STATE OF ILLINOIS
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-SECOND GENERAL ASSEMBLY
68TH LEGISLATIVE DAY
WEDNESDAY, MAY 30, 2001
10:00 O'CLOCK A.M.
NO. 68
[May 30, 2001] 2 HOUSE OF REPRESENTATIVES Daily Journal Index 68th Legislative Day Action Page(s) Adjournment........................................ 358 Change of Sponsorship.............................. 153 Committee on Rules Referrals....................... 6 Fiscal Note Supplied............................... 7 Fiscal Notes Requested............................. 7 Home Rule Note Supplied............................ 8 Home Rule Notes Requested.......................... 8 Housing Affordability Impact Note Requested........ 8 Introduction and First Reading - HB3628-3628....... 154 Judicial Note Requested............................ 8 Pension Impact Note Requested...................... 8 Pension Impact Note Supplied....................... 8 Quorum Roll Call................................... 5 State Mandates Note Supplied....................... 8 State Mandates Notes Requested..................... 7 Bill Number Legislative Action Page(s) HB 0002 Refuse to Concur in Senate Amendment/s............. 158 HB 0030 Third Reading...................................... 274 HB 0273 Refuse to Concur in Senate Amendment/s............. 172 HB 0335 Motion Submitted................................... 7 HB 0418 Refuse to Concur in Senate Amendment/s............. 275 HB 0789 Committee Report - Concur in SA.................... 5 HB 0922 Concurrence in Senate Amendment/s.................. 200 HB 1030 Committee Report - Concur in SA.................... 150 HB 1030 Concurrence in Senate Amendment/s.................. 181 HB 1148 Motion Submitted................................... 7 HB 1521 Senate Message - Passage w/ SA..................... 13 HB 1599 Motion Submitted................................... 7 HB 1599 Senate Message - Passage w/ SA..................... 75 HB 1887 Committee Report - Concur in SA.................... 150 HB 1887 Concurrence in Senate Amendment/s.................. 195 HB 1907 Concurrence in Senate Amendment/s.................. 201 HB 1908 Concurrence in Senate Amendment/s.................. 180 HB 1970 Concurrence in Senate Amendment/s.................. 180 HB 2161 Concurrence in Senate Amendment/s.................. 180 HB 2207 Refuse to Concur in Senate Amendment/s............. 157 HB 2228 Committee Report - Concur in SA.................... 151 HB 2228 Concurrence in Senate Amendment/s.................. 181 HB 2380 Committee Report - Concur in SA.................... 149 HB 2380 Concurrence in Senate Amendment/s.................. 180 HB 2392 Concurrence in Senate Amendment/s.................. 172 HB 2419 Committee Report - Concur in SA.................... 151 HB 2419 Concurrence in Senate Amendment/s.................. 196 HB 2432 Senate Message - Passage w/ SA..................... 86 HB 2439 Concurrence in Senate Amendment/s.................. 179 HB 2538 Concurrence in Senate Amendment/s.................. 180 HB 2703 Committee Report-Floor Amendment/s................. 152 HB 2703 Second Reading - Amendment/s....................... 272 HB 2844 Motion Submitted................................... 7 HB 2845 Motion Submitted................................... 7 HB 2900 Action on Motion................................... 356 HB 2900 Motion Submitted................................... 7 HB 2900 Senate Message - Passage w/ SA..................... 132 HB 2911 Senate Message - Passage w/ SA..................... 145 HB 2917 Adopt First Conference Committee Report............ 274
3 [May 30, 2001] Bill Number Legislative Action Page(s) HB 3128 Concurrence in Senate Amendment/s.................. 180 HB 3188 Motion Submitted................................... 7 HB 3192 Committee Report - Concur in SA.................... 153 HB 3192 Concurrence in Senate Amendment/s.................. 196 HB 3247 Refuse to Concur in Senate Amendment/s............. 210 HB 3289 Concurrence in Senate Amendment/s.................. 179 HB 3566 Motion Submitted................................... 7 HJR 0037 Adoption........................................... 275 HR 0422 Agreed Resolution.................................. 154 HR 0423 Agreed Resolution.................................. 154 HR 0424 Agreed Resolution.................................. 155 HR 0425 Agreed Resolution.................................. 156 SB 0022 Committee Report................................... 152 SB 0075 Third Reading...................................... 199 SB 0188 Third Reading...................................... 275 SB 0263 Third Reading...................................... 172 SB 0264 Committee Report-Floor Amendment/s................. 6 SB 0264 Committee Report-Floor Amendment/s................. 5 SB 0264 Motion Submitted................................... 6 SB 0264 Second Reading - Amendment/s....................... 208 SB 0264 Second Reading - Amendment/s....................... 277 SB 0264 Third Reading...................................... 278 SB 0265 House Recedes...................................... 209 SB 0265 Recede in House Amendment/s........................ 5 SB 0267 Consideration Postponed............................ 157 SB 0267 Second Reading - Amendment/s....................... 157 SB 0267 Third Reading...................................... 275 SB 0284 Second Reading - Amendment/s....................... 209 SB 0284 Third Reading...................................... 209 SB 0372 Second Reading - Amendment/s....................... 158 SB 0372 Third Reading...................................... 179 SB 0385 Committee Report-Floor Amendment/s................. 6 SB 0385 Committee Report-Floor Amendment/s................. 6 SB 0385 Committee Report-Floor Amendment/s................. 5 SB 0385 Consideration Postponed............................ 356 SB 0385 Motion Submitted................................... 6 SB 0385 Second Reading - Amendment/s....................... 279 SB 0385 Third Reading...................................... 356 SB 0461 Committee Report-Floor Amendment/s................. 151 SB 0461 Second Reading - Amendment/s....................... 181 SB 0461 Third Reading...................................... 209 SB 0629 House Refuse to Recede - Appoint Members........... 158 SB 0730 Second Reading - Amendment/s....................... 200 SB 0730 Third Reading...................................... 201 SB 0883 Second Reading..................................... 199 SB 0883 Third Reading...................................... 199 SB 0926 Second Reading - Amendment/s....................... 172 SB 0926 Third Reading...................................... 179 SB 0975 Committee Report-Floor Amendment/s................. 149 SB 0975 Committee Report-Floor Amendment/s................. 5 SB 0975 Second Reading - Amendment/s....................... 201 SB 0975 Third Reading...................................... 207 SB 0994 Second Reading - Amendment/s....................... 215 SB 0994 Third Reading...................................... 222 SB 1069 Committee Report-Floor Amendment/s................. 150 SB 1069 Second Reading - Amendment/s....................... 158 SB 1069 Third Reading...................................... 171 SB 1135 Committee Report-Floor Amendment/s................. 6 SB 1135 House Recedes...................................... 278 SB 1135 Motion Submitted................................... 7 SB 1171 Committee Report-Floor Amendment/s................. 153 SB 1171 Second Reading - Amendment/s....................... 222 SB 1176 Second Reading..................................... 201 SB 1176 Third Reading...................................... 201
[May 30, 2001] 4 Bill Number Legislative Action Page(s) SB 1234 Committee Report-Floor Amendment/s................. 6 SB 1283 Second Reading - Amendment/s....................... 196 SB 1283 Third Reading...................................... 200 SB 1285 Committee Report-Floor Amendment/s................. 6 SB 1504 Committee Report-Floor Amendment/s................. 5 SB 1504 Second Reading - Amendment/s....................... 210 SB 1504 Third Reading...................................... 215 SB 1514 House Refuse to Recede - Appoint Members........... 157 SJR 0028 Adoption........................................... 277 SJR 0034 Senate Message..................................... 9 SJR 0035 Senate Message..................................... 11
5 [May 30, 2001] 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 Hartke 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: 117 present. (ROLL CALL 1) By unanimous consent, Representative Stephens was excused from attendance. LETTER OF TRANSMITTAL JACK D. FRANKS STATE REPRESENTATIVE - 63RD DISTRICT Tony Rossi Clerk of the House The House of Representatives 402 Capitol Springfield, IL 62706 Dear Clerk Rossi, I have a potential conflict of interest with the subject material in HOUSE BILL 5389. I am therefore voting present. I request that the record reflect my present vote due to my potential conflict of interest. Sincerely, s/Jack D. Franks 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 Floor Amendment be reported "recommends be adopted": Amendment No. 2 to SENATE BILL 264. Amendment No. 3 to SENATE BILL 385. Amendment No. 5 to SENATE BILL 975. Amendment No. 2 to SENATE BILL 1504. That the Motion be reported "recommends be adopted" and place on the House Calendar: Motion to concur with Senate Amendment No. 1 to HOUSE BILL 789. That the Motion be reported "recommneds be adopted" and placed on the House Calendar: Motion to recede from House Amendments numbered 1 and 2 to SENATE BILL 265. The committee roll call vote on the foregoing Legislative Measures is as follows: 4, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig (Lang) Y Tenhouse, Spkpn Y Turner, Art (Hartke) 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 Motion be reported "recommends be adopted" and place on the House Calendar:
[May 30, 2001] 6 Motion to table Amendment No. 1 to SENATE BILL 385. Motion to recede in Amendment No. 1 to SENATE BILL 1135. That the Floor Amendment be reported "recommends be adopted": Amendment No. 5 to SENATE BILL 1234. Amendment No. 3 to SENATE BILL 1285. The committee roll call vote on the foregoing Legislative Measures is as follows: 3, Yeas; 1, Nays; 0, Answering Present. Y Currie, Chair A Ryder Y Hannig N 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. 3 to SENATE BILL 264. Amendment No. 4 to SENATE BILL 385. The committee roll call vote on the foregoing Legislative Measures is as follows: 5, Yeas; 0, Nays; 0, Answering Present. Y Currie, Chair Y Ryder Y Hannig Y Tenhouse, Spkpn Y Turner, Art COMMITTEE ON RULES REFERRALS Representative Barbara Flynn Currie, Chairperson of the Committee on Rules, reported the following legislative measures and/or joint action motions have been assigned as follows: Committee on Cities & Villages: House Amendment 4 to SENATE BILL 1282. Committee on Executive: House Amendment 4 to SENATE BILL 1234. Committee on Human Services: House Amendment 3 to SENATE BILL 161. Committee on Judiciary I-Civil Law: House Amendment 2 to SENATE BILL 118. Committee on Environment & Energy: Motion to Concur in Senate Amendment 1 to HOUSE BILL 1599. Committee on Executive: House Amendment 2 to SENATE BILL 163. Special Committee on Telecommunications Rewrite: Motion to Concur in Senate Amendments 3 and 4 to HOUSE BILL 2900. MOTIONS SUBMITTED Representative Rutherford submitted the following written motion, which was placed in the Committee on Rules: MOTION I move to table Amendment No. 1 to SENATE BILL 385. Representative Currie submitted the following written motion, which was placed on the Calendar on the order of Motions: MOTION I move to table Amendment No. 4 to SENATE BILL 264. JOINT ACTION MOTIONS SUBMITTED
7 [May 30, 2001] Representative Daniels 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 1148. Representative Daniels 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 1599. Representative O'Brien 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 2844. Representative O'Brien submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendment No. 1 to HOUSE BILL 2845. Representative Madigan submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to concur with Senate Amendments numbered 3 and 4 to HOUSE BILL 2900. Representative Daniels 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 3566. Representative Monique Davis submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #1 I move to non-concur with Senate Amendment No. 1 to HOUSE BILL 335. Representative Hartke submitted the following written motion, which was placed on the Calendar on the order of Concurrence: MOTION #3 I move to non-concur with Senate Amendments numbered 1 and 2 to HOUSE BILL 3188. Representative Art Turner submitted the following written motion, which was referred to the Committee on Rules: MOTION #1 I move to recede from House Amendment No. 1 to SENATE BILL 1135. REQUEST FOR FISCAL NOTES Representative Black requested that Fiscal Notes be supplied for SENATE BILLS 22, as amended, 1171, as amended, 1234, as amended and 2703, as amended. FISCAL NOTE SUPPLIED Fiscal Notes have been supplied for SENATE BILLS 22, as amended and 118, as amended. REQUEST FOR STATE MANDATES NOTES Representative Black requested that State Mandates Notes be supplied for SENATE BILLS 22, as amended, and 1171, as amended and 1234, as amended.
