption petition or complaint has been filed by the municipality or as to which an administrative or court decision denying exemption has become final and nonappealable. For each assessment year or portion thereof that property is made exempt by operation of the foregoing clause (iii), whether such year or portion is before or after the effective date of
[May 31, 2002] 24 Public Act 87-1280, the leasehold interest of the lessee shall, if necessary, be considered omitted property for purposes of this Act; (c-5) Notwithstanding clause (i) of subsection (c), all property owned by a municipality with a population of over 500,000 that is used for toll road or toll bridge purposes and that is leased for those purposes to another entity whose property is not exempt shall remain exempt, and any leasehold interest in the property shall not be subject to taxation under Section 9-195 of this Act; (d) all property owned by any municipality located outside its incorporated limits but within the same county when used as a tuberculosis sanitarium, farm colony in connection with a house of correction, or nursery, garden, or farm, or for the growing of shrubs, trees, flowers, vegetables, and plants for use in beautifying, maintaining, and operating playgrounds, parks, parkways, public grounds, buildings, and institutions owned or controlled by the municipality; and (e) all property owned by a township and operated as senior citizen housing under Sections 35-50 through 35-50.6 of the Township Code. All property owned by any municipality outside of its corporate limits is exempt if used exclusively for municipal or public purposes. For purposes of this Section, "municipality" means a municipality, as defined in Section 1-1-2 of the Illinois Municipal Code. (Source: P.A. 89-165, eff. 1-1-96; 90-176, eff. 1-1-98.) Section 10. The Illinois Municipal Code is amended by changing Section 8-11-6 as follows: (65 ILCS 5/8-11-6) (from Ch. 24, par. 8-11-6) Sec. 8-11-6. Home Rule Municipal Use Tax Act. (a) The corporate authorities of a home rule municipality 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 at a location within the corporate limits of such home rule municipality with an agency of this State's government, at a rate which is an increment of 1/4% and based on the selling price of such tangible personal property, as "selling price" is defined in the Use Tax Act. In home rule municipalities with less than 2,000,000 inhabitants, the tax shall be collected by the municipality imposing the tax from persons whose Illinois address for titling or registration purposes is given as being in such municipality. (b) In home rule municipalities with 2,000,000 or more inhabitants, the corporate authorities of the municipality may additionally impose a tax beginning July 1, 1991 upon the privilege of using in the municipality, any item of tangible personal property, other than tangible personal property titled or registered with an agency of the State's government, that is purchased at retail from a retailer located outside the corporate limits of the municipality, at a rate that is an increment of 1/4% not to exceed 1% and based on the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. Such tax shall be collected from the purchaser
25 [May 31, 2002] determination must be obtained from the Department before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered if the Department and that agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department shall have full power to administer and enforce this Section to collect all taxes, penalties and interest due hereunder, to dispose of taxes, penalties and interest so collected in the manner hereinafter provided, and determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty or interest 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 2 (except the definition of "retailer maintaining a place of business in this State"), 3 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19, 20, 21 and 22 of the Use Tax Act, which are not inconsistent with this Section, as fully as if provisions contained in those Sections of the Use Tax Act were set forth herein. Whenever the Department determines that a refund shall 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 home rule municipal retailers' occupation tax fund. The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties and interest collected hereunder. On or before the 25th day of each calendar month, the Department shall prepare and certify to the State Comptroller the disbursement of stated sums of money to named municipalities, the municipality in each instance to be that municipality from which the Department during the second preceding calendar month, collected municipal use tax from any person whose Illinois address for titling or registration purposes is given as being in such municipality. 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, less the amount expended during the second preceding month by the Department to be paid from the appropriation to the Department from the Home Rule Municipal Retailers' Occupation Tax Trust Fund. The appropriation to cover the costs incurred by the Department in administering and enforcing this Section shall not exceed 2% of the amount estimated to be deposited into the Home Rule Municipal Retailers' Occupation Tax Trust Fund during the fiscal year for which the appropriation is made. Within 10 days after receipt by the State Comptroller of the disbursement certification to the municipalities provided for in this Section to be given to the State Comptroller by the Department, the State Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in that certification. Any ordinance imposing or discontinuing any tax to be collected and enforced by the Department under this Section shall be adopted and a certified copy thereof filed with the Department on or before October 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the municipalities as of January 1 next following such adoption and filing. Beginning April 1, 1998, any ordinance imposing or discontinuing any tax to be collected and
[May 31, 2002] 26 enforced by the Department under this Section shall either (i) be adopted and a certified copy thereof filed with the Department on or before April 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the municipalities as of July 1 next following the adoption and filing; or (ii) be adopted and a certified copy thereof filed with the Department on or before October 1, whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the municipalities as of January 1 next following the adoption and filing. Nothing in this subsection (c) shall prevent a home rule municipality from collecting the tax pursuant to subsection (a) in any situation where such tax is not collected by the Department of Revenue under this subsection (c). (d) Any unobligated balance remaining in the Municipal Retailers' Occupation Tax Fund on December 31, 1989, which fund was abolished by Public Act 85-1135, and all receipts of municipal tax as a result of audits of liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund, for distribution as provided by this Section prior to the enactment of Public Act 85-1135. All receipts of municipal tax as a result of an assessment not arising from an audit, for liability periods prior to January 1, 1990, shall be paid into the Local Government Tax Fund for distribution before July 1, 1990, as provided by this Section prior to the enactment of Public Act 85-1135, and on and after July 1, 1990, all such receipts shall be distributed as provided in Section 6z-18 of the State Finance Act. (e) 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. (f) This Section shall be known and may be cited as the Home Rule Municipal Use Tax Act. (Source: P.A. 91-51, eff. 6-30-99; 92-221, eff. 8-2-01.) Section 90. The State Mandates Act is amended by adding Section 8.26 as follows: (30 ILCS 805/8.26 new) Sec. 8.26. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 92nd General Assembly. Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 1276 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 2381 A bill for AN ACT in relation to taxation. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 2381. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate
27 [May 31, 2002] AMENDMENT NO. 1. Amend House Bill 2381 by replacing everything after the enacting clause with the following: "Section 5. The Riverboat Gambling Act is amended by changing Sections 12 and 13 as follows: (230 ILCS 10/12) (from Ch. 120, par. 2412) Sec. 12. Admission tax; fees. (a) A tax is hereby imposed upon admissions authorized pursuant to this Act. Until July 1, 2002, the rate is
[May 31, 2002] 28 22.5% of annual adjusted gross receipts in excess of $25,000,000 but not exceeding $50,000,000; 27.5% of annual adjusted gross receipts in excess of $50,000,000 but not exceeding $75,000,000; 32.5% of annual adjusted gross receipts in excess of $75,000,000 but not exceeding $100,000,000; 37.5% of annual adjusted gross receipts in excess of $100,000,000 but not exceeding $150,000,000; 45% of annual adjusted gross receipts in excess of $150,000,000 but not exceeding $200,000,000; 50% of annual adjusted gross receipts in excess of $200,000,000. The taxes imposed by this Section shall be paid by the licensed owner to the Board not later than 3:00 o'clock p.m. of the day after the day when the wagers were made. (b) Until January 1, 1998, 25% of the tax revenue deposited in the State Gaming Fund under this Section shall be paid, subject to appropriation by the General Assembly, to the unit of local government which is designated as the home dock of the riverboat. Beginning January 1, 1998, from the tax revenue deposited in the State Gaming Fund under this Section, an amount equal to 5% of adjusted gross receipts generated by a riverboat shall be paid monthly, subject to appropriation by the General Assembly, to the unit of local government that is designated as the home dock of the riverboat. (c) Appropriations, as approved by the General Assembly, may be made from the State Gaming Fund to the Department of Revenue and the Department of State Police for the administration and enforcement of this Act. (c-5) After the payments required under subsections (b) and (c) have been made, an amount equal to 15% of the adjusted gross receipts of a riverboat (1) that relocates pursuant to Section 11.2, or (2) for which an owners license is initially issued after the effective date of this amendatory Act of 1999, whichever comes first, shall be paid from the State Gaming Fund into the Horse Racing Equity Fund. (c-10) Each year the General Assembly shall appropriate from the General Revenue Fund to the Education Assistance Fund an amount equal to the amount paid into the Horse Racing Equity Fund pursuant to subsection (c-5) in the prior calendar year. (c-15) After the payments required under subsections (b), (c), and (c-5) have been made, an amount equal to 2% of the adjusted gross receipts of a riverboat (1) that relocates pursuant to Section 11.2, or (2) for which an owners license is initially issued after the effective date of this amendatory Act of 1999, whichever comes first, shall be paid, subject to appropriation from the General Assembly, from the State Gaming Fund to each home rule county with a population of over 3,000,000 inhabitants for the purpose of enhancing the county's criminal justice system. (c-20) Each year the General Assembly shall appropriate from the General Revenue Fund to the Education Assistance Fund an amount equal to the amount paid to each home rule county with a population of over 3,000,000 inhabitants pursuant to subsection (c-15) in the prior calendar year. (c-25) After the payments required under subsections (b), (c), (c-5) and (c-15) have been made, an amount equal to 2% of the adjusted gross receipts of a riverboat (1) that relocates pursuant to Section 11.2, or (2) for which an owners license is initially issued after the effective date of this amendatory Act of 1999, whichever comes first, shall be paid from the State Gaming Fund into the State Universities Athletic Capital Improvement Fund. (d) From time to time, the Board shall transfer the remainder of the funds generated by this Act into the Education Assistance Fund, created by Public Act 86-0018, of the State of Illinois. (e) Nothing in this Act shall prohibit the unit of local government designated as the home dock of the riverboat from entering into agreements with other units of local government in this State or in other states to share its portion of the tax revenue.
29 [May 31, 2002] (f) To the extent practicable, the Board shall administer and collect the wagering taxes imposed by this Section in a manner consistent with the provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act. (Source: P.A. 90-548, eff. 12-4-97; 91-40, eff. 6-25-99.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 2381 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4090 A bill for AN ACT in relation to property. 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. 4090. Senate Amendment No. 2 to HOUSE BILL NO. 4090. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4090 on page 1, by replacing lines 4 and 5 with the following: "Section 5. The Code of Civil Procedure is amended by changing Section 7-103 and adding Sections 7-103.97 and 7-103.149 as follows: (735 ILCS 5/7-103) (from Ch. 110, par. 7-103) Sec. 7-103. "Quick-take". (a) This Section applies only to proceedings under this Article that are authorized in the Sections following this Section and preceding Section 7-104. (a-5) A unit of local government that proposes to acquire property in a proceeding to which this Section applies must comply with all of the following procedures: (1) The unit of local government must notify each owner of an interest in the property, by certified mail, of the unit of local government's intention to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property in a proceeding to which this Section applies. (2) The unit of local government must cause notice of its intention to request authorization to acquire the property in such a proceeding to be published in a newspaper of general circulation in the territory sought to be acquired by the unit of local government. (3) Following the notices required under paragraphs (1) and (2), the unit of local government must hold at least one public hearing, at the place where the unit of local government normally holds its business meetings, on the question of the unit of local government's acquisition of the property in a proceeding to which
[May 31, 2002] 30 this Section applies. (4) Following the public hearing or hearings held under paragraph (3), the unit of local government must adopt, by recorded vote, a resolution to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property in a proceeding to which this Section applies. The resolution must include a statement of the time period within which the unit of local government requests authority to exercise "quick-take" powers under this Section, which may not exceed one year. (5) Following the public hearing or hearings held under paragraph (3), and not less than 30 days following the notice to the property owner or owners required under paragraph (1), the chief elected official of the unit of local government must submit to the Chairmen and Minority Spokespersons of the appropriate Senate and House Committees a sworn, notarized affidavit that states all of the following: (A) The legal description of the property. If the parcel is being acquired for the purposes of a transportation project, the unit of local government exercising "quick-take" powers under this Section may submit, in lieu of a legal description, the tax identification number of the lot or lots containing the parcel, the calculated area of the parcel in acres, and a description of the location of the parcel. (B) The street address of the property. (C) The name of each State Senator and State Representative who represents the territory under the unit of local government's jurisdiction. (D) The date or dates on which the unit of local government contacted each such State Senator and State Representative concerning the unit of local government's intention to request approval of legislation by the General Assembly authorizing the unit of local government to acquire the property in a proceeding to which this Section applies. (E) The current name, address, and telephone number of each owner of an interest in the property. (F) A summary of all negotiations between the unit of local government and the owner or owners of the property concerning the sale of the property to the unit of local government. (G) A statement of the date and location of each public hearing held under paragraph (3). (H) A statement of the public purpose for which the unit of local government seeks to acquire the property. The affidavit must also contain the chief elected official's certification that (i) the property is located within the territory under the unit of local government's jurisdiction and (ii) the unit of local government seeks to acquire the property for a public purpose. (6) Together with the affidavit submitted under paragraph (5), the chief elected official of the unit of local government must submit the following items to the Chairmen and Minority Spokespersons of the appropriate Senate and House Committees: (A) A map of the area in which the property to be acquired is located, showing the location of the property. (B) Photographs of the property. (C) An appraisal of the property by a real estate appraiser who is certified or licensed under the Real Estate Appraiser Licensing Act or the Real Estate Appraiser Licensing Act of 2002. If, however, the parcel is being acquired by a unit of local government for a transportation project and the value of the parcel is less than $10,000 as appraised by a qualified person who has reasonable experience appraising real property, then the appraisal by that qualified person may be submitted rather than an appraisal by a real estate appraiser who is certified or licensed under the Real Estate Appraiser
31 [May 31, 2002] Licensing Act or the Real Estate Appraiser Licensing Act of 2002. (D) A copy of the resolution adopted by the unit of local government under paragraph (4). (E) Documentation of the public purpose for which the unit of local government seeks to acquire the property. (F) A copy of each notice sent to an owner of an interest in the property under paragraph (1) of this subsection (a-5). (7) Every affidavit submitted by a unit of local government under this subsection (a-5), together with all documents and other items submitted with the affidavit, must be made available to any person upon request for inspection and copying. Nothing in this subsection (a-5) applies to quick-take authority granted before the effective date of this amendatory Act of the 92nd General Assembly or to any quick-take authority granted in this amendatory Act of the 92nd General Assembly. (b) In a proceeding subject to this Section, the plaintiff, at any time after the complaint has been filed and before judgment is entered in the proceeding, may file a written motion requesting that, immediately or at some specified later date, the plaintiff either be vested with the fee simple title (or such lesser estate, interest or easement, as may be required) to the real property, or specified portion thereof, which is the subject of the proceeding, and be authorized to take possession of and use such property; or only be authorized to take possession of and to use such property, if such possession and use, without the vesting of title, are sufficient to permit the plaintiff to proceed with the project until the final ascertainment of compensation; however, no land or interests therein now or hereafter owned, leased, controlled or operated and used by, or necessary for the actual operation of, any common carrier engaged in interstate commerce, or any other public utility subject to the jurisdiction of the Illinois Commerce Commission, shall be taken or appropriated hereunder by the State of Illinois, the Illinois Toll Highway Authority, the sanitary district, the St. Louis Metropolitan Area Airport Authority or the Board of Trustees of the University of Illinois without first securing the approval of such Commission. Except as hereinafter stated, the motion for taking shall state: (1) an accurate description of the property to which the motion relates and the estate or interest sought to be acquired therein; (2) the formally adopted schedule or plan of operation for the execution of the plaintiff's project; (3) the situation of the property to which the motion relates, with respect to the schedule or plan; (4) the necessity for taking such property in the manner requested in the motion; and (5) if the property (except property described in Section 3 of the Sports Stadium Act, or property described as Site B in Section 2 of the Metropolitan Pier and Exposition Authority Act) to be taken is owned, leased, controlled or operated and used by, or necessary for the actual operation of, any interstate common carrier or other public utility subject to the jurisdiction of the Illinois Commerce Commission, a statement to the effect that the approval of such proposed taking has been secured from such Commission, and attaching to such motion a certified copy of the order of such Commission granting such approval. If the schedule or plan of operation is not set forth fully in the motion, a copy of such schedule or plan shall be attached to the motion. (Source: P.A. 91-357, eff. 7-29-99; 91-367, eff. 7-30-99; 92-16, eff. 6-28-01.) (735 ILCS 5/7-103.97 new) Sec. 7-103.97. Quick-take; Village of Baylis. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Baylis for the acquisition of the following described property for the purpose of constructing a sewer project: A part of the North One-Half of the Northwest Quarter of the Southeast Quarter of Section Seven (7), Township Four (4) South,
[May 31, 2002] 32 Range Four (4) West of the New Salem Township, Pike County, Illinois specifically described as follows: COMMENCING: At a point of beginning 540.35 feet South 00 degrees 33 minutes 30 seconds West of center of Section Seven (7), Township Four (4) South, Range Four (4) West of the New Salem Township, Pike County, Illinois, Thence 1,481.74 feet North 64 degrees 56 minutes 58 seconds East Thence 800.0 feet North 90 degrees 00 minutes 00 seconds West Thence 172.61 feet North 00 degrees 33 minutes 30 seconds East to the point of beginning, said area to contain 15.00 acres. PROPOSED ACCESS RIGHT OF WAY: Fifty (50) feet wide by Three hundred eighty six and 77 hundreds feet, said area containing 0.44 Acres more or less.". AMENDMENT NO. 2. Amend House Bill 4090, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Code of Civil Procedure is amended by adding Sections 7-103.97, 7-103.98, 7-103.99, 7-103.100, and and 7-103.101 as follows: (735 ILCS 5/7-103.97 new) Sec. 7-103.97. Quick-take; Village of Baylis. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Baylis for the acquisition of the following described property for the purpose of constructing a sewer project: A part of the North One-Half of the Northwest Quarter of the Southeast Quarter of Section Seven (7), Township Four (4) South, Range Four (4) West of the New Salem Township, Pike County, Illinois specifically described as follows: COMMENCING: At a point of beginning 540.35 feet South 00 degrees 33 minutes 30 seconds West of center of Section Seven (7), Township Four (4) South, Range Four (4) West of the New Salem Township, Pike County, Illinois, Thence 1,481.74 feet North 64 degrees 56 minutes 58 seconds East Thence 800.0 feet North 90 degrees 00 minutes 00 seconds West Thence 172.61 feet North 00 degrees 33 minutes 30 seconds East to the point of beginning, said area to contain 15.00 acres. PROPOSED ACCESS RIGHT OF WAY: Fifty (50) feet wide by Three hundred eighty six and 77 hundreds feet, said area containing 0.44 Acres more or less. (735 ILCS 5/7-103.98 new) Sec. 7-103.98. Quick-take; County of Lake. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General assembly, by the County of Lake, for the acquisition of the following described property as necessary right-of-way to complete the improvement of County Highway 45 (Washington Street) from Route 45 to Hunt Club Road: PARCEL 014 THAT PART OF COMMON ELEMENT IN THE TOWN HOMES OF WOODLAND HILLS CONDOMINIUM, PHASE 1B, AS DELINEATED ON THE SURVEY OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 45 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WIDENING OF WASHINGTON STREET RECORDED APRIL 15, 1985 AS DOCUMENT NO. 2348877, BEING ALSO THE POINT OF INTERSECTION OF A LINE DRAWN 15.240 METERS (50.00 FEET) SOUTH OF AND PARALLEL WITH THE EAST-WEST CENTERLINE OF SAID SECTION 20, WITH THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 20; THENCE WEST ALONG SAID PARALLEL LINE, ON AN ASSUMED BEARING OF NORTH 89 DEGREES 49 MINUTES 09 SECONDS WEST, A DISTANCE OF 151.292 METERS (493.08 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 49 MINUTES 09 SECONDS WEST, A DISTANCE OF 73.395 METERS (240.80 FEET); THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 7.620 METERS (25.00 FEET) AND THE CHORD BEARING OF SOUTH 45 DEGREES 10 MINUTES 51 SECONDS WEST, AN ARC DISTANCE OF 11.969 METERS (39.27 FEET);
33 [May 31, 2002] THENCE SOUTH 00 DEGREES 10 MINUTES 51 SECONDS WEST, A DISTANCE OF 6.614 METERS (21.70 FEET); THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 63.514 METERS (208.38 FEET) AND THE CHORD BEARING OF SOUTH 11 DEGREES 55 MINUTES 52 SECONDS EAST, AN ARC DISTANCE OF 26.853 METERS (88.10 FEET) TO THE POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 241.176 METERS (791.26 FEET) AND THE CHORD BEARING OF SOUTH 22 DEGREES 33 MINUTES 41 SECONDS EAST, AN ARC DISTANCE OF 12.473 METERS (40.92 FEET); THENCE SOUTH 89 DEGREES 49 MINUTES 30 SECONDS EAST, A DISTANCE OF 70.607 METERS (231.65 FEET); THENCE NORTH 00 DEGREES 10 MINUTES 30 SECONDS EAST, A DISTANCE OF 51.789 METERS (169.91 FEET) TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.4043 HECTARE (0.999 ACRE), MORE OR LESS. PERMANENT INDEX NUMBER: 07-20-400-032 THRU -049. PARCEL 017 THE SOUTH 18.288 METERS (60.00 FEET) OF THE EAST HALF (EXCEPT THE EAST 203.912 METERS (669.00 FEET) OF THE NORTHEAST QUARTER SECTION) OF THE FOLLOWING PARCEL (TAKEN AS A TRACT): THE NORTHEAST QUARTER (EXCEPT EAST 22 RODS AND THE WEST 60 RODS THEREOF) OF SECTION 20, TOWNSHIP 45 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. SAID PARCEL CONTAINING 0.2206 HECTARE (0.545 ACRE), MORE OR LESS, OF WHICH 0.1471 HECTARE (0.363 ACRE), MORE OR LESS, WAS PREVIOUSLY USED FOR HIGHWAY PURPOSES. PERMANENT INDEX NUMBER: 07-20-200-003. PARCEL 019 THE SOUTH 18.288 METERS (60.00 FEET) OF THE EAST 155.144 METERS (509.00 FEET) (EXCEPT EAST 22 RODS THEREOF) OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 45 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. SAID PARCEL CONTAINING 0.0814 HECTARE (0.201 ACRE), MORE OR LESS, OF WHICH 0.0546 HECTARE (0.135 ACRE), MORE OR LESS, WAS PREVIOUSLY USED FOR HIGHWAY PURPOSES. PERMANENT INDEX NUMBER: 07-20-200-003. (735 ILCS 5/7-103.99 new) Sec. 7-103.99. Quick-take; Village of Bartlett. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly by the Village of Bartlett for the acquisition of the following described easements for the purpose of the construction of an asphalt bicycle and multi-purpose public path: 1. PERMANENT EASEMENT. A permanent easement appurtenant, 20 feet to 30 feet in width, over, upon across, through and under that portion of the Alperin Property legally described as follows: Parcel 1: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Southwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 00 degrees 26 minutes 35 seconds East, being an assumed bearing on the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1273.66 feet; thence South 89 degrees 33 minutes 25 seconds East, perpendicular to the last described West line, a distance of 40.0 feet to the point of beginning; thence continuing South 89 degrees 33 minutes 25 seconds East, on said perpendicular line, a distance of 20.0 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 60.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 949.0 feet; thence South 89 degrees 33 minutes 25 seconds East, perpendicular to the last described West line, a distance of 10.0 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 70.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 323.28 feet to the South line of the East Half of the Northwest
[May 31, 2002] 34 Quarter of said Section Thirty-Three; thence South 89 degrees 18 minutes, 39 seconds West, on the last described South line, a distance of 30.01 feet; thence North 00 degrees 26 minutes 35 seconds East, on a line 40.0 feet East of and parallel with West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1272.87 feet to the point of beginning, all in Cook County, Illinois. Parcel 2: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Northwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 89 degrees 23 minutes 39 seconds East, being an assumed bearing on the North line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 40.0 feet to the point of beginning; thence continuing North 89 degrees 23 minutes 39 seconds East, on the last described North line, a distance of 20.0 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 60.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1392.66 feet; thence North 89 degrees 33 minutes 25 seconds West, perpendicular to the last described West line, a distance of 20.0 feet; thence North 00 degrees 26 minutes 35 seconds East, on a line 40.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1392.29 feet to the point of beginning, excepting therefrom that part described as follows: Commencing at the Northwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence South 00 degrees 26 minutes 35 seconds West, on the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 453.71 feet to the North right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 79 degrees 38 minutes 52 seconds East, on said North railroad right-of-way line, a distance of 40.61 feet to the point of beginning for said exception; thence continuing South 79 degrees 38 minutes 52 seconds East, on said North railroad right-of-way line, a distance of 20.30 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 60.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 101.51 feet to the South right-of-way line of said railroad; thence North 79 degrees 38 minutes 52 seconds West, on said South railroad right-of-way line, a distance of 20.30 feet; thence North 00 degrees 26 minutes 35 seconds East, on a line 40.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 101.51 feet to the point of beginning, all in Cook County, Illinois. (the "Permanent Easement Parcels") for the purpose of constructing, maintaining, repairing, replacing, gaining access to and use by the public of a 12 foot + / - wide, asphalt multi-purpose path. 2. ACCESS EASEMENT. A non-exclusive easement appurtenant, 25 feet to 27 feet in width, over, upon and across that portion of the Alperin Property legally described as follows: Parcel 1: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Southwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 00 degrees 26 minutes 35 seconds East, being an assumed bearing on the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1273.66 feet; thence South 89 degrees 33 minutes 25 seconds East, perpendicular to the last described West line, a distance of 13.11 feet to the point of beginning; thence continuing South 89 degrees 33 minutes 25 seconds East, on