[May 30, 2001] 8 STATE MANDATES NOTE SUPPLIED A State Mandates Note has been supplied for SENATE BILL 22, as amended. REQUEST FOR HOME RULE NOTES Representative Black requested that Home Rule Notes be supplied for SENATE BILLS 22, as amended, 1171, as amended and 1234, as amended. HOME RULE NOTE SUPPLIED A Home Rule Note has been supplied for SENATE BILL 22, as amended. REQUEST FOR PENSION IMPACT NOTE Representative Black requested that a Pension Impact Note be supplied for HOUSE BILL 2703, as amended. PENSION IMPACT NOTE SUPPLIED A Pension Impact Note has been supplied for HOUSE BILL 2703, as amended. REQUEST FOR HOUSING AFFORDABILITY IMPACT NOTE Representative Black requested that a Housing Affordability Impact Note be supplied for SENATE BILLS 22, as amended, and 1234, as amended. REQUEST FOR JUDICIAL NOTE Representative Black requested that a Judicial Note be supplied for SENATE BILL 1234, as amended. MESSAGES FROM THE SENATE A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 34 WHEREAS, Access to an adequate supply of electric energy is of vital importance to the citizens of this State; and WHEREAS, Recent events in California demonstrate the need for adequate electricity transmission capacity in this State; and WHEREAS, The newly deregulated environment for the production of electricity is resulting in additional demand for transmission capacity; and
9 [May 30, 2001] WHEREAS, Adequate electricity transmission capacity is essential to the health, safety, and economic well-being of the citizens of this State; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that the Illinois Commerce Commission, the Department of Commerce and Community Affairs, and the Department of Transportation jointly conduct a study of electricity transmission capacity in this State; and be it further RESOLVED, That the study include an analysis of the existing electricity transmission capacity in this State, including recommendations for changes in State or federal regulations or statutes and initiatives that can be taken by the Illinois Commerce Commission, the State of Illinois, and the federal government which may be necessary to develop remedies to any reliability or economic performance inadequacies in the existing electricity transmission system; an examination of the areas of the State of Illinois where additional electricity demand is reasonably likely to occur, including recommendations about electricity transmission system development required to accommodate such reasonably anticipated additional electricity demand growth, and Illinois Commerce Commission, State of Illinois, and federal government initiatives which might be undertaken to facilitate transmission system enhancement or expansion for those purposes; and an analysis of the feasibility of promoting the development of Illinois coal resources as a source of additional generation capacity for the State by developing additional transmission capacity within the State of Illinois to move electricity from the southern portions of the State to areas of significant demand for that power, including an estimate of the cost of developing a South-to-North transmission corridor for those purposes; and be it further RESOLVED, That the Illinois Commerce Commission, the Department of Commerce and Community Affairs, and the Department of Transportation report their findings and recommendations to the General Assembly by December 31, 2001; and be it further RESOLVED, That a copy of this resolution be delivered to the Chairman of the Illinois Commerce Commission, the Director of Commerce and Community Affairs, and the Secretary of Transportation. Adopted by the Senate, May 29, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 34 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has adopted the following Senate Joint Resolution, in the adoption of which I am instructed to ask the concurrence of the House of Representatives, to-wit: SENATE JOINT RESOLUTION NO. 35 WHEREAS, Development of Illinois' natural resources, especially its coal reserves, in an environmentally sound manner will stimulate the economy of this State, especially in the southern part of our State; and
[May 30, 2001] 10 WHEREAS, Illinois is currently in the process of transitioning from a fully regulated electric generation market into a competitive electric generation market; and WHEREAS, Recent events in the western part of the United States have demonstrated the need to develop electric generation resources to ensure a reliable supply of electricity; and WHEREAS, There is an increasing need for electricity and electric generation capacity within Illinois and surrounding states; and WHEREAS, Illinois has the richest coal reserves in the nation and it is imperative that these coal reserves be developed and utilized; and WHEREAS, It is paramount that any electric generating facilities built in Illinois use Illinois natural resources, especially Illinois coal, and protect the environment with the best available technology; and WHEREAS, In preparing for the coming deregulated electric power generation market, Illinois must plan to take advantage of the environmentally sound use of its own natural resources, including Illinois coal; and WHEREAS, Illinois has the opportunity to foster significant economic development within the State during the transition into a deregulated electric marketplace; and WHEREAS, The development of power generation capacity raises concerns about the environmental impact of those power generation facilities; and WHEREAS, Current federal regulations regarding emissions of nitrogen oxides and emission credits may impede development of necessary electric generation facilities; and WHEREAS, Illinois must work to ensure that sufficient nitrogen oxide emission credits are available for new electricity generating sources that will utilize clean coal technologies; and WHEREAS, Illinois' budget for nitrogen oxide emission allowances is limited due to the State's current reliance on nuclear power which will eventually be decommissioned and therefore, unavailable for generating electricity; and WHEREAS, The development of clean coal technologies, including coal gasification, with the vast coal reserves within Illinois will enable Illinois to harvest the rewards of utilizing the proven coal reserves of this State and to support the further development of clean energy solutions utilizing our State's natural resources as the fuel; and WHEREAS, President Bush has called for the development of a national energy policy; and WHEREAS, Illinois is uniquely positioned to contribute to the development of that national energy policy through use of its extensive natural resources and coal reserves in an environmentally sound manner; and WHEREAS, Some adjustments in Illinois' nitrogen oxide emission allowances established by the United States Environmental Protection Agency will be necessary to foster the development of electric generating facilities that utilize Illinois natural resources and coal reserves; therefore, be it RESOLVED, BY THE SENATE OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we urge the United States Congress and the United States Environmental Protection Agency to increase Illinois' nitrogen oxide emission allowances budget; and be it further RESOLVED, That a suitable copy of this resolution be delivered to the President of the United States, the Vice President of the United States, the Administrator of the United States Environmental Protection Agency, the Governor of the State of Illinois, the members of the
11 [May 30, 2001] Illinois Congressional delegation, and the Speaker of the United States House of Representatives. Adopted by the Senate, May 29, 2001. Jim Harry, Secretary of the Senate The foregoing message from the Senate reporting their adoption of SENATE JOINT RESOLUTION 35 was placed in the Committee on Rules. A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House of Representatives in the passage of a bill of the following title to-wit: HOUSE BILL 1521 A bill for AN ACT in relation to aeronautics. 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. 1521. Passed the Senate, as amended, May 30, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1521 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the I-FLY Act. Section 5. Findings. The General Assembly finds that, in order to create, retain, and stabilize reliable air service to commercial service airports outside of Cook County, improve accessibility to business and industrial centers, augment the State's tourism industry, and encourage the development of facilities and support initiatives for community growth, cooperation between the State, airports, and communities is essential. The General Assembly further finds that a State grant program is the best method to achieve these ends. Section 10. Definitions. As used in this Act: "Air carrier" means an entity that provides commercial passenger air transportation. "Department" means the Illinois Department of Transportation. Section 15. I-FLY Fund. (a) The I-FLY Fund is created as a special fund in the State treasury. Moneys may be transferred to the Fund from: (1) appropriations made by the General Assembly and units of local government to the Fund, (2) federal moneys designated for the Fund, and (3) any grants or gifts designated for the Fund. (b) Fifty percent of the moneys in the Fund shall be used, subject to appropriation, for air carrier recruitment and retention program grants. Fifty percent of the moneys in the Fund shall be used, subject to appropriation, for planning grants and capital improvement and equipment grants. Section 20. I-FLY Program.
[May 30, 2001] 12 (a) The Department shall establish the I-FLY Program. The Program shall consist of the following components: (1) air carrier recruitment and retention grants as described in subsection (c); (2) planning grants under subsection (d); and (3) capital improvement and equipment grants under subsection (e). Grants under this Act may be made only to airports that are located completely outside of Cook County. (b) During any one-year period, an airport may receive a grant for only one of the 3 components specified in subsection (a). (c) Air carrier recruitment and retention program grants. (1) An airport may receive an air carrier recruitment and retention program grant only if: (A) it is capable of supporting takeoffs and landings by aircraft that have at least 19 passenger seats or have made improvements or commitments to the Department to provide this capability; (B) it is located within 20 miles of one or more manufacturing facilities having at least 50 full-time employees or within a municipality with at least 75,000 inhabitants; and (C) it has a commitment from an air carrier to start or continue air service to the community that the airport serves subject to financial support from the State and from the airport or unit of local government that the airport serves. The commitment must specify that the air carrier would not provide or continue to provide service to the community if financial assistance were not available. (2) An application for an air carrier recruitment and retention program grant must contain commitments from the airport or the unit of local government in which the airport is located as to the amount of the total project cost, the contribution from the unit of local government or airport, the method in which the contribution from the airport or unit of local government will be generated, and the requested State contribution. (3) The air carrier recruitment and retention program grant shall be used to guarantee the financial viability of air carriers providing 4 flights per day for 6 days per week at the airport using aircraft that have at least 19 passenger seats. A grant under this subsection (c) to a particular airport may be in only one of the following 3 forms: (A) A grant may be used to guarantee that an air carrier shall receive a specified amount of revenue per flight. (B) A grant may be used to guarantee a reduced or subsidized consumer ticket price. (C) A grant may be used to guarantee a profit goal established by the air carrier and airport. (4) During the first year of a grant under this subsection (c), the grant shall pay 80% of the total cost of the guarantee and the airport or unit of local government in which the airport is located shall pay 20% of the total cost of the guarantee. During the second year of a grant under this subsection (c), the grant shall pay 50% of the total cost of the guarantee and the airport or the unit of local government in which the airport is located shall pay 50% of the total cost of the guarantee. (5) The total State funding for a grant under this subsection (c) to a particular airport may not exceed $2,500,000 in any year. (6) An airport that has received a 2-year grant under this subsection (c) may apply for another grant for an additional 2-year
13 [May 30, 2001] period; however, the Department shall, in determining whether to make a grant for an additional 2-year period, give priority to other airports that have not previously received a grant under this subsection (c). The Department shall also give priority in making grants under this subsection (c) to airports at which the Department determines that a 2-year grant may result in the creation of stable and reliable commercial air service without an additional grant. (d) Planning grants. An airport may apply for and receive a planning grant to conduct feasibility studies or business plans designed to study the recruitment, retention, or expansion of an air carrier at the airport. To be eligible for a grant under this subsection (d), the airport must have the potential for initial or expanded air service as the Department determines through its evaluation process. The grant shall pay 70% of the total cost of the feasibility studies or business plans and the airport or the unit of local government in which the airport is located shall pay 30% of the total cost of the feasibility studies or business plans. An airport may receive only one planning grant. (e) Capital improvement and equipment grants. An airport may apply for and receive a capital improvement and equipment grant for capital improvements, including equipment to facilitate the attraction or retention of commercial air service. The grant shall pay 50% of the cost of an approved project and the airport or the unit of local government in which the airport is located shall pay 50% of the cost of the approved project. In evaluating an application for a grant under this subsection (e), the Department shall give priority to airports at which the requested improvements would facilitate the airport's ability to recruit or retain commercial air service. Section 25. Rules. The Department shall adopt rules to carry out this Act. Section 90. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The I-FLY Fund. 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 1521 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 1599 A bill for AN ACT concerning economic development. 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. 1599.