35 [May 31, 2002] said perpendicular line, a distance of 26.89 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 40.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1243.53 feet to a point on a curve concave to the Northeast and having a radius of 45.87 feet; thence Northwesterly 43.45 feet on the arc of the aforementioned curve, having a chord bearing of North 26 degrees 46 minutes 35 seconds West and a chord distance of 41.84 feet; thence North 00 degrees 21 minutes 44 seconds East, a distance of 310.0 feet; thence North 1 degree 18 minutes 37 seconds West, a distance of 238.87 feet; thence North 00 degrees 26 minutes 07 seconds East, a distance of 383.83 feet; thence North 00 degrees 27 minutes 07 seconds East, a distance of 273.74 feet to the point of beginning, all in Cook County, Illinois. Parcel 2: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Northwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 89 degrees 23 minutes 39 seconds East, being an assumed bearing on the North line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 40.0 feet to the point of beginning; thence South 00 degrees 26 minutes 35 seconds West, on a line 40.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1392.29 feet; thence North 89 degrees 33 minutes 25 seconds West, perpendicular to the last described West line, a distance of 26.89 feet; thence North 00 degrees 27 minutes 07 seconds East, a distance of 9.53 feet; thence North 00 degrees 10 minutes 41 seconds East, a distance of 216.59 feet; thence North 00 degrees 51 minutes 33 seconds East, a distance of 154.56 feet; thence North 00 degrees 24 minutes 25 seconds East, a distance of 260.39 feet; thence North 00 degrees 21 minutes 48 seconds East, a distance of 144.80 feet; thence North 00 degrees 04 minutes 10 seconds West, a distance of 21.74 feet; thence North 00 degrees 41 minutes 33 seconds East, a distance of 50.42 feet; thence North 00 degrees 03 minutes 26 seconds East, a distance of 44.54 feet; thence North 00 degrees 51 minutes 20 seconds East, a distance of 84.53 feet; thence North 1 degree 41 minutes 45 seconds East, a distance of 291.25 feet; thence North 00 degrees 56 minutes 03 seconds East, a distance of 113.65 feet to the North line of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 89 degrees 23 minutes 39 seconds East, on the last described North line, a distance of 19.47 feet to the point of beginning, excepting therefrom that part falling within the 100.0 foot wide right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, all in Cook County, Illinois. (the "Access Easement Parcels") for the purpose of providing access to the public from the center of Naperville Road to the bicycle/multi-purpose asphalt path that will be constructed on the Permanent Easement. 3. CONSTRUCTION EASEMENT. A temporary construction easement, 57 feet to 67 feet in width, over, upon, across, through and under that portion of the Alperin Property legally described as follows: Parcel 1: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Southwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 00 degrees 26 minutes 35 seconds East, being an assumed bearing on the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1273.66 feet; thence South 89 degrees 33 minutes 25 seconds East, perpendicular to the last described West line, a distance of 13.11 feet to the point of beginning;
[May 31, 2002] 36 thence continuing South 89 degrees 33 minutes 25 seconds East, on said perpendicular line, a distance of 56.89 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 70.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 939.0 feet; thence South 89 degrees 33 minutes 25 seconds East, perpendicular to the last described West line, a distance of 10.0 feet; thence South 00 degrees 26 minutes 35 seconds West, on a line 80.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 313.12 feet; thence North 89 degrees 33 minutes 25 seconds West, a distance of 13.27 feet to a point of curve; thence Northwesterly 71.99 feet on the arc of a curve, concave to the Northeast, having a radius of 45.87 feet with a chord bearing of North 44 degrees 35 minutes 51 seconds West and a chord distance of 64.82 feet; thence North 00 degrees 21 minutes 44 seconds East, a distance of 310.0 feet; thence North 1 degree 18 minutes 37 seconds West, a distance of 238.87 feet; thence North 00 degrees 26 minutes 07 seconds East, a distance of 383.83 feet; thence North 00 degrees 27 minutes 07 seconds East, a distance of 273.74 feet to the point beginning, all in Cook County, Illinois. Parcel 2: That part of the East Half of the Northwest Quarter of Section Thirty-Three, Township Forty-One North, Range Nine, East of the Third Principal Meridian, bounded and described as follows: Commencing at the Northwest corner of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 89 degrees 23 minutes 39 seconds East, being an assumed bearing on the North line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 70.0 feet to the point of beginning; thence South 00 degrees 26 minutes 35 seconds West, on a line 70.0 feet East of and parallel with the West line of the East Half of the Northwest Quarter of said Section Thirty-Three, a distance of 1392.84 feet; thence North 89 degrees 33 minutes 25 seconds West, perpendicular to the last described West line, a distance of 56.89 feet; thence North 00 degrees 27 minutes 07 seconds East, a distance of 9.53 feet; thence North 00 degrees 10 minutes 41 seconds East, a distance of 216.59 feet; thence North 00 degrees 51 minutes 33 seconds East, a distance of 154.56 feet; thence North 00 degrees 24 minutes 25 seconds East, a distance of 260.39 feet; thence North 00 degrees 21 minutes 48 seconds East, a distance of 144.80 feet; thence North 00 degrees 04 minutes 10 seconds West, a distance of 21.74 feet; thence North 00 degrees 41 minutes 33 seconds East, a distance of 50.42 feet; thence North 00 degrees 03 minutes 26 seconds East, a distance of 44.54 feet; thence North 00 degrees 51 minutes 20 seconds East, a distance of 84.53 feet; thence North 1 degree 41 minutes 45 seconds East, a distance of 291.25 feet; thence North 00 degrees 56 minutes 03 seconds East, a distance of 113.65 feet to the North line of the East Half of the Northwest Quarter of said Section Thirty-Three; thence North 89 degrees 23 minutes 39 seconds East, on the last described North line, a distance of 49.47 feet to the point of beginning, excepting therefrom that part falling within the 100.0 foot wide right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, all in Cook County, Illinois. (the "Temporary Construction Easement Parcels") for the construction and installation of an asphalt, bicycle/multi-purpose path and the restoration of all areas affected and disturbed by said construction as soon as reasonably practical and weather permitting, but in all events all such work shall be completed within 364 days after said easement is granted by court order or decree. (735 ILCS 5/7-103.100 new) Sec. 7-103.100. Quick-take; Illinois Department of Natural Resources. (a) Quick-take proceedings under Section 7-103 may be used for a
37 [May 31, 2002] period of 24 months after the effective date of this amendatory Act of the 92nd General Assembly by the Illinois Department of Natural Resources for the acquisition of the following described property for the purpose of flood control: NINE (9) TRACTS OF LAND, HEREINAFTER DESCRIBED AS PARCELS, BEING ONE PARCEL FOR FEE SIMPLE TITLE AND EIGHT (8) PARCELS FOR PERMANENT EASEMENTS, ALL BEING LOCATED IN SECTIONS 28 AND 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN AND ALL BEING DESCRIBED AS FOLLOWS: PARCEL A (FEE SIMPLE TITLE) COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; THENCE, S00° 17'58"E BEING THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 2456.35 FEET TO A PK NAIL DRIVEN IN THE PAVEMENT; THENCE, N89° 48'00"E A DISTANCE OF 32.99 FEET TO THE INTERSECTION WITH A CONCRETE HIGHWAY R.O.W. MONUMENT (DAMAGED) LYING ON THE EASTERLY R.O.W. LINE OF 3 MILE LANE TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL A; THENCE, S51° 22'44"E A DISTANCE OF 33.50 FEET TO AN IRON PIN; THENCE, N89° 04'24"E A DISTANCE OF 1025.09 FEET TO AN IRON PIN; THENCE, S87° 13'56"E A DISTANCE OF 306.24 FEET TO AN IRON PIN; THENCE, S79° 29'07"E A DISTANCE OF 311.29 FEET TO AN IRON PIN LYING ON THE INTERSECTION WITH THE NORTHERLY R.O.W. LINE OF IL. RTE. 125; THENCE, N81° 59'11"W ALONG THE NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 243.13 FEET TO AN IRON PIN; THENCE, S89° 48'00"W ALONG SAID NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 1396.06 FEET TO AN IRON PIN; THENCE, N29° 15'08"W ALONG THE NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 53.76 FEET TO THE POINT OF BEGINNING, SAID PARCEL A CONTAINING 1.046 ACRES, MORE OR LESS; ALSO PARCEL B (PERMANENT EASEMENT) COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; THENCE, S00° 17'58"E BEING THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 2456.35 FEET TO A PK NAIL DRIVEN IN THE PAVEMENT; THENCE, N89° 48'00"E A DISTANCE OF 32.99 FEET TO THE INTERSECTION WITH A CONCRETE HIGHWAY R.O.W. MONUMENT (DAMAGED) LYING ON THE EASTERLY R.O.W. LINE OF 3 MILE LANE TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL B; THENCE, S51° 22'44"E A DISTANCE OF 33.50 FEET TO AN IRON PIN; THENCE, N89° 04'24"E A DISTANCE OF 112.73 FEET TO AN IRON PIN; THENCE, N44° 49'15"E A DISTANCE OF 343.99 FEET TO AN IRON PIN; THENCE N17° 37'15"W A DISTANCE OF 223.84 FEET TO AN IRON PIN; THENCE, S47° 06'00"W A DISTANCE OF 428.80 FEET TO AN IRON PIN LOCATED AT THE INTERSECTION WITH THE EASTERLY R.O.W. LINE OF 3 MILE LANE; THENCE, S00° 12'00"E ALONG THE EASTERLY R.O.W. LINE OF 3 MILE LANE A DISTANCE OF 146.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL B CONTAINING 2.108 ACRES, MORE OR LESS; ALSO PARCEL C (PERMANENT EASEMENT) COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; THENCE, S00° 17'58"E BEING THE EAST LINE OF SAID SECTION 29, A DISTANCE OF 2456.35 FEET TO A PK NAIL DRIVEN IN THE PAVEMENT; THENCE S89° 48'00"W A DISTANCE OF 27.01 FEET TO THE INTERSECTION WITH A CONCRETE HIGHWAY R.O.W. MONUMENT LYING ON THE WESTERLY R.O.W. LINE OF 3 MILE LANE TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING FOR PARCEL C; THENCE, N00° 12'00"W ALONG THE WESTERLY R.O.W. LINE OF 3 MILE LANE A DISTANCE OF 16.25 FEET TO AN IRON PIN; THENCE, N46° 47'54"W A DISTANCE OF 84.98 FEET TO AN IRON PIN; THENCE, S47° 52'31"W A DISTANCE OF 73.09 FEET TO AN IRON PIN; THENCE, S29° 59'17"E A DISTANCE OF 72.48 FEET TO THE INTERSECTION WITH AN IRON PIN ON THE NORTHERLY R.O.W. LINE OF IL. RTE. 125; THENCE, N64° 57'00"E ALONG THE NORTHERLY R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 88.29 FEET TO THE POINT OF BEGINNING, SAID PARCEL C CONTAINING 0.166 ACRES, MORE OR LESS; ALSO PARCEL D (PERMANENT EASEMENT) COMMENCING AT AN EXISTING STONE BEING THE NORTHEAST CORNER OF SECTION 29, T17N-R8W OF THE 3RD PRINCIPAL MERIDIAN; THENCE, S00° 17'58"E ALONG THE EAST LINE OF SECTION 29 A DISTANCE OF 2633.53
[May 31, 2002] 38 FEET TO A PK NAIL DRIVEN INTO THE PAVEMENT BEING AN INTERSECTION WITH THE SOUTH R.O.W. LINE, AS EXTENDED, OF IL. RTE. 125; THENCE, S89° 48'00"W ALONG THE SOUTH R.O.W. LINE OF SAID IL. RTE. 125 A DISTANCE OF 107.69 FEET TO AN IRON PIN TO BE HEREINAFTER KNOWN AS THE EASTERLY PERMANENT EASEMENT LINE AND THE POINT OF BEGINNING FOR PARCEL D; THENCE S89° 48'00"W ALONG THE SOUTH R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 81.06 FEET TO A POINT LOCATED AT THE INTERSECTION WITH THE CENTERLINE OF AN EXISTING DITCH; THENCE, S55° 58'52"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 209.47 FEET TO A POINT; THENCE, S53° 45'52"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 365.47 FEET TO A POINT; THENCE, S65° 19'43"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 113.11 FEET TO A POINT; THENCE, S30° 34'40"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 75.27 FEET TO A POINT; THENCE, S12° 53'03"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 116.75 FEET TO A POINT; THENCE, S08° 04'16"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 168.20 FEET TO A POINT; THENCE, S27° 51'33"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 46.96 FEET TO A POINT; THENCE, S65° 24'06"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 67.97 FEET TO A POINT; THENCE, S36° 00'49"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 59.69 FEET TO A POINT; THENCE, S85° 46'17"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 69.25 FEET TO A POINT; THENCE, S54° 45'52"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 98.13 FEET TO A POINT; THENCE, S87° 00'39"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 40.02 FEET TO A POINT; THENCE, S28° 51'55"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 21.60 FEET TO A POINT ALSO BEING THE INTERSECTION WITH THE NORTHERLY R.O.W. LINE OF FREMONT STREET; THENCE, S73° 36'39"E ALONG THE NORTHERLY R.O.W. LINE OF FREMONT STREET A DISTANCE OF 66.26 FEET TO AN IRON PIN, ALSO BEING THE INTERSECTION WITH THE EASTERLY EASEMENT LINE; THENCE, N69° 11'51"E ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF 259.39 FEET TO AN IRON PIN ; THENCE, N29° 51'00"E ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF 206.51 FEET TO AN IRON PIN; THENCE, N13° 03'29"W ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF 222.40 FEET TO AN IRON PIN; THENCE, N54° 58'36"E ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF 797.16 FEET TO THE POINT OF BEGINNING, SAID PARCEL D CONTAINING 1.878 ACRES, MORE OR LESS; ALSO PARCEL E (PERMANENT EASEMENT) COMMENCING AT A PK NAIL DRIVEN INTO THE PAVEMENT BEING AN INTERSECTION WITH THE SOUTH R.O.W. LINE OF SAID IL. RTE. 125, AS EXTENDED, AS PREVIOUSLY DESCRIBED IN PARCEL D; THENCE, S89° 48'00"W ALONG THE SOUTH R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 280.19 FEET TO AN IRON PIN ALSO BEING THE INTERSECTION WITH THE WESTERLY EASEMENT LINE TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING FOR PARCEL E; THENCE, S61° 41'32"W ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 544.25 FEET TO AN IRON PIN; THENCE, S27° 23'57"W ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 309.17 FEET TO AN IRON PIN; THENCE, S10° 40'01"E ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 197.30 FEET TO AN IRON PIN; THENCE, S56° 43'56"W ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 78.07 FEET TO AN IRON PIN; THENCE, N59° 23'46"W ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 124.54 FEET TO AN IRON PIN; THENCE, S38° 40'25"W ALONG THE WESTERLY EASEMENT LINE A DISTANCE OF 253.15 FEET TO AN IRON PIN LOCATED AT THE NORTHERLY R.O.W. LINE OF FREMONT STREET; THENCE, S73° 36'39"E ALONG THE NORTHERLY R.O.W. LINE OF FREMONT STREET A DISTANCE OF 79.92 FEET TO A POINT LOCATED AT THE INTERSECTION WITH THE CENTERLINE OF AN EXISTING DITCH; THENCE, N28° 51'55"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 21.60 FEET TO A POINT; THENCE, N87° 00'39"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 40.02 FEET TO A POINT; THENCE, N54° 45'52"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 98.13 FEET TO A POINT; THENCE, N85° 46'17"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 69.25 FEET TO A POINT; THENCE, N36° 00'49"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 59.69 FEET TO A POINT; THENCE, N65° 24'06"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 67.97 FEET TO A POINT; THENCE, N27° 51'33"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF
39 [May 31, 2002] 46.96 FEET TO A POINT; THENCE, N08° 04'16"W ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 168.20 FEET TO A POINT; THENCE, N12° 53'03"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 116.75 FEET TO A POINT; THENCE, N30° 34'40"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 75.27 FEET TO A POINT; THENCE, N65° 19'43"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 113.11 FEET TO A POINT; THENCE, N53° 45'52"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 365.47 FEET TO A POINT; THENCE, N55° 58'52"E ALONG THE CENTERLINE OF THE DITCH A DISTANCE OF 209.47 FEET TO A POINT LOCATED AT THE INTERSECTION WITH THE SOUTH R.O.W. LINE OF IL. RTE. 125; THENCE, S89° 48'00"W ALONG SAID SOUTH R.O.W. LINE OF IL. RTE. 125 A DISTANCE OF 91.44 FEET TO THE POINT OF BEGINNING, SAID PARCEL E CONTAINING 2.628 ACRES, MORE OR LESS; ALSO PARCEL F (PERMANENT EASEMENT) COMMENCING AT AN IRON PIN BEING THE INTERSECTION OF THE NORTH R.O.W. LINE OF FREMONT STREET AND THE WEST EASEMENT LINE, AS PREVIOUSLY DESCRIBED IN PARCEL E; THENCE S15° 35'22"W ACROSS SAID FREMONT STREET A DISTANCE OF 60.01 FEET TO AN IRON PIN BEING THE INTERSECTION OF THE WESTERLY PERMANENT EASEMENT LINE AND THE SOUTHERLY R.O.W. LINE OF FREMONT STREET TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL F; THENCE, S19° 32'27"W ALONG THE EASEMENT LINE A DISTANCE OF 316.50 FEET TO AN IRON PIN; THENCE, S13° 42'05"W ALONG THE EASEMENT LINE A DISTANCE OF 424.35 FEET TO AN IRON PIN; THENCE, S12° 12'06"W ALONG THE EASEMENT LINE A DISTANCE OF 53.67 FEET TO AN IRON PIN; THENCE, S06° 54'45"E ALONG THE EASEMENT LINE A DISTANCE OF 270.76 FEET TO AN IRON PIN; THENCE, S29° 05'13"E ALONG THE EASEMENT LINE A DISTANCE OF 140.63 FEET TO AN IRON PIN; THENCE, S44° 58'33"W ALONG THE EASEMENT LINE A DISTANCE OF 268.58 FEET TO AN IRON PIN; THENCE, S05° 01'56"E ALONG THE EASEMENT LINE A DISTANCE OF 228.73 FEET TO AN IRON PIN; THENCE, S65° 36'08"W ALONG THE EASEMENT LINE A DISTANCE OF 79.03 FEET TO AN IRON PIN; THENCE, S01° 45'38"W ALONG THE EASEMENT LINE A DISTANCE OF 67.29 FEET TO AN IRON PIN LOCATED AT THE INTERSECTION WITH THE NORTH R.O.W. LINE OF CEMETERY ROAD; THENCE, S89° 54'53"E ALONG THE NORTHERLY R.O.W. LINE A DISTANCE OF 153.89 FEET TO AN IRON PIN; THENCE, N11° 39'38"E ALONG THE EASTERLY EASEMENT LINE A DISTANCE OF 391.73 FEET TO AN IRON PIN; THENCE, N44° 53'07"E ALONG THE EASEMENT LINE A DISTANCE OF 130.86 FEET TO AN IRON PIN; THENCE, N00° 00'11"E A DISTANCE OF 131.73 FEET TO AN EXISTING REINFORCEMENT BAR; THENCE; N00° 00'11"E A DISTANCE OF 148.55 FEET TO AN IRON PIN;THENCE, N08° 44'27"W ALONG THE EASEMENT LINE A DISTANCE OF 266.45 FEET TO AN IRON PIN; THENCE, N08° 13'22"E ALONG THE EASEMENT LINE A DISTANCE OF 305.08 FEET TO AN IRON PIN; THENCE, N24° 29'54"E ALONG THE EASEMENT LINE A DISTANCE OF 202.57 FEET TO AN IRON PIN; THENCE, S73° 35'10"E ALONG THE EASEMENT LINE A DISTANCE OF 158.04 FEET TO AN IRON PIN; THENCE, N20° 27'57"E ALONG THE EASEMENT LINE A DISTANCE OF 58.70 FEET TO AN IRON PIN; THENCE, N65° 18'27"W ALONG THE EASEMENT LINE A DISTANCE OF 138.22 FEET TO AN IRON PIN; THENCE, N19° 41'58"E ALONG THE EASEMENT LINE A DISTANCE OF 66.62 FEET TO AN IRON PIN BEING THE INTERSECTION WITH THE SOUTHERLY R.O.W. LINE OF FREMONT STREET; THENCE, N73° 36'39"W ALONG THE SOUTHERLY R.O.W. LINE OF FREMONT STREET A DISTANCE OF 126.11 FEET TO THE POINT OF BEGINNING, SAID PARCEL F CONTAINING 5.060 ACRES, MORE OR LESS; ALSO PARCEL G (PERMANENT EASEMENT) COMMENCING AT AN EXISTING REINFORCEMENT BAR LOCATED AT S00° 00'11'W A DISTANCE OF 30.00 FEET FROM THE SOUTHWEST CORNER OF LOT 4 IN BLOCK 3 OF THE NORTHWEST ADDITION TO THE VILLAGE OF ASHLAND; THENCE, N89° 59'49"W A DISTANCE OF 331.32 FEET TO AN EXISTING REINFORCEMENT BAR; THENCE, N00° 00'11"E A DISTANCE OF 157.00 FEET TO AN EXISTING REINFORCEMENT BAR TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL G; THENCE, S89° 59'49"E A DISTANCE OF 29.56 FEET TO AN IRON PIN AT THE INTERSECTION WITH THE EASEMENT LINE; THENCE, N13° 10'52"W ALONG THE EASEMENT LINE A DISTANCE OF 85.69 FEET TO AN IRON PIN; THENCE, N08° 44'27"W ALONG THE EASEMENT LINE A DISTANCE OF 65.89 FEET TO AN IRON PIN; THENCE, S00° 00'11"W A DISTANCE OF 148.55 FEET TO THE POINT OF BEGINNING, SAID PARCEL G
[May 31, 2002] 40 CONTAINING 0.045 ACRES, MORE OR LESS; ALSO PARCEL H (PERMANENT EASEMENT) COMMENCING AT AN EXISTING REINFORCEMENT BAR LOCATED AT S00° 00'11"W A DISTANCE OF 30.00 FEET FROM THE SOUTHWEST CORNER OF LOT 4 IN BLOCK 3 OF THE NORTHWEST ADDITION TO THE VILLAGE OF ASHLAND; THENCE, N89° 59'49"W A DISTANCE OF 331.32 FEET TO AN EXISTING REINFORCEMENT BAR; THENCE, N00° 00'11"E A DISTANCE OF 157.00 FEET TO AN EXISTING REINFORCEMENT BAR TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL H; THENCE, S89° 59'49"E A DISTANCE OF 29.56 FEET TO AN IRON PIN BEING THE INTERSECTION OF THE EASEMENT LINE; THENCE, S12° 39'02"W ALONG THE EASEMENT LINE A DISTANCE OF 135.01 FEET TO AN IRON PIN; THENCE, N00° 00'11"E A DISTANCE OF 131.73 FEET TO THE POINT OF BEGINNING, SAID PARCEL H CONTAINING 0.045 ACRES, MORE OR LESS; ALSO PARCEL I (PERMANENT EASEMENT) COMMENCING AT AN EXISTING IRON PIN DESCRIBED ABOVE IN PARCEL F BEING THE INTERSECTION OF THE NORTH R.O.W LINE OF CEMETERY ROAD WITH THE WESTERLY EASEMENT LINE; THENCE, S18° 00'15"E ACROSS CEMETERY ROAD A DISTANCE OF 63.12 FEET TO AN IRON PIN LOCATED AT THE INTERSECTION WITH THE SOUTH R.O.W. LINE OF CEMETERY ROAD, TO BE HEREINAFTER KNOWN AS THE POINT OF BEGINNING OF PARCEL I; THENCE, S38° 53'00"W ALONG THE EASEMENT LINE A DISTANCE OF 78.50 FEET TO AN IRON PIN;THENCE, S71° 07'03"E ALONG THE EASEMENT LINE A DISTANCE OF 98.61 FEET TO AN IRON PIN; THENCE, N30° 48'26"E ALONG THE EASEMENT LINE A DISTANCE OF 108.13 FEET TO AN IRON PIN LOCATED AT THE INTERSECTION WITH THE SOUTH R.O.W. LINE OF CEMETERY ROAD; THENCE, N89° 54'52"W ALONG THE SOUTH R.O.W. LINE OF CEMETERY ROAD A DISTANCE OF 99.40 FEET TO THE POINT OF BEGINNING OF PARCEL I, SAID PARCEL CONTAINING 0.190 ACRES, MORE OR LESS. (735 ILCS 5/7-103.101 new) Sec. 7-103.101. Quick-take; County of Monroe. Quick-take proceedings under Section 7-103 may be used for a period of 12 months after the effective date of this amendatory Act of the 92nd General Assembly, by the County of Monroe, to acquire right-of-way for the proposed Rogers Street Extension project as follows: A part of Tax lots 3-A and 3-B of U.S. Survey 720, Claim 516, in Township 2 South, Range 9 West of the 3rd Principal Meridian, Monroe County, Illinois, as shown at page 122 of the Surveyor's Official Plat Record "A" in the Recorder's office of Monroe County, Illinois, and being more particularly described as follows, to wit: BEGINNING at the Southwest corner of Tax Lot 7 of U.S. Survey 641, Claim 1645, Township 2 South, Range 9 West of the 3rd Principal Meridian, Monroe County, Illinois, as shown at page 115 of the Surveyor's Official Plat Record "A" in the Recorder's office of Monroe County, Illinois; thence South 89 degrees 41 minutes 50 seconds East, an assumed bearing along the South line of U.S. Survey 641, Claim 1645 (said line also being the North line of U.S. Survey 720, Claim 516), a distance of 80.00 feet to a point; thence South 00 degrees 10 minutes 08 seconds West, a distance of 72.49 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 103.44 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 140.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 40.00 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 10.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 120.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 5.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 25.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 40.00 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 10.00 feet to a point; thence South 00
41 [May 31, 2002] degrees 49 minutes 52 seconds East, a distance of 85.00 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 5.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 700.00 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 10.00 feet to a point; thence South 00 degrees 49 minutes 52 seconds East, a distance of 228.94 feet to a point; thence Southeasterly, along a curve to the left having a radius of 19,097.61 feet, a delta of 01 degrees 29 minutes 50 seconds, an arc length of 499.06 feet, and a chord which bears South 01 degrees 34 minutes 48 seconds East, a chord distance of 499.05 feet to a point; thence South 02 degrees 19 minutes 43 seconds East, a distance of 60.17 feet to a point; thence South 18 degrees 45 minutes 15 seconds East, a distance of 58.28 feet to a point on the Northerly right-of-way line of Hamacher Street (45.00 feet left of station 15+80.12) as shown on the PLAT OF RIGHT-OF-WAY for Hamacher Street, City of Waterloo, in Envelope 195-B in the Recorder's office of Monroe County, Illinois; thence Southwesterly along said Northerly right-of-way line of Hamacher Street along a curve to the right having a radius of 3072.40 feet, a delta of 02 degrees 00 minutes 54 seconds, an arc length of 108.05 feet, and a chord which bears South 77 degrees 54 minutes 14 seconds West, a chord distance of 108.05 feet to a point (45.00 feet left of station 14+70.48); thence leaving said Northerly right-of-way line of Hamacher Street, North 02 degrees 19 minutes 43 seconds West, a distance of 134.41 feet to a point; thence Northwesterly, along a curve to the right having a radius of 19,187.61 feet, a delta of 01 degrees 29 minutes 50 seconds, an arc length of 501.41 feet, and a chord which bears North 01 degrees 34 minutes 48 seconds West, a chord distance of 501.40 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 978.94 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 10.00 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 40.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 190.00 feet to a point; thence South 89 degrees 10 minutes 08 seconds West, a distance of 10.00 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 40.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 30.00 feet to a point; thence North 89 degrees 10 minutes 08 seconds East, a distance of 10.00 feet to a point; thence North 00 degrees 49 minutes 52 seconds West, a distance of 204.14 feet to a point; thence North 00 degrees 10 minutes 08 seconds East, a distance of 73.37 feet to the POINT OF BEGINNING, containing 208,032 square feet more or less, or 4.776 acres more or less. 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 4090 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 4680 A bill for AN ACT in relation to elections.
[May 31, 2002] 42 Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 1 to HOUSE BILL NO. 4680. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 4680 on page 1 by replacing everything after line 3 with the following: "Section 3. The State Gift Ban Act is amended by changing Section 15 as follows: (5 ILCS 425/15) Sec. 15. Exceptions. The restriction in Section 10 does not apply to the following: (1) Anything for which the member, officer, employee, or judge pays the market value or anything not used and promptly disposed of as provided in Section 25. (2) A contribution, as defined in Article 9 of the Election Code that is lawfully made under that Act or attendance at a fundraising event sponsored by a political organization. (3) A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. (4) Anything provided by an individual on the basis of a personal friendship unless the member, officer, employee, or judge has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the member, officer, employee, or judge and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the member, officer, employee, or judge shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the member, officer, employee, or judge the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the member, officer, employee, or judge the individual who gave the gift also at the same time gave the same or similar gifts to other members, officers, employees, or judges. (5) A commercially reasonable loan evidenced in writing with repayment due by a date certain made in the ordinary course of the lender's business. (6) A contribution or other payments to a legal defense fund established for the benefit of a member, officer, employee, or judge that is otherwise lawfully made. (7) Intra-office and inter-office gifts. For the purpose of this Act, "intra-office gifts" means: (i) any gift given to a member or employee of the legislative branch from another member or employee of the legislative branch; (ii) any gift given to a judge or employee of the judicial branch from another judge or employee of the judicial branch; (iii) any gift given to an officer or employee of the
43 [May 31, 2002] executive branch from another officer or employee of the executive branch; (iv) any gift given to an officer or employee of a unit of local government, home rule unit, or school district, from another employee of that unit of local government, home rule unit, or school district; (v) any gift given to an officer or employee of any other governmental entity not included in item (i), (ii), (iii), or (iv), from another employee of that governmental entity; or (vi) any gift given to a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, an officer or employee of a unit of local government, home rule unit, or school district, or an officer or employee of any other governmental entity not included in item (i), (ii), (iii), or (iv) from a member or employee of the legislative branch, a judge or employee of the judicial branch, an officer or employee of the executive branch, an officer or employee of a unit of local government, home rule unit, or school district, or an officer or employee of any other governmental entity. (8) Food, refreshments, lodging, transportation, and other benefits: (i) resulting from the outside business or employment activities (or outside activities that are not connected to the duties of the member, officer, employee, or judge, as an office holder or employee) of the member, officer, employee, judge, or the spouse of the member, officer, employee, or judge, if the benefits have not been offered or enhanced because of the official position or employment of the member, officer, employee, or judge and are customarily provided to others in similar circumstances; (ii) customarily provided by a prospective employer in connection with bona fide employment discussions; or (iii) provided by a political organization in connection with a fundraising or campaign event sponsored by that organization. (9) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer. (10) Informational materials that are sent to the office of the member, officer, employee, or judge in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication. (11) Awards or prizes that are given to competitors in contests or events open to the public, including random drawings. (12) Honorary degrees (and associated travel, food, refreshments, and entertainment provided in the presentation of degrees and awards). (13) Training (including food and refreshments furnished to all attendees as an integral part of the training) provided to a member, officer, employee, or judge, if the training is in the interest of the governmental entity. (14) Educational missions, including meetings with government officials either foreign or domestic, intended to educate public officials on matters of public policy, to which the member, officer, employee, or judge may be invited to participate along with other federal, state, or local public officials and community leaders. (15) Bequests, inheritances, and other transfers at death. (16) Anything that is paid for by the federal government, the State, or a governmental entity, or secured by the government or governmental entity under a government contract. (17) A gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal, including hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or the individual's family or on property or facilities owned by that individual or the individual's family. (18) Free attendance at a widely attended event permitted under Section 20.
[May 31, 2002] 44 (19) Opportunities and benefits that are: (i) available to the public or to a class consisting of all employees, officers, members, or judges, whether or not restricted on the basis of geographic consideration; (ii) offered to members of a group or class in which membership is unrelated to employment or official position; (iii) offered to members of an organization such as an employee's association or credit union, in which membership is related to employment or official position and similar opportunities are available to large segments of the public through organizations of similar size; (iv) offered to any group or class that is not defined in a manner that specifically discriminates among government employees on the basis of branch of government or type of responsibility, or on a basis that favors those of higher rank or rate of pay; (v) in the form of loans from banks and other financial institutions on terms generally available to the public; or (vi) in the form of reduced membership or other fees for participation in organization activities offered to all government employees by professional organizations if the only restrictions on membership relate to professional qualifications. (20) A plaque, trophy, or other item that is substantially commemorative in nature and that is extended for presentation. (21) Golf or tennis; food or refreshments of nominal value and catered food or refreshments; meals or beverages consumed on the premises from which they were purchased. (22) Donations of products from an Illinois company that are intended primarily for promotional purposes, such as display or free distribution, and are of minimal value to any individual recipient. (23) Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
45 [May 31, 2002] including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of an executive branch constitutional officer who does have regulatory authority to solicit or receive contributions in violation of this Section. (d) Solicitation misconduct (State government) is a Class A misdemeanor. An employee of an executive branch constitutional officer convicted of committing solicitation misconduct (State government) forfeits his or her employment. (e) An employee of an executive branch constitutional officer who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole. (f) Any person who knowingly makes a false report of solicitation misconduct (State government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor. (720 ILCS 5/33-3.2 new) Sec. 33-3.2. Solicitation misconduct (local government). (a) An employee of a chief executive officer of a local government commits solicitation misconduct (local government) when, at any time, he or she knowingly solicits or receives contributions, as that term is defined in Section 9-1.4 of the Election Code, from a person engaged in a business or activity over which the person has regulatory authority. (b) For the purpose of this Section, "chief executive officer of a local government" means an executive officer of a county, township or municipal government or any administrative subdivision under jurisdiction of the county, township, or municipal government including but not limited to: chairman or president of a county board or commission, mayor or village president, township supervisor, county executive, municipal manager, assessor, auditor, clerk, coroner, recorder, sheriff or State's Attorney; "employee of a chief executive officer of a local government" means a full-time or part-time salaried employee, full-time or part-time salaried appointee, or any contractual employee of any office, board, commission, agency, department, authority, administrative unit, or corporate outgrowth under the jurisdiction of a chief executive officer of a local government; and "regulatory authority" means having the responsibility to investigate, inspect, license, or enforce regulatory measures necessary to the requirements of any State, local, or federal statute or regulation relating to the business or activity. (c) An employee of a chief executive officer of a local government, including one who does not have regulatory authority, commits a violation of this Section if that employee knowingly acts in concert with an employee of a chief executive officer of a local government who does have regulatory authority to solicit or receive contributions in violation of this Section. (d) Solicitation misconduct (local government) is a Class A misdemeanor. An employee of a chief executive officer of a local government convicted of committing solicitation misconduct (local government) forfeits his or her employment. (e) An employee of a chief executive officer of a local government who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee or on behalf of the employee or others in furtherance of the enforcement of this Section shall be entitled to all relief necessary to make the employee whole. (f) Any person who knowingly makes a false report of solicitation misconduct (local government) to the State Police, the Attorney General, a State's Attorney, or any law enforcement official is guilty of a Class C misdemeanor. Section 99. Effective date. This Act takes effect upon becoming
[May 31, 2002] 46 law.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 4680 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5150 A bill for AN ACT in relation to executive agencies. 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. 5150. Senate Amendment No. 2 to HOUSE BILL NO. 5150. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 5150 by replacing everything after the enacting clause with the following: "Section 5. The Illinois State Collection Act of 1986 is amended by changing Section 8 as follows: (30 ILCS 210/8) (from Ch. 15, par. 158) Sec. 8. Debt Collection Board. There is created a Debt Collection Board consisting of the Director of Central Management Services as chairman, the State Comptroller, and the Attorney General, or their respective designees. The Board shall establish a centralized collections service to undertake further collection efforts on delinquent accounts or claims of the State which have not been collected through the reasonable efforts of the respective State agencies. The Board shall promulgate rules and regulations pursuant to the Illinois Administrative Procedure Act with regard to the establishment of timetables and the assumption of responsibility for agency accounts receivable that have not been collected by the agency, are not subject to a current repayment plan, or have not been certified as uncollectible as of the date specified by the Board. The Board shall make a final evaluation of those accounts and either (i) direct or conduct further collection activities when further collection efforts are in the best economic interest of the State or (ii) in accordance with Section 2 of the Uncollected State Claims Act, certify the receivable as uncollectible or submit the account to the Attorney General for that certification. The Board is empowered to adopt rules and regulations subject to the provisions of the Illinois Administrative Procedure Act. After an account has been certified by the Board or the Attorney General as uncollectible under this Section, the State Comptroller
47 [May 31, 2002] The State Comptroller
[May 31, 2002] 48 that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 5647 A bill for AN ACT concerning elections. Together with the attached amendment thereto (which amendment has been printed by the Senate), in the adoption of which I am instructed to ask the concurrence of the House, to-wit: Senate Amendment No. 2 to HOUSE BILL NO. 5647. Passed the Senate, as amended, May 31, 2002. Jim Harry, Secretary of the Senate AMENDMENT NO. 2. Amend House Bill 5647 on page 1, by replacing line 7 with the following: "6-50.2, 6-50.3, 7-19, 7-46, 7-47, 7-49, 7-52, 7-53, 7-54, 7-55, 7-66, 15-6, 16-11, 17-9, 17-43, 18-5, 18-40, 19-2.1, 19-7, 19-8, 19-9, 19-10, 19-12.2, 19-15, 20-2, 20-2.1, 20-2.2, 20-7, 20-8, 20-9, and 20-15 and by adding Article 24C as follows:"; and on page 59, by inserting after line 18 the following: "(10 ILCS 5/7-19) (from Ch. 46, par. 7-19) Sec. 7-19. Arrangement and printing of primary ballot. The primary ballot of each political party for each precinct shall be arranged and printed substantially in the manner following: 1. Designating words. At the top of the ballot shall be printed in large capital letters, words designating the ballot, if a Republican ballot, the designating words shall be: "REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and in like manner for each political party. 2. Order of Names, Directions to Voters, etc. Beginning not less than one inch below designating words, the name of each office to be filled shall be printed in capital letters. Such names may be printed on the ballot either in a single column or in 2 or more columns and in the following order, to-wit: President of the United States, State offices, congressional offices, delegates and alternate delegates to be elected from the State at large to National nominating conventions, delegates and alternate delegates to be elected from congressional districts to National nominating conventions, member or members of the State central committee, trustees of sanitary districts, county offices, judicial officers, city, village and incorporated town offices, town offices, or of such of the said offices as candidates are to be nominated for at such primary, and precinct, township or ward committeemen. If two or more columns are used, the foregoing offices to and including member of the State central committee shall be listed in the left-hand column and Senatorial offices, as defined in Section 8-3, shall be the first offices listed in the second column. Below the name of each office shall be printed in small letters the directions to voters: "Vote for one"; "Vote for two"; "Vote for three"; or a spelled number designating how many persons under that head are to be voted for. Next to the name of each candidate for delegate or alternate delegate to a national nominating convention shall appear either (a) the name of the candidate's preference for President of the United States or the word "uncommitted" or (b) no official designation, depending upon the action taken by the State central committee pursuant to Section 7-10.3 of this Act. Below the name of each office shall be printed in capital letters the names of all candidates, arranged in the order in which their petitions for nominations were filed, except as otherwise provided in
49 [May 31, 2002] Sections 7-14 and 7-17 of this Article. Opposite and in front of the name of each candidate shall be printed a square and all squares upon the primary ballot shall be of uniform size. Spaces between the names of candidates under each office shall be uniform and sufficient spaces shall separate the names of candidates for one office from the names of candidates for another office, to avoid confusion and to permit the writing in of the names of other candidates. Where voting machines,
[May 31, 2002] 50 (1) They shall separate and count the ballots of each political party. (2) They shall then proceed to ascertain the number of names entered on the applications for ballot under each party affiliation. (3) If the primary ballots of any political party exceed the number of applications for ballot by voters of such political party, the primary ballots of such political party shall be folded and replaced in the ballot box, the box closed, well shaken and again opened and one of the primary judges, who shall be blindfolded, shall draw out so many of the primary ballots of such political party as shall be equal to such excess. Such excess ballots shall be marked "Excess-Not Counted" and signed by a majority of the judges and shall be placed in the "After 6:00 p.m. Defective Ballots Envelope". The number of excess ballots shall be noted in the remarks section of the Certificate of Results. "Excess" ballots shall not be counted in the total of "defective" ballots; (4) The primary judges shall then proceed to count the primary ballots of each political party separately; and as the primary judges shall open and read the primary ballots, 3 of the judges shall carefully and correctly mark upon separate tally sheets the votes which each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name of the office for which he is a candidate for nomination at the head of such column. Where voting machines,
51 [May 31, 2002] Dated (insert date). ................................... Name Address ................................... Name Address ................................... Name Address ................................... Name Address ................................... Name Address Judges of Primary Where voting machines,
[May 31, 2002] 52 the same make and sign the necessary corrections. Upon acceptance of the materials by the election authority, the judges delivering the same shall take a receipt signed by the election authority and stamped with the time and date of such delivery. The election judges whose duty it is to deliver any materials as above provided shall, in the event such materials cannot be found when needed, on proper request, produce the receipt which they are to take as above provided. The county clerk or board of election commissioners shall deliver a copy of each tally sheet to the county chairmen of the two largest political parties. Where voting machines,
53 [May 31, 2002] Optical Scan Technology voting equipment or Direct Recording Electronic Voting Systems equipment authorized by the State Board of Elections as long as the procedure is not in conflict with
[May 31, 2002] 54 satisfactory evidence thereof, but such persons, if otherwise qualified to vote, shall be permitted to vote at such election without previous registration. All such persons shall also make an affidavit which shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ............... Precinct .......... Ward I, ...., do solemnly swear (or affirm) that I am a citizen of the United States, of the age of 18 years or over, and that within the past 60 days prior to the date of this election at which I am applying to vote, I have been engaged in the .... (military or naval) service of the United States; and I am qualified to vote under and by virtue of the Constitution and laws of the State of Illinois, and that I am a legally qualified voter of this precinct and ward except that I have, because of such service, been unable to register as a voter; that I now reside at .... (insert street and number, if any) in this precinct and ward; that I have maintained a legal residence in this precinct and ward for 30 days and in this State 30 days next preceding this election. ......................... Subscribed and sworn to before me on (insert date). ......................... Judge of Election. The affidavit of any such person shall be supported by the affidavit of a resident and qualified voter of any such precinct and ward, which affidavit shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ........... Precinct ........... Ward I, ...., do solemnly swear (or affirm), that I am a resident of this precinct and ward and entitled to vote at this election; that I am acquainted with .... (name of the applicant); that I verily believe him to be an actual bona fide resident of this precinct and ward and that I verily believe that he or she has maintained a legal residence therein 30 days and in this State 30 days next preceding this election. ......................... Subscribed and sworn to before me on (insert date). ......................... Judge of Election. All affidavits made under the provisions of this Section shall be enclosed in a separate envelope securely sealed, and shall be transmitted with the returns of the elections to the county clerk or to the board of election commissioners, who shall preserve the said affidavits for the period of 6 months, during which period such affidavits shall be deemed public records and shall be freely open to examination as such. (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/17-43) Sec. 17-43. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C of this Code, and the provisions of those Articles
55 [May 31, 2002] Article 24C, or the administrative rules of the State Board of Elections. (Source: P.A. 89-394, eff. 1-1-97.) (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) Sec. 18-5. Questioning of person desiring to vote; receipt of ballots. Any person desiring to vote and whose name is found upon the register of voters by the person having charge thereof, shall then be questioned by one of the judges as to his nativity, his term of residence at present address, precinct, State and United States, his age, whether naturalized and if so the date of naturalization papers and court from which secured, and he shall be asked to state his residence when last previously registered and the date of the election for which he then registered. The judges of elections shall check each application for ballot against the list of voters registered in that precinct to whom absentee ballots have been issued for that election, which shall be provided by the election authority and which list shall be available for inspection by pollwatchers. A voter applying to vote in the precinct on election day whose name appears on the list as having been issued an absentee ballot shall not be permitted to vote in the precinct unless that voter submits to the judges of election
[May 31, 2002] 56 length of time as stated by such person, which shall be subscribed and sworn to in the same way. Whereupon the vote of such person shall be received, and entered as other votes. But such judges, having charge of such registers, shall state in their respective books the facts in such case, and the affidavits, so delivered to the judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter, and in this fashion the ballots shall be handed to the voter by the judge. The voter shall, upon quitting the voting booth, deliver to one of the judges of election all of the ballots, properly folded, which he received. The judge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to the voter are returned by him. If a voter delivers less than all of the ballots given to him, the judge to whom the same are offered shall advise him in a voice clearly audible to the other judges of election that the voter must return the remainder of the ballots. The statement of the judge to the voter shall clearly express the fact that the voter is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them to the judge. In making such statement the judge of election shall not indicate by word, gesture or intonation of voice that the unreturned ballots shall be voted in any particular manner. No new voter shall be permitted to enter the voting booth of a voter who has failed to deliver the total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ballots required to be returned by him. Upon receipt of all such ballots the judges of election shall enter the name of the voter, and his number, as above provided in this section, and the judge to whom the ballots are delivered shall immediately put the ballots into the ballot box. If any voter who has failed to deliver all the ballots received by him refuses to return to the voting booth after being advised by the judge of election as herein provided, the judge shall inform the other judges of such refusal, and thereupon the ballot or ballots returned to the judge shall be deposited in the ballot box, the voter shall be permitted to depart from the polling place, and a new voter shall be permitted to enter the voting booth. The judge of election who receives the ballot or ballots from the voter shall announce the residence and name of such voter in a loud voice. The judge shall put the ballot or ballots received from the voter into the ballot box in the presence of the voter and the judges of election, and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of, the name of the voter, mark "Voted" or the letter "V". No judge of election shall accept from any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any such judge advise such voter in a manner contrary to that which is herein permitted, or in any other manner violate the provisions of this section; provided, that the acceptance by a judge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth after being properly advised by such judge shall not be a violation of this Section. (Source: P.A. 89-653, eff. 8-14-96.) (10 ILCS 5/18-40) Sec. 18-40. Precinct tabulation optical scan technology voting
57 [May 31, 2002] equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C, and the provisions of those Articles
[May 31, 2002] 58 applicant's registration and from the most recent poll list provided by the county clerk, and if the applicant is not listed on that poll list then by telephoning the office of the county clerk. Absentee voting procedures in the office of the municipal, township and road district clerks shall be subject to all of the applicable provisions of this Article 19. Pollwatchers may be appointed to observe in-person absentee voting procedures at the office of the municipal, township or road district clerks' offices where such absentee voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where in-person absentee voting is conducted. Pollwatchers shall be residents of the county and possess valid pollwatcher credentials. All requirements in this Article applicable to election authorities shall apply to the respective local clerks, except where inconsistent with this Section. In election jurisdictions that deliver absentee ballots to the polling place to be counted by the precinct judges on election day, the sealed absentee ballots in their carrier envelope shall be delivered by the respective clerks, or by the election authority on behalf of a clerk if the clerk and the election authority agree, to the proper polling place before the close of the polls on the day of the general primary, consolidated primary, consolidated, or general election. In election jurisdictions that have adopted a Direct Recording Electronic Voting System under Article 24C and that count absentee ballots in the office of the election authority on election day, the sealed absentee ballots in their carrier envelope shall be delivered to the office of the election authority by the respective clerks before the close of the polls on the day of the general primary, consolidated primary, consolidated, or general election. Not more than 23 days before the
59 [May 31, 2002] choose (i) to have the absentee ballots delivered before the closing of the polls to their proper polling places for counting by the precinct judges or (ii) to have the absentee ballots received after 12:00 noon on election day or too late for delivery before the closing of the polls on election day counted in the office of the election authority by one or more panels of election judges appointed in the manner provided for in this Code. (Source: P.A. 81-155.) (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) Sec. 19-8. In election jurisdictions that deliver absentee ballots to the polling place to be counted by the precinct judges, the provisions of this Section shall apply. In case an absent voter's ballot is received by the election authority prior to the delivery of the official ballots to the judges of election of the precinct in which said elector resides, such ballot envelope and application, sealed in the carrier envelope, shall be enclosed in such package and therewith delivered to the judges of such precinct. In case the official ballots for such precinct have been delivered to the judges of election at the time of the receipt by the election authority of such absent voter's ballot, such authority shall immediately enclose said envelope containing the absent voter's ballot, together with his application therefor, in a larger or carrier envelope which shall be securely sealed and addressed on the face to the judges of election, giving the name or number of precinct, street and number of polling place, city or town in which such absent voter is a qualified elector, and the words "This envelope contains an absent voter's ballot and must be opened only on election day at the polls immediately after the polls are closed," mailing the same, postage prepaid, to such judges of election, or if more convenient, such officer may deliver such absent voter's ballot to the judges of election in person or by duly deputized agent, said officer to secure his receipt for delivery of such ballot or ballots. Absent voters' ballots returned by absentee voters to the election authority after the closing of the polls on an election day shall be endorsed by the election authority receiving the same with the day and hour of receipt and shall be safely kept unopened by such election authority for the period of time required for the preservation of ballots used at such election, and shall then, without being opened, be destroyed in like manner as the used ballots of such election. All absent voters' ballots received by the election authority after 12:00 noon on election day or too late for delivery to the proper polling place before the closing of the polls on election day, and Special Write-In Absentee Voter's Blank Ballots, except ballots returned by mail postmarked after midnight preceding the opening of the polls on election day, and all absent voters' ballots in election jurisdictions that use voting systems authorized by Article 24C shall be endorsed by the election authority receiving the same with the day and hour of receipt and shall be counted in the office of the election authority on the day of the election after 7:00 p.m. All absent voters' ballots delivered in error to the wrong precinct polling place shall be returned to the election authority and counted under this provision; however, all absentee ballots received by the election authority by the close of absentee voting in the office of the election authority on the day preceding the day of election shall be delivered to the proper precinct polling places in time to be counted by the judges of election. Such counting shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted. The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision, including comparing the signature on the ballot envelope with the signature of the voter on the permanent voter registration record card taken from the master file; except that votes shall be recorded by
[May 31, 2002] 60 (Source: P.A. 91-357, eff. 7-29-99.) (10 ILCS 5/19-9) (from Ch. 46, par. 19-9) Sec. 19-9. At the close of the regular balloting and at the close of the polls the judges of election of each voting precinct or the panel or panels of judges in the office of the election authority, as the case may be, shall proceed to cast the absent voter's ballot separately, and as each absent voter's ballot is taken shall open the outer or carrier envelope, announce the absent voter's name, and compare the signature upon the application with the signature upon the certification on the ballot envelope and the signature of the voter on the permanent voter registration record card. In case the judges find the certifications properly executed, that the signatures correspond, that the applicant is a duly qualified elector in the precinct and the applicant has not been present and voted within the county where he represents himself to be a qualified elector on such election day, they shall open the envelope containing the absent voter's ballot in such manner as not to deface or destroy the certification thereon, or mark or tear the ballots therein and take out the ballot or ballots therein contained without unfolding or permitting the same to be unfolded or examined, and having endorsed the ballot in like manner as other ballots are required to be endorsed, shall deposit the same in the proper ballot box or boxes and enter the absent voter's name in the poll book the same as if he had been present and voted in person. The judges shall place the absentee ballot certification envelopes in a separate envelope as per the direction of the election authority. Such envelope containing the absentee ballot certification envelopes shall be returned to the election authority and preserved in like manner as the official poll record. In case such signatures do not correspond, or that the applicant is not a duly qualified elector in such precinct or that the ballot envelope is open or has been opened and resealed, or that said voter is present and has voted within the county where he represents himself to be a qualified elector on the day of such election at such election such previously cast vote shall not be allowed, but without opening the absent voter's envelope the judge of such election shall mark across the face thereof, "Rejected", giving the reason therefor. In case the ballot envelope contains more than one ballot of any kind, said ballots shall not be counted, but shall be marked "Rejected", giving the reason therefor. The absent voters' envelopes and affidavits and the absent voters' envelope with its contents unopened, when such absent vote is rejected shall be retained and preserved in the manner as now provided for the retention and preservation of official ballots rejected at such election. As applied to an absentee ballot of a permanently disabled voter who has complied with Section 19-12.1, the word "certification" as used in this Section shall be construed to refer to the unsworn statement subscribed to by the voter pursuant to Section 19-12.1. (Source: P.A. 87-1052.) (10 ILCS 5/19-10) (from Ch. 46, par. 19-10) Sec. 19-10. Pollwatchers may be appointed to observe in-person absentee voting procedures at the office of the election authority as well as at municipal, township or road district clerks' offices where such absentee voting is conducted. Such pollwatchers shall qualify and be appointed in the same manner as provided in Sections 7-34 and 17-23, except each candidate, political party or organization of citizens may appoint only one pollwatcher for each location where in-person absentee voting is conducted. Pollwatchers shall be residents of the county and possess valid pollwatcher credentials. In the polling place on election day, pollwatchers shall be permitted to be present during the casting of the absent voters' ballots and the vote of any absent voter may be challenged for cause the same as if he were present and voted in person, and the judges of the election or a majority thereof shall have power and authority to hear and determine the legality of such ballot; Provided, however, that if a challenge to any absent voter's right to vote is sustained, notice
61 [May 31, 2002] of the same must be given by the judges of election by mail addressed to the voter's place of residence. Where
[May 31, 2002] 62 place on the day of election and shall announce such procedure in the 30 day notice heretofore prescribed. The judges of election shall also report to the election authority the name of any applicant in the facility who, due to unforeseen circumstance or condition or because of a religious holiday, was unable to vote. In this event, the election authority may appoint a qualified person from his or its staff to deliver the ballot to such applicant on the day of election. This staff person shall follow the same procedures prescribed for judges conducting absentee voting in such facilities; but shall return the ballot to the proper precinct polling place before the polls close. However, if the facility from which the application was made is also used as a regular precinct polling place for that voter, voting procedures heretofore prescribed may be implemented by 2 of the election judges of opposite party affiliation assigned to that polling place during the hours of voting on the day of the election. Judges of election shall be compensated not less than $25.00 for conducting absentee voting in such facilities. Not less than 120 days before each regular election, the Department of Public Health shall certify to the State Board of Elections a list of the facilities licensed or certified pursuant to the Nursing Home Care Act, and shall indicate the approved bed capacity and the name of the chief administrative officer of each such facility, and the State Board of Elections shall certify the same to the appropriate election authority within 20 days thereafter. (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.) (10 ILCS 5/19-15) Sec. 19-15. Precinct tabulation optical scan technology voting equipment and direct recording electronic voting systems equipment. If the election authority has adopted the use of Precinct Tabulation Optical Scan Technology voting equipment pursuant to Article 24B of this Code or Direct Recording Electronic Voting Systems equipment under Article 24C, and the provisions of those Articles
63 [May 31, 2002] polling place or (ii) to the office of the election authority before the closing of the polls in those jurisdictions that have adopted a Direct Recording Electronic Voting System under Article 24C and that count absentee ballots in the office of the election authority. (Source: P.A. 86-875.) (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1) Sec. 20-2.1. Citizens of the United States temporarily residing outside the territorial limits of the United States who are not registered but otherwise qualified to vote and who expect to be absent from their county of residence during the periods of voter registration provided for in Articles 4, 5 or 6 of this Code and on the day of holding any election, may make simultaneous application to the election authority having jurisdiction over their precinct of residence for an absentee registration and absentee ballot not less than 30 days before the election. Such application may be made on the official postcard or on a form furnished by the election authority as prescribed by Section 20-3 of this Article. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot. Registration shall be required in order to vote pursuant to this Section. However, if the election authority receives one of such applications after 30 days but not less than 10 days before a Federal election, said applicant shall be sent a ballot containing the Federal offices only and registration for that election shall be waived. Ballots under this Section shall be mailed by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Ballots under this Section must be returned
[May 31, 2002] 64 Recording Electronic Voting System under Article 24C and that count absentee ballots in the office of the election authority. (Source: P.A. 86-875.) (10 ILCS 5/20-7) (from Ch. 46, par. 20-7) Sec. 20-7. Upon receipt of such absent voter's ballot, the officer or officers above described shall forthwith enclose the same unopened, together with the application made by said absent voter in a large or carrier envelope which shall be securely sealed and endorsed with the name and official title of such officer and the words, "This envelope contains an absent voter's ballot and must be opened on election day," together with the number and description of the precinct in which said ballot is to be voted, and such officer shall thereafter safely keep the same in his office until counted by him as provided in this Article
65 [May 31, 2002] manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted. The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision; except that votes shall be recorded by
[May 31, 2002] 66 govern the procedures followed by the election authority, its judges of elections, and all employees and agents. In following the provisions of Article 24B or Article 24C, the election authority is authorized to develop and implement procedures to fully utilize Precinct Tabulation Optical Scan Technology voting equipment or Direct Recording Electronic Voting Systems equipment authorized by the State Board of Elections as long as the procedure is not in conflict with