[May 30, 2001] 14 Passed the Senate, as amended, May 30, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 1599 by replacing the title with the following: "AN ACT regarding Illinois resource development and energy security."; and by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois Resource Development and Energy Security Act. Section 5. Findings. The General Assembly finds that: (a) Growth of the State's population and economic base has created a need for new electric generation capacity in Illinois. (b) Illinois has considerable natural resources that are currently underutilized and could support development of new electric power at an affordable price. (c) The development of new electric generating capacity is needed if the State is to continue to be successful in attracting new businesses and jobs. (d) Certain regions of the State, such as Southern Illinois, could benefit greatly from new employment opportunities created by development of electric generating plants utilizing the plentiful supply of Illinois coal. (e) Technology can be deployed that allows high-sulfur Illinois coal to be burned efficiently while meeting strict State and federal air quality limitations. Specifically, the State of Illinois will encourage the use of advanced clean coal technology, such as coal gasification. (f) Renewable forms of energy should be promoted as an important element of the energy and environmental policies of the State and it is a goal of the State that at least 5% of the State's energy production and use be derived from renewable forms of energy by 2010 and at least 15% from renewable forms of energy by 2020. Section 10. Definitions. As used in this Act: "Department" means the Illinois Department of Commerce and Community Affairs. Section 15. Purpose. The State of Illinois and its people will benefit for many years to come if new electric generating facilities are built that increase the in-State capacity to provide for current and anticipated electricity demand at a competitive price. The purpose of this Act is to enhance the State's energy security by ensuring that: (i) the State's vast and underutilized coal resources are tapped as a fuel source for new electric plants; (ii) the electric transmission system within the State is upgraded to more efficiently distribute additional amounts of electricity; (iii) well-paying jobs are created as new electric plants are built in regions of the State with relatively high unemployment; and (iv) pilot projects are undertaken to explore the capacity of new, often renewable sources of energy to contribute to the State's energy security. Section 20. Rules. The Department is authorized to adopt rules necessary to administer the requirements of this Act. The Department may implement this Act through the use of emergency rules in accordance with the provisions of Section 5-45 of the Illinois Administrative Procedure Act. For purposes of the Illinois Administrative Procedure Act, the adoption of rules to implement this Act shall be deemed an emergency and necessary for the public interest, safety, and welfare. Section 905. The Department of Commerce and Community Affairs Law
15 [May 30, 2001] of the Civil Administrative Code of Illinois is amended by adding Section 605-332 as follows: (20 ILCS 605/605-332 new) Sec. 605-332. Financial assistance to energy generation facilities. (a) As used in this Section: "New electric generating facility" means a newly-constructed electric generation plant or a newly constructed generation capacity expansion at an existing facility, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which foundation construction commenced not sooner than July 1, 2001, which is designed to provide baseload electric generation operating on a continuous basis throughout the year; and which has an aggregate rated generating capacity of at least 400 megawatts for all new units at one site, uses coal or gases derived from coal as its primary fuel source, and supports the creation of at least 150 new Illinois coal mining jobs. "Eligible business" means an entity that proposes to construct a new electric generating facility and that has applied to the Department to receive financial assistance pursuant to this Section. With respect to use and occupation taxes, wherever there is a reference to taxes, that reference means only those taxes paid on Illinois-mined coal used in a new electric generating facility. "Department" means the Illinois Department of Commerce and Community Affairs. (b) The Department is authorized to provide financial assistance to eligible businesses for new electric generating facilities from funds appropriated by the General Assembly as further provided in this Section. An eligible business seeking qualification for financial assistance for a new electric generating facility, for purposes of this Section only, shall apply to the Department in the manner specified by the Department. An application shall include, but not be limited to: (1) the completion date of the new electric generating facility for which financial assistance is sought; (2) copies of documentation deemed acceptable by the Department establishing the total State occupation and use taxes paid on Illinois-mined coal used at the new electric generating facility for a minimum of 4 preceding calendar quarters; and (3) the amount of capital investment by the eligible business in the new electric generating facility. The Department shall determine the maximum amount of financial assistance for eligible businesses in accordance with this paragraph. The Department shall not provide financial assistance from general obligation bond funds to any eligible business unless it receives a written certification from the Director of the Bureau of the Budget that 80% of the State occupation and use tax receipts for a minimum of the preceding 4 calendar quarters for all eligible businesses equal or exceed 110% of the maximum annual debt service required with respect to general obligation bonds issued for that purpose. The Department may provide financial assistance not to exceed the amount of State general obligation debt calculated as above, the amount of capital investment in the energy generation facility, or $100,000,000, whichever is less. Financial assistance received pursuant to this Section may be used for capital facilities consisting of buildings, structures, durable equipment, and land at the new electric generating facility. An eligible business shall file a monthly report with the Illinois Department of Revenue stating the amount of Illinois-mined coal purchased during the previous month for use in the new electric generating facility, the purchase price of that coal, the amount of
[May 30, 2001] 16 State occupation and use taxes paid on that purchase to the seller of the Illinois-mined coal, and such other information as that Department may reasonably require. In sales of Illinois-mined coal between related parties, the purchase price of the coal must have been determined in an arms-length transaction. The report shall be filed with the Illinois Department of Revenue on or before the 20th day of each month on a form provided by that Department. However, no report need be filed by an eligible business in a month when it made no reportable purchases of coal in the previous month. The Illinois Department of Revenue shall provide a summary of such reports to the Bureau of the Budget. Upon granting financial assistance to an eligible business, the Department shall certify the name of the eligible business to the Illinois Department of Revenue. Beginning with the receipt of the first report of State occupation and use taxes paid by an eligible business and continuing for a 25-year period, the Illinois Department of Revenue shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business. Section 910. The Illinois Enterprise Zone Act is amended by changing Section 5.5 as follows: (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1) Sec. 5.5. High Impact Business. (a) In order to respond to unique opportunities to assist in the encouragement, development, growth and expansion of the private sector through large scale investment and development projects, the Department is authorized to receive and approve applications for the designation of "High Impact Businesses" in Illinois subject to the following conditions: (1) such applications may be submitted at any time during the year; (2) such business is not located, at the time of designation, in an enterprise zone designated pursuant to this Act; (3) (A) the business intends to make a minimum investment of $12,000,000 which will be placed in service in qualified property and intends to create 500 full-time equivalent jobs at a designated location in Illinois or intends to make a minimum investment of $30,000,000 which will be placed in service in qualified property and intends to retain 1,500 full-time jobs at a designated location in Illinois. The business must certify in writing that the investments would not be placed in service in qualified property and the job creation or job retention would not occur without the tax credits and exemptions set forth in subsection (b) of this Section. The terms "placed in service" and "qualified property" have the same meanings as described in subsection (h) of Section 201 of the Illinois Income Tax Act; or (B) the business intends to establish a new electric generating facility at a designated location in Illinois. "New electric generating facility" for purposes of this Section means a newly-constructed electric generation plant or a newly-constructed generation capacity expansion at an existing electric generation plant, including the transmission lines and associated equipment that transfers electricity from points of supply to points of delivery, and for which such new foundation construction commenced not sooner than July 1, 2001. Such facility shall be designed to provide baseload electric generation and shall operate on a continuous basis throughout the year; and shall have an aggregate rated generating capacity of at least 1,000 megawatts for all new
17 [May 30, 2001] units at one site if it uses natural gas as its primary fuel and foundation construction of the facility is commenced on or before December 31, 2004, or shall have an aggregate rated generating capacity of at least 400 megawatts for all new units at one site if it uses coal or gases derived from coal as its primary fuel and shall support the creation of at least 150 new Illinois coal mining jobs. The business must certify in writing that the investments necessary to establish a new electric generating facility would not be placed in service and the job creation in the case of a coal-fueled plant would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section. The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income Tax Act; or (C) the business intends to establish production operations at a new coal mine, re-establish production operations at a closed coal mine, or expand production at an existing coal mine at a designated location in Illinois not sooner than July 1, 2001; provided that the production operations result in the creation of 150 new Illinois coal mining jobs as described in subdivision (a)(3)(B) of this Section, and further provided that the coal extracted from such mine is utilized as the predominant source for a new electric generating facility. The business must certify in writing that the investments necessary to establish a new, expanded, or reopened coal mine would not be placed in service and the job creation would not occur without the tax credits and exemptions set forth in subsection (b-5) of this Section. The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income Tax Act; or (D) the business intends to construct new transmission facilities or upgrade existing transmission facilities at designated locations in Illinois, for which construction commenced not sooner than July 1, 2001. For the purposes of this Section, "transmission facilities" means transmission lines with a voltage rating of 115 kilovolts or above, including associated equipment, that transfer electricity from points of supply to points of delivery and that transmit a majority of the electricity generated by a new electric generating facility designated as a High Impact Business in accordance with this Section. The business must certify in writing that the investments necessary to construct new transmission facilities or upgrade existing transmission facilities would not be placed in service without the tax credits and exemptions set forth in subsection (b-5) of this Section. The term "placed in service" has the same meaning as described in subsection (h) of Section 201 of the Illinois Income Tax Act; and (4) no later than 90 days after an application is submitted, the Department shall notify the applicant of the Department's determination of the qualification of the proposed High Impact Business under this Section. (b) Businesses designated as High Impact Businesses pursuant to subdivision (a)(3)(A) of this Section shall qualify for the credits and exemptions described in the following Acts: Section 9-222 and Section 9-222.1A of The Public Utilities Act, subsection (h) of Section 201 of the Illinois Income Tax Act; and, Section 1d of the Retailers' Occupation Tax Act, provided that these credits and exemptions described in these Acts shall not be authorized until the minimum
[May 30, 2001] 18 investments set forth in subdivision (a)(3)(A)
19 [May 30, 2001] Section 912. The Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is amended by changing Section 6-3 as follows: (20 ILCS 687/6-3) (Section scheduled to be repealed on December 16, 2007) Sec. 6-3. Renewable energy resources program. (a) The Department of Commerce and Community Affairs, to be called the "Department" hereinafter in this Law, shall administer the Renewable Energy Resources Program to provide grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (b) The Department shall establish eligibility criteria for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. These criteria shall be reviewed annually and adjusted as necessary. The criteria should promote the goal of fostering investment in and the development and use, in Illinois, of renewable energy resources. (c) The Department shall accept applications for grants, loans, and other incentives to foster investment in and the development and use of renewable energy resources. (d) To the extent that funds are available and appropriated, the Department shall provide grants, loans, and other incentives to applicants that meet the criteria specified by the Department. (e) The Department shall conduct an annual study on the use and availability of renewable energy resources in Illinois. Each year, the Department shall submit a report on the study to the General Assembly. This report shall include suggestions for legislation which will encourage the development and use of renewable energy resources. (f) As used in this Law, "renewable energy resources" includes energy from wind, solar thermal energy, photovoltaic cells and panels, dedicated crops grown for energy production and organic waste biomass, hydropower that does not involve new construction or significant expansion of hydropower dams, and other such alternative sources of environmentally preferable energy. "Renewable energy resources" does not include, however, energy from the incineration, burning or heating of waste wood, tires, garbage, general household, institutional and commercial waste, industrial lunchroom or office waste, landscape waste, or construction or demolition debris. (g) There is created the Energy Efficiency Investment Fund as a special fund in the State Treasury, to be administered by the Department to support the development of technologies for wind, biomass, and solar power in Illinois. The Department may accept private and public funds, including federal funds, for deposit into the Fund. (Source: P.A. 90-561, eff. 12-16-97.) Section 915. The State Finance Act is amended by adding Sections 5.545, 5.546, and 6z-51 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Energy Infrastructure Fund. (30 ILCS 105/5.546 new) Sec. 5.546. The Energy Efficiency Investment Fund. (30 ILCS 105/6z-51 new) Sec. 6z-51. The Energy Infrastructure Fund. (a) The Energy Infrastructure Fund is created as a special fund in the State treasury. (b) Money in the Energy Infrastructure Fund shall, if and when the State of Illinois issues any bonded indebtedness for financial assistance to new electric generating facilities, as provided in Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois, be set aside and used for the purpose of paying and discharging annually the principal and
[May 30, 2001] 20 interest on that bonded indebtedness then due and payable, and for no other purpose. In addition to other transfers to the General Obligation Bond Retirement and Interest Fund made pursuant to Section 15 of the General Obligation Bond Act, upon each delivery of bonds issued for financial assistance to new electric generating facilities under Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois, the State Comptroller shall compute and certify to the State Treasurer the total amount of principal and interest, and premium, if any, on such bonds during the then current and each succeeding fiscal year. On or before the last day of each month, the State Treasurer and the State Comptroller shall transfer from the Energy Infrastructure Fund to the General Obligation Bond Retirement and Interest Fund an amount sufficient to pay the aggregate of the principal of, interest on, and premium, if any, on the bonds payable on their next payment date, divided by the number of monthly transfers occurring between the last previous payment date (or the delivery date if no payment date has yet occurred) and the next succeeding payment date. (c) To the extent that moneys in the Energy Infrastructure Fund, in the opinion of the Governor and the Director of the Bureau of the Budget, are in excess of 125% of the maximum debt service in any fiscal year, such surplus shall, subject to appropriation, be used by the Department of Commerce and Community Affairs for financial assistance under other coal development programs administered by the Department, in accordance with the rules of the Department or for other State purposes subject to appropriation. Section 918. The Illinois Income Tax Act is amended by changing Section 201 as follows: (35 ILCS 5/201) (from Ch. 120, par. 2-201) Sec. 201. Tax Imposed. (a) In general. A tax measured by net income is hereby imposed on every individual, corporation, trust and estate for each taxable year ending after July 31, 1969 on the privilege of earning or receiving income in or as a resident of this State. Such tax shall be in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof. (b) Rates. The tax imposed by subsection (a) of this Section shall be determined as follows, except as adjusted by subsection (d-1): (1) In the case of an individual, trust or estate, for taxable years ending prior to July 1, 1989, an amount equal to 2 1/2% of the taxpayer's net income for the taxable year. (2) In the case of an individual, trust or estate, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 2 1/2% of the taxpayer's net income for the period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 3% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (3) In the case of an individual, trust or estate, for taxable years beginning after June 30, 1989, an amount equal to 3% of the taxpayer's net income for the taxable year. (4) (Blank). (5) (Blank). (6) In the case of a corporation, for taxable years ending prior to July 1, 1989, an amount equal to 4% of the taxpayer's net income for the taxable year. (7) In the case of a corporation, for taxable years beginning prior to July 1, 1989 and ending after June 30, 1989, an amount equal to the sum of (i) 4% of the taxpayer's net income for the
21 [May 30, 2001] period prior to July 1, 1989, as calculated under Section 202.3, and (ii) 4.8% of the taxpayer's net income for the period after June 30, 1989, as calculated under Section 202.3. (8) In the case of a corporation, for taxable years beginning after June 30, 1989, an amount equal to 4.8% of the taxpayer's net income for the taxable year. (c) Beginning on July 1, 1979 and thereafter, in addition to such income tax, there is also hereby imposed the Personal Property Tax Replacement Income Tax measured by net income on every corporation (including Subchapter S corporations), partnership and trust, for each taxable year ending after June 30, 1979. Such taxes are imposed on the privilege of earning or receiving income in or as a resident of this State. The Personal Property Tax Replacement Income Tax shall be in addition to the income tax imposed by subsections (a) and (b) of this Section and in addition to all other occupation or privilege taxes imposed by this State or by any municipal corporation or political subdivision thereof. (d) Additional Personal Property Tax Replacement Income Tax Rates. The personal property tax replacement income tax imposed by this subsection and subsection (c) of this Section in the case of a corporation, other than a Subchapter S corporation and except as adjusted by subsection (d-1), shall be an additional amount equal to 2.85% of such taxpayer's net income for the taxable year, except that beginning on January 1, 1981, and thereafter, the rate of 2.85% specified in this subsection shall be reduced to 2.5%, and in the case of a partnership, trust or a Subchapter S corporation shall be an additional amount equal to 1.5% of such taxpayer's net income for the taxable year. (d-1) Rate reduction for certain foreign insurers. In the case of a foreign insurer, as defined by Section 35A-5 of the Illinois Insurance Code, whose state or country of domicile imposes on insurers domiciled in Illinois a retaliatory tax (excluding any insurer whose premiums from reinsurance assumed are 50% or more of its total insurance premiums as determined under paragraph (2) of subsection (b) of Section 304, except that for purposes of this determination premiums from reinsurance do not include premiums from inter-affiliate reinsurance arrangements), beginning with taxable years ending on or after December 31, 1999, the sum of the rates of tax imposed by subsections (b) and (d) shall be reduced (but not increased) to the rate at which the total amount of tax imposed under this Act, net of all credits allowed under this Act, shall equal (i) the total amount of tax that would be imposed on the foreign insurer's net income allocable to Illinois for the taxable year by such foreign insurer's state or country of domicile if that net income were subject to all income taxes and taxes measured by net income imposed by such foreign insurer's state or country of domicile, net of all credits allowed or (ii) a rate of zero if no such tax is imposed on such income by the foreign insurer's state of domicile. For the purposes of this subsection (d-1), an inter-affiliate includes a mutual insurer under common management. (1) For the purposes of subsection (d-1), in no event shall the sum of the rates of tax imposed by subsections (b) and (d) be reduced below the rate at which the sum of: (A) the total amount of tax imposed on such foreign insurer under this Act for a taxable year, net of all credits allowed under this Act, plus (B) the privilege tax imposed by Section 409 of the Illinois Insurance Code, the fire insurance company tax imposed by Section 12 of the Fire Investigation Act, and the fire department taxes imposed under Section 11-10-1 of the Illinois Municipal Code,
[May 30, 2001] 22 equals 1.25% of the net taxable premiums written for the taxable year, as described by subsection (1) of Section 409 of the Illinois Insurance Code. This paragraph will in no event increase the rates imposed under subsections (b) and (d). (2) Any reduction in the rates of tax imposed by this subsection shall be applied first against the rates imposed by subsection (b) and only after the tax imposed by subsection (a) net of all credits allowed under this Section other than the credit allowed under subsection (i) has been reduced to zero, against the rates imposed by subsection (d). This subsection (d-1) is exempt from the provisions of Section 250. (e) Investment credit. A taxpayer shall be allowed a credit against the Personal Property Tax Replacement Income Tax for investment in qualified property. (1) A taxpayer shall be allowed a credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1984. There shall be allowed an additional credit equal to .5% of the basis of qualified property placed in service during the taxable year, provided such property is placed in service on or after July 1, 1986, and the taxpayer's base employment within Illinois has increased by 1% or more over the preceding year as determined by the taxpayer's employment records filed with the Illinois Department of Employment Security. Taxpayers who are new to Illinois shall be deemed to have met the 1% growth in base employment for the first year in which they file employment records with the Illinois Department of Employment Security. The provisions added to this Section by Public Act 85-1200 (and restored by Public Act 87-895) shall be construed as declaratory of existing law and not as a new enactment. If, in any year, the increase in base employment within Illinois over the preceding year is less than 1%, the additional credit shall be limited to that percentage times a fraction, the numerator of which is .5% and the denominator of which is 1%, but shall not exceed .5%. The investment credit shall not be allowed to the extent that it would reduce a taxpayer's liability in any tax year below zero, nor may any credit for qualified property be allowed for any year other than the year in which the property was placed in service in Illinois. For tax years ending on or after December 31, 1987, and on or before December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years if the taxpayer (i) makes investments which cause the creation of a minimum of 2,000 full-time equivalent jobs in Illinois, (ii) is located in an enterprise zone established pursuant to the Illinois Enterprise Zone Act and (iii) is certified by the Department of Commerce and Community Affairs as complying with the requirements specified in clause (i) and (ii) by July 1, 1986. The Department of Commerce and Community Affairs shall notify the Department of Revenue of all such certifications immediately. For tax years ending after December 31, 1988, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit years. The credit shall be applied to the earliest year for which there is
23 [May 30, 2001] a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (2) The term "qualified property" means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings and signs that are real property, but not including land or improvements to real property that are not a structural component of a building such as landscaping, sewer lines, local access roads, fencing, parking lots, and other appurtenances; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (e); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in Illinois by a taxpayer who is primarily engaged in manufacturing, or in mining coal or fluorite, or in retailing; and (E) has not previously been used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (e) or subsection (f). (3) For purposes of this subsection (e), "manufacturing" means the material staging and production of tangible personal property by procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes some existing material into new shapes, new qualities, or new combinations. For purposes of this subsection (e) the term "mining" shall have the same meaning as the term "mining" in Section 613(c) of the Internal Revenue Code. For purposes of this subsection (e), the term "retailing" means the sale of tangible personal property or services rendered in conjunction with the sale of tangible consumer goods or commodities. (4) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (5) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (6) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (7) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the Personal Property Tax Replacement Income Tax for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation and, (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (7), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (8) Unless the investment credit is extended by law, the basis of qualified property shall not include costs incurred after
[May 30, 2001] 24 December 31, 2003, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2003. (9) Each taxable year ending before December 31, 2000, a partnership may elect to pass through to its partners the credits to which the partnership is entitled under this subsection (e) for the taxable year. A partner may use the credit allocated to him or her under this paragraph only against the tax imposed in subsections (c) and (d) of this Section. If the partnership makes that election, those credits shall be allocated among the partners in the partnership in accordance with the rules set forth in Section 704(b) of the Internal Revenue Code, and the rules promulgated under that Section, and the allocated amount of the credits shall be allowed to the partners for that taxable year. The partnership shall make this election on its Personal Property Tax Replacement Income Tax return for that taxable year. The election to pass through the credits shall be irrevocable. For taxable years ending on or after December 31, 2000, a partner that qualifies its partnership for a subtraction under subparagraph (I) of paragraph (2) of subsection (d) of Section 203 or a shareholder that qualifies a Subchapter S corporation for a subtraction under subparagraph (S) of paragraph (2) of subsection (b) of Section 203 shall be allowed a credit under this subsection (e) equal to its share of the credit earned under this subsection (e) during the taxable year by the partnership or Subchapter S corporation, determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. This paragraph is exempt from the provisions of Section 250. (f) Investment credit; Enterprise Zone. (1) A taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for investment in qualified property which is placed in service in an Enterprise Zone created pursuant to the Illinois Enterprise Zone Act. For partners, shareholders of Subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (f) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and Subchapter S of the Internal Revenue Code. The credit shall be .5% of the basis for such property. The credit shall be available only in the taxable year in which the property is placed in service in the Enterprise Zone and shall not be allowed to the extent that it would reduce a taxpayer's liability for the tax imposed by subsections (a) and (b) of this Section to below zero. For tax years ending on or after December 31, 1985, the credit shall be allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as
25 [May 30, 2001] defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (f); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; (D) is used in the Enterprise Zone by the taxpayer; and (E) has not been previously used in Illinois in such a manner and by such a person as would qualify for the credit provided by this subsection (f) or subsection (e). (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in the Enterprise Zone by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside the Enterprise Zone within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade Zone or Sub-Zone. (1) A taxpayer conducting a trade or business in an enterprise zone or a High Impact Business designated by the Department of Commerce and Community Affairs conducting a trade or business in a federally designated Foreign Trade Zone or Sub-Zone shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section in the amount of $500 per eligible employee hired to work in the zone during the taxable year. (2) To qualify for the credit: (A) the taxpayer must hire 5 or more eligible employees to work in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone during the taxable year; (B) the taxpayer's total employment within the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone must increase by 5 or more full-time employees beyond the total employed in that zone at the end of the previous tax year for which a jobs tax credit under this Section was taken, or beyond the total employed by the taxpayer as of December 31, 1985, whichever is later; and (C) the eligible employees must be employed 180 consecutive days in order to be deemed hired for purposes of this subsection. (3) An "eligible employee" means an employee who is: (A) Certified by the Department of Commerce and Community Affairs as "eligible for services" pursuant to regulations promulgated in accordance with Title II of the Job
[May 30, 2001] 26 Training Partnership Act, Training Services for the Disadvantaged or Title III of the Job Training Partnership Act, Employment and Training Assistance for Dislocated Workers Program. (B) Hired after the enterprise zone or federally designated Foreign Trade Zone or Sub-Zone was designated or the trade or business was located in that zone, whichever is later. (C) Employed in the enterprise zone or Foreign Trade Zone or Sub-Zone. An employee is employed in an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone if his services are rendered there or it is the base of operations for the services performed. (D) A full-time employee working 30 or more hours per week. (4) For tax years ending on or after December 31, 1985 and prior to December 31, 1988, the credit shall be allowed for the tax year in which the eligible employees are hired. For tax years ending on or after December 31, 1988, the credit shall be allowed for the tax year immediately following the tax year in which the eligible employees are hired. If the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, earlier credit shall be applied first. (5) The Department of Revenue shall promulgate such rules and regulations as may be deemed necessary to carry out the purposes of this subsection (g). (6) The credit shall be available for eligible employees hired on or after January 1, 1986. (h) Investment credit; High Impact Business. (1) Subject to subsections
27 [May 30, 2001] allowed for the tax year in which the property is placed in service, or, if the amount of the credit exceeds the tax liability for that year, whether it exceeds the original liability or the liability as later amended, such excess may be carried forward and applied to the tax liability of the 5 taxable years following the excess credit year. The credit shall be applied to the earliest year for which there is a liability. If there is credit from more than one tax year that is available to offset a liability, the credit accruing first in time shall be applied first. Changes made in this subdivision (h)(1) by Public Act 88-670 restore changes made by Public Act 85-1182 and reflect existing law. (2) The term qualified property means property which: (A) is tangible, whether new or used, including buildings and structural components of buildings; (B) is depreciable pursuant to Section 167 of the Internal Revenue Code, except that "3-year property" as defined in Section 168(c)(2)(A) of that Code is not eligible for the credit provided by this subsection (h); (C) is acquired by purchase as defined in Section 179(d) of the Internal Revenue Code; and (D) is not eligible for the Enterprise Zone Investment Credit provided by subsection (f) of this Section. (3) The basis of qualified property shall be the basis used to compute the depreciation deduction for federal income tax purposes. (4) If the basis of the property for federal income tax depreciation purposes is increased after it has been placed in service in a federally designated Foreign Trade Zone or Sub-Zone located in Illinois by the taxpayer, the amount of such increase shall be deemed property placed in service on the date of such increase in basis. (5) The term "placed in service" shall have the same meaning as under Section 46 of the Internal Revenue Code. (6) If during any taxable year ending on or before December 31, 1996, any property ceases to be qualified property in the hands of the taxpayer within 48 months after being placed in service, or the situs of any qualified property is moved outside Illinois within 48 months after being placed in service, the tax imposed under subsections (a) and (b) of this Section for such taxable year shall be increased. Such increase shall be determined by (i) recomputing the investment credit which would have been allowed for the year in which credit for such property was originally allowed by eliminating such property from such computation, and (ii) subtracting such recomputed credit from the amount of credit previously allowed. For the purposes of this paragraph (6), a reduction of the basis of qualified property resulting from a redetermination of the purchase price shall be deemed a disposition of qualified property to the extent of such reduction. (7) Beginning with tax years ending after December 31, 1996, if a taxpayer qualifies for the credit under this subsection (h) and thereby is granted a tax abatement and the taxpayer relocates its entire facility in violation of the explicit terms and length of the contract under Section 18-183 of the Property Tax Code, the tax imposed under subsections (a) and (b) of this Section shall be increased for the taxable year in which the taxpayer relocated its facility by an amount equal to the amount of credit received by the taxpayer under this subsection (h). (i) A credit shall be allowed against the tax imposed by subsections (a) and (b) of this Section for the tax imposed by
[May 30, 2001] 28 subsections (c) and (d) of this Section. This credit shall be computed by multiplying the tax imposed by subsections (c) and (d) of this Section by a fraction, the numerator of which is base income allocable to Illinois and the denominator of which is Illinois base income, and further multiplying the product by the tax rate imposed by subsections (a) and (b) of this Section. Any credit earned on or after December 31, 1986 under this subsection which is unused in the year the credit is computed because it exceeds the tax liability imposed by subsections (a) and (b) for that year (whether it exceeds the original liability or the liability as later amended) may be carried forward and applied to the tax liability imposed by subsections (a) and (b) of the 5 taxable years following the excess credit year. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability the earliest credit arising under this subsection shall be applied first. If, during any taxable year ending on or after December 31, 1986, the tax imposed by subsections (c) and (d) of this Section for which a taxpayer has claimed a credit under this subsection (i) is reduced, the amount of credit for such tax shall also be reduced. Such reduction shall be determined by recomputing the credit to take into account the reduced tax imposed by subsection (c) and (d). If any portion of the reduced amount of credit has been carried to a different taxable year, an amended return shall be filed for such taxable year to reduce the amount of credit claimed. (j) Training expense credit. Beginning with tax years ending on or after December 31, 1986, a taxpayer shall be allowed a credit against the tax imposed by subsection (a) and (b) under this Section for all amounts paid or accrued, on behalf of all persons employed by the taxpayer in Illinois or Illinois residents employed outside of Illinois by a taxpayer, for educational or vocational training in semi-technical or technical fields or semi-skilled or skilled fields, which were deducted from gross income in the computation of taxable income. The credit against the tax imposed by subsections (a) and (b) shall be 1.6% of such training expenses. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there shall be allowed a credit under this subsection (j) to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. Any credit allowed under this subsection which is unused in the year the credit is earned may be carried forward to each of the 5 taxable years following the year for which the credit is first computed until it is used. This credit shall be applied first to the earliest year for which there is a liability. If there is a credit under this subsection from more than one tax year that is available to offset a liability the earliest credit arising under this subsection shall be applied first. (k) Research and development credit. Beginning with tax years ending after July 1, 1990, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for increasing research activities in this State. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 6 1/2% of the qualifying expenditures for increasing research activities in this State. For partners, shareholders of subchapter S corporations, and owners of limited liability companies, if the liability company is treated as a partnership for purposes of federal and State income taxation, there