67 [May 31, 2002] precinct. "Computer program" or "program" means the set of operating instructions for the automatic or electronic tabulating equipment that examines, records, counts, tabulates, canvasses, and prints votes recorded by a voter on a ballot. "Direct recording electronic voting system", "voting system", or "system" means the combination of equipment and programs that records votes by means of a ballot display provided with mechanical or electro-optical devices that can be activated by the voter, that processes the data by means of a computer program, that records voting data and ballot images in internal memory devices, and that produces a tabulation of the voting data as hard copy or stored in a removable memory device. "Edit listing" means a computer generated listing of the names of each candidate and public question as they appear in the program for each precinct. "In-precinct counting" means the recording and counting of ballots on automatic or electronic tabulating equipment provided by the election authority in the same precinct polling place in which those ballots have been cast. "Separate ballot" means a separate page or display screen of the ballot that is clearly defined and distinguishable from other portions of the ballot. "Voting device" or "voting machine" means a Direct Recording Voting System apparatus. (10 ILCS 5/24C-3 new) Sec. 24C-3. Adoption, experimentation, or abandonment of Direct Recording Electronic Voting System; boundaries of precincts; notice. Any county board or board of county commissioners, with respect to territory within its jurisdiction, may adopt, experiment with, or abandon a Direct Recording Electronic Voting System approved for use by the State Board of Elections and may use the system in all or some of the precincts within its jurisdiction, or in combination with punch cards, paper ballots, or ballot sheets. In no case may a county board, board of county commissioners, or board of election commissioners contract or arrange for the purchase, lease, or loan of a Direct Recording Electronic Voting System or system component without the approval of the State Board of Elections as provided by Section 24C-16. The county board and board of county commissioners of each county having a population of 40,000 or more, with respect to all elections for which an election authority is charged with the duty of providing materials and supplies, must provide either a Direct Recording Electronic Voting System approved for use by the State Board of Elections under this Article or voting systems under Article 24, Article 24A, or Article 24B for each precinct for all elections, except as provided in Section 24-1.2. For purposes of this Section "population" does not include persons prohibited from voting by Section 3-5 of this Code. Before any Direct Recording Electronic Voting System is introduced, adopted, or used in any precinct or territory, at least 2 months public notice must be given before the date of the first election when the system is to be used. The election authority shall publish the notice at least once in one or more newspapers published within the county, or other jurisdiction, where the election is held. If there is no such newspaper, the notice shall be published in a newspaper published in the county and having a general circulation within the jurisdiction. The notice shall be substantially as follows: "Notice is hereby given that on (give date), at (insert place where election is held) in the county of (insert county) an election will be held for (insert name of offices to be filled) at which a Direct Recording Electronic Voting System will be used." Dated at ... (insert date)" This notice referred to shall be given only at the first election at which the Direct Recording Electronic Voting System is used. (10 ILCS 5/24C-3.1 new) Sec. 24C-3.1. Retention, consolidation, or alteration of existing
[May 31, 2002] 68 precincts; change of location. When a Direct Recording Electronic Voting System is used, the county board or board of election commissioners may retain existing precincts or may consolidate, combine, alter, decrease, or enlarge the boundaries of the precincts to change the number of registered voters of the precincts using the system, establishing the number of registered voters within each precinct at a number not to exceed 800 as the appropriate county board or board of election commissioners determines will afford adequate voting facilities and efficient and economical elections. Except in the event of a fire, flood, or total loss of heat in a place fixed or established pursuant to law by any county board or board of election commissioners as a polling place for an election, no election authority shall change the location of a polling place established for any precinct after notice of the place of holding the election for that precinct has been given as required under Article 12, unless the election authority notifies all registered voters in the precinct of the change in location by first class mail in sufficient time for the notice to be received by the registered voters in the precinct at least one day prior to the date of the election. (10 ILCS 5/24C-4 new) Sec. 24C-4. Use of Direct Recording Electronic Voting System; requisites; applicable procedure. Direct Recording Electronic Voting Systems may be used in elections provided that the systems enable the voter to cast a vote for all offices and on all public questions for which he or she is entitled to vote, and that the systems are approved for use by the State Board of Elections. So far as applicable, the procedure provided for voting paper ballots shall apply when Direct Recording Electronic Voting Systems are used. The provisions of this Article 24C will govern when there are conflicts. (10 ILCS 5/24C-5 new) Sec. 24C-5. Voting booths. In precincts where a Direct Recording Electronic Voting System is used, a sufficient number of voting booths shall be provided for the use of the system according to the requirements determined by the State Board of Elections. Each booth shall be placed so that the entrance to each booth faces a wall in a manner that no judge of election or pollwatcher is able to observe a voter casting a ballot. (10 ILCS 5/24C-5.1 new) Sec. 24C-5.1. Instruction of voters. Before entering the voting booth each voter shall be offered instruction in using the Direct Recording Electronic Voting System. In instructing voters, no election judge may show partiality to any political party or candidate. The duties of instruction shall be discharged by a judge from each of the political parties represented and they shall alternate serving as instructor so that each judge shall serve a like time at those duties. No instructions may be given after the voter has entered the voting booth. No election judge or person assisting a voter may in any manner request, suggest, or seek to persuade or induce any voter to cast his or her vote for any particular ticket, candidate, amendment, question, or proposition. All instructions shall be given by election judges in a manner that it may be observed by other persons in the polling place. (10 ILCS 5/24C-5.2 new) Sec. 24C-5.2. Demonstration of Direct Recording Electronic Voting System; placement in public library. When a Direct Recording Electronic Voting System is to be used in a forthcoming election, the election authority may provide, for the purpose of instructing voters in the election, one demonstrator Direct Recording Electronic Voting System unit for placement in any public library within the political subdivision where the election occurs. If the placement of a demonstrator takes place it shall be made available at least 30 days before the election. (10 ILCS 5/24C-6 new) Sec. 24C-6. Ballot information; arrangement; absentee ballots; spoiled ballots. The ballot information shall, as far as practicable,
69 [May 31, 2002] be in the order of arrangement provided for paper ballots, except that the information may be in vertical or horizontal rows or on a number of separate pages or display screens. All public questions, including but not limited to public questions calling for a constitutional convention, constitutional amendment, or judicial retention, shall be placed on the ballot separate and apart from candidates. Ballots for all public questions shall be clearly designated pursuant to administrative rule of the State Board of Elections. More than one amendment to the constitution may be placed on the same portion of the ballot screen. Constitutional convention or constitutional amendment propositions shall precede all candidates and other propositions and shall be placed on a separate portion of the ballot and designated by borders or unique color screens, unless otherwise provided by administrative rule of the State Board of Elections. More than one public question may be placed on the same portion of the ballot. Judicial retention propositions shall be placed on a separate portion of the ballot designated pursuant to administrative rule of the State Board of Elections. More than one proposition for retention of judges in office may be placed on the same portion of the ballot. The party affiliation, if any, of each candidate or the word "independent", where applicable, shall appear near or under the candidate's name, and the names of candidates for the same office shall be listed vertically under the title of that office. In the case of nonpartisan elections for officers of political subdivisions, unless the statute or an ordinance adopted pursuant to Article VII of the Illinois Constitution requires otherwise, the listing of nonpartisan candidates shall not include any party or "independent" designation. In primary elections, a separate ballot, shall be used for each political party holding a primary, with the ballot arranged to include names of the candidates of the party and public questions and other propositions to be voted upon on the day of the primary election. If the ballot includes both candidates for office and public questions or propositions to be voted on, the election official in charge of the election shall divide the ballot in sections for "Candidates" and "Public Questions", or separate ballots may be used. Any voter who spoils his or her ballot or makes an error shall be provided a means of correcting the ballot or obtaining a new ballot prior to casting his or her ballot. (10 ILCS 5/24C-6.1 new) Sec. 24C-6.1. Security designation. In all elections conducted under this Article, ballots shall have a security designation. In precincts where more than one ballot configuration may be voted upon, ballots shall have a different security designation for each ballot configuration. If a precinct has only one possible ballot configuration, the ballots must have a security designation to identify the precinct and the election. Where ballots from more than one precinct are being tabulated, the ballots from each precinct must be clearly identified; official results shall not be generated unless the precinct identification for any precinct corresponds. The Direct Recording Electronic Voting System shall be designed to ensure that the proper ballot is selected for each polling place and that the format can be matched to the software or firmware required to interpret it correctly. The system shall provide a means of programming each piece of equipment to reflect the ballot requirements of the election and shall include a means for validating the correctness of the program and of the program's installation in the equipment or in a programmable memory device. (10 ILCS 5/24C-7 new) Sec. 24C-7. Write-in ballots. Pursuant to administrative rule of the State Board of Elections, a Direct Recording Electronic Voting System shall provide an acceptable method for a voter to vote for a person whose name does not appear on the ballot using the same Direct Recording Electronic Voting System used to record votes for candidates whose name do appear on the ballot. (10 ILCS 5/24C-8 new)
[May 31, 2002] 70 Sec. 24C-8. Preparation for use; comparison of ballots; operational checks of Direct Recording Electronic Voting Systems equipment; pollwatchers. The election authority shall cause the approved Direct Recording Electronic Voting System equipment to be delivered to the polling places. Before the opening of the polls, all Direct Recording Electronic Voting System devices shall provide a printed record of the following, upon verification of the authenticity of the commands by a judge of election: the election's identification data, the equipment's unit identification, the ballot's format identification, the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, all ballot fields that can be used to invoke special voting options, and other information needed to ensure the readiness of the equipment, and to accommodate administrative reporting requirements. The Direct Recording Electronic Voting System shall provide a means for the election judges to open the polling place and ready the equipment for the casting of ballots. Those means shall incorporate a security seal, a password, or a data code recognition capability to prevent inadvertent or unauthorized actuation of the poll-opening function. If more than one step is required, it shall enforce their execution in the proper sequence. Pollwatchers, as provided by law, shall be permitted to closely observe the judges in these procedures and to periodically inspect the Direct Recording Electronic Voting System equipment when not in use by the voters. (10 ILCS 5/24C-9 new) Sec. 24C-9. Testing of Direct Recording Electronic Voting System equipment and programs; custody of programs, test materials, and ballots. Prior to the public test, the election authority shall conduct an errorless pre-test of the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly detect voting defects and count the votes cast for all offices and all public questions. On any day not less than 5 days prior to the election day, the election authority shall publicly test the Direct Recording Electronic Voting System equipment and programs to determine that they will correctly count the votes cast for all offices and on all public questions. Public notice of the time and place of the test shall be given at least 48 hours before the test by publishing the notice in one or more newspapers within the election jurisdiction of the election authority, if a newspaper is published in that jurisdiction. If a newspaper is not published in that jurisdiction, notice shall be published in a newspaper of general circulation in that jurisdiction. Timely written notice stating the date, time, and location of the public test shall also be provided to the State Board of Elections. The test shall be open to representatives of the political parties, the press, representatives of the State Board of Elections, and the public. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots having votes exceeding the number allowed by law to test the ability of the electronic tabulating equipment to reject the votes. The test shall also include producing an edit listing. The State Board of Elections may select as many election jurisdictions that the Board deems advisable in the interests of the election process of this State to order a special test of the electronic tabulating equipment and program before any regular election. The Board may order a special test in any election jurisdiction where, during the preceding 12 months, computer programming errors or other errors in the use of the system resulted in vote tabulation errors. Not less than 30 days before any election, the State Board of Elections shall provide written notice to those selected jurisdictions of its intent to conduct a test. Within 5 days of receipt of the State Board of Elections' written notice of intent to conduct a test, the selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen
71 [May 31, 2002] ballots. The State Board of Elections' tests shall be conducted and completed not less than 2 days before the public test using testing materials supplied by the Board and under the supervision of the Board, and the Board shall reimburse the election authority for the reasonable cost of computer time required to conduct the special test. After an errorless test, materials used in the public test, including the program, if appropriate, shall be sealed and remain sealed until the test is run again on election day. If any error is detected, the cause of the error shall be determined and corrected, and an errorless public test shall be made before the automatic tabulating equipment is approved. Each election authority shall file a sealed copy of each tested program to be used within its jurisdiction at an election with the State Board of Elections before the election. The Board shall secure the program or programs of each election jurisdiction so filed in its office for the 60 days following the canvass and proclamation of election results. At the expiration of that time, if no election contest or appeal is pending in an election jurisdiction, the Board shall return the sealed program or programs to the election authority of the jurisdiction. After the completion of the count, the test shall be re-run using the same program. Immediately after the re-run, all material used in testing the program and the programs shall be sealed and retained under the custody of the election authority for a period of 60 days. At the expiration of that time the election authority shall destroy the voted ballots, together with all unused ballots returned from the precincts, provided, that if any contest of election is pending at the time in which the ballots may be required as evidence and the election authority has notice of the contest, the ballots shall not be destroyed until after the contest is finally determined. If the use of back-up equipment becomes necessary, the same testing required for the original equipment shall be conducted. (10 ILCS 5/24C-10 new) Sec. 24C-10. Recording of votes by Direct Recording Electronic Voting Systems. Whenever a Direct Recording Electronic Voting System is used to electronically record and count the votes of ballots, the provisions of this Section shall apply. A voter shall cast a proper vote on a ballot pursuant to the instructions provided on the screen or labels. (10 ILCS 5/24C-11 new) Sec. 24C-11. Functional requirements. The functional requirements of a Direct Recording Electronic Voting System shall be specified by the administrative rules of the State Board of Elections. (10 ILCS 5/24C-12 new) Sec. 24C-12. Procedures for counting and tallying of ballots. In an election jurisdiction where a Direct Recording Electronic Voting System is used, the procedures in this Section for counting and tallying the ballots shall apply. Before the opening of the polls, the judges of elections shall assemble the voting equipment and devices and turn the equipment on. The judges shall, if necessary, take steps to actuate the voting devices and counting equipment by inserting into the equipment and voting devices appropriate electronic media containing passwords and data codes that will select the proper ballot formats for that polling place and that will prevent inadvertent or unauthorized actuation of the poll-opening function. Before voting begins and before ballots are entered into the voting devices, the judges of election shall cause to be printed a record of the following: (i) the election's identification data, (ii) the device's unit identification, (iii) the ballot's format identification, (iv) the contents of each active candidate register by office and of each active public question register showing that they contain all zeros, (v) all ballot fields that can be used to invoke special voting options, and (vi) other information needed to ensure the readiness of the equipment and to accommodate administrative reporting requirements. The judges must also check to be sure that the totals are all zeros in the counting columns and in the public counter affixed to the voting devices. After the judges have determined that a person is qualified to
[May 31, 2002] 72 vote, the judges shall enable a voting device to be used by the voter and the proper ballot to which the voter is entitled shall be selected. The ballot may then be cast by the voter by marking by appropriate means the designated area of the ballot for the casting of a vote for any candidate or for or against any public question. The voter shall be able to vote for any and all candidates and public measures appearing on the ballot in any legal number and combination and the voter shall be able to delete or change his or her selections before the ballot is cast. The voter shall be able to select candidates whose names do not appear upon the ballot for any office by following the instructions provided on the screen or labels as many names of candidates as the voter is entitled to select for each office. Upon completing his or her selection of candidates or public questions, the voter shall signify that voting has been completed by activating the appropriate button, switch, or active area of the ballot screen associated with end of voting. Upon activation, the voting system shall record an image of the completed ballot, shall increment the proper ballot position registers, and shall signify to the voter that the ballot has been cast. The voter shall exit the voting station and the voting system shall prevent any further attempt to vote until it has been re-activated by the judges of election. If the voter fails to cast his or her ballot and leaves the polling place, 2 judges of election, one from each of the 2 major political parties, shall spoil the ballot. Throughout the election day and before the closing of the polls, no person may check any vote totals for any candidate or public question on the voting or counting equipment. The precinct judges of election shall check the public register to determine whether the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the applications for ballot. If the same do not agree, the judges of election shall immediately contact the offices of the election authority in charge of the election for further instructions. If the number of ballots counted by the voting equipment agrees with the number of voters voting as shown by the application for ballot, the number shall be listed on the "Statement of Ballots" form provided by the election authority. The totals for all candidates and propositions shall be tabulated and 4 copies of a "Certificate of Results" shall be printed by the electronic tabulating equipment. In addition, one copy shall be posted in a conspicuous place inside the polling place and every effort shall be made by the judges of election to provide a copy for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots. Additional copies shall be made available to pollwatchers, but in no case shall there be fewer than 4 chosen by lot by the judges of election. In addition, sufficient time shall be provided by the judges of election to the pollwatchers to allow them to copy information from the copy that has been posted. If instructed by the election authority, the judges of election shall cause the tabulated returns to be transmitted electronically to the offices of the election authority via modem or other electronic medium. The precinct judges of election shall select a bi-partisan team of 2 judges, who shall immediately return the ballots in a sealed container, along with all other election materials and equipment as instructed by the election authority; provided, however, that the container must first be sealed by the election judges with filament tape or other approved sealing devices provided for the purpose in a manner that the ballots cannot be removed from the container without breaking the seal or filament tape and disturbing any signatures affixed by the election judges to the container. The election authority shall keep the office of the election authority, or any receiving stations designated by the authority, open for at least 12 consecutive hours after the polls close or until the ballots and election material and equipment, as instructed by the election authority, from all precincts within the jurisdiction of the election
73 [May 31, 2002] authority have been returned to the election authority. Ballots and election materials and equipment returned to the office of the election authority that are not signed and sealed as required by law shall not be accepted by the election authority until the judges returning the ballots make and sign the necessary corrections. Upon acceptance of the ballots and election materials and equipment by the election authority, the judges returning the ballots shall take a receipt signed by the election authority and stamped with the time and date of the return. The election judges whose duty it is to return any ballots and election materials and equipment as provided shall, in the event the ballots, materials, or equipment cannot be found when needed, on proper request, produce the receipt that they are to take as above provided. (10 ILCS 5/24C-13 new) Sec. 24C-13. Counting of absentee ballots. All jurisdictions using Direct Recording Electronic Voting Systems shall count absentee ballots at the office of the election authority. The provisions of Sections 24A-9 and 24B-9 shall apply to the testing and notice requirements for central count tabulation equipment, including comparing the signature on the ballot envelope with the signature of the voter on the permanent voter registration record card taken from the master file; except that votes shall be recorded by precinct. Any election authority using a direct recording electronic voting system shall use voting systems approved for use under Articles 16, 24A, or 24B when conducting absentee voting. The absentee ballots shall be examined and processed pursuant to Sections 19-9 and 20-9. The results shall be recorded by precinct and shall become part of the certificate of results. (10 ILCS 5/24C-14 new) Sec. 24C-14. Tabulating votes; direction; presence of public; computer operator's log and canvass. The procedure for tabulating the votes by the Direct Recording Electronic Voting System shall be under the direction of the election authority and shall conform to the requirements of the Direct Recording Electronic Voting System. During any election-related activity using the Direct Recording Electronic Voting System equipment, the election authority shall dedicate the equipment to vote processing to ensure the security and integrity of the system. A reasonable number of pollwatchers shall be admitted to the counting location. Persons may observe the tabulating process at the discretion of the election authority; however, at least one representative of each established political party and authorized agents of the State Board of Elections shall be permitted to observe this process at all times. No persons except those employed and authorized for the purpose shall touch any ballot, ballot box, return, or equipment. The computer operator shall be designated by the election authority and shall be sworn as a deputy of the election authority. In conducting the vote tabulation and canvass, the computer operator must maintain a log which shall include the following information: (1) alterations made to programs associated with the vote counting process; (2) if applicable, console messages relating to the program and the respective responses made by the operator; (3) the starting time for each precinct counted, the number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and (4) changes and repairs made to the equipment during the vote tabulation and canvass. The computer operator's log and canvass shall be available for public inspection in the office of the election authority for a period of 60 days following the proclamation of election results. A copy of the computer operator's log and the canvass shall be transmitted to the State Board of Elections upon its request and at its expense. (10 ILCS 5/24C-15 new) Sec. 24C-15. Official return of precinct; check of totals; audit.
[May 31, 2002] 74 The precinct return printed by the Direct Recording Electronic Voting System tabulating equipment shall include the number of ballots cast, ballots cast by each political party for a primary election, and votes cast for each candidate and public question and shall constitute the official return of each precinct. In addition to the precinct return, the election authority shall provide the number of applications for ballots in each precinct, the total number of ballots counted in each precinct for each political subdivision and district, and the number of registered voters in each precinct. The election authority shall check the totals shown by the precinct return and, if there is an obvious discrepancy regarding the total number of votes cast in any precinct, shall have the ballots for that precinct audited to correct the return. The procedures for this audit shall apply prior to and after the proclamation is completed; however, after the proclamation of results, the election authority must obtain a court order to unseal voted ballots except for election contests and discovery recounts. The certificate of results, that has been prepared and signed by the judges of election in the polling place and at the election authority's office after the ballots have been tabulated, shall be the document used for the canvass of votes for the precinct. Whenever a discrepancy exists during the canvass of votes between the unofficial results and the certificate of results, or whenever a discrepancy exists during the canvass of votes between the certificate of results and the set of totals reflected on the certificate of results, the ballots for that precinct shall be audited to correct the return. Prior to the proclamation, the election authority shall test the voting devices and equipment in 5% of the precincts within the election jurisdiction. The precincts to be tested shall be selected after election day on a random basis by the State Board of Elections, so that every precinct in the election jurisdiction has an equal mathematical chance of being selected. The test shall be conducted by entering a preaudited group of ballots marked to record a predetermined number of valid votes for each candidate and on each public question, and shall include for each office one or more ballots that have votes in excess of the number allowed by law to test the ability of the equipment to reject those votes. If any error is detected, the cause shall be determined and corrected, and an errorless count shall be made prior to the official canvass and proclamation of election results. The State Board of Elections, the State's Attorney and other appropriate law enforcement agencies, the chairman of the county central committee of each established political party, and qualified civic organizations shall be given prior written notice of the time and place of the test and may be represented at the test. The results of this re-tabulation shall be treated in the same manner and have the same effect as the results of the discovery procedures set forth in Section 22-9.1 of this Code. Upon completion of the test, the election authority shall print a report showing the results of the test and any errors encountered and the report shall be made available for public inspection. (10 ILCS 5/24C-15.01 new) Sec. 24C-15.01. Transporting ballots to central counting station; container. Upon completion of the tabulation, audit, or test of voting equipment, if the election authority so instructs, pursuant to Sections 24C-11 through 24C-15, the voting equipment and ballots from each precinct shall be replaced in the container in which they were transported to the central counting station. If the container is not a type that may be securely locked, then each container, before being transferred from the counting station to storage, shall be sealed with filament tape wrapped around the container lengthwise and crosswise, at least twice each way, and in a manner that the equipment and ballots cannot be removed from the container without breaking the tape. (10 ILCS 5/24C-15.1 new) Sec. 24B-15.1. Discovery recounts and election contests. Discovery recounts and election contests shall be conducted as otherwise provided for in this Code. The Direct Recording Electronic Voting System
75 [May 31, 2002] equipment shall be tested prior to the discovery recount or election contest as provided in Section 24C-9 and then the official ballots shall be audited. The log of the computer operator and all materials retained by the election authority in relation to vote tabulation and canvass shall be made available for any discovery recount or election contest. (10 ILCS 5/24C-16 new) Sec. 24C-16. Approval of Direct Recording Electronic Voting Systems; requisites. The State Board of Elections shall approve all Direct Recording Electronic Voting Systems provided by this Article. No Direct Recording Electronic Voting System shall be approved unless it fulfills the following requirements: (1) It enables a voter to vote in absolute secrecy, except in the case of voters who receive assistance as provided in this Code. (2) It enables each voter to vote at an election for all persons and offices for whom and for which the voter is lawfully entitled to vote, to vote for as many persons for an office as the voter is entitled to vote for, and to vote for or against any public question upon which the voter is entitled to vote, but no other. (3) It will detect and reject all votes for an office or upon a public question when the voter has cast more votes for the office or upon the public question than he or she is entitled to cast; provided, however, that it will inform a voter that the voter's choices as recorded on the ballot for an office or public question exceeds the number that the voter is entitled to vote for on that office or public question and will offer the voter an opportunity to correct the error before rejecting the choices recorded on the voter's ballot. (4) It will enable each voter in primary elections to vote only for the candidates of the political party with which he or she had declared affiliation and preclude the voter from voting for any candidate of any other political party. (5) It enables a voter to vote a split ticket selected in part from the nominees of one party, in part from the nominees of any or all parties, in part from independent candidates, and in part of candidates whose names are written in by the voter. (6) It enables a voter, at a Presidential election, by a single selection to vote for the candidates of a political party for Presidential electors. (7) It will prevent anyone voting for the same person more than once for the same office. (8) It will record and count accurately each vote properly cast for or against any candidate and for or against any public question, including the names of all candidates whose names are written in by the voters. (9) It will be capable of merging the vote tabulation results produced by other vote tabulation systems, if necessary. (10) It will provide a means for sealing and resealing the vote recording devices to prevent their unauthorized use and to prevent tampering with ballot labels. (11) It will be suitably designed for the purpose used, be durably constructed, and be designed for safety, accuracy, and efficiency. (12) It will be designed to accommodate the needs of elderly, handicapped, and disabled voters. (13) It will enable a voter to vote for a person whose name does not appear on the ballot. (14) It will be designed to ensure that vote recording devices or electronic tabulating equipment that count votes at the precinct will not be capable of reporting vote totals before the close of the polls. (15) It will provide a paper audit trail. The State Board of Elections is authorized to withdraw its approval of a Direct Recording Electronic Voting System if the system fails to fulfill the above requirements.
[May 31, 2002] 76 No vendor, person, or other entity may sell, lease, or loan a Direct Recording Electronic Voting System or system component to any election jurisdiction unless the system or system component is first approved by the State Board of Elections pursuant to this Section. The State Board of Elections shall not accept for testing or approval of any system or system component that has not first been evaluated by an independent testing laboratory or laboratories for performance and reliability using the standards that may from time to time be promulgated by the United States Federal Election Commission. When the functional requirements of this Section are in conflict with the standards promulgated by the Federal Election Commission, the standards of the Federal Election Commission shall govern. (10 ILCS 5/24C-17 new) Sec. 24C-17. Rules; number of voting booths. The State Board of Elections may make reasonable rules for the administration of this Article and may prescribe the number of voting booths required for the various types of voting systems. (10 ILCS 5/24C-18 new) Sec. 24C-18. Specimen ballots; publication. When a Direct Recording Electronic Voting System is used, the election authority shall cause to be published, at least 5 days before the day of each general and general primary election, in 2 or more newspapers published in and having a general circulation in the county, a true and legible copy of the specimen ballot containing the names of offices, candidates, and public questions to be voted on, as near as may be, in the form in which they will appear on the official ballot on election day. A true legible copy may be in the form of an actual size ballot and shall be published as required by this Section if distributed in 2 or more newspapers published and having a general circulation in the county as an insert. For each election prescribed in Article 2A of this Code, specimen ballots shall be made available for public distribution and shall be supplied to the judges of election for posting in the polling place on the day of election. Notice for the consolidated primary and consolidated elections shall be given as provided in Article 12. (10 ILCS 5/24C-19 new) Sec. 24C-19. Additional method of voting. This Article shall be deemed to provide a method of voting in addition to the methods otherwise provided in this Code. (10 ILCS 5/24A-20 rep.) Section 10. The Election Code is amended by repealing Section 24A-20.". The foregoing message from the Senate reporting Senate Amendment No. 2 to HOUSE BILL 5647 was placed on the Calendar on the order of Concurrence. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a Second Conference Committee to consider the differences of the two Houses in regard to the Senate amendment to: HOUSE BILL NO. 1640 A bill for AN ACT concerning natural resources. 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: T. Walsh, Sullivan, Bomke; Link and Silverstein. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate
77 [May 31, 2002] 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. 727 A bill for AN ACT in relation to vehicles. 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: Hawkinson, Klemm, Dillard; Cullerton and Obama. Action taken by the Senate, May 31, 2002. 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. 1697 A bill for AN ACT in relation to trusts. House Amendment No. 1 to SENATE BILL NO. 1697. House Amendment No. 2 to SENATE BILL NO. 1697. Action taken by the Senate, May 31, 2002. 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. 1949 A bill for AN ACT concerning guardianship. House Amendment No. 2 to SENATE BILL NO. 1949. Action taken by the Senate, May 31, 2002. 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. 1917 A bill for AN ACT in relation to minors.
[May 31, 2002] 78 House Amendment No. 1 to SENATE BILL NO. 1917. Action taken by the Senate, May 31, 2002. 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. 1934 A bill for AN ACT in relation to civil procedure. House Amendment No. 1 to SENATE BILL NO. 1934. Action taken by the Senate, May 31, 2002. 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. 2164 A bill for AN ACT in relation to vehicles. House Amendment No. 1 to SENATE BILL NO. 2164. Action taken by the Senate, May 31, 2002. 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. 2393 A bill for AN ACT regarding appropriations. House Amendment No. 1 to SENATE BILL NO. 2393. House Amendment No. 2 to SENATE BILL NO. 2393. Action taken by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate A message from the Senate by
79 [May 31, 2002] 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. 5874 Adopted by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5874 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 5874, recommend the following: 1. that the House concur in Senate Amendment No. 1; and 2. that House Bill 5874, AS AMENDED, be further amended as follows: by inserting after the enacting clause the following: "Section 2. The Criminal Code of 1961 is amended by changing Section 11-9.4 as follows: (720 ILCS 5/11-9.4) Sec. 11-9.4. Approaching, contacting, residing, or communicating with a child within certain places
[May 31, 2002] 80 refrains from being present on the premises for the hours during which the programs or services are being offered. (d) Definitions. In this Section: (1) "Child sex offender" means any person who: (i) has been charged under Illinois law, or any substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and: (A) is convicted of such offense or an attempt to commit such offense; or (B) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or (C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or (D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or (E) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or (F) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or (ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or (iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section. (2) Except as otherwise provided in paragraph (2.5), "sex offense" means: (i) A violation of any of the following Sections of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, on a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-9.1 (sexual exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property
81 [May 31, 2002] comprising any school, on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses. (ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses. (iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses. (iv) A violation of any former law of this State substantially equivalent to any offense listed in clause (2)(i) of this subsection (d). (2.5) For the purposes of subsection (b-5) only, a sex offense means: (i) A violation of any of the following Sections of the Criminal Code of 1961: 10-5(b)(10) (child luring), 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses. (ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse). An attempt to commit any of these offenses. (iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim: 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint). An attempt to commit any of these offenses. (iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection. (3) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (2) of this subsection (d) shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section. (4) "Public park" includes a park, forest preserve, or conservation area under the jurisdiction of the State or a unit of
[May 31, 2002] 82 local government. (5) "Facility providing programs or services directed towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18. (6) "Loiter" means: (i) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property. (ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense. (7) "Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation. (e) Sentence. A person who violates this Section is guilty of a Class 4 felony. (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)". Submitted on May 30, 2002. s/Sen. Christine Radogno s/Rep. Mary K. O'Brien s/Sen. Carl E. Hawkinson s/Rep. Barbara Flynn Currie s/Sen. Kirk Dillard s/Rep. James D. Brosnahan s/Sen. John Cullerton s/Rep. Art Tenhouse Sen. Barack Obama s/Rep. Renee Kosel 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. 39 Adopted by the Senate, May 31, 2002. Jim Harry, Secretary of the Senate 92ND GENERAL ASSEMBLY CONFERENCE COMMITTEE REPORT ON SENATE BILL 39 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 39, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 39 be amended by replacing everything after the enacting clause with the following: "Section 5. The Code of Civil Procedure is amended by changing Sections 2-1601 and 12-101 and adding Section 2-1602 as follows: (735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601) Sec. 2-1601. Scire facias abolished. Any relief which heretofore might have been obtained by scire facias may be had by employing a petition filed in the case in which the original judgment was entered in accordance with Section 2-1602
83 [May 31, 2002] (b) A petition to revive a judgment shall be filed in the original case in which the judgment was entered. The petition shall include a statement as to the original date and amount of the judgment, court costs expended, accrued interest, and credits to the judgment, if any. (c) Service of notice of the petition to revive a judgment shall be made in accordance with Supreme Court Rule 106. (d) An order reviving a judgment shall be for the original amount of the judgment. The plaintiff may recover interest and court costs from the date of the original judgment. Credits to the judgment shall be reflected by the plaintiff in supplemental proceedings or execution. (e) If a judgment debtor has filed for protection under the United States Bankruptcy Code and failed to successfully adjudicate and remove a lien filed by a judgment creditor, then the judgment may be revived only as to the property to which a lien attached before the filing of the bankruptcy action. (f) A judgment may be revived as to fewer than all judgment debtors, and such order for revival of judgment shall be final, appealable, and enforceable. (g) This Section does not apply to a child support judgment or to a judgment recovered in an action for damages for an injury described in Section 13-214.1, which need not be revived as provided in this Section and which may be enforced at any time as provided in Section 12-108. (735 ILCS 5/12-101) (from Ch. 110, par. 12-101) Sec. 12-101. Lien of judgment. With respect to the creation of liens on real estate by judgments, all real estate in the State of Illinois is divided into 2 classes. The first class consists of all real property, the title to which is registered under "An Act concerning land titles", approved May 1, 1897, as amended. The second class consists of all real property not registered under "An Act concerning land titles". As to real estate in class one, a judgment is a lien on the real estate of the person against whom it is entered for the same period as in class two, when Section 85 of "An Act concerning land titles", has been complied with. As to real estate included within class two, a judgment is a lien on the real estate of the person against whom it is entered in any county in this State, including the county in which it is entered, only from the time a transcript, certified copy or memorandum of the judgment is filed in the office of the recorder in the county in which the real estate is located. The lien may be foreclosed by an action brought in the name of the judgment creditor or its assignee of record under Article XV in the same manner as a mortgage of real property, except that the redemption period shall be 6 months from the date of sale and the real estate homestead exemption under Section 12-901 shall apply. A judgment resulting from the entry of an order requiring child support payments shall be a lien upon the real estate of the person obligated to make the child support payments, but shall not be enforceable in any county of this State until a transcript, certified copy, or memorandum of the lien is filed in the office of the recorder in the county in which the real estate is located. Any lien hereunder arising out of an order for support shall be a lien only as to and from the time that an installment or payment is due under the terms of the order. Further, the order for support shall not be a lien on real estate to the extent of payments made as evidenced by the records of the Clerk of the Circuit Court or State agency receiving payments pursuant to the order. In the event payments made pursuant to that order are not paid to the Clerk of the Circuit Court or a State agency, then each lien imposed by this Section may be released in the following manner: (a) A Notice of Filing and an affidavit stating that all installments of child support required to be paid pursuant to the order under which the lien or liens were imposed have been paid shall be filed with the office of recorder in each county in which each such lien appears of record, together with proof of service of
[May 31, 2002] 84 such notice and affidavit upon the recipient of such payments. (b) Service of such affidavit shall be by any means authorized under Sections 2-203 and 2-208 of the Code of Civil Procedure or under Supreme Court Rules 11 or 105(b). (c) The Notice of Filing shall set forth the name and address of the judgment debtor and the judgment creditor, the court file number of the order giving rise to the judgment and, in capital letters, the following statement: YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A SATISFACTION OF SUCH JUDGMENT. (d) If no affidavit objecting to the release of the lien or liens is filed within 28 days of the Notice described in paragraph (c) of this Section such lien or liens shall be deemed to be released and no longer subject to foreclosure. A judgment is not a lien on real estate for longer than 7 years from the time it is entered or revived, unless the judgment is revived within 7 years after its entry or last revival and a memorandum of judgment is filed before the expiration of the prior memorandum of judgment. When a judgment is revived it is a lien on the real estate of the person against whom it was entered in any county in this State from the time a transcript, certified copy or memorandum of the order of revival is filed in the office of the recorder in the county in which the real estate is located. A foreign judgment registered pursuant to Sections 12-601 through 12-618 of this Act is a lien upon the real estate of the person against whom it was entered only from the time (1) a certified copy of the verified petition for registration of the foreign judgment or (2) a transcript, certified copy or memorandum of the final judgment of the court of this State entered on that foreign judgment is filed in the office of the recorder in the county in which the real estate is located. However, no such judgment shall be a lien on any real estate registered under "An Act concerning land titles", as amended, until Section 85 of that Act has been complied with. The release of any transcript, certified copy or memorandum of judgment or order of revival which has been recorded shall be filed by the person receiving the release in the office of the recorder in which such judgment or order has been recorded. Such release shall contain in legible letters a statement as follows: FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE OFFICE THE LIEN WAS FILED. The term "memorandum" as used in this Section means a memorandum or copy of the judgment signed by a judge or a copy attested by the clerk of the court entering it and showing the court in which entered, date, amount, number of the case in which it was entered, name of the party in whose favor and name and last known address of the party against whom entered. If the address of the party against whom the judgment was entered is not known, the memorandum or copy of judgment shall so state. The term "memorandum" as used in this Section also means a memorandum or copy of a child support order signed by a judge or a copy attested by the clerk of the court entering it or a copy attested by the administrative body entering it. This Section shall not be construed as showing an intention of the legislature to create a new classification of real estate, but shall be construed as showing an intention of the legislature to continue a classification already existing. (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
85 [May 31, 2002] Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 30, 2002, 2002 s/Sen. Carl E. Hawkinson s/Rep. Louis Lang Sen. Edward Petka s/Rep. Barbara Flynn Currie s/Sen. Kirk Dillard s/Rep. Thomas Dart s/Sen. John J. Cullerton Rep. Art Tenhouse s/Sen. Ira Silverstein s/Rep. Dale Righter Committee for the Senate Committee for the House REPORTS FROM STANDING COMMITTEES Representative Scully, Chairperson, from the Committee on Commerce & Business Development to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 947. The committee roll call vote on HOUSE RESOLUTION 947 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Scully, Chair A Lindner Y Collins Y Miller Y Flowers, V-Chair Y Mulligan A Forby A Osmond, Spkpn Y Hoeft Y Ryan Y Zickus Representative McCarthy, Chairperson, from the Committee on Child Support Enforcement to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 1966. The committee roll call vote on Amendment No. 2 to SENATE BILL 1966 is as follows: 5, Yeas; 1, Nays; 0, Answering Present. N McCarthy, Chair A Curry, Julie Y Bassi Y Hamos A Black Y Lyons, Eileen Y Crotty, V-Chair Y Mitchell, Jerry A O'Brien Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 6 to SENATE BILL 449. Amendment No. 7 to SENATE BILL 2214. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE JOINT RESOLUTION 83. That the resolution be reported "recommends be adopted" and be placed on the House Calendar: SENATE JOINT RESOLUTION 72. The committee roll call vote on Amendment No. 6 to SENATE BILL 449 is as follows: 7, Yeas; 6, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo N Hassert N Beaubien Y Jones, Lou
[May 31, 2002] 86 N Biggins Y McKeon Y Bradley N Pankau Y Bugielski, V-Chair N Poe, Spkpn N Rutherford The committee roll call vote on Amendment No. 7 to SENATE BILL 2214 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford The committee roll call vote on HOUSE JOINT RESOLUTION 83 and SENATE JOINT RESOLUTION 72 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli (Hannig) Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair (Currie) Y Poe, Spkpn Y Rutherford Representative Burke, Chairperson, from the Committee on Executive to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 2212. That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 4090. The committee roll call vote on Amendment No. 2 to SENATE BILL 2212 and Motion to Concur with Senate Amendments No. 1 and 2 to HOUSE BILL 4090 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Burke, Chair Y Capparelli Y Acevedo Y Hassert Y Beaubien Y Jones, Lou Y Biggins Y McKeon Y Bradley Y Pankau Y Bugielski, V-Chair Y Poe, Spkpn Y Rutherford Representative O'Brien, Chairperson, from the Committee on Judiciary II - Criminal Law to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 2 and 3 to HOUSE BILL 5240. Representative Kenner, Chairperson, from the Committee on State Government Administration to which the following were referred, action taken earlier today, and reported the same back with the following recommendations:
87 [May 31, 2002] That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 965. The committee roll call vote on HOUSE RESOLUTION 965 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Kenner, Chair Y Franks Y Collins, V-Chair Y O'Connor, Spkpn Y Forby Y Pankau (Lawfer) Y Fowler Y Righter Y Wirsing Representative Hoffman, Chairperson, from the Committee on Transportation & Motor Vehicles to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the resolution be reported "recommends be adopted" and be placed on the House Calendar: HOUSE RESOLUTION 966. The committee roll call vote on HOUSE RESOLUTION 966 is as follows: 15, Yeas; 0, Nays; 0, Answering Present. Y Hoffman, Chair A Kosel A Bassi Y Lyons, Joseph Y Black Y Mathias Y Brosnahan Y McAuliffe Y Collins A O'Brien, V-Chair Y Fowler A O'Connor A Garrett Y Osterman Y Hamos Y Reitz A Hartke Y Schmitz Y Jones, John Y Wait, Spkpn Y Zickus CONFERENCE COMMITTEE REPORTS SUMBITTED Representative Novak submitted the following First Conference Committee Report on HOUSE BILL 2 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 2 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 2, recommend the following: (1) That the Senate recede from Senate Amendment No. 1; and (2) That House Bill 2 be amended as follows: by replacing everything after the enacting clause with the following: "Section 5. The Alternate Fuels Act is amended by changing Sections 10, 25, 30, 35, 40, and 45 and adding Sections 21, 31, and 32 as follows: (415 ILCS 120/10) Sec. 10. Definitions. As used in this Act: "Agency" means the Environmental Protection Agency. "Alternate fuel" means liquid petroleum gas, natural gas, E85 blend fuel, fuel composed of a minimum 80% ethanol, bio-based methanol, fuels
[May 31, 2002] 88 that are at least 70% derived from biomass, or electricity. "Alternate fuel vehicle" means any vehicle that is operated in Illinois and is capable of using an alternate fuel. "Conventional", when used to modify the word "vehicle", "engine", or "fuel", means gasoline or diesel or any reformulations of those fuels. "Covered Area" means the counties of Cook, DuPage, Kane, Lake, McHenry, and Will and those portions of Grundy County and Kendall County that are included in the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of 1998: 60416, 60444, 60447, 60450, 60481, 60538, and 60543. "Director" means the Director of the Environmental Protection Agency. "Domestic renewable fuel" means a fuel, produced in the United States, composed of a minimum 80% ethanol, bio-based methanol, and fuels derived from bio-mass. "E85 blend fuel" means fuel that contains 85% ethanol and 15% gasoline. "GVWR" means Gross Vehicle Weight Rating. "Location" means (i) a parcel of real property or (ii) multiple, contiguous parcels of real property that are separated by private roadways, public roadways, or private or public rights-of-way and are owned, operated, leased, or under common control of one party. "Original equipment manufacturer" or "OEM" means a manufacturer of alternate fuel vehicles or a manufacturer or remanufacturer of alternate fuel engines used in vehicles greater than 8500 pounds GVWR. "Rental vehicle" means any motor vehicle that is owned or controlled primarily for the purpose of short-term leasing or rental pursuant to a contract. (Source: P.A. 90-726, eff. 8-7-98; 90-797, eff. 12-15-98; 91-357, eff. 7-29-99.) (415 ILCS 120/21 new) Sec. 21. Alternate Fuel Infrastructure Advisory Board. The Governor shall appoint an Alternate Fuel Infrastructure Advisory Board. The Advisory Board shall be chaired by the Director of the Department of Commerce and Community Affairs, who may be represented at all meetings by a designee. Other members appointed by the Governor shall consist of one representative from the ethanol industry, one representative from the natural gas industry, one representative from the auto manufacturing industry, one representative from the liquid petroleum gas industry, one representative from the Agency, one representative from the heavy duty engine manufacturing industry, one representative from Illinois private fleet operators, and one representative of local government from the Chicago nonattainment area. The Advisory Board shall (1) prepare and recommend to the Department of Commerce and Community Affairs a program implementing Section 31 of this Act; (2) determine criteria and procedures to be followed in awarding grants and review applications for grants under the Alternate Fuel Infrastructure Program; and (3) make recommendations to the Department of Commerce and Community Affairs as to the award of grants under the Alternate Fuel Infrastructure Program. Members of the Advisory Board shall not be reimbursed their costs and expenses of participation. All decisions of the Advisory Board shall be decided on a one vote per member basis with a majority of the Advisory Board membership to rule. (415 ILCS 120/25) Sec. 25. Ethanol fuel research program. The Department of Commerce and Community Affairs shall administer a research program to reduce the costs of producing ethanol fuels and increase the viability of ethanol fuels, new ethanol engine technologies, and ethanol refueling infrastructure. This research shall be funded from the Alternate Fuels Fund. The research program shall remain in effect
89 [May 31, 2002] until December 31, 2004
[May 31, 2002] 90 alternate fuel vehicle that runs on domestic renewable fuel. The fuel cost differential shall be based on a 3-year life cycle cost analysis developed by the Agency by rulemaking. The rebate shall apply to and be payable during a consecutive 3-year period commencing on the date the application is approved by the Agency. Approved fuel cost differential rebates may be applied for during calendar years 1997, 1998, 1999, 2000,
91 [May 31, 2002] Commerce and Community Affairs shall be responsible for reviewing the proposals and awarding the grants. Under the grant program, applicants may apply for up to 80% of the total cost of the project. At least 20% of the total cost of the project must be provided by the applicant in cash or material. (415 ILCS 120/32 new) Sec. 32. Clean Fuel Education Program. The Department of Commerce and Community Affairs, in cooperation with the Agency and Chicago Area Clean Cities, shall administer the Clean Fuel Education Program, the purpose of which is to educate fleet administrators and Illinois' citizens about the benefits of using alternate fuels. The program shall include a media campaign. (415 ILCS 120/35) Sec. 35. User fees. (a) During fiscal years 1999, 2000, and 2001,
[May 31, 2002] 92 year, if funds are still available and program costs are still being incurred. (4) Moneys appropriated to fund the programs authorized in Sections 25 and 30 shall be expended only after they have been collected and deposited into the Alternate Fuels Fund. (b) General Revenue Fund Appropriations. General Revenue Fund amounts appropriated to and deposited into the Alternate Fuels Fund shall be distributed from the Alternate Fuels Fund in the following manner: (1) In each of fiscal years 2002, 2003, and 2004, an amount not to exceed $50,000 may be appropriated to the Department of Commerce and Community Affairs from the Alternate Fuels Fund to pay its costs of administering the programs authorized by Sections 31 and 32. (2) In each of fiscal years 2002, 2003, and 2004, an amount not to exceed $50,000 may be appropriated to the Department of Commerce and Community Affairs to fund the programs authorized by Section 32. (3) In each of fiscal years 2002, 2003, and 2004, after appropriation of the amounts authorized in items (1) and (2) of subsection (b) of this Section, the remaining moneys received from the General Revenue Fund shall be appropriated as follows: 52.632% of the remaining moneys shall be appropriated to fund the programs authorized by Sections 25 and 30 and 47.368% of the remaining moneys shall be appropriated to fund the programs authorized by Section 31. The moneys appropriated to fund the programs authorized by Sections 25 and 30 shall be used as follows: 20% shall be used to fund the programs authorized by Sections 25, and 80% shall be used to fund the programs authorized by Section 30. Moneys appropriated to fund the programs authorized in Section 31 shall be expended only after they have been deposited into the Alternate Fuels Fund. (c) Other Funds. Other funds deposited into the Alternate Fuels Fund, including but not limited to State appropriations, contributions, grants, gifts, bequests, legacies of money and securities, or transfers as provided by law from, without limitation, governmental entities, private sources, foundations, trade associations, industry organizations, and not-for-profit organizations, shall be distributed from the Alternate Fuels Fund in the following manner: In each of fiscal years 2002, 2003, and 2004, 50% of such funds shall be appropriated to fund the programs authorized by Section 31, 10% of such funds shall be appropriated to fund the programs authorized by Section 25, and 40% of such funds shall be appropriated to fund the programs authorized by Section 30. (d) Blank.
93 [May 31, 2002]
[May 31, 2002] 94 accountability report shall be designed to assist the Bureau of the Budget in its duties under Sections 2.2 and 2.3 of the Bureau of the Budget Act and shall measure the department's performance based on criteria, goals, and objectives established by the department with the oversight and assistance of the Bureau of the Budget. Each department shall also submit interim progress reports at times designated by the Director of the Bureau of the Budget. (b) (Blank).
95 [May 31, 2002] Law, 20 ILCS 605/605-75) (relating to the Keep Illinois Beautiful program), Section 12-1 of the State Finance Act, and the Gifts and Grants to Government Act
[May 31, 2002] 96 relate to the designation of duties under subsections (b), (c), and (d). If the Governor's designation relates to duties of the Commission on Community Service
97 [May 31, 2002] As soon as practical after the effective date of this amendatory Act of 1995, the Auditor General shall conduct a compliance and management audit of the City of Chicago and any other entity with regard to the operation of Chicago O'Hare International Airport, Chicago Midway Airport and Merrill C. Meigs Field. The audit shall include, but not be limited to, an examination of revenues, expenses, and transfers of funds; purchasing and contracting policies and practices; staffing levels; and hiring practices and procedures. When completed, the audit required by this paragraph shall be distributed in accordance with Section 3-14. The Auditor General shall conduct a financial and compliance and program audit of distributions from the Municipal Economic Development Fund during the immediately preceding calendar year pursuant to Section 8-403.1 of the Public Utilities Act at no cost to the city, village, or incorporated town that received the distributions. The Auditor General must conduct an audit of the Health Facilities Planning Board pursuant to Section 19.5 of the Illinois Health Facilities Planning Act. (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00; 91-935, eff. 6-1-01.) (105 ILCS 40/Act rep.) Section 35. The Illinois Distance Learning Foundation Act is repealed. (20 ILCS 605/605-450 rep.) (20 ILCS 605/605-850 rep.) Section 45. The Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois is amended by repealing Sections 605-450 and 605-850. Section 50. The Illinois Emergency Employment Development Act is amended by changing Sections 2, 5, and 9 as follows: (20 ILCS 630/2) (from Ch. 48, par. 2402) Sec. 2. For the purposes of this Act, the following words have the meanings ascribed to them in this Section. (a) (Blank).
[May 31, 2002] 98 Program created by this Act consisting of temporary work relief projects in nonprofit agencies and new job creation in the private sector. (i) "Service Delivery Area" means that unit or units of local government designated by the Governor pursuant to Title I, Part A, Section 102 of the Job Training Partnership Act (29 USCA et seq.). (j) "Excess unemployed" means the number of unemployed in excess of 6.5% of the service delivery area population. (k) "Private industry council" means governing body of each service delivery area created pursuant to Title I, Section 102 of the Job Training Partnership Act (29 USC 1501 et seq.). (Source: P.A. 84-1399.) (20 ILCS 630/5) (from Ch. 48, par. 2405) Sec. 5. (a) Allocation of funds among eligible job applicants within a service delivery area shall be determined by the Private Industry Council for each such service delivery area. The Private Industry Council shall give priority to (1) applicants living in households with no other income source; and (2) applicants who would otherwise be eligible to receive general assistance. (b) Allocation of funds among eligible employers within each service delivery area shall be determined by the Private Industry Council for each such area according to the priorities which the Director of Commerce and Community Affairs
99 [May 31, 2002] (6) intend to continue the employment of the eligible applicant for at least 6 months of unsubsidized employment. (c) If the eligible employee remains employed for 6 months of unsubsidized employment, his employer may apply for a bonus equal to 1/6 of the subsidy provided to the employer for that employee under this Act. (Source: P.A. 84-1399.) (20 ILCS 630/3 rep.) Section 55. The Illinois Emergency Employment Development Act is amended by repealing Section 3. (20 ILCS 670/Act rep.) Section 85. The Military Base Reuse Advisory Board Act is repealed. (20 ILCS 3990/Act rep.) Section 110. The Illinois Manufacturing Technology Alliance Act is repealed. Section 113. The State Officers and Employees Money Disposition Act is amended by changing Section 1 as follows: (30 ILCS 230/1) (from Ch. 127, par. 170) Sec. 1. Application of Act; exemptions. The officers of the Executive Department of the State Government, the Clerk of the Supreme Court, the Clerks of the Appellate Courts, the Departments of the State government created by the Civil Administrative Code of Illinois, and all other officers, boards, commissions, commissioners, departments, institutions, arms or agencies, or agents of the Executive Department of the State government except the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Cooperative Computer Center, and the Board of Trustees of the Illinois Bank Examiners' Education Foundation for moneys collected pursuant to subsection (11) of Section 48 of the Illinois Banking Act for purposes of the Illinois Bank Examiners' Education Program are subject to this Act. This Act shall not apply, however, to any of the following: (i) the receipt by any such officer of federal funds made available under such conditions as precluded the payment thereof into the State Treasury, (ii) (blank)
[May 31, 2002] 100 Section 114. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by repealing Section 805-310. (30 ILCS 380/Act rep.) Section 115. The State Parks Revenue Bond Act is repealed. (30 ILCS 150/8 rep.) Section 116. The Natural Heritage Fund Act is amended by repealing Section 8. (35 ILCS 505/19 rep.) Section 120. The Motor Fuel Tax Law is amended by repealing Section 19. (70 ILCS 200/Art. 135 rep.) Section 130. The Civic Center Code is amended by repealing Article 135. (70 ILCS 2605/4b rep.) Section 140. The Metropolitan Water Reclamation District Act is amended by repealing Section 4b. (205 ILCS 616/70 rep.) (205 ILCS 616/75 rep.) Section 175. The Electronic Fund Transfer Act is amended by repealing Sections 70 and 75. (205 ILCS 620/1-5.04 rep.) (205 ILCS 620/9-1 rep.) (205 ILCS 620/9-2 rep.) (205 ILCS 620/9-3 rep.) (205 ILCS 620/9-4 rep.) Section 180. The Corporate Fiduciary Act is amended by repealing Sections 1-5.04, 9-1, 9-2, 9-3, and 9-4. (310 ILCS 45/Act rep.) Section 200. The Illinois Mortgage Insurance Fund Act is repealed. (430 ILCS 115/15 rep.) Section 240. The Illinois Manufactured Housing and Mobile Home Safety Act is amended by repealing Section 15. Section 245. The Illinois Corn Marketing Act is amended by changing Sections 6 and 7 as follows: (505 ILCS 40/6) (from Ch. 5, par. 706) Sec. 6.
101 [May 31, 2002]
[May 31, 2002] 102 Sec. 7.
103 [May 31, 2002] may be held for 2 years from the date of the close of such referendum period. (Source: P.A. 85-181.) (605 ILCS 10/3.1 rep.) Section 270. The Toll Highway Act is amended by repealing Section 3.1. (730 ILCS 5/3-6-3.1 rep.) Section 280. The Unified Code of Corrections is amended by repealing Section 3-6-3.1. Section 999. Effective date. This Act takes effect January 1, 2002.". Submitted on May 31, 2002. s/Sen. Tom Walsh s/Rep. Gary Hannig Sen. Dave Sullivan Rep. Barbara Flynn Currie s/Sen. Larry Bomke Rep. Howard Kenner s/Sen. Terry Link s/Rep. Art Tenhouse s/Sen. Ira Silverstein s/Rep. Dan Rutherford Committee for the Senate Committee for the House Representative Rutherford submitted the following Second Conference Committee Report on HOUSE BILL 1640 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY SECOND CONFERENCE COMMITTEE REPORT ON HOUSE BILL 1640 To the President of the Senate and the Speaker of the House of Representatives: We, the second conference committee appointed to consider the differences between the houses in relation to Senate Amendment No. 1 to House Bill 1640, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 1640 be amended as follows: by replacing the title with the following: "AN ACT in relation to State government."; and by replacing everything after the enacting clause with the following: "Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-15 as follows: (15 ILCS 20/50-15) (was 15 ILCS 20/38.2) Sec. 50-15. Department accountability reports
[May 31, 2002] 104 oversight and assistance of the Bureau of the Budget. Each department shall also submit interim progress reports at times designated by the Director of the Bureau of the Budget. (b) (Blank).
105 [May 31, 2002] Illinois University, the Cooperative Computer Center, and the Board of Trustees of the Illinois Bank Examiners' Education Foundation for moneys collected pursuant to subsection (11) of Section 48 of the Illinois Banking Act for purposes of the Illinois Bank Examiners' Education Program are subject to this Act. This Act shall not apply, however, to any of the following: (i) the receipt by any such officer of federal funds made available under such conditions as precluded the payment thereof into the State Treasury, (ii) (blank)
[May 31, 2002] 106 Committee for the Senate Committee for the House CONFERENCE COMMITTEE REPORTS SUBMITTED Representative Durkin submitted the following First Conference Committee Report on HOUSE BILL 5652 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5652 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 5652, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 5652 be amended as follows: on page 1, by inserting between lines 3 and 4 the following: "Section 2. The Criminal Code of 1961 is amended by changing Section 18-5 as follows: (720 ILCS 5/18-5) Sec. 18-5. Aggravated robbery. (a) A person commits aggravated robbery when he or she takes property from the person or presence of another by the use of force or by threatening the imminent use of force while falsely indicating verbally or by his or her actions to the victim that he or she is presently armed with a firearm or other dangerous weapon, including a knife, club, ax, or bludgeon.