29 [May 30, 2001] shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and subchapter S of the Internal Revenue Code. For purposes of this subsection, "qualifying expenditures" means the qualifying expenditures as defined for the federal credit for increasing research activities which would be allowable under Section 41 of the Internal Revenue Code and which are conducted in this State, "qualifying expenditures for increasing research activities in this State" means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures for the base period, "qualifying expenditures for the base period" means the average of the qualifying expenditures for each year in the base period, and "base period" means the 3 taxable years immediately preceding the taxable year for which the determination is being made. Any credit in excess of the tax liability for the taxable year may be carried forward. A taxpayer may elect to have the unused credit shown on its final completed return carried over as a credit against the tax liability for the following 5 taxable years or until it has been fully used, whichever occurs first. If an unused credit is carried forward to a given year from 2 or more earlier years, that credit arising in the earliest year will be applied first against the tax liability for the given year. If a tax liability for the given year still remains, the credit from the next earliest year will then be applied, and so on, until all credits have been used or no tax liability for the given year remains. Any remaining unused credit or credits then will be carried forward to the next following year in which a tax liability is incurred, except that no credit can be carried forward to a year which is more than 5 years after the year in which the expense for which the credit is given was incurred. Unless extended by law, the credit shall not include costs incurred after December 31, 2004, except for costs incurred pursuant to a binding contract entered into on or before December 31, 2004. No inference shall be drawn from this amendatory Act of the 91st General Assembly in construing this Section for taxable years beginning before January 1, 1999. (l) Environmental Remediation Tax Credit. (i) For tax years ending after December 31, 1997 and on or before December 31, 2001, a taxpayer shall be allowed a credit against the tax imposed by subsections (a) and (b) of this Section for certain amounts paid for unreimbursed eligible remediation costs, as specified in this subsection. For purposes of this Section, "unreimbursed eligible remediation costs" means costs approved by the Illinois Environmental Protection Agency ("Agency") under Section 58.14 of the Environmental Protection Act that were paid in performing environmental remediation at a site for which a No Further Remediation Letter was issued by the Agency and recorded under Section 58.10 of the Environmental Protection Act. The credit must be claimed for the taxable year in which Agency approval of the eligible remediation costs is granted. The credit is not available to any taxpayer if the taxpayer or any related party caused or contributed to, in any material respect, a release of regulated substances on, in, or under the site that was identified and addressed by the remedial action pursuant to the Site Remediation Program of the Environmental Protection Act. After the Pollution Control Board rules are adopted pursuant to the Illinois Administrative Procedure Act for the administration and enforcement of Section 58.9 of the Environmental Protection Act, determinations as to credit availability for purposes of this
[May 30, 2001] 30 Section shall be made consistent with those rules. For purposes of this Section, "taxpayer" includes a person whose tax attributes the taxpayer has succeeded to under Section 381 of the Internal Revenue Code and "related party" includes the persons disallowed a deduction for losses by paragraphs (b), (c), and (f)(1) of Section 267 of the Internal Revenue Code by virtue of being a related taxpayer, as well as any of its partners. The credit allowed against the tax imposed by subsections (a) and (b) shall be equal to 25% of the unreimbursed eligible remediation costs in excess of $100,000 per site, except that the $100,000 threshold shall not apply to any site contained in an enterprise zone as determined by the Department of Commerce and Community Affairs. The total credit allowed shall not exceed $40,000 per year with a maximum total of $150,000 per site. For partners and shareholders of subchapter S corporations, there shall be allowed a credit under this subsection to be determined in accordance with the determination of income and distributive share of income under Sections 702 and 704 and
31 [May 30, 2001] defined in this subsection. "Qualified education expense" means the amount incurred on behalf of a qualifying pupil in excess of $250 for tuition, book fees, and lab fees at the school in which the pupil is enrolled during the regular school year. "School" means any public or nonpublic elementary or secondary school in Illinois that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of Section 26-1 of the School Code, except that nothing shall be construed to require a child to attend any particular public or nonpublic school to qualify for the credit under this Section. "Custodian" means, with respect to qualifying pupils, an Illinois resident who is a parent, the parents, a legal guardian, or the legal guardians of the qualifying pupils. (Source: P.A. 90-123, eff. 7-21-97; 90-458, eff. 8-17-97; 90-605, eff. 6-30-98; 90-655, eff. 7-30-98; 90-717, eff. 8-7-98; 90-792, eff. 1-1-99; 91-9, eff. 1-1-00; 91-357, eff. 7-29-99; 91-643, eff. 8-20-99; 91-644, eff. 8-20-99; 91-860, eff. 6-22-00; 91-913, eff. 1-1-01; revised 10-24-00.) Section 920. The Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 105/9) (from Ch. 120, par. 439.9) Sec. 9. Except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, each retailer required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. A retailer need not remit that part of any tax collected by him to the extent that he is required to remit and does remit the tax imposed by the Retailers' Occupation Tax Act, with respect to the sale of the same property. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the retailer, in collecting the tax (except as to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State), may collect for each tax return period, only the tax applicable to that part of the selling price actually received during such tax return period. Except as provided in this Section, on or before the twentieth day of each calendar month, such retailer shall file a return for the preceding calendar month. Such return shall be filed on forms prescribed by the Department and shall furnish such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following
[May 30, 2001] 32 calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, the Service Use Tax Act was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the
33 [May 30, 2001] 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985, and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987, and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes
[May 30, 2001] 34 the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. If any such payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown by an original monthly return, the Department shall issue to the taxpayer a credit memorandum no later than 30 days after the date of payment, which memorandum may be submitted by the taxpayer to the Department in payment of tax liability subsequently to be remitted by the taxpayer to the Department or be assigned by the taxpayer to a similar taxpayer under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department, except that if such excess payment is shown on an original monthly return and is made after December 31, 1986, no credit memorandum shall be issued, unless requested by the taxpayer. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted by the taxpayer to the Department under this Act, the Retailers' Occupation Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determines that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and the taxpayer shall be liable for penalties and interest on such difference. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February, and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him
35 [May 30, 2001] responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 3-55 of this Act, then that seller may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. The transaction reporting return in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of the Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of the Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft and aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 2 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the date of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to
[May 30, 2001] 36 do so. The transaction reporting return and tax remittance or proof of exemption from the tax that is imposed by this Act may be transmitted to the Department by way of the State agency with which, or State officer with whom, the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer, and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Where a retailer collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the retailer refunds the selling price thereof to the purchaser, such retailer shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the retailer may deduct the amount of the tax so refunded by him to the purchaser from any other use tax which such retailer may be required to pay or remit to the Department, as shown by such return, if the amount of the tax to be deducted was previously remitted to the Department by such retailer. If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no deduction under this Act upon refunding such tax to the purchaser. Any retailer filing a return under this Section shall also include (for the purpose of paying tax thereon) the total tax covered by such return upon the selling price of tangible personal property purchased by him at retail from a retailer, but as to which the tax imposed by
37 [May 30, 2001] this Act was not collected from the retailer filing such return, and such retailer shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable retailers, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the retailer has more than one business registered with the Department under separate registration under this Act, such retailer may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund, a special fund in the State Treasury, 20% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an
[May 30, 2001] 38 amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000
39 [May 30, 2001] 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund .4% of the net revenue realized for the preceding month from the 5% general rate, or .4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy
[May 30, 2001] 40 Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business. For purposes of this paragraph, the term "eligible business" means a new electric generating facility certified pursuant to Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; revised 8-30-00.) Section 925. The Service Use Tax Act is amended by changing Section 9 as follows: (35 ILCS 110/9) (from Ch. 120, par. 439.39) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax (except as otherwise provided) at the time when he is required to file his return for the period during which such tax was collected, less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. A serviceman need not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable Rules and Regulations to be promulgated by the Department. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following
41 [May 30, 2001] calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. If the serviceman is otherwise required to file a monthly return and if the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year.
[May 30, 2001] 42 If the serviceman is otherwise required to file a monthly or quarterly return and if the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Where a serviceman collects the tax with respect to the selling price of property which he sells and the purchaser thereafter returns such property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers' occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. Any serviceman filing a return hereunder shall also include the total tax upon the selling price of tangible personal property purchased for use by him as an incident to a sale of service, and such serviceman shall remit the amount of such tax to the Department when filing such return. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Service Occupation Tax Act, to furnish all the return information required by both Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registration hereunder, such serviceman shall not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each such registered business. Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the State and Local Sales Tax Reform Fund 20% of the net revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property, other than tangible personal property which is purchased outside Illinois at retail from a retailer and which is titled or registered by an agency of this State's government. Beginning August 1, 2000, each month the Department shall pay into
43 [May 30, 2001] the State and Local Sales Tax Reform Fund 100% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as
[May 30, 2001] 44 provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this
45 [May 30, 2001] paragraph shall be made if the tax imposed by this Act on photo processing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business. For purposes of this paragraph, the term "eligible business" means a new electric generating facility certified pursuant to Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. All remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00.) Section 930. The Service Occupation Tax Act is amended by changing Section 9 as follows: (35 ILCS 115/9) (from Ch. 120, par. 439.109) Sec. 9. Each serviceman required or authorized to collect the tax herein imposed shall pay to the Department the amount of such tax at the time when he is required to file his return for the period during which such tax was collectible, less a discount of 2.1% prior to January 1, 1990, and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the serviceman for expenses incurred in collecting the tax, keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Where such tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof, is extended beyond the close of the period for which the return is filed, the serviceman, in collecting the tax may collect, for each tax return period, only the tax applicable to the part of the selling price actually received during such tax return period. Except as provided hereinafter in this Section, on or before the twentieth day of each calendar month, such serviceman shall file a return for the preceding calendar month in accordance with reasonable
[May 30, 2001] 46 rules and regulations to be promulgated by the Department of Revenue. Such return shall be filed on a form prescribed by the Department and shall contain such information as the Department may reasonably require. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in business as a serviceman in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; 5-5. The signature of the taxpayer; and 6. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. A serviceman may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Service Use Tax as provided in Section 3-70 of the Service Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-70 of the Service Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a serviceman as provided in Section 3-70 of the Service Use Tax Act, may be used by that serviceman to satisfy Service Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. If the serviceman's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the serviceman's average monthly tax liability to the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a serviceman may file his return, in the case of any serviceman who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such serviceman shall file a final return under this Act with the Department not more than 1 month after discontinuing such business. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning
47 [May 30, 2001] October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" means the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Where a serviceman collects the tax with respect to the selling price of tangible personal property which he sells and the purchaser thereafter returns such tangible personal property and the serviceman refunds the selling price thereof to the purchaser, such serviceman shall also refund, to the purchaser, the tax so collected from the purchaser. When filing his return for the period in which he refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Occupation Tax, Service Use Tax, Retailers' Occupation Tax or Use Tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman. If the serviceman shall not previously have remitted the amount of such tax to the Department, he shall be entitled to no deduction hereunder upon refunding such tax to the purchaser. If experience indicates such action to be practicable, the Department may prescribe and furnish a combination or joint return which will enable servicemen, who are required to file returns hereunder and also under the Retailers' Occupation Tax Act, the Use Tax Act or the Service Use Tax Act, to furnish all the return information required by all said Acts on the one form. Where the serviceman has more than one business registered with the Department under separate registrations hereunder, such serviceman shall file separate returns for each registered business. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund the revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic
[May 30, 2001] 48 beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the revenue realized for the preceding month from the 6.25% general rate on transfers of tangible personal property. Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers' Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as defined in Section 3 of the Retailers' Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year; and, further provided, that the amounts payable into the Build Illinois Fund under this clause (b) shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act,
49 [May 30, 2001] the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise payable for such fiscal year pursuant to clause (b) of the preceding sentence. The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of the sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month
[May 30, 2001] 50 under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business. For purposes of this paragraph, the term "eligible business" means a new electric generating facility certified pursuant to Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. Remaining moneys received by the Department pursuant to this Act shall be paid into the General Revenue Fund of the State Treasury. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the taxpayer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the taxpayer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The taxpayer's annual return to the Department shall also disclose the cost of goods sold by the taxpayer during the year covered by such return, opening and closing inventories of such goods for such year, cost of goods used from stock or taken from stock and given away by the taxpayer during such year, pay roll information of the taxpayer's business during such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly,
51 [May 30, 2001] quarterly or annual returns filed by such taxpayer as hereinbefore provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The foregoing portion of this Section concerning the filing of an annual information return shall not apply to a serviceman who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, it shall be permissible for manufacturers, importers and wholesalers whose products are sold by numerous servicemen in Illinois, and who wish to do so, to assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the servicemen who are affected do not make written objection to the Department to this arrangement. (Source: P.A. 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00.) Section 935. The Retailers' Occupation Tax Act is amended by changing Section 3 as follows: (35 ILCS 120/3) (from Ch. 120, par. 442) Sec. 3. Except as provided in this Section, on or before the twentieth day of each calendar month, every person engaged in the business of selling tangible personal property at retail in this State during the preceding calendar month shall file a return with the Department, stating: 1. The name of the seller; 2. His residence address and the address of his principal place of business and the address of the principal place of business (if that is a different address) from which he engages in the business of selling tangible personal property at retail in this State; 3. Total amount of receipts received by him during the preceding calendar month or quarter, as the case may be, from sales