107 [May 31, 2002] s/Sen. Ed Petka s/Rep. Lou Lang s/Sen. Robert Molaro s/Rep. Art Tenhouse Sen. Miguel de Valle s/Rep. James Durkin Committee for the Senate Committee for the House Representative Eileen Lyons submitted the following First Conference Committee Report on HOUSE BILL 5996 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 5996 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 5996, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; and (2) that House Bill 5996 be amended by replacing everything after enacting clause with the following: "Section 5. The Child Labor Law is amended by adding Section 2.5 and by changing Section 3 as follows: (820 ILCS 205/2.5 new) Sec. 2.5. Officiating youth activities. Nothing in this Act prohibits a minor who is 12 or 13 years of age from officiating youth sports activities for a not-for-profit youth club, park district, or municipal parks and recreation department if each of the following restrictions is met: (1) The parent or guardian of the minor who is officiating shall be responsible for being present at the youth sports activity while the minor is officiating. Failure of the parent or guardian to be present may result in the revocation of the employment certificate. (2) The employer must obtain certification as provided for in Section 9 of this Act. (3) The minor may work as a sports official for a maximum of 3 hours per day on school days and a maximum of 4 hours per day on non-school days, may not exceed 10 hours of officiating in any week, and may not work later than 9 p.m. (4) The participants in the youth sports activity must be at least 3 years younger than the officiating minor, or an adult must be officiating the same youth sports activity. For the purposes of this subdivision (4), "adult" means an individual 16 years of age or older. (820 ILCS 205/3) (from Ch. 48, par. 31.3) Sec. 3. Except as hereinafter provided, no minor under 16 years of age shall be employed, permitted, or allowed to work in any gainful occupation mentioned in Section 1 of this Act for more than 6 consecutive days in any one week, or more than 48 hours in any one week, or more than 8 hours in any one day, or be so employed, permitted or allowed to work between 7 p.m. and 7 a.m. from Labor Day until June 1 or between 9 p.m. and 7 a.m. from June 1 until Labor Day. The hours of work of minors under the age of 16 years employed outside of school hours shall not exceed 3 a day on days when school is in session, nor shall the combined hours of work outside and in school exceed a total of 8 a day; except that a minor under the age of 16 may work both Saturday and Sunday for not more than 8 hours each day if the
[May 31, 2002] 108 following conditions are met: (1) the minor does not work outside school more than 6 consecutive days in any one week, and (2) the number of hours worked by the minor outside school in any week does not exceed 24. A minor 14 or more years of age who is employed in a recreational or educational activity by a park district, not-for-profit youth club, or municipal parks and recreation department while school is in session may work up to 3 hours per school day twice a week no later than 9 p.m. if the number of hours worked by the minor outside school in any week does not exceed 24 or between 10 p.m. and 7 a.m. during that school district's summer vacation, or if the school district operates on a 12 month basis, the period during which school is not in session for the minor. (Source: P.A. 90-410, eff. 1-1-98.) Section 99. Effective date. This Act takes effect upon becoming law.". Submitted on May 31, 2002. s/Sen. Christine Radogno s/Rep. Art Tenhouse Sen. Chris Lauzen s/Rep. Eileen Lyons Sen. Carl Hawkison s/Rep. Larry McKeon s/Sen. Debbie Halverson s/Rep. Barbara Flynn Currie s/Sen. Ricky Hendron Rep. Steve Davis Committee for the Senate Committee for the House Submitted on May 31, 2002. s/Sen. Laura Kent Donahue s/Rep. Jullie A. Curry s/Sen. William E. Peterson s/Rep. Joseph M. Lyons s/Sen. Bradley Burzinski s/Rep. Barbara Flynn Currie s/Sen. Denny Jacobs s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. Bill Mitchell Committee for the Senate Committee for the House Representative Curry submitted the following First Conference Committee Report on HOUSE BILL 6012 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON HOUSE BILL 6012 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 6012, recommend the following: (1) that the Senate recede from Senate Amendment No. 1; (2) that House Bill 6012 be amended by replacing everything after the enacting clause with the following: "Section 5. The Simplified Municipal Telecommunications Tax Act is amended by adding Section 5-42 as follows: (35 ILCS 636/5-42 new) Sec. 5-42. Procedure for determining proper tax jurisdiction. (a) Tax jurisdiction information provided by a municipality upon written request from a telecommunications retailer. For purposes of this subsection (a), "telecommunications retailer" does not include retailers providing Commercial Mobile Radio Service as the term is used
109 [May 31, 2002] in the Mobile Telecommunications Sourcing Act. (1) A municipality may provide, within 30 days following receipt of a written request from a telecommunications retailer, the following: (A) A list containing each street name, known street name aliases, street address number ranges, applicable directionals, and zip codes associated with each street name, for all street addresses located within the municipality. For a range of street address numbers located within a municipality that consists only of odd or even street numbers, the list must specify whether the street numbers in the range are odd or even. The list shall be alphabetical, except that numbered streets shall be in numerical sequence. (B) A list containing each postal zip code and all the city names associated therewith for all zip codes assigned to geographic areas located entirely within the municipality, including zip codes assigned to rural route boxes; and (C) A sequential list containing all rural route box number ranges and the city names and zip codes associated therewith, for all rural route boxes located within the municipality, except that rural route boxes with postal zip codes entirely within the municipality that are included on the list furnished under paragraph (B) need not be duplicated. (D) The lists shall be printed. If a list is available through another medium, however, the municipality shall, upon request, furnish the list through such medium in addition to or in lieu of the printed lists. The municipality shall be responsible for updating the lists as changes occur and for furnishing this information to all telecommunications retailers affected by the changes. Each update shall specify an effective date, which shall be the next ensuing January 1, April 1, July 1, or October 1; shall be furnished to the telecommunications retailer not less than 60 days prior to the effective date; and shall identify the additions, deletions, and other changes to the preceding version of the list. If the information is received less than 60 days prior to the effective date of the change, the telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the appropriate changes. Nothing in this subsection (a) shall prevent a municipality from providing a telecommunications retailer with the information set forth in this subdivision (a)(1) in the absence of a written request from the telecommunications retailer. (2) The telecommunications retailer shall be responsible for charging the tax to the service addresses contained in the lists requested under subdivision (a)(1) that include all of the elements required by this Section. If a service address is not included in the list or if no list is provided, the telecommunications retailer shall be held harmless from situsing errors provided it uses a reasonable methodology to assign the service address or addresses to a local tax jurisdiction. The telecommunications retailer shall be held harmless for any tax overpayments or underpayments (including penalty or interest) resulting from written information provided by the municipality or, in the case of disputes, the Department. If a municipality is aware of a situsing error in a telecommunications retailer's records, the municipality may file a written notification to the telecommunications retailer at an address specified by the telecommunications retailer describing the street address or addresses that are incorrect and, if known, the affected customer name or names and account number or numbers. If another jurisdiction is claiming the same street address or addresses that are the subject of the notification, the telecommunications retailer must notify the Department as specified in subdivision (a)(3) of this Section, otherwise, the telecommunications retailer shall make such correction to its records within 90 days.
[May 31, 2002] 110 (3) If it is determined from the lists or updates furnished under subdivision (a)(1) that more than one municipality claims the same address or group of addresses, the telecommunications retailer shall notify the Department within 60 days of discovering the discrepancy. After notification and until resolution, the telecommunications retailer will continue its prior tax treatment and will be held harmless for any tax, penalty, and interest in the event the prior tax treatment is wrong. Upon resolution, the Department will notify the telecommunications retailer in a written form describing the resolution. Upon receipt of the resolution, the telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the change. (4) Municipalities shall notify any telecommunications retailer that has previously requested a list under subdivision (a)(1) of this Section of any annexations, de-annexations, or other boundary changes at least 60 days after the effective date of such changes. The notification shall contain each street name, known street name aliases, street address number ranges, applicable directionals, and zip codes associated with each street name, for all street addresses for which a change has occurred. The notice shall be mailed to an address designated by the telecommunications retailer. The telecommunications retailer has until the next ensuing January 1, April 1, July 1, or October 1 to make the changes described in such notification. (b) The safe harbor provisions, Sections 40 and 45 of the Mobile Telecommunications Sourcing Conformity Act, shall apply to any telecommunications retailer electing to employ enhanced zip codes (zip+4) to assign each street address, address range, rural route box, or rural route box range in their service area to a specific municipal tax jurisdiction, except as provided under subdivision (c)(5). A telecommunications retailer shall make its election as prescribed by rules adopted by the Department. (c) Persons who believe that they are improperly being charged a tax imposed under this Act because their service address is assigned to the wrong taxing jurisdiction shall file a written complaint with their telecommunications (mobile or non-mobile) retailer. The written complaint shall include the street address for her or his place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications, the name and address of the telecommunications retailer who is collecting the tax imposed by this Act, the account name and number for which the person seeks a correction of the tax assignment, a description of the error asserted by that person, an estimated amount of tax claimed to have been incorrectly paid, the time period for which that amount of tax applies, and any other information that the telecommunications retailer may reasonably require to process the request. For purposes of this Section, the terms "place of primary use" and "mobile telecommunications service" shall have the same meanings as those terms are defined in the Mobile Telecommunications Sourcing Conformity Act. Within 60 days after receiving the complaint under this subsection (c), the telecommunications retailer shall review its records, the written complaint, any information submitted by the affected municipality or municipalities, and the electronic database, if existing, or enhanced zip code used pursuant to Section 25 or 40 of the Mobile Telecommunications Sourcing Conformity Act to determine the customer's taxing jurisdiction. If this review shows that the amount of tax, assignment of place of primary use or service address, or taxing jurisdiction is in error, the telecommunications retailer shall correct the error and refund or credit the amount of tax erroneously collected from the customer for the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. If this review shows that the amount of tax, assignment of place of primary use or service address, or taxing jurisdiction is correct, the telecommunications retailer shall provide a written explanation to the person from whom the notice was received. (1) If the person is dissatisfied with the response from the
111 [May 31, 2002] telecommunications retailer, the customer may request a written determination from the Department on a form prescribed by the Department. The request shall contain the same information as was provided to the telecommunications retailer. The Department shall review the request for determination and make all reasonable efforts to determine if such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is located within the jurisdictional boundaries of the municipality for which the person is being charged tax under this Act. Upon request by the Department, municipalities that have imposed a tax under this Act shall have 30 days to provide information to the Department regarding such requests for determination via certified mail. (2) Within 90 days after receipt of a request for determination under subdivision (c)(1) of this Section, the Department shall issue a letter of determination to the person stating whether that person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is located within the jurisdictional boundaries of the municipality for which the person is being charged tax under this Act or naming the proper municipality, if different. The Department shall also list in the letter of determination, if the municipality has provided that information to the Department, the Department's findings as to the limit of the jurisdictional boundary (street address range) for the municipality in relation to the street address listed in the request for a letter of determination. A copy of such letter of determination shall be provided by the Department to the telecommunications retailer listed on the request for determination. The copy shall be sent via mail to an address designated by the telecommunications retailer. (3) If the municipality or municipalities fail to respond as set forth in subdivision (c)(1), then the complaining person will no longer be subject to the tax imposed under this Act. The Department shall notify the relevant telecommunications retailer in writing of the automatic determination and also list its findings as to the street address listed in the request for a letter of determination. Upon receipt of the notice of automatic determination, the telecommunications retailer shall correct its records and refund or credit the amount of tax determined to have been paid by such person for the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. A copy of the letter of determination shall be provided by the Department to the telecommunications retailer listed on the request for determination at an address designated by the telecommunications retailer. (4) If the telecommunications retailer receives a copy of the letter of determination from the Department described in subdivision (c)(2) of this Section that states that such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is not located within the jurisdictional boundaries of the municipality for which that person is being charged tax under this Act and that provides the correct tax jurisdiction for the particular street address, the telecommunications retailer shall correct the error and refund or credit the amount of tax determined to have been paid in error by such person up to the period still available for the filing of a claim for credit or refund by the telecommunications retailer under this Act. The telecommunications retailer shall retain such copy of the letter of determination in its books and records and shall be held harmless for any tax, penalty, or interest due as a result of its reliance on such determination. If the Department subsequently receives information that discloses that such service addresses or places of primary use on that street are within the jurisdictional boundaries of a municipality other than the one specified in the previous letter, the Department shall notify the telecommunications retailer and the telecommunications customer in writing that the
[May 31, 2002] 112 telecommunications retailer is to begin collecting tax for a specified municipality on the accounts associated with those service addresses or places of primary use. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after October 1 and prior to January 1 shall be effective the following April 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after January 1 and prior to April 1 shall be effective the following July 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after April 1 and prior to July 1 shall be effective the following October 1. Notification to begin collecting tax on such accounts sent by the Department to the telecommunications retailers on or after July 1 and prior to October 1 shall be effective the following January 1. (5) If the telecommunications retailer receives a copy of the letter of determination from the Department described in subdivisions (c)(2), (c)(3), or (c)(4) of this Section that states that such person's place of primary use for mobile telecommunications service or the service address for non-mobile telecommunications is not located within the jurisdictional boundaries of the municipality for which that person is being charged tax under this Act and the telecommunications retailer fails to correct the error and refund or credit the appropriate amount of tax paid in error within the time period prescribed in subdivisions (c)(3) and (c)(4), the telecommunications retailer shall not be held harmless for any tax, penalty, or interest due the Department as a result of the error. (6) The procedures in this subsection (c) shall be the first course of remedy available to customers seeking correction of assignment of service address, place of primary use, taxing jurisdiction, an amount of tax paid erroneously, or other compensation for taxes, charges, or fees erroneously collected by a telecommunications retailer. No cause of action based upon a dispute arising from these taxes, charges, or fees shall accrue until a customer has reasonably exercised the rights and procedures set forth in this subsection (c). If a customer is not satisfied after exercising the rights and following the procedures set forth in this subsection (c), the customer shall have the normal cause of action available under the law to recover any tax, penalty, or interest from the telecommunications retailer. (d) The provisions of this Section shall not apply to a municipality that directly receives collected tax revenue from a retailer pursuant to subsection (b) of Section 5-40. A municipality that receives tax revenue pursuant to subsection (b) of Section 5-40 for telecommunications other than mobile telecommunications service, as that term is defined in the Mobile Telecommunications Sourcing Conformity Act, shall establish a procedure to remedy the complaints of persons who believe they are being improperly taxed, which should consider the requirements set forth in subsection (c) of this Section. Section 10. The Mobile Telecommunications Sourcing Conformity Act is amended by changing Section 80 as follows: (35 ILCS 638/80) (This Section may contain text from a Public Act with a delayed effective date) Sec. 80. Customers' procedures and remedies for correcting taxes and fees. (a) If a customer believes that he or she is being charged an improper amount of tax or is not subject to a tax imposed under the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications" under this Act, he or she shall follow the
113 [May 31, 2002] procedures outlined in subsection (c) of Section 5-42 of the Simplified Municipal Telecommunications Tax Act. The procedures outlined in subsection (c) of Section 5-42 of the Simplified Municipal Telecommunications Tax Act shall also apply to the home service provider, the Department, and municipalities. (b) Nothing in subsection (a) shall apply to a municipality that directly receives collected tax revenue from a retailer under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications service" under this Act. In lieu of subsection (a), a customer may seek relief under subsection (c) only if a municipality directly receives collected tax revenue from a retailer under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act for a telecommunications service covered by the term "mobile telecommunications service" under this Act. (c) For municipalities covered under subsection (b) of Section 5-40 of the Simplified Municipal Telecommunications Tax Act, if a customer believes that an amount of tax or assignment of place of primary use or taxing jurisdiction included on a billing is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for her or his place of primary use, the account name and number for which the customer seeks a correction of the tax assignment, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days after receiving a notice under this subsection (c)
[May 31, 2002] 114 Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act. Section 99. Effective date. This Act takes effect on July 1, 2002.". Submitted on May 31, 2002, 2002. s/Sen. Laura Kent Donahue s/Rep. Julie Curry s/Sen. William E. Peterson s/Rep. Joseph M. Lyons s/Sen. Bradley Burzynski s/Rep. Barbara Flynn Currie s/Sen. Denny Jacobs s/Rep. Art Tenhouse s/Sen. Barack Obama s/Rep. Bill Mitchell Committee for the Senate Committee for the House Representative Klemm submitted the following First Conference Committee Report on SENATE BILL 727 which was ordered printed and referred to the Committee on Rules: 92ND GENERAL ASSEMBLY FIRST CONFERENCE COMMITTEE REPORT ON SENATE BILL 727 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 727, recommend the following: (1) that the House recede from House Amendment No. 1; and (2) that Senate Bill 727 be amended by replacing everything after the enacting clause with the following: "Section 5. The Illinois Vehicle Code is amended by changing Section 11-501 as follows: (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person shall not drive or be in actual physical control of any vehicle within this State while: (1) the alcohol concentration in the person's blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2; (2) under the influence of alcohol; (3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; (4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; (5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or (6) there is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act,
115 [May 31, 2002] a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act. (b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section. (c) Except as provided under paragraphs (c-3), (c-4), and (d) of this Section, every person convicted of violating this Section or a similar provision of a local ordinance, shall be guilty of a Class A misdemeanor and, in addition to any other criminal or administrative action, for any second conviction of violating this Section or a similar provision of a law of another state or local ordinance committed within 5 years of a previous violation of this Section or a similar provision of a local ordinance shall be mandatorily sentenced to a minimum of 5 days of imprisonment or assigned to a minimum of 30 days of community service as may be determined by the court. Every person convicted of violating this Section or a similar provision of a local ordinance shall be subject to an additional mandatory minimum fine of $500 and an additional mandatory 5 days of community service in a program benefiting children if the person committed a violation of paragraph (a) or a similar provision of a local ordinance while transporting a person under age 16. Every person convicted a second time for violating this Section or a similar provision of a local ordinance within 5 years of a previous violation of this Section or a similar provision of a law of another state or local ordinance shall be subject to an additional mandatory minimum fine of $500 and an additional 10 days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person under age 16. The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (c-1) (1) A person who violates this Section during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 4 felony. (2) A person who violates this Section a third time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 3 felony. (3) A person who violates this Section a fourth or subsequent time during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for a violation of this Section, Section 11-501.1, paragraph (b) of Section 11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of a Class 2 felony. (c-2) (Blank). (c-3) Every person convicted of violating this Section or a similar provision of a local ordinance who had a child under age 16 in the vehicle at the time of the offense shall have his or her punishment under this Act enhanced by 2 days of imprisonment for a first offense, 10 days of imprisonment for a second offense, 30 days of imprisonment for a third offense, and 90 days of imprisonment for a fourth or subsequent offense, in addition to the fine and community service required under subsection (c) and the possible imprisonment required under subsection (d). The imprisonment or assignment under this subsection shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. (c-4) When a person is convicted of violating Section 11-501 of this Code or a similar provision of a local ordinance, the following penalties apply when his or her blood, breath, or urine was .16 or more
[May 31, 2002] 116 based on the definition of blood, breath, or urine units in Section 11-501.2 or when that person is convicted of violating this Section while transporting a child under the age of 16: (1) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a first time, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 100 hours of community service and a minimum fine of $500. (2) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a second time within 10 years, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 2 days of imprisonment and a minimum fine of $1,250. (3) A person who is convicted of violating subsection (a) of Section 11-501 of this Code a third time within 20 years is guilty of a Class 4 felony and, in addition to any other penalty that may be imposed under subsection (c), is subject to a mandatory minimum of 90 days of imprisonment and a minimum fine of $2,500. (4) A person who is convicted of violating this subsection (c-4) a fourth or subsequent time is guilty of a Class 2 felony and, in addition to any other penalty that may be imposed under subsection (c), is not eligible for a sentence of probation or conditional discharge and is subject to a minimum fine of $2,500. (d) (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if: (A) the person committed a violation of this Section, or a similar provision of a law of another state or a local ordinance when the cause of action is the same as or substantially similar to this Section, for the third or subsequent time; (B) the person committed a violation of paragraph (a) while driving a school bus with children on board; (C) the person in committing a violation of paragraph (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries; (D) the person committed a violation of paragraph (a) for a second time and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) of this paragraph (1); or (E) the person, in committing a violation of paragraph (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of paragraph (a) was a proximate cause of the bodily harm. (2) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is a Class 4 felony. For
117 [May 31, 2002] violation of this Section or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem; and as a part of final sentencing shall undergo the imposition of the evaluation recommendations, which shall be carried out and completed in accordance with the rules adopted by the Department of Human Services. Programs providing these evaluations and recommended interventions shall be licensed by the Department of Human Services. The cost of any such evaluation or compliance with the program's recommendation shall be paid for by the person, subject to rules governing indigents as provided for by the Department of Human Services
[May 31, 2002] 118 s/Sen. John Cullerton s/Rep. Art Tenhouse Sen. Barack Oboma s/Rep. Rick Winkel Committee for the Senate Committee for the House AGREED RESOLUTION The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutiones. HOUSE RESOLUTION 990 Offered by Representative Durkin: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate James R. Donoval for his efforts on behalf on Seguin Services; and WHEREAS, Mr. Donoval will be honored at a special event on June 7, 2002, at which a plaque will be unveiled honoring him for his service as President of the Board of Directors of Seguin Services and his outstanding volunteer service to the children and adults of Seguin Services; and he will be recognized by Seguin Services as the Marjorie A. Feeney Volunteer of the Year at the Annual Awards Celebration on June 27, 2002; and WHEREAS, Mr. Donoval was a member of the Seguin Services Board of Directors from February, 1993 through June, 2002, and he served as President of the Board of Directors from July, 1999 through June, 2002; and WHEREAS, During his tenure on the Board, Mr. Donoval was a member of various Board Committees, including the Finance Committee, the Development Committee, the Constitution and By-Laws Committee, and the Nominating Committee; he has greatly assisted Seguin Services in the acquisition of homes and the initiation of services to persons with developmental disabilities; and WHEREAS, Mr. Donoval has been a leader in the tremendous growth of services by Seguin to address the needs of adults and children with disabilities in the local community; he is responsible for the initiation of the "You Hold The Key" project, which is intended to raise funds to provide for the ongoing upkeep, safety, and security of Seguin homes and the people with developmental disabilities residing in those homes; he has been especially helpful in raising funds to support Seguin operations to build a "rainy day" fund, including the establishment of a golf outing, and the support of Seguin through special events and its individual giving program; and WHEREAS, Mr. Donoval received his bachelor's degree in Finance and Management and his law degree from DePaul University in Chicago; he is a Certified Public Accountant; and WHEREAS, Mr. Donoval has worked for Andersen Consulting, served as Director of Budgeting for Northwest Hospital, worked with Arthur Anderson in tax consulting, worked in private practice as an attorney, served as chief legal counsel for the Illinois Liquor Control Commission, and worked in the law offices of Edward R. Vrdolyak, Ltd.; he currently works in the law offices of Brown, Udell, & Pomerantz, Ltd.; and WHEREAS, Mr. Donoval has served as an elected trustee for Morton Community College; he has served in support of the Berwyn-Cicero Council on Aging; and he has served as a member of the Pav YMCA Board of Directors; and WHEREAS, Mr. Donoval received recognition for outstanding service from the National Association of Liquor Administrators in 1993 and he is professionally recognized as an expert in Illinois liquor law; and WHEREAS, Mr. Donoval's exemplary record of service to the community is a great source of pride to his family, including his wife, Sharon Hammer, his mother, Anne Donoval, and his sisters, Carolyn Bennett and Janet DePuy; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate James
119 [May 31, 2002] R. Donoval for his long and distinguished record of volunteer service to the children and adults of Seguin Services; and be it further RESOLVED, That a suitable copy of this resolution be presented to James R. Donoval as an expression of our esteem. HOUSE RESOLUTION 991 Offered by Representative Madigan: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that former State Representative Frank Giglio will be honored for his 35-year career in public service; and WHEREAS, Born in Chicago on November 9, 1933, Frank Giglio earned his bachelor's degree from Governors State University in 1986; he served in the United States Army as Troop Information Officer from 1955 to 1957; in addition, he is a retired Plumbing Contractor who served as a member of Local #130 and a private pilot; and WHEREAS, Frank Giglio began his public service career by representing the people of his area before the Chicago City Council for the purpose of repairing and installing drains in the alleys; after his neighbors urged him to run as Alderman, Mr. Giglio was successfully elected to the Chicago City Council, serving from 1963 to 1965; during his tenure, he led the charge to repair the alleys, install sidewalks, clean the Calumet River, and install streetlights in the community; and WHEREAS, Mr. Giglio served in the Illinois House of Representatives from 1972 until his retirement in 1994; during the late 1980s and until his retirement from the House, he served in Leadership as House Majority Caucus Chairman under Speaker Michael Madigan; and WHEREAS, During his term in the House, Frank Giglio brought in funding for schools, erection of a new Burnham Avenue Bridge, the addition of new streets and repaving of existing streets, new cars for the South Shore, and repair of the Burnham Railroad Crossing; in addition, he fought for the passage of a 10-minute maximum for trains to tie-up railroad crossings; and WHEREAS, Frank Giglio was fondly referred to as the "traveling chef"; his Capitol office was often filled with the aroma of homemade Italian dishes; he served as chef for many of his colleagues and friends in Springfield; and WHEREAS, Representative Giglio would often let lobbyists, who included friends Tom Duffy, Dan Houlihan, and Jim Dudley, take over his office; he was known to often say "the Irish have taken over my office" as he worked from his secretary's desk; and WHEREAS, From 1973 to 2002, Frank Giglio served as Democratic Committeeman for Thornton Township, the largest township in the State of Illinois; he also served as Vice-Chairmen of Cook County Suburban Committeemen; during his tenure, he overturned a predominantly Republican voting block in Thornton Township that had lasted for over 20 years; he successfully supported and helped elect several Democratic candidates for local, township, county, State, and federal offices; he also assisted in obtaining gainful employment in business, industry, and government for over 400 unemployed residents of Thornton Township, supported recreational projects of various organizations and park districts, contributed to various religious and charitable organizations, and maintained a service office to assist residents with problems relating to various governmental entities; and WHEREAS, Frank Giglio has been the recipient of many awards and commendations from civic organizations, including the Lions Club of Illinois, the Illinois Small Businessmen Association, the Motor Vehicles Laws Commission, the Illinois Community College Trustees Association, the Architects Illinois Council, the Illinois Sheriffs' Association, the Chicago South Chamber of Commerce, the South Suburban YMCA, the Chicago Board of Education, Prairie State College, and March of Dimes; in addition, he has received awards from the Central Council Italian Catholic Federation, the Calumet City Fraternal Order of
[May 31, 2002] 120 Police, the Calumet City Civic League, V.F.W. Post #8141, New Hope School, and LARC-Association for Retarded Citizens; he also was the recipient of the Lieutenant Governor's Award for Senior Citizen Achievement; and WHEREAS, Frank Giglio will now have more time to spend at his house in Michigan "rebuilding" his wall (to keep the lake away from his house), repainting the steps, planting more flowers, mowing and watering the grass, and playing golf; and WHEREAS, Family, friends, and the many colleagues of Frank Giglio will celebrate his 35-year public service career at a surprise reception on June 5, 2002; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Frank Giglio on his outstanding career in public service; and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Frank Giglio as an expression of our esteem. HOUSE RESOLUTION 992 Offered by Representative McCarthy: WHEREAS, The members of the Illinois House of Representatives are proud to recognize milestone events in the lives of the citizens of Illinois; and WHEREAS, Many members of St. Michael Parish and numerous well-wishers from around the area will celebrate the 80th birthday of Father Leo J. Lyons on August 17, 2002, with a mass and reception at St. Michael Catholic Church in Orland Park, Illinois; and WHEREAS, Father Leo J. Lyons was born on August 31, 1922, the son of Alice and John Lyons; and WHEREAS, Father Leo J. Lyons was ordained a Roman Catholic priest in 1948; and WHEREAS, Father Leo J. Lyons spent 28 years in the United States Air Force, having attained the rank of Colonel; and WHEREAS, For many years, Father Leo J. Lyons has served as the chaplain of the Reber-Tesmond V.F.W. Post #2604, the chaplain at Brother Rice High School in Chicago, the chaplain of the St. Vincent DePaul Society, and the chaplain of the Bishop Fulton J. Sheen Knights of Columbus Council #10585; and WHEREAS, Father Leo J. Lyons is known as the "Birthday and Anniversary Priest" because of his invitations to the congregation to announce upcoming birthdays and anniversaries, and he regularly offers special prayers for police, fire, and military personnel, including those missing in action; and WHEREAS, Father Leo J. Lyons deserves special recognition for his lifelong devotion to his God and to his country; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we offer our sincere best wishes to Father Leo J. Lyons on this happy occasion and that we wish him continued health and happiness for many years to come; and be it further RESOLVED, That a suitable copy of this resolution be presented to Father Leo J. Lyons as an expression of our esteem. HOUSE RESOLUTION 993 Offered by Representative Novak - O'Brien: WHEREAS, The members of the Illinois House of Representatives are honored to recognize notable accomplishments in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Susan "Toby" Olszewski is the recipient of the 2002 Athena Award, honoring an outstanding area business woman; and WHEREAS, Recognizing community contributions, as well as business leadership, the Athena Award was presented at the Women in Business Seminar sponsored by the Kankakee River Valley Chamber of Commerce,