[May 30, 2001] 52 of tangible personal property, and from services furnished, by him during such preceding calendar month or quarter; 4. Total amount received by him during the preceding calendar month or quarter on charge and time sales of tangible personal property, and from services furnished, by him prior to the month or quarter for which the return is filed; 5. Deductions allowed by law; 6. Gross receipts which were received by him during the preceding calendar month or quarter and upon the basis of which the tax is imposed; 7. The amount of credit provided in Section 2d of this Act; 8. The amount of tax due; 9. The signature of the taxpayer; and 10. Such other reasonable information as the Department may require. If a taxpayer fails to sign a return within 30 days after the proper notice and demand for signature by the Department, the return shall be considered valid and any amount shown to be due on the return shall be deemed assessed. Each return shall be accompanied by the statement of prepaid tax issued pursuant to Section 2e for which credit is claimed. A retailer may accept a Manufacturer's Purchase Credit certification from a purchaser in satisfaction of Use Tax as provided in Section 3-85 of the Use Tax Act if the purchaser provides the appropriate documentation as required by Section 3-85 of the Use Tax Act. A Manufacturer's Purchase Credit certification, accepted by a retailer as provided in Section 3-85 of the Use Tax Act, may be used by that retailer to satisfy Retailers' Occupation Tax liability in the amount claimed in the certification, not to exceed 6.25% of the receipts subject to tax from a qualifying purchase. The Department may require returns to be filed on a quarterly basis. If so required, a return for each calendar quarter shall be filed on or before the twentieth day of the calendar month following the end of such calendar quarter. The taxpayer shall also file a return with the Department for each of the first two months of each calendar quarter, on or before the twentieth day of the following calendar month, stating: 1. The name of the seller; 2. The address of the principal place of business from which he engages in the business of selling tangible personal property at retail in this State; 3. The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but less all deductions allowed by law; 4. The amount of credit provided in Section 2d of this Act; 5. The amount of tax due; and 6. Such other reasonable information as the Department may require. If a total amount of less than $1 is payable, refundable or creditable, such amount shall be disregarded if it is less than 50 cents and shall be increased to $1 if it is 50 cents or more. Beginning October 1, 1993, a taxpayer who has an average monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1994, a taxpayer who has an average monthly tax liability of $100,000 or more shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 1995, a taxpayer who has an average monthly tax liability of $50,000 or more
53 [May 30, 2001] shall make all payments required by rules of the Department by electronic funds transfer. Beginning October 1, 2000, a taxpayer who has an annual tax liability of $200,000 or more shall make all payments required by rules of the Department by electronic funds transfer. The term "annual tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year. The term "average monthly tax liability" shall be the sum of the taxpayer's liabilities under this Act, and under all other State and local occupation and use tax laws administered by the Department, for the immediately preceding calendar year divided by 12. Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer. All taxpayers required to make payments by electronic funds transfer shall make those payments for a minimum of one year beginning on October 1. Any taxpayer not required to make payments by electronic funds transfer may make payments by electronic funds transfer with the permission of the Department. All taxpayers required to make payment by electronic funds transfer and any taxpayers authorized to voluntarily make payments by electronic funds transfer shall make those payments in the manner authorized by the Department. The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section. Any amount which is required to be shown or reported on any return or other document under this Act shall, if such amount is not a whole-dollar amount, be increased to the nearest whole-dollar amount in any case where the fractional part of a dollar is 50 cents or more, and decreased to the nearest whole-dollar amount where the fractional part of a dollar is less than 50 cents. If the retailer is otherwise required to file a monthly return and if the retailer's average monthly tax liability to the Department does not exceed $200, the Department may authorize his returns to be filed on a quarter annual basis, with the return for January, February and March of a given year being due by April 20 of such year; with the return for April, May and June of a given year being due by July 20 of such year; with the return for July, August and September of a given year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year. If the retailer is otherwise required to file a monthly or quarterly return and if the retailer's average monthly tax liability with the Department does not exceed $50, the Department may authorize his returns to be filed on an annual basis, with the return for a given year being due by January 20 of the following year. Such quarter annual and annual returns, as to form and substance, shall be subject to the same requirements as monthly returns. Notwithstanding any other provision in this Act concerning the time within which a retailer may file his return, in the case of any retailer who ceases to engage in a kind of business which makes him responsible for filing returns under this Act, such retailer shall file a final return under this Act with the Department not more than one month after discontinuing such business. Where the same person has more than one business registered with the Department under separate registrations under this Act, such person may not file each return that is due as a single return covering all such registered businesses, but shall file separate returns for each
[May 30, 2001] 54 such registered business. In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle retailer or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 2-5 of this Act, then that seller may report the transfer of all aircraft, watercraft, motor vehicles or trailers involved in that transaction to the Department on the same uniform invoice-transaction reporting return form. For purposes of this Section, "watercraft" means a Class 2, Class 3, or Class 4 watercraft as defined in Section 3-2 of the Boat Registration and Safety Act, a personal watercraft, or any boat equipped with an inboard motor. Any retailer who sells only motor vehicles, watercraft, aircraft, or trailers that are required to be registered with an agency of this State, so that all retailers' occupation tax liability is required to be reported, and is reported, on such transaction reporting returns and who is not otherwise required to file monthly or quarterly returns, need not file monthly or quarterly returns. However, those retailers shall be required to file returns on an annual basis. The transaction reporting return, in the case of motor vehicles or trailers that are required to be registered with an agency of this State, shall be the same document as the Uniform Invoice referred to in Section 5-402 of The Illinois Vehicle Code and must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale; a sufficient identification of the property sold; such other information as is required in Section 5-402 of The Illinois Vehicle Code, and such other information as the Department may reasonably require. The transaction reporting return in the case of watercraft or aircraft must show the name and address of the seller; the name and address of the purchaser; the amount of the selling price including the amount allowed by the retailer for traded-in property, if any; the amount allowed by the retailer for the traded-in tangible personal property, if any, to the extent to which Section 1 of this Act allows an exemption for the value of traded-in property; the balance payable after deducting such trade-in allowance from the total selling price; the amount of tax due from the retailer with respect to such transaction; the amount of tax collected from the purchaser by the retailer on such transaction (or satisfactory evidence that such tax is not due in that particular instance, if that is claimed to be the fact); the place and date of the sale, a sufficient identification of
55 [May 30, 2001] the property sold, and such other information as the Department may reasonably require. Such transaction reporting return shall be filed not later than 20 days after the day of delivery of the item that is being sold, but may be filed by the retailer at any time sooner than that if he chooses to do so. The transaction reporting return and tax remittance or proof of exemption from the Illinois use tax may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered (if titling or registration is required) if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. With each such transaction reporting return, the retailer shall remit the proper amount of tax due (or shall submit satisfactory evidence that the sale is not taxable if that is the case), to the Department or its agents, whereupon the Department shall issue, in the purchaser's name, a use tax receipt (or a certificate of exemption if the Department is satisfied that the particular sale is tax exempt) which such purchaser may submit to the agency with which, or State officer with whom, he must title or register the tangible personal property that is involved (if titling or registration is required) in support of such purchaser's application for an Illinois certificate or other evidence of title or registration to such tangible personal property. No retailer's failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer. The Department shall adopt appropriate rules to carry out the mandate of this paragraph. If the user who would otherwise pay tax to the retailer wants the transaction reporting return filed and the payment of the tax or proof of exemption made to the Department before the retailer is willing to take these actions and such user has not paid the tax to the retailer, such user may certify to the fact of such delay by the retailer and may (upon the Department being satisfied of the truth of such certification) transmit the information required by the transaction reporting return and the remittance for tax or proof of exemption directly to the Department and obtain his tax receipt or exemption determination, in which event the transaction reporting return and tax remittance (if a tax payment was required) shall be credited by the Department to the proper retailer's account with the Department, but without the 2.1% or 1.75% discount provided for in this Section being allowed. When the user pays the tax directly to the Department, he shall pay the tax in the same amount and in the same form in which it would be remitted if the tax had been remitted to the Department by the retailer. Refunds made by the seller during the preceding return period to purchasers, on account of tangible personal property returned to the seller, shall be allowed as a deduction under subdivision 5 of his monthly or quarterly return, as the case may be, in case the seller had theretofore included the receipts from the sale of such tangible personal property in a return filed by him and had paid the tax imposed by this Act with respect to such receipts. Where the seller is a corporation, the return filed on behalf of such corporation shall be signed by the president, vice-president, secretary or treasurer or by the properly accredited agent of such corporation. Where the seller is a limited liability company, the return filed
[May 30, 2001] 56 on behalf of the limited liability company shall be signed by a manager, member, or properly accredited agent of the limited liability company. Except as provided in this Section, the retailer filing the return under this Section shall, at the time of filing such return, pay to the Department the amount of tax imposed by this Act less a discount of 2.1% prior to January 1, 1990 and 1.75% on and after January 1, 1990, or $5 per calendar year, whichever is greater, which is allowed to reimburse the retailer for the expenses incurred in keeping records, preparing and filing returns, remitting the tax and supplying data to the Department on request. Any prepayment made pursuant to Section 2d of this Act shall be included in the amount on which such 2.1% or 1.75% discount is computed. In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such discount shall be taken with each such tax remittance instead of when such retailer files his periodic return. Before October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $10,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. On and after October 1, 2000, if the taxpayer's average monthly tax liability to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act, and the Service Use Tax Act, excluding any liability for prepaid sales tax to be remitted in accordance with Section 2d of this Act, was $20,000 or more during the preceding 4 complete calendar quarters, he shall file a return with the Department each month by the 20th day of the month next following the month during which such tax liability is incurred and shall make payment to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer's actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period). If the month during which such tax liability is incurred begins on or after January 1, 1985 and prior to January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1987 and prior to January 1, 1988, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1988, and prior to January 1, 1989, or begins on or after January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year. If the month during which such tax liability is incurred begins on or after January 1, 1989, and prior to January 1, 1996, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 25% of the taxpayer's liability for the same calendar month of the preceding year or 100% of
57 [May 30, 2001] the taxpayer's actual liability for the quarter monthly reporting period. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month. Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $10,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $10,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. On and after October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department by taxpayers having an average monthly tax liability of $20,000 or more as determined in the manner provided above shall continue until such taxpayer's average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $19,000 or until such taxpayer's average monthly liability to the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $20,000. However, if a taxpayer can show the Department that a substantial change in the taxpayer's business has occurred which causes the taxpayer to anticipate that his average monthly tax liability for the reasonably foreseeable future will fall below the $20,000 threshold stated above, then such taxpayer may petition the Department for a change in such taxpayer's reporting status. The Department shall change such taxpayer's reporting status unless it finds that such change is seasonal in nature and not likely to be long term. If any such quarter monthly payment is not paid at the time or in the amount required by this Section, then the taxpayer shall be liable for penalties and interest on the difference between the minimum amount due as a payment and the amount of such quarter monthly payment actually and timely paid, except insofar as the taxpayer has previously made payments for that month to the Department in excess of the minimum payments previously due as provided in this Section. The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file on other than a calendar monthly basis. Without regard to whether a taxpayer is required to make quarter monthly payments as specified above, any taxpayer who is required by Section 2d of this Act to collect and remit prepaid taxes and has collected prepaid taxes which average in excess of $25,000 per month during the preceding 2 complete calendar quarters, shall file a return with the Department as required by Section 2f and shall make payments to the Department on or before the 7th, 15th, 22nd and last day of the month during which such liability is incurred. If the month during which such tax liability is incurred began prior to the effective date of this amendatory Act of 1985, each payment shall be in an amount not less than 22.5% of the taxpayer's actual liability under Section 2d. If the month during which such tax liability is incurred begins on or after January 1, 1986, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 27.5% of the taxpayer's liability for the same calendar month of the preceding
[May 30, 2001] 58 calendar year. If the month during which such tax liability is incurred begins on or after January 1, 1987, each payment shall be in an amount equal to 22.5% of the taxpayer's actual liability for the month or 26.25% of the taxpayer's liability for the same calendar month of the preceding year. The amount of such quarter monthly payments shall be credited against the final tax liability of the taxpayer's return for that month filed under this Section or Section 2f, as the case may be. Once applicable, the requirement of the making of quarter monthly payments to the Department pursuant to this paragraph shall continue until such taxpayer's average monthly prepaid tax collections during the preceding 2 complete calendar quarters is $25,000 or less. If any such quarter monthly payment is not paid at the time or in the amount required, the taxpayer shall be liable for penalties and interest on such difference, except insofar as the taxpayer has previously made payments for that month in excess of the minimum payments previously due. If any payment provided for in this Section exceeds the taxpayer's liabilities under this Act, the Use Tax Act, the Service Occupation Tax Act and the Service Use Tax Act, as shown on an original monthly return, the Department shall, if requested by the taxpayer, issue to the taxpayer a credit memorandum no later than 30 days after the date of payment. The credit evidenced by such credit memorandum may be assigned by the taxpayer to a similar taxpayer under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations to be prescribed by the Department. If no such request is made, the taxpayer may credit such excess payment against tax liability subsequently to be remitted to the Department under this Act, the Use Tax Act, the Service Occupation Tax Act or the Service Use Tax Act, in accordance with reasonable rules and regulations prescribed by the Department. If the Department subsequently determined that all or any part of the credit taken was not actually due to the taxpayer, the taxpayer's 2.1% and 1.75% vendor's discount shall be reduced by 2.1% or 1.75% of the difference between the credit taken and that actually due, and that taxpayer shall be liable for penalties and interest on such difference. If a retailer of motor fuel is entitled to a credit under Section 2d of this Act which exceeds the taxpayer's liability to the Department under this Act for the month which the taxpayer is filing a return, the Department shall issue the taxpayer a credit memorandum for the excess. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund, a special fund in the State treasury which is hereby created, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by diabetics. Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund, a special fund in the State treasury which is hereby created, 4% of the net revenue realized for the preceding month from the 6.25% general rate. Beginning August 1, 2000, each month the Department shall pay into the County and Mass Transit District Fund 20% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Beginning January 1, 1990, each month the Department shall pay into the Local Government Tax Fund 16% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property.
59 [May 30, 2001] Beginning August 1, 2000, each month the Department shall pay into the Local Government Tax Fund 80% of the net revenue realized for the preceding month from the 1.25% rate on the selling price of motor fuel and gasohol. Of the remainder of the moneys received by the Department pursuant to this Act, (a) 1.75% thereof shall be paid into the Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on and after July 1, 1989, 3.8% thereof shall be paid into the Build Illinois Fund; provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to this Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be less than the Annual Specified Amount (as hereinafter defined), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; the "Annual Specified Amount" means the amounts specified below for fiscal years 1986 through 1993: Fiscal Year Annual Specified Amount 1986 $54,800,000 1987 $76,650,000 1988 $80,480,000 1989 $88,510,000 1990 $115,330,000 1991 $145,470,000 1992 $182,730,000 1993 $206,520,000; and means the Certified Annual Debt Service Requirement (as defined in Section 13 of the Build Illinois Bond Act) or the Tax Act Amount, whichever is greater, for fiscal year 1994 and each fiscal year thereafter; and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts; and, further provided, that in no event shall the payments required under the preceding proviso result in aggregate payments into the Build Illinois Fund pursuant to this clause (b) for any fiscal year in excess of the greater of (i) the Tax Act Amount or (ii) the Annual Specified Amount for such fiscal year. The amounts payable into the Build Illinois Fund under clause (b) of the first sentence in this paragraph shall be payable only until such time as the aggregate amount on deposit under each trust indenture securing Bonds issued and outstanding pursuant to the Build Illinois Bond Act is sufficient, taking into account any future investment income, to fully provide, in accordance with such indenture, for the defeasance of or the payment of the principal of, premium, if any, and interest on the Bonds secured by such indenture and on any Bonds expected to be issued thereafter and all fees and costs payable with respect thereto, all as certified by the Director of the Bureau of the Budget. If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be
[May 30, 2001] 60 less than the amount required to be transferred in such month from the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund; provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the first sentence of this paragraph and shall reduce the amount otherwise payable for such fiscal year pursuant to that clause (b). The moneys received by the Department pursuant to this Act and required to be deposited into the Build Illinois Fund are subject to the pledge, claim and charge set forth in Section 12 of the Build Illinois Bond Act. Subject to payment of amounts into the Build Illinois Fund as provided in the preceding paragraph or in any amendment thereto hereafter enacted, the following specified monthly installment of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority provided under Section 8.25f of the State Finance Act, but not in excess of sums designated as "Total Deposit", shall be deposited in the aggregate from collections under Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, Section 9 of the Service Occupation Tax Act, and Section 3 of the Retailers' Occupation Tax Act into the McCormick Place Expansion Project Fund in the specified fiscal years. Fiscal Year Total Deposit 1993 $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 84,000,000 2003 89,000,000 2004 93,000,000 2005 97,000,000 2006 102,000,000 2007 108,000,000 2008 115,000,000 2009 120,000,000 2010 126,000,000 2011 132,000,000 2012 138,000,000 2013 and 145,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2029. Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits
61 [May 30, 2001] required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited. Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the preceding paragraphs or in any amendment thereto hereafter enacted, each month the Department shall pay into the Local Government Distributive Fund 0.4% of the net revenue realized for the preceding month from the 5% general rate or 0.4% of 80% of the net revenue realized for the preceding month from the 6.25% general rate, as the case may be, on the selling price of tangible personal property which amount shall, subject to appropriation, be distributed as provided in Section 2 of the State Revenue Sharing Act. No payments or distributions pursuant to this paragraph shall be made if the tax imposed by this Act on photoprocessing products is declared unconstitutional, or if the proceeds from such tax are unavailable for distribution because of litigation. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property. Subject to payment of amounts into the Build Illinois Fund, the McCormick Place Expansion Project Fund, and the Local Government Distributive Fund pursuant to the preceding paragraphs or in any amendments thereto hereafter enacted, beginning with the receipt of the first report of taxes paid by an eligible business and continuing for a 25-year period, the Department shall each month pay into the Energy Infrastructure Fund 80% of the net revenue realized from the 6.25% general rate on the selling price of Illinois-mined coal that was sold to an eligible business. For purposes of this paragraph, the term "eligible business" means a new electric generating facility certified pursuant to Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. Of the remainder of the moneys received by the Department pursuant to this Act, 75% thereof shall be paid into the State Treasury and 25% shall be reserved in a special account and used only for the transfer to the Common School Fund as part of the monthly transfer from the General Revenue Fund in accordance with Section 8a of the State Finance Act. The Department may, upon separate written notice to a taxpayer, require the taxpayer to prepare and file with the Department on a form prescribed by the Department within not less than 60 days after receipt of the notice an annual information return for the tax year specified in the notice. Such annual return to the Department shall include a statement of gross receipts as shown by the retailer's last Federal income tax return. If the total receipts of the business as reported in the Federal income tax return do not agree with the gross receipts reported to the Department of Revenue for the same period, the retailer shall attach to his annual return a schedule showing a reconciliation of the 2 amounts and the reasons for the difference. The retailer's annual return to the Department shall also disclose the cost of goods sold by the retailer during the year covered by such return, opening and closing inventories of such goods for such year, costs of goods used from stock or taken from stock and given away by the retailer during such year, payroll information of the retailer's business during
[May 30, 2001] 62 such year and any additional reasonable information which the Department deems would be helpful in determining the accuracy of the monthly, quarterly or annual returns filed by such retailer as provided for in this Section. If the annual information return required by this Section is not filed when and as required, the taxpayer shall be liable as follows: (i) Until January 1, 1994, the taxpayer shall be liable for a penalty equal to 1/6 of 1% of the tax due from such taxpayer under this Act during the period to be covered by the annual return for each month or fraction of a month until such return is filed as required, the penalty to be assessed and collected in the same manner as any other penalty provided for in this Act. (ii) On and after January 1, 1994, the taxpayer shall be liable for a penalty as described in Section 3-4 of the Uniform Penalty and Interest Act. The chief executive officer, proprietor, owner or highest ranking manager shall sign the annual return to certify the accuracy of the information contained therein. Any person who willfully signs the annual return containing false or inaccurate information shall be guilty of perjury and punished accordingly. The annual return form prescribed by the Department shall include a warning that the person signing the return may be liable for perjury. The provisions of this Section concerning the filing of an annual information return do not apply to a retailer who is not required to file an income tax return with the United States Government. As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month. Beginning April 1, 2000, this transfer is no longer required and shall not be made. Net revenue realized for a month shall be the revenue collected by the State pursuant to this Act, less the amount paid out during that month as refunds to taxpayers for overpayment of liability. For greater simplicity of administration, manufacturers, importers and wholesalers whose products are sold at retail in Illinois by numerous retailers, and who wish to do so, may assume the responsibility for accounting and paying to the Department all tax accruing under this Act with respect to such sales, if the retailers who are affected do not make written objection to the Department to this arrangement. Any person who promotes, organizes, provides retail selling space for concessionaires or other types of sellers at the Illinois State Fair, DuQuoin State Fair, county fairs, local fairs, art shows, flea markets and similar exhibitions or events, including any transient merchant as defined by Section 2 of the Transient Merchant Act of 1987, is required to file a report with the Department providing the name of the merchant's business, the name of the person or persons engaged in merchant's business, the permanent address and Illinois Retailers Occupation Tax Registration Number of the merchant, the dates and location of the event and other reasonable information that the Department may require. The report must be filed not later than the 20th day of the month next following the month during which the event with retail sales was held. Any person who fails to file a report required by this Section commits a business offense and is subject to a fine not to exceed $250. Any person engaged in the business of selling tangible personal property at retail as a concessionaire or other type of seller at the Illinois State Fair, county fairs, art shows, flea markets and similar
63 [May 30, 2001] exhibitions or events, or any transient merchants, as defined by Section 2 of the Transient Merchant Act of 1987, may be required to make a daily report of the amount of such sales to the Department and to make a daily payment of the full amount of tax due. The Department shall impose this requirement when it finds that there is a significant risk of loss of revenue to the State at such an exhibition or event. Such a finding shall be based on evidence that a substantial number of concessionaires or other sellers who are not residents of Illinois will be engaging in the business of selling tangible personal property at retail at the exhibition or event, or other evidence of a significant risk of loss of revenue to the State. The Department shall notify concessionaires and other sellers affected by the imposition of this requirement. In the absence of notification by the Department, the concessionaires and other sellers shall file their returns as otherwise required in this Section. (Source: P.A. 90-491, eff. 1-1-99; 90-612, eff. 7-8-98; 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101, eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00; 91-901, eff. 1-1-01; revised 1-15-01.) Section 940. The Property Tax Code is amended by changing Section 18-165 as follows: (35 ILCS 200/18-165) Sec. 18-165. Abatement of taxes. (a) Any taxing district, upon a majority vote of its governing authority, may, after the determination of the assessed valuation of its property, order the clerk of that county to abate any portion of its taxes on the following types of property: (1) Commercial and industrial. (A) The property of any commercial or industrial firm, including but not limited to the property of (i) any firm that is used for collecting, separating, storing, or processing recyclable materials, locating within the taxing district during the immediately preceding year from another state, territory, or country, or having been newly created within this State during the immediately preceding year, or expanding an existing facility, or (ii) any firm that is used for the generation and transmission of electricity locating within the taxing district during the immediately preceding year or expanding its presence within the taxing district during the immediately preceding year by construction of a new electric generating facility that uses natural gas as its fuel, or any firm that is used for production operations at a new, expanded, or reopened coal mine within the taxing district, that has been certified as a High Impact Business by the Illinois Department of Commerce and Community Affairs. The property of any firm used for the generation and transmission of electricity shall include all property of the firm used for transmission facilities as defined in Section 5.5 of the Illinois Enterprise Zone Act. The abatement shall not exceed a period of 10 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $4,000,000. (A-5) Any property in the taxing district of a new electric generating facility, as defined in Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois. The abatement shall not exceed a period of 10 years. The abatement shall be subject to the following limitations: (i) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $25,000,000 but less than $50,000,000, then the abatement may not exceed (i) over the entire term of the abatement,
[May 30, 2001] 64 5% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 20% of the taxing district's taxes from the new electric generating facility; (ii) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $50,000,000 but less than $75,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 10% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 35% of the taxing district's taxes from the new electric generating facility; (iii) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $75,000,000 but less than $100,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 20% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 50% of the taxing district's taxes from the new electric generating facility; (iv) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $100,000,000 but less than $125,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 30% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 60% of the taxing district's taxes from the new electric generating facility; (v) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $125,000,000 but less than $150,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 40% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 60% of the taxing district's taxes from the new electric generating facility; (vi) if the equalized assessed valuation of the new electric generating facility is equal to or greater than $150,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 50% of the taxing district's aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 60% of the taxing district's taxes from the new electric generating facility. The abatement is not effective unless the owner of the new electric generating facility agrees to repay to the taxing district all amounts previously abated, together with interest computed at the rate and in the manner provided for delinquent taxes, in the event that the owner of the new electric generating facility closes the new electric generating facility before the expiration of the entire term of the abatement. The authorization of taxing districts to abate taxes under this subdivision (a)(1)(A-5) expires on January 1, 2010.
65 [May 30, 2001] (C) The property of any commercial or industrial firm currently located in the taxing district that expands a facility or its number of employees. The abatement shall not exceed a period of 10 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $4,000,000. The abatement period may be renewed at the option of the taxing districts. (2) Horse racing. Any property in the taxing district which is used for the racing of horses and upon which capital improvements consisting of expansion, improvement or replacement of existing facilities have been made since July 1, 1987. The combined abatements for such property from all taxing districts in any county shall not exceed $5,000,000 annually and shall not exceed a period of 10 years. (3) Auto racing. Any property designed exclusively for the racing of motor vehicles. Such abatement shall not exceed a period of 10 years. (4) Academic or research institute. The property of any academic or research institute in the taxing district that (i) is an exempt organization under paragraph (3) of Section 501(c) of the Internal Revenue Code, (ii) operates for the benefit of the public by actually and exclusively performing scientific research and making the results of the research available to the interested public on a non-discriminatory basis, and (iii) employs more than 100 employees. An abatement granted under this paragraph shall be for at least 15 years and the aggregate amount of abated taxes for all taxing districts combined shall not exceed $5,000,000. (5) Housing for older persons. Any property in the taxing district that is devoted exclusively to affordable housing for older households. For purposes of this paragraph, "older households" means those households (i) living in housing provided under any State or federal program that the Department of Human Rights determines is specifically designed and operated to assist elderly persons and is solely occupied by persons 55 years of age or older and (ii) whose annual income does not exceed 80% of the area gross median income, adjusted for family size, as such gross income and median income are determined from time to time by the United States Department of Housing and Urban Development. The abatement shall not exceed a period of 15 years, and the aggregate amount of abated taxes for all taxing districts shall not exceed $3,000,000. (6) Historical society. For assessment years 1998 through 2000, the property of an historical society qualifying as an exempt organization under Section 501(c)(3) of the federal Internal Revenue Code. (7) Recreational facilities. Any property in the taxing district (i) that is used for a municipal airport, (ii) that is subject to a leasehold assessment under Section 9-195 of this Code and (iii) which is sublet from a park district that is leasing the property from a municipality, but only if the property is used exclusively for recreational facilities or for parking lots used exclusively for those facilities. The abatement shall not exceed a period of 10 years. (b) Upon a majority vote of its governing authority, any municipality may, after the determination of the assessed valuation of its property, order the county clerk to abate any portion of its taxes on any property that is located within the corporate limits of the municipality in accordance with Section 8-3-18 of the Illinois Municipal Code. (Source: P.A. 90-46, eff. 7-3-97; 90-415, eff. 8-15-97; 90-568, eff.