121 [May 31, 2002] held at Olivet Nazarene University on May 22, 2002; and WHEREAS, Susan Olszewski is the publisher and editor of the Herald-Country Market, as well as the Beverly Review in suburban Chicago; in accepting the Athena Award, she thanked her husband Robert, to whom she has been married for 39 years; the Olszewski's are the proud parents of six children and the grandparents of 11 grandchildren; and WHEREAS, A participant in the Kankakee High School Mentoring Program, Susan Olszewski is a sponsor of Adopt-a-Room, Pledge for Life, and DARE in both Manteno and Bradley; and WHEREAS, Cited for "excellence, creativity and initiative in her business, her profession, and the Kankakee community," Susan Olszewski also received the Rotary District Outstanding Achievement, Illinois Women of Achievement, named the Bradley Bourbonnais Business Person of the Year, and received the Zonta Leadership Award; and WHEREAS, The Athena Award was created in 1982 by the Lansing Regional Chamber of Commerce in Michigan; it recognizes and honors individuals who attain and personify the highest level of professional excellence and celebrates the potential of women as valued members and leaders of their communities; the prize has been given to 3,000 women in 400 cities throughout the United States, Canada, and Russia; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Susan Olszewski on being the recipient of the 2002 Athena Award sponsored by the Kankakee River Valley Chamber of Commerce; and be it further RESOLVED, That a suitable copy of this resolution be presented to Susan Olszewski as an expression of our esteem. HOUSE RESOLUTION 995 Offered by Representative May - Garrett: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dr. JoAnn Desmond is retiring from her duties as Superintendent of North Shore School District 112 at the end of the 2001-2002 school year; and WHEREAS, Dr. Desmond took over the duties of Superintendent of North Shore School District 112 in 1995; she guided the transformation of the recently consolidated Districts 107, 108, and 111 into a highly successful school district; and WHEREAS, Some of Dr. Desmond's other accomplishments include the passage of the referendum that resulted in $60 million in construction projects, increased technology use in the classroom, development of the Dual Language Program in 1996, and elimination of budget deficits leading the district to receive several awards for fiscal management; and WHEREAS, Before her role as Superintendent of North Shore School District 112, Dr. Desmond served as the Superintendent of the Frankfort Community Consolidated School District 157-C; she also worked as Assistant Superintendent of DeKalb School District 428 while she completed her doctoral degree in educational administration at Northern Illinois University; Dr. Desmond earned her master's degree with a specialization in reading and learning disabilities and her bachelor's degree in mathematics and education from Northern Illinois University; and WHEREAS, Dr. JoAnn Desmond resides in Lake Forest with her husband, Terry; they are the parents of two daughters; and WHEREAS, On June 18, 2002, the North Shore School District 112 will hold a Farewell Reception in honor of Dr. Desmond and her outstanding career as Superintendent; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dr. JoAnn Desmond on her retirement as Superintendent of North Shore School District 112 and we wish her well in all of her future endeavors; and
[May 31, 2002] 122 be it further RESOLVED, That a suitable copy of this resolution be presented to Dr. JoAnn Desmond as an expression of our esteem. HOUSE RESOLUTION 996 Offered by Representative Granberg: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Father George Mauck, pastor of St. Mary's Parish in Carlyle, recently celebrated the 25th anniversary of his ordination as a priest surrounded by his family, friends, and fellow parishioners; and WHEREAS, Father Mauck was born on July 6, 1950 to Walter and Aurelia Mauck, Sr., in McLeansboro, Illinois; he is the brother of Carl Mauck and Walter Mauck, Jr.; and WHEREAS, Father Mauck was ordained a transitional deacon on May 4, 1976 in Collegeville, Minnesota; following his diaconate ordination, he served at St. Martin of Tours Parish in Washington Park, Illinois; and WHEREAS, On May 28, 1977, Father George Mauck was ordained a priest, along with Father Tom Stout and Father Tom Miller, for the Diocese of Belleville at St. Peter's Cathedral by Bishop William Cosgrove; and WHEREAS, Following his ordination to the priesthood, Father Mauck served as a religion teacher, an administrator, and a basketball coach at Assumption High School in East St. Louis; in addition, he served Holy Family Parish in Cahokia from 1977 to 1978, St. Regis Parish in East St. Louis from 1978 to 1983, and Sacred Heart Parish in Dupo from 1983 to 1986; in 1986 he was named pastor of St. Joseph parishes in Olney and Stringtown, where he served until 1994; he then attended the fall session of The Center for Continuing Formation in Ministry at Notre Dame University in South Bend, Indiana; and WHEREAS, Father Mauck has served as pastor of St. Mary Parish in Carlyle since December 16, 1994; and WHEREAS, Father Mauck is widely admired and respected despite his association with Harold Monken and Kurt Granberg, the sponsor of this resolution; and WHEREAS, Father Mauck is the "svelte" version of his brother Carl; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Father George Mauck on the celebration of his 25th anniversary of ordination as a priest; and be it further RESOLVED, That a suitable copy of this resolution be presented to Father George Mauck as an expression of our esteem. HOUSE RESOLUTION 998 Offered by Representative McCarthy - Flowers - Colvin: WHEREAS, The members of the Illinois House of Representatives are proud to congratulate the Leo High School track and field team for their outstanding season and 1st place finish at the 2002 IHSA Class A State Finals; and WHEREAS, Leo High School in Chicago was opened in 1926 and named after Pope Leo XIII; the president of Leo High School is Robert Foster and the principal is Peter Doyle; and WHEREAS, Leo High School finished the State Finals with an amazing 85 points, 39 points ahead of 2nd place Harrisburg; team member Ryan Shields finished 1st in the 100 meter, 200 meter, and 400 meter sprints for his 3rd straight year; relay teams also earned 1st place finishes in the 4x100 meters relay and the 4x200 meters relay; and WHEREAS, The track and field team had an outstanding season in 2002 with 1st place finishes at the Downers Grove Invite, the Thornridge Invite, the Springfield Lanphier Invite, the Champaign Centennial Invite, the Chicago Catholic League Outdoor Varsity Conference, and the
123 [May 31, 2002] IHSA Class A State Finals; and WHEREAS, The Leo High School track and field team is managed by Gary Fields and Michael Robinson; the coaches are Edward Adams, Bob Garrett, Brother John O'Keefe, Ed McAllister, Quincy Mills, and Robert Thorns; and WHEREAS, The track and field team consists of 46 excellent athletes, including Chris Allen, Jr., Marcus Anderson, Chris Apata, Cedric Bailey, Stephen Benjamin, Leonard Boyd, Daniel Bronson, Cortez Brown, Mario Bullock, Donte Cummings, George Daniel, Roshad Davis, Michael Douglas, Chris Easley, Marcus Fenner, Gary Fields, Jason Hall, John Hardy, Duane Hazzard, Whitney Holley, Akeem Hunter, Steven Jones, Asante Manning, Patrick McClendon, Dejhan Means, Nelson Miller, Marcel Morgan, Justin Morris, Lonnie Newman, Curshawn Pullen, Demarcus Purham, Winslow Purham, James Rallings, Michael Robinson, Parris Rogers, Ryan Shields, Anthony Stevens, Antwome Topps, Christopher Tyler, Ahmed Watson, Gilbert White, Charles Williams, Elbert Williams, Jimmy Williams, Curtis Wilson, and Michael Wims; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate the Leo High School track and field team for their outstanding season and for their 1st place finish at the 2002 IHSA Class A State Finals; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Leo High School track and field team as an expression of our esteem. HOUSE RESOLUTION 1000 Offered by Representative Kurtz: WHEREAS, The members of the Illinois House of Representatives are honored to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Timothy C. Kelly is retiring from his duties as Superintendent of Cary Community Consolidated School District 26 at the end of the 2001-2002 school year; and WHEREAS, Mr. Kelly has enjoyed a 34-year career in education, 20 of those years as Superintendent of Cary Community Consolidated School District 26; he previously served as a Special Education teacher; and WHEREAS, During his tenure at Cary Community Consolidated School District 26, Mr. Kelly has served as a source of inspiration in the lives of countless numbers of students as well as his professional colleagues; his presence in the district will be sorely missed; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Timothy C. Kelly on his retirement as Superintendent of Cary Community Consolidated School District 26 and we wish him well in all of his future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Timothy C. Kelly as an expression of our esteem. HOUSE RESOLUTION 1001 Offered by Representative Osterman: WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Lazaro Diaz of Chicago, who passed away recently; we wish to extend our condolences to his beloved wife of 36 years, Judy; and WHEREAS, Lazaro Diaz, known affectionately as "Freddie", was born in Cuba in 1935; his sister Delores brought him to the United States, where he joined the Seminary; Mr. Diaz later came to live in Cincinnati, where he joined the United States Army; and WHEREAS, After Mr. Diaz served his country in the Army, he moved to Chicago and studied Mechanical Engineering at the Illinois Institute of Technology; it was there that Mr. Diaz's landlady could not pronounce
[May 31, 2002] 124 his name, so she said, "You look like a Freddy", and from then on he was known as Freddy; and WHEREAS, Mr. Diaz was always very proud of his Cuban heritage and returned to Cuba in 1960 as a reporter for a Skokie newspaper to cover the events of the Cuban Revolution, where he was temporarily detained with many of his former countryman; and WHEREAS, Mr. Diaz was a capable and respected mechanical engineer, who worked for many years for Litton Industries, and later for S&C Electric in Chicago; in the course of his job, Mr. Diaz had the opportunity to travel around the United States and the world and find new friends wherever he went; and WHEREAS, The foundation in Mr. Diaz' life was his 36 years of love, laughter, and marriage to his wife, Judy; after their introduction by friends while Judy was in college, they shared many wonderful moments together; the two shared their love of music, food, laughter, friendship, religion, community, and travel together; always the Latin romantic, Mr. Diaz started each day by saying "I Love You" to his wife; he also felt blessed to share the love of Judy's family; and WHEREAS, Mr. Diaz was active in his community of Edgewater, where he and Judy owned an apartment building at 1344 West Rosedale; Mr. Diaz was always proud of his building and shared friendship, laughter, and many stories with his many neighbors, including his dear friend, the late Kathy Osterman; he also could be seen in the community walking his cherished dogs Drambue, Irish, and Alex; Mr. Diaz brought a smile to those who knew him; and WHEREAS, Mr. Diaz in 1992 had a quadruple bypass, and a month of recovery, and thus had a new lease of life; from this event Mr. Diaz renewed his faith in the church and he and his wife, Judy, took a more active role in St. Gertrude Parish in Edgewater; their activity in the church furthered their ability to share their faith and friendship with neighbors and parishioners; and WHEREAS, Mr. Diaz had a kind word and a smile for everyone he met and shared his love of life with his wife Judy, family, and friends; those that shared his friendship will deeply miss this wonderful man and remember his big heart and kindness; and WHEREAS, Mr. Diaz will be deeply missed by all those who knew and loved him, especially his wife, Judy, her family, and his many friends and neighbors; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn, along with all who knew him, the death of Lazaro Diaz of Chicago, Illinois; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Lazaro Diaz as an expression of our esteem. HOUSE RESOLUTION 1002 Offered by Representative Osterman: WHEREAS, The Illinois House of Representatives would like to congratulate Daniel Joyce, of Chicago, for his brave and quick action of May 18th, when he quickly alerted White House security officers and the United States Secret Service about the presence of an individual who, unbeknownst to White House guards, illegally jumped over the White House fence and charged up the White House lawn, where he was subsequently arrested; and WHEREAS, Mr. Joyce heeded the call of President George W. Bush, who in the wake of the tragic terrorist events of September 11th, called on citizens of the United States for extreme vigilance against the illegal acts and threats to national security; and WHEREAS, Mr. Joyce was in our nation's capital with his family on the weekend of May 19th to celebrate the graduation of his daughter, Peggy Elizabeth, who graduated Magna Cum Laude, from Georgetown University Law School; and WHEREAS, Mr. Joyce visited the White House at 1600 Pennsylvania Boulevard with his family on Saturday, May 18th, and was in the front of the White House with his daughter Peggy in the afternoon; and
125 [May 31, 2002] WHEREAS, While enjoying the view of the President's home, Mr. Joyce took notice of a suspicious man who was leaning on the fence to the front lawn of the White House; Mr. Joyce keenly kept an eye on this individual, who was 25 yards away from a White House Security Guard house leading to the White House; to the shock of Mr. Joyce, his daughter Peggy, and many bystanders, the suspicious individual lifted himself up over the White House fence and onto the White House lawn; and WHEREAS, Upon seeing this individual jump over the White House fence, Mr. Joyce leaped into action; as the individual began walking up the White House lawn, Mr. Joyce quickly evaluated the situation and ran to the White House Security Guard house, yelling as he ran, and immediately notified the White House Guards and Secret Service Officers about the intruder; and WHEREAS, The White House Security Guards and Secret Service Agents, upon being notified by Mr. Joyce, immediately charged toward the man and quickly detained and arrested the intruder; the arresting officers and guards then thanked Mr. Joyce for his quick and valuable assistance; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Daniel Joyce for his brave and alert action in notifying White House Security Guards and Secret Service Agents about an intruder to the White House lawn, and are grateful for his action on behalf of his country that may have prevented an illegal act at the White House of the United States; and be it further RESOLVED, That a suitable copy of this resolution be presented to Daniel Joyce as an expression of our esteem. SENATE BILLS ON SECOND READING Having been read by title a second time on May 21, 2002 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 2069. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Miller, SENATE BILL 2069 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 2) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. RESOLUTIONS Having been reported out of the Committee on Executive earlier today, HOUSE JOINT RESOLUTION 83 was taken up for consideration. Representative Madigan moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. SENATE BILLS ON SECOND READING
[May 31, 2002] 126 SENATE BILL 2216. Having been read by title a second time on May 21, 2002, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 2216 AMENDMENT NO. 1. Amend Senate Bill 2216 on page 1, line 12, by changing "$2,000,000,001" to "$2,200,000,000"; and on page 1, line 28, by changing "$5,400,000,001" to "$6,200,000,000". Floor Amendment No. 2 lost in the Committee on Executive. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Tenhouse, SENATE BILL 2216 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. RESOLUTIONS Having been reported out of the Committee on Executive on February 22, 2002, HOUSE JOINT RESOLUTION 7 was taken up for consideration. The following Amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO HOUSE JOINT RESOLUTION 7 AMENDMENT NO. 1. Amend House Joint Resolution 7 by replacing everything after the title with the following: "WHEREAS, Throughout history brave Americans have shed their blood during wars and conflicts to preserve, protect, and defend the foundation of the principles of democracy and freedom; and WHEREAS, Many of those that have served have been the brave men and women of the State of Illinois; and WHEREAS, In every military conflict and national time of need since 1818, the brave men and women of the State of Illinois have risen to the cause of defending democracy; and WHEREAS, These brave men and women often left behind family, friends, farms, and businesses, and many of them were never to return, making the ultimate sacrifice for their country; and WHEREAS, With the signing of the Armistice ending the "War to End All Wars", WWI, on November 11, 1918, the veterans of Illinois were given a holiday of solemn remembrance and thanks from their countrymen, which later came to be known as Veterans Day; and WHEREAS, The people of the great State of Illinois wish to thank those numerous veterans for their sacrifices and service; and WHEREAS, On August 7, 1782, General George Washington established
127 [May 31, 2002] the Military Badge of Merit, which on February 22, 1932 became the Purple Heart medal, now the oldest military decoration in the world; and WHEREAS, The Purple Heart medal is awarded to military personnel who are killed or wounded in action against the enemy; and WHEREAS, E.J. "Zeke" Giorgi was first elected to the House of Representatives in 1964, and he served in that position until his passing in 1993; and WHEREAS, From his first term through his service as "Dean of the House", Zeke Giorgi served the people of this State with great distinction, and he is remembered by his colleagues on both sides of the aisle for providing invaluable guidance and leadership on many important issues; and WHEREAS, During all the years that Zeke Giorgi served in the House, he drove between Springfield and his Rockford legislative district on U.S. Highway 51 and was a strong advocate for Route 51 improvements, which were completed in several stages; and WHEREAS, Following the completion of improvements to U.S. Route 51, the highway was designated as Interstate Highway 39; and WHEREAS, Interstate Highway 39 provides an essential transportation corridor between Rockford and Bloomington and other parts of Central Illinois; and WHEREAS, We wish to permanently commemorate Zeke Giorgi's essential role in creating this critically needed highway and his abiding impact on the lives of the people of Illinois; and WHEREAS, Thomas William Davenport was a licensed civil engineer with the Illinois Department of Transportation; on April 16, 1992, he was killed by a drunk driver north of his home in Chatham, Illinois; and WHEREAS, Thomas Davenport was a son, brother, husband, and father; and WHEREAS, Thomas Davenport, working with the Illinois Department of Transportation, assisted with the building of the bridge on South Chatham Road that crosses Interstate 72 and Illinois Route 36; and WHEREAS, The bridge is located on South Chatham Road in Springfield, Illinois, and is used as an overpass for Interstate 72 and Illinois Route 36; and WHEREAS, The members of the House were saddened to learn of the death of Mayor Ken Hayes of Bradley; and WHEREAS, He was elected mayor in 1981 and was re-elected in 1985, 1989, 1993, and 1997; and WHEREAS, He was born in Limestone Township on August 30, 1924, the son of Patrick and Catherine Hayes; the family moved to Bradley when he was three months old, and until his death he lived in the house that his father bought; and WHEREAS, He attended St. Joseph's Grammar School and Bradley-Bourbonnais Community High School; he served in the United States Army's 83rd Division, 331st Infantry, Company L during World War II; he won the Silver Star, the Bronze Star with clusters for meritorious service, a Good Conduct medal, the European Theatre of Operations medal for five campaigns, and the Croix de Guerre for service to France; and WHEREAS, When he returned from war, Ken Hayes became a precinct captain and then a committeeman; he was elected vice-chairman of the Democratic Central Committee in Kankakee County in 1966 and served in that role until 1972, when he was elected central committee chairman; and WHEREAS, When he arrived home from the Army, he worked in the pipefitter's union local until he had a heart attack in 1963, which led him to quit his trade; he went to work inspecting seed for the Illinois Department of Agriculture; and WHEREAS, He later went to work for the Illinois Secretary of State and retired with a disability pension after a heart bypass operation in 1978; and WHEREAS, He was the founder of the Area Jobs Development Association; was active in scouting, golfing, and the Bradley Lions;
[May 31, 2002] 128 and was a life member of the Bradley V.F.W.; and WHEREAS, Under Mayor Hayes' strong leadership, the Village of Bradley experienced unprecedented commercial and retail growth, producing large increases in sales tax revenue for Bradley; and WHEREAS, He was a member of the Loyal Order of the Moose Lodge of Bradley, one of the vice presidents of the Illinois Municipal League, and a member of the Mayors Association; and WHEREAS, Much of the commercial growth and development that Kenneth P. Hayes worked for occurred along Illinois Route 50; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that Interstate 74, traversing through the heart of Illinois is designated as the Veterans Memorial Parkway, in honor of the veterans of the State of Illinois; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect appropriate plaques along this route in recognition of the Veterans Memorial Parkway; and be it further RESOLVED, That Interstate 72, traversing through the heart of Illinois, be designated as the commemorative Purple Heart Memorial Highway, to pay tribute to the many thousands of Illinois residents who have been awarded the Purple Heart medal; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, appropriate plaques or signs giving notice of the Purple Heart Memorial Highway; and be it further RESOLVED, That the portion of Interstate Highway 39 commencing at its point of origin in Winnebago County and ending at its intersection with Interstate Route 88 be designated the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect appropriate plaques or signs giving notice of the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That the bridge on South Chatham Road, spanning Interstate 72 and Illinois Route 36, is named the Thomas William Davenport Memorial Bridge; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect, at a suitable location consistent with State and federal regulations, an appropriate plaque or signs giving notice of the Thomas Williams Davenport Memorial Bridge; and be it further RESOLVED, That Illinois Route 50 in Bradley, Illinois, from North Street to Larry Power Road, is designated as the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED That the Illinois Department of Transportation is requested to erect appropriate signs or plaques giving notice of the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Secretary of the U.S. Department of Transportation; the Secretary of the Illinois Department of Transportation; the family of E.J. "Zeke" Giorgi; the family of Thomas William Davenport; and to the family of Mayor Ken Hayes.". Representative Novak offered the following amendment and moved it's adoption: AMENDMENT NO. 2 TO HOUSE JOINT RESOLUTION 7 AMENDMENT NO. 2. Amend House Joint Resolution 7, AS AMENDED, by replacing everything after the title with the following: "WHEREAS, Throughout history brave Americans have shed their blood during wars and conflicts to preserve, protect, and defend the foundation of the principles of democracy and freedom; and WHEREAS, Many of those that have served have been the brave men and women of the State of Illinois; and WHEREAS, In every military conflict and national time of need since 1818, the brave men and women of the State of Illinois have risen to the cause of defending democracy; and
129 [May 31, 2002] WHEREAS, These brave men and women often left behind family, friends, farms, and businesses, and many of them were never to return, making the ultimate sacrifice for their country; and WHEREAS, With the signing of the Armistice ending the "War to End All Wars", WWI, on November 11, 1918, the veterans of Illinois were given a holiday of solemn remembrance and thanks from their countrymen, which later came to be known as Veterans Day; and WHEREAS, The people of the great State of Illinois wish to thank those numerous veterans for their sacrifices and service; and WHEREAS, On August 7, 1782, General George Washington established the Military Badge of Merit, which on February 22, 1932 became the Purple Heart medal, now the oldest military decoration in the world; and WHEREAS, The Purple Heart medal is awarded to military personnel who are killed or wounded in action against the enemy; and WHEREAS, The General Assembly seeks to commemorate Illinois residents who have been awarded the Purple Heart by requesting the Illinois Department of Transportation to place signs in the appropriate locations to identify the Purple Heart Memorial Highway; and WHEREAS, E.J. "Zeke" Giorgi was first elected to the House of Representatives in 1964, and he served in that position until his passing in 1993; and WHEREAS, From his first term through his service as "Dean of the House", Zeke Giorgi served the people of this State with great distinction, and he is remembered by his colleagues on both sides of the aisle for providing invaluable guidance and leadership on many important issues; and WHEREAS, During all the years that Zeke Giorgi served in the House, he drove between Springfield and his Rockford legislative district on U.S. Highway 51 and was a strong advocate for Route 51 improvements, which were completed in several stages; and WHEREAS, Following the completion of improvements to U.S. Route 51, the highway was designated as Interstate Highway 39; and WHEREAS, Interstate Highway 39 provides an essential transportation corridor between Rockford and Bloomington and other parts of Central Illinois; and WHEREAS, We wish to permanently commemorate Zeke Giorgi's essential role in creating this critically needed highway and his abiding impact on the lives of the people of Illinois; and WHEREAS, Thomas William Davenport was a licensed civil engineer with the Illinois Department of Transportation; on April 16, 1992, he was killed by a drunk driver north of his home in Chatham, Illinois; and WHEREAS, Thomas Davenport was a son, brother, husband, and father; and WHEREAS, Thomas Davenport, working with the Illinois Department of Transportation, assisted with the building of the bridge on South Chatham Road that crosses Interstate 72 and Illinois Route 36; and WHEREAS, The bridge is located on South Chatham Road in Springfield, Illinois, and is used as an overpass for Interstate 72 and Illinois Route 36; and WHEREAS, The General Assembly seeks to remember Thomas William Davenport by requesting the Illinois Department of Transportation to place signs in the appropriate locations to identify the Thomas William Davneport Memorial Bridge; and WHEREAS, The members of the House were saddened to learn of the death of Mayor Ken Hayes of Bradley; and WHEREAS, He was elected mayor in 1981 and was re-elected in 1985, 1989, 1993, and 1997; and WHEREAS, He was born in Limestone Township on August 30, 1924, the son of Patrick and Catherine Hayes; the family moved to Bradley when he was three months old, and until his death he lived in the house that his father bought; and WHEREAS, He attended St. Joseph's Grammar School and Bradley-Bourbonnais Community High School; he served in the United States Army's 83rd Division, 331st Infantry, Company L during World War
[May 31, 2002] 130 II; he won the Silver Star, the Bronze Star with clusters for meritorious service, a Good Conduct medal, the European Theatre of Operations medal for five campaigns, and the Croix de Guerre for service to France; and WHEREAS, When he returned from war, Ken Hayes became a precinct captain and then a committeeman; he was elected vice-chairman of the Democratic Central Committee in Kankakee County in 1966 and served in that role until 1972, when he was elected central committee chairman; and WHEREAS, When he arrived home from the Army, he worked in the pipefitter's union local until he had a heart attack in 1963, which led him to quit his trade; he went to work inspecting seed for the Illinois Department of Agriculture; and WHEREAS, He later went to work for the Illinois Secretary of State and retired with a disability pension after a heart bypass operation in 1978; and WHEREAS, He was the founder of the Area Jobs Development Association; was active in scouting, golfing, and the Bradley Lions; and was a life member of the Bradley V.F.W.; and WHEREAS, Under Mayor Hayes' strong leadership, the Village of Bradley experienced unprecedented commercial and retail growth, producing large increases in sales tax revenue for Bradley; and WHEREAS, He was a member of the Loyal Order of the Moose Lodge of Bradley, one of the vice presidents of the Illinois Municipal League, and a member of the Mayors Association; and WHEREAS, Much of the commercial growth and development that Kenneth P. Hayes worked for occurred along Illinois Route 50; and WHEREAS, The General Assembly seeks to remember the loss of Kenneth P. Hayes by requesting the Illinois Department of transportation to place signs in the appropriate locations identifying the Kenneth P. Hayes Memorial Highway; and WHEREAS, The Korean War has played an important part in American history, and the veterans of the Korean War have earned the respect and admiration of all people; and WHEREAS, An armed conflict began in June of 1950 and ended in July of 1953; it exacted a heavy toll: 33,629 Americans were killed in action and 20,617 died of injuries or disease; and WHEREAS, The Korean War began when the United Nations urged UN members to repel the Communist aggressors in Korea; in July of 1950 the UN Security Council recommended that member nations contributing to the defense of South Korea make their troops available to a unified command headed by the United States; and WHEREAS, It is appropriate for us to remember the many sacrifices and contributions to the cause of freedom made by he outstanding men and women who served in the Korean War; and WHEREAS, There are bridges on Illinois Route 51 in Decatur, Macon County, Illinois, known as Route 51 Bridge Number 058-0010 Northbound and Bridge Number 058-0049 Southbound; and WHEREAS, The General Assembly seeks to commemorate the contributions of Korean War Veterans by requesting the Illinois Department of Transportation to place signs in the appropriate locations identifying the Korean War Veterans Memorial Bridge; and WHEREAS, Ronald Wilson Reagan was born on February 6, 1911, in Tampico, Illinois, the son of Nellie and John Reagan; and WHEREAS, Ronald Reagan and his family in 1915 moved to Galesburg, Illinois, and he began his formal education at Silas Willard School; and WHEREAS, Ronald Reagan and his family then moved to Monmouth, Illinois, and resided in that fair community during his formative years from 1917-1919, and where he attended Monmouth Central School; and WHEREAS, When Ronald Reagan was 9 years of age, the family settled in Dixon, Illinois, where at Dixon High School he played football and basketball, ran track, served as president of the student body, and first performed as an actor; and WHEREAS, Ronald Reagan graduated from Eureka College in 1932 with a
131 [May 31, 2002] degree in economics and sociology; and WHEREAS, From humble beginnings, Ronald Reagan went on to become a sportscaster, actor, Governor of California, and President of the United States; and WHEREAS, Ronald Reagan was elected President of the United States in 1980; a favorite of the American populace, he was elected to a second term in 1984; and WHEREAS, Ronald Wilson Reagan, the 40th President of the United States, warrants a public tribute as a son of Illinois; and WHEREAS, In 1999, portions of Illinois Route 172 and 92 from Tampico to Illinois Route 26 and the portions of Illinois Route 26, Illinois Route 29, and U.S. Route 24 from Dixon to Eureka were designated as the Ronald Reagan Trail by Senate Joint Resolution 3; and WHEREAS, The cities of Princeton, Galesburg, and Monmouth were essential in the upbringing of Ronald Reagan and should be included in the Ronald Reagan Trail; and WHEREAS, The General Assembly seeks to commemorate the accomplishments achieved by Ronald Reagan by requesting the Illinois Department of Transportation to place signs in the appropriate locations indentifying the Ronald Reagan Trail; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that Interstate 74, traversing through the heart of Illinois is designated as the Veterans Memorial Parkway, in honor of the veterans of the State of Illinois; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect appropriate plaques along this route in recognition of the Veterans Memorial Parkway; and be it further RESOLVED, That Interstate 72, traversing through the heart of Illinois, be designated as the commemorative Purple Heart Memorial Highway, to pay tribute to the many thousands of Illinois residents who have been awarded the Purple Heart medal; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, appropriate plaques or signs giving notice of the Purple Heart Memorial Highway; and be it further RESOLVED, That the portion of Interstate Highway 39 commencing at its point of origin in Winnebago County and ending at its intersection with Interstate Route 88 be designated the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect appropriate plaques or signs giving notice of the E.J. "Zeke" Giorgi Highway; and be it further RESOLVED, That the bridge on South Chatham Road, spanning Interstate 72 and Illinois Route 36, is named the Thomas William Davenport Memorial Bridge; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect, at a suitable location consistent with State and federal regulations, an appropriate plaque or signs giving notice of the Thomas Williams Davenport Memorial Bridge; and be it further RESOLVED, That Illinois Route 50 in Bradley, Illinois, from North Street to Larry Power Road, is designated as the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect appropriate signs or plaques giving notice of the Kenneth P. Hayes Memorial Highway; and be it further RESOLVED, That in recognition of the 50th Anniversary of the Korean Conflict, Route 51 Bridge Number 058-0010 Northbound and Bridge Number 058-0049 Southbound be named Korean War Veterans Memorial Bridge; and be it further RESOLVED, That the Illinois Department of Transportation is requested to erect, at suitable locations consistent with State and federal regulations, appropriate plaques or signs giving notice of the Korean War Veterans Memorial Bridge; and be it further RESOLVED, That the Ronald Reagan Trail is extended to include those portions of U.S. Route 34 from the City of Princeton, through the City
[May 31, 2002] 132 of Galesburg, to the City of Monmouth; and be it further RESOLVED, That the Illinois Department of Transportation, in accordance with applicable State and federal laws and rules and in cooperation with units of local government, is requested to erect appropriate signs, markers, or plaques along the extended portions of the Ronald Reagan Trail in recognition of this designation; and be it further RESOLVED, That a suitable copy of this resolution be presented to the Secretary of the U.S. Department of Transportation; the Illinois Secretary of Transportation; the family of E.J. "Zeke" Giorgi; the family of Thomas William Davenport; and to the family of Mayor Ken Hayes.". The motion prevailed and the amendment was adopted and ordered printed. Representative Novak then moved the adoption of the resolution, as amended. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 1, Answering Present. (ROLL CALL 5) The motion prevailed and the Resolution was adopted, as amended. Ordered that the Clerk inform the Senate and ask their concurrence. DISTRIBUTION OF SUPPLEMENTAL CALENDAR Supplemental Calendar No. 2 was distributed to the Members at 11:30 o'clock a.m. SENATE BILLS ON SECOND READING SENATE BILL 2214. Having been recalled on May 30, 2002, and held on the order of Second Reading, the same was again taken up. Representative Hassert offered the following amendment and moved its adoption: AMENDMENT NO. 7 TO SENATE BILL 2214 AMENDMENT NO. 7. Amend Senate Bill 2214, AS AMENDED, by inserting after the end of Article 10 the following: "ARTICLE 20 Section 20-1. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to Convey and Quit Claim unto the City of Granite City, an Illinois unit of local government, its successors and assigns, for and in consideration of $1.00 paid to said Department, a non-exclusive, unobstructed, perpetual easement for the purpose of constructing, installing, or laying, and thereafter using, operating, inspecting, repairing, maintaining, and replacing a storm water ditch or sewer on, over, under, and across all or part of the following described real property, subject to such conditions as may be deemed necessary by said Department to protect the public interest, to wit: An 80-foot wide tract of land being 40 feet wide on either side of a centerline located in the West Half of Section 15, Township 3 North, Range 9 West of the Third Principal Meridian, Madison County, Illinois, said centerline being more fully described as follows: Commencing at the Southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 15; thence North along the East line of said Northwest Quarter of the Northwest Quarter of Section 15, a distance of 574.2 feet to a point on the southeasterly right-of-way line of the former Nickel Plate Railroad; thence Southwesterly along said right-of-way line, a distance of 69.04 feet to a point on the centerline of a tract of
133 [May 31, 2002] land conveyed to the Alton and Southern Railroad Company by deed recorded in Book 550, Page 167 in the records of Madison County, Illinois, and being the Point of Beginning of the centerline being described; thence South along the centerline of said tract conveyed to the Alton and Southern Railroad Company, a distance of 2700 feet, more or less, to a point on the Northerly shoreline of Horseshoe Lake, being the Termination Point of the centerline being described; Said 80-foot wide tract being bounded on the North by the Southeasterly right-of-way line of the former Nickel Plate Railroad, and on the South by the Northerly shoreline of Horseshoe Lake. Section 20-900. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be transferred or otherwise affected under this Article, and this Section within 60 days after its effective date and, upon receipt of the 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 in which the land is located. ARTICLE 25 Section 25-5. The Director of the Department of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to the Plainfield Township Park District, for and in consideration of $1 paid to said Department, a quit claim deed to the following described real property, to wit: TRACT IA (EAST): That part of the following described parcel lying North of the Indian Boundary Line of the North 22 chains of the Northwest fractional 1/4 of Section 3, in Township 36 North and in Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point 22 chains South of the Northwest corner of said Northwest fractional 1/4 of Section 3, thence East parallel with the North line of said Section 3, (North 90 degrees East) 975.64 feet, to a point of beginning; thence North 90 degrees East, 1667.55 feet, to the East line of Northwest fractional 1/4 of said Section 3; thence North 00 degrees 09 minutes 46 seconds West, 22 chains, to the North line of Northwest fractional 1/4 of said Section 3; thence South 90 degrees West, 928.19 feet; thence South 08 degrees west, 100.0 feet; thence South 10 degrees 32 minutes West 67.97 feet; thence South 25 degrees West, 500.0 feet; thence South 36 degrees West, 300.0 feet; thence South 30 degrees West, 300.0 feet; thence South 23 degrees 30 minutes West, 300.0 feet; thence South 43 degrees West, 75.70 feet to the Point of Beginning; TRACT 1B: That part of the following described parcel lying South of the Indian Boundary Line: The North 22 chains of the Northwest fractional Quarter of Section 3, in Township 36 North and in Range 9 East of the Third Principal Meridian; TRACT 2A (EAST): That part of the following described parcel lying North of the Indian Boundary Line and that part of said Northwest fractional 1/4 of Section 3, Township 36 North and in Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point 22 chains South of the Northwest corner of said Northwest fractional 1/4 of Section 3, running thence South 3.82 1/3 chains (South 00 degrees 09 minutes 46 seconds East); thence East parallel with the North line of said Section 3, (North 90 degrees East) 755.0 feet, to a point of beginning; thence North 90 degrees East 894.14 feet; thence South parallel with the West line of said Section 3, 8.19 chains to a stone on the West Bank of the DuPage River; thence East, 6.50 chains; thence North 70 degrees East, 8.50 chains; thence West, 2.80 chains to the center thread of the DuPage River; thence along the center thread of the said river North 32 degrees
[May 31, 2002] 134 East, 6 chains; thence North 13 degrees East, 4.25 chains to the Northeast corner of said Tract in the center thread of the said river; thence West parallel to the North Section line, 1698.68 feet; thence South 43 degrees West, 224.3 feet; thence South 28 degrees West, 100.0 feet to the Point of Beginning; TRACT 2B: That part of the following described parcel lying South of the Indian Boundary Line: That part of said Northwest fractional 1/4 of Section 3, Township 36 North and in Range 9 East of the Third Principal Meridian, described as follows: Beginning at a point 22 chains South of the Northwest corner of said Northwest fractional 1/4 of Section 3, running thence South 3.82 1/3 chains; thence East parallel with the North line of said Section, 25.29 chains; thence South parallel with the West line of said Section, 8.19 chains to a stone on the West bank of the DuPage River; thence East 6.50 chains; thence North 70 degrees East, 8.50 chains; thence West 2.80 chains to the center thread of the DuPage River; thence along the center thread of the said river North 32 degrees East, 6 chains; thence North 13 degrees East, 4.25 chains to the Northeast corner of said tract in the center thread of the river; thence West parallel to the North Section line, 40.52 chains to the Point of Beginning; TRACT 3A: That part of the following described parcel lying North of the Indian Boundary Line: That part of the West 1/2 of the Northeast 1/4 of said Section 3, lying West of the center thread of the Dupage River, in Township 36 North and in Range 9 East of the Third Principal Meridian; TRACT 3B: That part of the following described parcel lying South of the Indian Boundary Line: That part of the West 1/2 of the Northeast 1/4 of said Section 3, lying West of the center thread of the DuPage River, in Township 36 North and in Range 9 East of the Third Principal Meridian; Containing in all 74.771 acres, more or less, all situated in Will County, Illinois. Section 25-10. The conveyance of real property authorized by Section 25-5 shall be made subject to the condition that said real property shall be used for the promotion, protection and preservation of wildlife and the setting aside of the real property for open space and outdoor recreational activities specifically that the part of the 74.771 acres lying in the flood plain and adjacent to the DuPage River shall be set aside and left as best it can in its natural state, though permitting its limited development with walking and hiking paths and that that part of the 74.771 acres lying west of the west flood plain line adjacent to the DuPage River may be used for open space and outdoor recreational activities, including the construction of parking lots, washrooms, picnic grounds and outdoor recreational facilities and buildings ancillary thereto, reference being had to that Order of Distribution and Settlement entered May 14, 1997, in the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, in Case Number 95-PE-3202. ARTICLE 30 Section 30-10. The Director of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to Elmer L. Hamson, his successors and assigns, for and in consideration of $8,580.00 paid to said Department, a quit claim deed to the following described real property, to wit: Parcel 1: A strip of land 160 feet in width, described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Southwest Quarter of Section 11; thence North, a distance of 1478.41 feet to a point on the South line of the existing township road right of way; thence running North 55 degrees 4 minutes West along said South line of the township road right of way a distance of 195.16 feet to a point; thence running South to the South line of the Southeast Quarter of the Southwest Quarter; thence East 160
135 [May 31, 2002] feet to the point of beginning; ALSO, a strip of land 160 feet in width extending over and across the East 3/4ths of the North Half of the Southwest Quarter of Section 11, the South boundary of same being the South line of the existing township road right of way, said 160 foot strip being more particularly described as follows, to-wit: Beginning at a point being 1478.41 feet North of the Southeast corner of the Southeast Quarter of the Southwest Quarter, said point being on the South line of the existing township road right of way; thence running North 55 degrees 4 minutes West along said South township road right of way line, a distance of 2015.07 feet to a point on the North line of the Northwest Quarter of the Southwest Quarter of said Section 11; thence East a distance of 279.42 feet to a point; thence running South 55 degrees 4 minutes East to a point on the East line of the Northeast Quarter of the Southwest Quarter of Section 11; thence South a distance of 195.16 feet to the point of beginning; all situated in Township 4 South, Range 4 East of the Third Principal Meridian, In JEFFERSON COUNTY, ILLINOIS; EXCEPT all minerals and all rights and easements in favor of said mineral estate; ALSO, Parcel 1 minerals: An undivided 1/2 interest in all coal within 150 feet of the surface as to the following: A strip of land 160 feet in width, described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Southwest Quarter of Section 11; thence North, a distance of 1478.41 feet to a point on the South line of the existing township road right of way; thence running North 55 degrees 4 minutes West along said South line of the township road right of way, a distance of 195.16 feet to a point; thence running South to the South line of the Southeast Quarter of the Southwest Quarter; thence East 160 feet to the point of beginning; ALSO, as to a strip of land 160 feet in width extending over and across the East 3/4ths of the North Half of the Southwest Quarter of Section 11, the South boundary of same being the South line of the existing township road right of way, said 160 foot strip being more particularly described as follows, to-wit; Beginning at a point being 1478.41 feet North of the Southeast corner of the Southeast Quarter of the Southwest Quarter, said point being on the South line of the existing township road right of way; thence running North 55 degrees 4 minutes West along said South township road right of way line, a distance of 2015.07 feet to a point on the North line of the Northwest Quarter of the Southwest Quarter of said Section 11; thence East, a distance of 279.42 feet to a point; thence running South 55 degrees 4 minutes East to a point on the East line of the Northeast Quarter of the Southwest Quarter of Section 11; thence South a distance of 195.16 feet to the point of beginning; all situated in Township 4 South, Range 4 East of the Third Principal Meridian, in JEFFERSON COUNTY, ILLINOIS. Section 30-15. The Director of Natural Resources, on behalf of the State of Illinois, is authorized to execute and deliver to Harold Haile, his successors and assigns, for and in consideration of $3,460.00 paid to said Department, a quit claim deed to the following described real property, to wit: Parcel 2: A strip of land 160 feet in width extending over and across the Southwest Quarter of the Northwest Quarter of Section 11, running in a Southeasterly direction, the South line of same being the South line of the existing township road right of way, said 160 foot strip being more particularly described as follows: Beginning at a point being 627 feet South of the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 11, said point being on the South line of the existing township road right of way; thence running South 55 degrees 4 minutes East along said South line of the township road right of way, a distance of 1193.93 feet to a point on the South line of the Southwest Quarter of the Northwest Quarter of said Section 11; thence East, a distance of 279.42 feet to a point; thence running North 55 degrees
[May 31, 2002] 136 4 minutes West to the West line of the Southwest Quarter of the Northwest Quarter of said Section 11 at a point being 195.16 feet North of the point of beginning; thence South, a distance of 195.16 feet to the point of beginning; in Township 4 South, Range 4 East of the Third Principal Meridian, all situated in JEFFERSON COUNTY, ILLINOIS, EXCEPT all minerals and all rights and easements in favor of said mineral estate; ALSO, Parcel 2 minerals: All coal within 150 feet of the surface as to the following: A strip of land 160 feet in width extending over and across the Southwest Quarter of the Northwest Quarter of Section 11, running in a Southeasterly direction, the South line of same being the South line of the existing township road right of way, said 160 foot strip being more particularly described as follows: Beginning at a point being 627 feet South of the Northwest corner of the Southwest Quarter of the Northwest Quarter of Section 11, said point being on the South line of the existing township road right of way; thence running South 55 degrees 4 minutes East along said South line of the township road right of way, a distance of 1193.93 feet to a point on the South line of the Southwest Quarter of the Northwest Quarter of said Section 11; thence East, a distance of 279.42 feet to a point; thence running North 55 degrees 4 minutes West to the West line of the Southwest Quarter of the Northwest quarter of said Section 11 at a point being 195.16 feet North of the point of beginning; thence South a distance of 195.16 feet to the point of beginning; in Township 4 South, Range 4 East of the Third Principal Meridian, all situated in JEFFERSON COUNTY, ILLINOIS. Section 30-900. The Director of Natural Resources shall obtain a certified copy of the portions of this Act containing the title, enacting clause, the effective date, the appropriate Section or Sections containing the land descriptions of the property to be transferred or otherwise affected under this Article, 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 in which the land is located.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 7 was adopted and the bill, as amended, was again advanced to the order of Third Reading. SENATE BILLS ON THIRD READING The following bill and any amendments adopted thereto was printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Hassert, SENATE BILL 2214 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 75, Yeas; 28, Nays; 13, Answering Present. (ROLL CALL 6) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING SENATE BILL 1966. Having been recalled on May 29, 2002, and held
137 [May 31, 2002] on the order of Second Reading, the same was again taken up. Representative Eileen Lyons offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1966 AMENDMENT NO. 2. Amend Senate Bill 1966 on page 1, after line 3, by inserting the following: "Section 1. This Act may be cited as the Unified Child Support Services Act. Section 5. Definitions. In this Act: "Child support services" mean any services provided with respect to parentage establishment, support establishment, medical support establishment, support modification, or support enforcement. "Child support specialist" means a paralegal, attorney, or other staff member with specialized training in child support services. "Current child support case" means a case that is pending in the IV-D Child Support Program for which any action is being taken by a Unified Child Support Services Program. "Department" means the Illinois Department of Public Aid. "IV-D Child Support Program" means the child support enforcement program established pursuant to Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code. "KIDS" means the Key Information Delivery System that includes a statewide database of all cases in the IV-D Child Support Program. "Medicaid" means the medical assistance program under Article V of the Illinois Public Aid Code. "Obligor" and "obligee" mean those terms as defined in the Income Withholding for Support Act. "Plan" means a plan for a Unified Child Support Services Program. "Program" means the Unified Child Support Services Program in a county or group of counties. "State Disbursement Unit" means the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code. "State's Attorney" means the duly elected State's Attorney of an Illinois county or 2 or more State's Attorneys who have formed a consortium for purposes of managing a Unified Child Support Services Program within a specific region of the State. "Temporary Assistance for Needy Families" means the Temporary Assistance for Needy Families (TANF) program under Article IV of the Illinois Public Aid Code. Section 10. Plan for Unified Child Support Services. (a) By July 1, 2003 and by July 1 of each subsequent year, a State's Attorney, in cooperation with the appropriate county officials, may submit to the Department a Plan for a Unified Child Support Services Program that includes all of the components set forth in Section 15 of this Act and that includes a projected budget of the necessary and reasonable direct and indirect costs for operation of the Program. The Plan may provide for phasing in the Program with different implementation dates. (b) By December 1 of the year in which a Plan is submitted, the Department shall approve or reject the Plan. If the Plan is approved, the Department and the State's Attorney shall enter into an intergovernmental agreement incorporating the Plan, subject to the approval of the Attorney General and the appropriate county board. If the Plan is rejected, the Department must set forth (i) specific reasons that the Plan fails to satisfy the specific goals and requirements of this Act or other State or federal requirements and (ii) specific reasons that the necessary and reasonable costs for operation of the Plan could not be agreed upon. (c) Any State's Attorney who submits a Plan pursuant to this Act shall commit to manage the Program for a period of no less than 3 years. (d) If a Plan is rejected, or if for any reason an intergovernmental agreement is not signed, the prior agreement under
[May 31, 2002] 138 this Act shall continue in effect until a new intergovernmental agreement is signed or the agreement is terminated. (e) The Department may impose a restriction that no more than 3 State's Attorneys may begin operating a Program in a given year. The Department shall develop a procedure for fair and orderly consideration of Plans as they are submitted or as interest by a State's Attorney is otherwise demonstrated. (f) In any county in which a Unified Child Support Services Program is operating, the Clerk of the Circuit Court may submit to the Department a plan for filing, recording, and making available for retrieval all administrative orders of parentage and administrative orders setting, modifying, or terminating child support obligations for all IV-D cases pending in the county on the implementation date of the Program and all new cases in the IV-D Child Support Program. The Department shall approve or reject the plan, according to the criteria set forth in subsection (b), and shall enter into the appropriate intergovernmental agreement incorporating the plan unless the Department can demonstrate that it has an alternative approach. Section 15. Components of a Unified Child Support Services Program. (a) Any intergovernmental agreement incorporating an approved Plan under this Act must provide that the State's Attorney shall create and manage a Program offering child support services in all IV-D cases pending in the county as of the approval date of the Plan and all new cases in the Department's IV-D Child Support Program, based upon the jurisdiction of the case and in accordance with all relevant laws or Department policies. (b) The child support services offered by each Program and incorporated in the State's Attorney's Plan must comply with the Department's approved Title IV, Part D State Plan and, except as provided in Section 35, must include, but need not be limited to, the following: (1) Accepting applications for child support services from private parties or referrals from any State agency that submits information to KIDS, and providing for the conducting of initial interviews with applicants by telephone or other electronic means. (2) Maintaining flexible office hours, including evening or weekend hours for in-person or telephone appointments, or any other appropriate means in order to meet customer service demands. (3) Providing for a staffing plan that includes assigning cases to a child support specialist who is responsible for coordinating child support services for the case, receiving new and updated information about the case and forwarding that information to all relevant persons and agencies, responding to parents' inquiries and requests in a timely manner, and making appropriate referrals as specified in paragraph (12) of this subsection. (4) Assessing each case for child support services by determining the status of the case and the necessary steps appropriate for the case, including establishing and following standards for determining whether to use judicial or administrative processes for child support services, and establishing and following standards for seeking cooperation from the parties before invoking other enforcement mechanisms. (5) Taking all necessary steps identified in paragraph (4) of this subsection as appropriate for the case, whether by use of judicial or administrative processes, and making appropriate referrals to the Department to follow agency processes for which it is responsible under Section 35 of this Act. (6) Offering genetic testing to determine parentage at the site of the unified child support services operations or near the county courthouse or administrative hearing office where proceedings to establish parentage are conducted. (7) Obtaining identified cases that have moved into non-compliance with obligations set forth in an order involving a child support case and taking steps necessary to bring the case into compliance, including investigating sources of income and the
139 [May 31, 2002] location and type of assets of child support obligors who are in arrears in the payment of support. (8) Obtaining information to provide for periodic or other review of administrative and court orders for support consistent with federal guidelines to determine whether a modification of the order should be sought. (9) Taking responsibility for using KIDS, for entering data with respect to a current child support case into KIDS and editing that data, and for having conflicting or incorrect data reconciled with respect to a current child support case. (10) Reporting cooperation or the circumstances for lack of cooperation with child support services by recipients of public aid under Temporary Assistance for Needy Families or Medicaid. (11) Conducting account reviews and redeterminations with respect to a current child support case in accordance with Department policies and federal guidelines. (12) Establishing referral procedures and making appropriate referrals for programs such as voluntary mediation on custody and visitation, domestic violence, employment and training, child care, and governmental benefits such as Temporary Assistance for Needy Families and Medicaid. (13) Establishing and maintaining a separate, impartial, and independent administrative process for parentage establishment, support establishment, and support modification that affords due process of law to alleged fathers and custodial and non-custodial parents; and furnishing copies of all such administrative orders to the clerk of the circuit court and the Department. (14) Providing all information on the Program's operation needed by the Department to satisfy the Department's reporting requirements to the State and federal governments on a timely basis. (15) Responding to requests for Administrative Accountability Analyses under Article X of the Illinois Public Aid Code, for State's Attorney cases as of the effective date of the approved Plan, and reporting final determinations to the Department. (16) Marketing the Program within the county in which it is operating so that potential applicants learn about child support services offered. (17) Appointing a local, unpaid child support advisory board, with the State's Attorney operating the Program as the chair, that meets at least quarterly. (18) Establishing procedures for referral to the Illinois Attorney General of designated child support cases brought by non-custodial parents. (19) Conducting all operations in accordance with any applicable State or federal laws and regulations and the Plan. Section 20. Subcontracts. A Plan submitted by a State's Attorney for approval to manage a Program must include those subcontracts and intergovernmental agreements necessary for the provision of any components of child support services under the Plan. The Plan must also include a copy of each signed subcontract or intergovernmental agreement or other evidence of the proposed subcontractor or other local governmental entity's intent to perform the services covered by the subcontract or intergovernmental agreement. The subcontract or intergovernmental agreement may be approved by the Department only if the subcontractor or other intergovernmental entity's services are fully integrated into the Program and the subcontractor or other intergovernmental entity's services enhance the efficiency, accessibility, and effectiveness of child support services. Section 25. Performance standards. (a) In consultation with the Department's statewide Child Support Advisory Committee and a designated representative of the Illinois State's Attorneys Association, the Department shall establish the following by rule: (1) Measures of performance for all State's Attorneys operating a program and contractors and local governmental entities
[May 31, 2002] 140 providing child support services in the IV-D Child Support Program with respect to parentage establishment, support order establishment, current support collections, arrearage collections, cost-effectiveness, or any other measures used by the federal government or as set forth by the Department. (2) Procedures for apportioning any projected incentive funding between any eligible contractors or local governmental entities. (b) Once each year, the Department shall estimate the total State and federal incentive funding that will be available for distribution under this subsection during the following year. Any State's Attorney operating a program and a contractor or local governmental entity providing child support services in the IV-D Child Support Program are eligible to earn incentive payments, based on the score received for performance standards required under this Section and the amount available for that year under this subsection. (c) Once each year, the Department shall apply the performance standards to all State's Attorneys operating a program and contractors and local governmental entities providing child support services in the IV-D Child Support Program, and shall publish a report of such performance levels and corresponding scores used in calculating the incentive payment amount. Section 30. Annual report to General Assembly. The Department shall submit to the General Assembly an annual report on the operation of Programs during the preceding State fiscal year. The annual report must include, but need not be limited to, the following: (1) The report of performance levels and corresponding scores used in calculating the incentive payment amounts under Section 20. (2) A narrative description of each Program operating in the State, including (i) the manner in which a State's Attorney complied or failed to comply with each assurance included in the applicable Plan and (ii) the Program's annual budget and staffing. Section 35. IV-D Child Support Program responsibilities. (a) The Department has the authority and responsibility for administering the IV-D Child Support Program in compliance with Title IV, Part D of the federal Social Security Act. (b) The Department may enter into agreements with contractors or local governmental entities to manage any services provided by the IV-D Child Support Program in counties in which the State's Attorney is not operating a Program. All contractors or local governmental entities entering into agreements with the Department must meet the applicable performance standards set forth in Section 25. (c) In all counties, whether or not the State's Attorney in a county is operating a Program, the Department must, at a minimum, fulfill its responsibilities under Title IV, Part D of the federal Social Security Act and Article X of the Illinois Public Aid Code in connection with the following: (1) Operation of a statewide toll free telephone number that refers parties to the appropriate contact as established by a Plan. (2) Management and supervision of the State Disbursement Unit. (3) Management and supervision of KIDS and the State Case Registry established under Section 10-27 of the Illinois Public Aid Code, including the responsibility (i) for entering and editing data for activities being conducted by the Department with respect to a current child support case and (ii) for having conflicting or incorrect data reconciled with respect to those activities. A State's Attorney operating a Program, however, must be able to enter data directly into KIDS with respect to any current child support cases for which the State's Attorney is responsible and must be able to edit that data when necessary. (4) Federal income tax refund intercepts. (5) State income tax refund and other payment intercepts. (6) Sending notices required by law to parents, except as otherwise provided in a Plan. (7) Submitting past due support information to licensing
141 [May 31, 2002] agencies. (8) Notifying the Illinois Department of Public Health of parentage establishments and acknowledgments. (9) Maintaining the Central Case Registry with respect to interstate cases, and taking any necessary actions that are not otherwise specified in a Plan. (10) Submittal of past-due support information to the Illinois Department of Revenue. (11) Requests for data matches with financial institutions. (12) Account reviews and redeterminations for any child support cases in which administrative processes are utilized by the Department under this Section. (13) Reports to the federal government. (14) All other duties required under Title IV, Part D of the federal Social Security Act that are not otherwise included in a Plan. (d) To the extent that the provisions of this Act are inconsistent with the responsibilities or requirements imposed on the IV-D Child Support Program under Article X of the Illinois Public Aid Code, the provisions of this Act shall control, unless doing so violates Title IV, Part D of the federal Social Security Act."; and on page 1, line 4, by changing "Section 5" to "Section 905"; and on page 14, line 14, by changing "Section 10" to "Section 910"; and on page 32, line 4, by changing "Section 15" to "Section 915"; and on page 38, line 13, by changing "Section 20" to "Section 920". And on that motion, a vote was taken resulting as follows: 96, Yeas; 8, Nays; 12, Answering Present. (ROLL CALL 8) The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was adopted and the bill, as amended, was again advanced to the order of Third Reading. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 5375, having been printed, were taken up for consideration. Representative Bost moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3. The motion prevailed. Ordered that the Clerk inform the Senate. CONFERENCE COMMITTEE REPORTS Having been reported out of the Committee on Rules earlier today, the First Conference Committee Report on 1640 Amendment No. 1 to HOUSE BILL 1640, submitted to the House previously, was taken up for consideration. Representative Rutherford moved that the House moves to table the First Conference Committee Report and that a Second be appointed to consider the differences arising between the two Houses in regards to said amendment. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Hannig, Currie, Kenner; Tenhouse and Rutherford. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING
[May 31, 2002] 142 SENATE BILL 2393. Having been read by title a second time on May 28, 2002, and held on the order of Second Reading, the same was again taken up. Representative Hannig offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 2393 AMENDMENT NO. 1. Amend Senate Bill 2393 by deleting everything after the enacting clause and inserting in lieu thereof the following: "ARTICLE 1 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 the Illinois State Board of Education for the fiscal year beginning July 1, 2002: From National Center for Education Statistics Fund (National Cooperative Education Statistics Systems and National Assessment of Educational Progress): For Personal Services......................... $80,000 For Employee Retirement Paid by Employer...... 4,000 For Retirement Contributions.................. 9,000 For Social Security Contributions............. 2,000 For Insurance................................. 9,100 For Contractual .............................. 8,000 For Travel ................................... 43,000 For Commodities .............................. 1,000 Total $156,100 From Federal Department of Education Fund (Title VII Bilingual): For Personal Services......................... $80,000 For Employee Retirement Paid by Employer...... 4,000 For Retirement Contributions.................. 9,000 For Social Security Contributions............. 2,000 For Insurance................................. 9,100 For Contractual .............................. 50,000 For Travel ................................... 60,000 For Commodities .............................. 1,000 For Printing ................................. 1,000 For Equipment ................................ 2,000 For Telecommunications ....................... 1,000 Total $219,100 From Federal Department of Education Fund (Emergency Immigrant Education): For Personal Services......................... $30,000 For Employee Retirement Paid by Employer...... 1,000 For Retirement Contributions.................. 2,800 For Social Security Contributions............. 2,000 For Insurance................................. 9,100 For Contractual .............................. 150,000 For Travel ................................... 50,000 For Commodities .............................. 5,000 For Equipment ................................ 5,000 For Telecommunications ....................... 2,000 For Grants.................................... 12,000,000 Total $12,256,900 From Department of Health and Human Services Fund (Training School Health Personnel): For Personal Services......................... $70,000 For Employee Retirement Paid by Employer...... 3,000 For Retirement Contributions.................. 8,000 For Social Security Contributions............. 3,000 For Insurance................................. 9,100 For Contractual .............................. 150,000 For Travel ................................... 8,000 For Commodities .............................. 8,000
143 [May 31, 2002] For Printing ................................. 4,500 For Equipment ................................ 5,000 For Telecommunications ....................... 2,000 Total $270,600 From Department of Health and Human Services Fund (Refugee): For Personal Services......................... $58,000 For Employee Retirement Paid by Employer...... 2,500 For Retirement Contributions.................. 6,000 For Social Security Contributions............. 1,000 For Insurance................................. 9,100 For Contractual .............................. 97,000 For Travel ................................... 20,000 For Commodities .............................. 20,000 For Equipment ................................ 5,000 For Telecommunications ....................... 1,000 For Grants.................................... 2,500,000 Total $2,719,600 From ISBE Federal National Community Service Fund (Learn and Serve America): For Personal Services......................... $26,000 For Employee Retirement Paid by Employer...... 1,000 For Retirement Contributions.................. 2,700 For Social Security Contributions............. 1,000 For Insurance................................. 4,600 For Contractual .............................. 4,000 For Travel ................................... 15,000 For Printing ................................. 2,000 For Equipment ................................ 1,000 For Telecommunications ....................... 1,000 For Grants.................................... 2,000,000 Total $2,058,300 From Federal Department of Agriculture Fund (Child Nutrition): For Personal Services......................... $2,700,000 For Employee Retirement Paid by Employer...... 110,000 For Retirement Contributions.................. 310,000 For Social Security Contributions............. 110,000 For Insurance................................. 460,000 For Contractual .............................. 1,875,000 For Travel ................................... 350,000 For Commodities .............................. 100,000 For Printing ................................. 150,000 For Equipment ................................ 175,000 For Telecommunications ....................... 75,000 For Grants.................................... 425,000,000 Total $431,415,000