[May 30, 2001] 66 1-1-99; 90-655, eff. 7-30-98; 91-644, eff. 8-20-99; 91-885, eff. 7-6-00.) Section 945. The Public Utilities Act is amended by changing Sections 9-222, 9-222.1A, and 16-126 as follows: (220 ILCS 5/9-222) (from Ch. 111 2/3, par. 9-222) Sec. 9-222. Whenever a tax is imposed upon a public utility engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption pursuant to Section 2 of the Gas Revenue Tax Act, or whenever a tax is required to be collected by a delivering supplier pursuant to Section 2-7 of the Electricity Excise Tax Act, or whenever a tax is imposed upon a public utility pursuant to Section 2-202 of this Act, such utility may charge its customers, other than customers who are high impact businesses under Section 5.5 of the Illinois Enterprise Zone Act, or certified business enterprises under Section 9-222.1 of this Act, to the extent of such exemption and during the period in which such exemption is in effect, in addition to any rate authorized by this Act, an additional charge equal to the total amount of such taxes. The exemption of this Section relating to high impact businesses shall be subject to the provisions of subsections (a),
67 [May 30, 2001] in Illinois; or (B) it meets the criteria of subdivision (a)(3)(B), (a)(3)(C), or (a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone Act; (2) it is designated as a High Impact Business by the Department of Commerce and Community Affairs; and (3) it is certified by the Department of Commerce and Community Affairs as complying with the requirements specified in clauses (1) and (2) of this Section. The Department of Commerce and Community Affairs shall determine the period during which the exemption from the Electricity Excise Tax Law and the charges imposed under Section 9-222 are in effect, which shall not exceed 20 years from the date of initial certification, and shall specify the percentage of the exemption from those taxes or additional charges. The Department of Commerce and Community Affairs is authorized to promulgate rules and regulations to carry out the provisions of this Section, including procedures for complying with the requirements specified in clauses (1) and (2) of this Section and procedures for applying for the exemptions authorized under this Section; to define the amounts and types of eligible investments that business enterprises must make in order to receive State utility tax exemptions or exemptions from the additional charges imposed under Section 9-222 and this Section; to approve such utility tax exemptions for business enterprises whose investments are not yet placed in service; and to require that business enterprises granted tax exemptions or exemptions from additional charges under Section 9-222 repay the exempted amount if the business enterprise fails to comply with the terms and conditions of the certification. Upon certification of the business enterprises by the Department of Commerce and Community Affairs, the Department of Commerce and Community Affairs shall notify the Department of Revenue of the certification. The Department of Revenue shall notify the public utilities of the exemption status of business enterprises from the tax or pass-on charges of State utility taxes. The exemption status shall take effect within 3 months after certification of the business enterprise. (Source: P.A. 91-914, eff. 7-7-00.) (220 ILCS 5/16-126) Sec. 16-126. Membership in an independent system operator. (a) The General Assembly finds that the establishment of one or more independent system operators or their functional equivalents is required to facilitate the development of an open and efficient marketplace for electric power and energy to the benefit of Illinois consumers. Therefore, each Illinois electric utility owning or controlling transmission facilities or providing transmission services in Illinois and that is a member of the Mid-American Interconnected Network as of the effective date of this amendatory Act of 1997 shall submit for approval to the Federal Energy Regulatory Commission an application for establishing or joining an independent system operator that shall: (1) independently manage and control transmission facilities of any electric utility; (2) provide for nondiscriminatory access to and use of the transmission system for buyers and sellers of electricity; (3) direct the transmission activities of the control area operators; (4) coordinate, plan, and order the installation of new transmission facilities; (5) adopt inspection, maintenance, repair, and replacement
[May 30, 2001] 68 standards for the transmission facilities under its control and direct maintenance, repair, and replacement of all facilities under its control; and (6) implement procedures and act to assure the provision of adequate and reliable service. These standards shall be consistent with reliability criteria no less stringent than those established by the Mid-American Interconnected Network and the North American Electric Reliability Council or their successors. (b) The requirements of this Section may be met by joining or establishing a regional independent system operator that meets the criteria enumerated in subsections (a), (c), and (d) of this Section, as determined by the Commission. To achieve the objectives set forth in subsection (a), the State of Illinois, through the appropriate officers, departments, and agencies, shall work cooperatively with the appropriate officials and agencies of those States contiguous to this State and the Federal Energy Regulatory Commission towards the formation of one or more regional independent system operators. (c) The independent system operator's governance structure must be fair and nondiscriminatory, and the independent system operator must be independent of any one market participant or class of participants. The independent system operator's rules of governance must prevent control, or the appearance of control, of decision-making by any class of participants. (d) Participants in the independent system operator shall make available to the independent system operator all information required by the independent system operator in performance of its functions described herein. The independent system operator and the electric utilities participating in the independent system operator shall make all filings required by the Federal Energy Regulatory Commission. The independent system operator shall ensure that additional filings at the Federal Energy Regulatory Commission request confirmation of the relevant provisions of this amendatory Act of 1997. (e) If a spot market, exchange market, or other market-based mechanism providing transparent real-time market prices for electric power has not been developed, the independent system operator or a closely cooperating agent of the independent system operator may provide an efficient competitive power exchange auction for electric power and energy, open on a nondiscriminatory basis to all suppliers, which meets the loads of all auction customers at efficient prices. (f) For those electric utilities referred to in subsection (a) which have not filed with the Federal Energy Regulatory Commission by June 30, 1998 an application for establishment or participation in an independent system operator or if such application has not been approved by the Federal Energy Regulatory Commission by March 31, 1999, a 5 member Oversight Board shall be formed. The Oversight Board shall (1) oversee the creation of an Illinois independent system operator and (2) determine the composition and initial terms of service of, and appoint the initial members of, the Illinois independent system operator board of directors. The Oversight Board shall consist of the following: (1) 3 persons appointed by the Governor; (2) one person appointed by the Speaker of the House of Representatives; and (3) one person appointed by the President of the Senate. The Oversight Board shall take the steps that are necessary to ensure the earliest possible incorporation of an Illinois independent system operator under the Business Corporation Act of 1983, and shall serve until the Illinois independent system operator is incorporated. (g) After notice and hearing, the Commission shall require each electric utility referred to in subsection (a), that is not participating in an independent system operator meeting the
69 [May 30, 2001] requirements of subsections (a) and (c), to seek authority from the Federal Energy Regulatory Commission to transfer functional control of transmission facilities to the Illinois independent system operator for control by the Illinois independent system operator consistent with the requirements of subsection (a). Upon approval by the Federal Energy Regulatory Commission, electric utilities may also elect to transfer ownership of transmission facilities to the Illinois independent system operator. Nothing in this Act shall be deemed to preclude the Illinois independent system operator from (1) seeking authority, as necessary, to merge with or otherwise combine its operations with those of one or more other entities authorized to provide transmission services, (2) purchasing or leasing transmission assets from transmission-owning entities not required by this Section to lease transmission facilities to the Illinois independent system operator, or (3) operating as a transmission public utility under the Federal Power Act. (h) Any other owner of transmission facilities in Illinois not required by this Section to participate in an independent system operator shall be permitted, but not required, to become a member of the Illinois independent system operator. (i) The Illinois independent system operator created under this Section, and any other independent system operator authorized by the Federal Energy Regulatory Commission to provide transmission services as a public utility under the Federal Power Act within the State of Illinois, shall be deemed to be a public utility for purposes of Section 8-503 and 8-509 of this Act. An independent system operator or regional transmission organization that is the subject of an order entered by the Commission under Section 8-503 need not possess a certificate of service authority under Section 8-406 in order to be authorized to take the actions set forth in Section 8-509. (j) Electric utilities referred to in subsection (a) may withdraw from the Illinois independent system operator upon becoming a member of an independent system operator or operators conforming with the criteria in subsections (a) and (c) and whose formation and operation has been approved by the Federal Energy Regulatory Commission. This subsection does not relieve any electric utility of any obligations under Federal law. (k) Nothing in this Section shall be construed as imposing any requirements or obligations that are in conflict with federal law. (l) A regional transmission organization created under the rules of the Federal Energy Regulatory Commission shall be considered to be the functional equivalent of an independent system operator for purposes of this Section, and an electric utility shall be deemed to meet its obligations under this Section through membership in a regional transmission organization that fulfills the requirements of an independent system operator under this Section. (Source: P.A. 90-561, eff. 12-16-97.) Section 950. The Environmental Protection Act is amended by changing Section 9.9 and adding Section 9.10 as follows: (415 ILCS 5/9.9) Sec. 9.9. Nitrogen oxides trading system. (a) The General Assembly finds: (1) That USEPA has issued a Final Rule published in the Federal Register on October 27, 1998, entitled "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone", hereinafter referred to as the "NOx SIP Call", compliance with which will require reducing emissions of nitrogen oxides ("NOx"); (2) That reducing emissions of NOx in the State helps the State to meet the national ambient air quality standard for ozone;
[May 30, 2001] 70 (3) That emissions trading is a cost-effective means of obtaining reductions of NOx emissions. (b) The Agency shall propose and the Board shall adopt regulations to implement an interstate NOx trading program (hereinafter referred to as the "NOx Trading Program") as provided for in 40 CFR Part 96, including incorporation by reference of appropriate provisions of 40 CFR Part 96 and regulations to address 40 CFR Section 96.4(b), Section 96.55(c), Subpart E, and Subpart I. In addition, the Agency shall propose and the Board shall adopt regulations to implement NOx emission reduction programs for cement kilns and stationary internal combustion engines. (c) Allocations of NOx allowances to large electric generating units ("EGUs") and large non-electric generating units ("non-EGUs"), as defined by 40 CFR Part 96.4(a), shall not exceed the State's trading budget for those source categories to be included in the State Implementation Plan for NOx. (d) In adopting regulations to implement the NOx Trading Program, the Board shall: (1) assure that the economic impact and technical feasibility of NOx emissions reductions under the NOx Trading Program are considered relative to the traditional regulatory control requirements in the State for EGUs and non-EGUs; (2) provide that emission units, as defined in Section 39.5(1) of this Act, may opt into the NOx Trading Program; (3) provide for voluntary reductions of NOx emissions from emission units, as defined in Section 39.5(1) of this Act, not otherwise included under paragraph (c) or (d)(2) of this Section to provide additional allowances to EGUs and non-EGUs to be allocated by the Agency. The regulations shall further provide that such voluntary reductions are verifiable, quantifiable, permanent, and federally enforceable; (4) provide that the Agency allocate to non-EGUs allowances that are designated in the rule, unless the Agency has been directed to transfer the allocations to another unit subject to the requirements of the NOx Trading Program, and that upon shutdown of a non-EGU, the unit may transfer or sell the NOx allowances that are allocated to such unit; and (5) provide that the Agency shall set aside annually a number of allowances, not to exceed 5% of the total EGU trading budget, to be made available to new EGUs. (A) Those EGUs that commence commercial operation, as defined in 40 CFR Section 96.2, at a time that is more than half way through the control period in 2003
71 [May 30, 2001]
[May 30, 2001] 72 certain components of regional haze and the air quality modeling that predict impacts of control measures requires careful consideration of the timing of the control of some of the pollutants from these facilities, particularly sulfur dioxides and nitrogen oxides that each interact with ammonia and other substances in the atmosphere; (5) the development of energy policies to promote a safe, sufficient, reliable, and affordable energy supply on the state and national levels is being affected by the on-going deregulation of the power generation industry and the evolving energy markets; (6) the Governor's formation of an Energy Cabinet and the development of a State energy policy calls for actions by the Agency and the Board that are in harmony with the energy needs and policy of the State, while protecting the public health and the environment; (7) Illinois coal is an abundant resource and an important component of Illinois' economy whose use should be encouraged to the greatest extent possible consistent with protecting the public health and the environment; (8) renewable forms of energy should be promoted as an important element of the energy and environmental policies of the State and that it is a goal of the State that at least 5% of the State's energy production and use be derived from renewable forms of energy by 2010 and at least 15% from renewable forms of energy by 2020; (9) efforts on the state and federal levels are underway to consider the multiple environmental regulations affecting electric generating plants in order to improve the ability of government and the affected industry to engage in effective planning through the use of multi-pollutant strategies; and (10) these issues, taken together, call for a comprehensive review of the impact of these facilities on the public health, considering also the energy supply, reliability, and costs, the role of renewable forms of energy, and the developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois. (b) Taking into account the findings and declarations of the General Assembly contained in subsection (a) of this Section, the Agency shall, before September 30, 2004, but not before September 30, 2003, issue to the House and Senate Committees on Environment and Energy findings that address the potential need for the control or reduction of emissions from fossil fuel-fired electric generating plants, including the following provisions: (1) reduction of nitrogen oxide emissions, as appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois; (2) reduction of sulfur dioxide emissions, as appropriate, with consideration of maximum annual emissions rate limits or establishment of an emissions trading program and with consideration of the developments in federal law and regulations that may affect any State action, prior to making final decisions in Illinois; (3) incentives to promote renewable sources of energy consistent with item (8) of subsection (a) of this Section; (4) reduction of mercury as appropriate, consideration of the availability of control technology, industry practice
73 [May 30, 2001] requirements, or incentive programs, or some combination of these approaches that are sufficient to prevent unacceptable local impacts from individual facilities and with consideration of the developments in federal law and regulations that may affect any state action, prior to making final decisions in Illinois; and (5) establishment of a banking system, consistent with the United States Department of Energy's voluntary reporting system, for certifying credits for voluntary offsets of emissions of greenhouse gases, as identified by the United States Environmental Protection Agency, or other voluntary reductions of greenhouse gases. Such reduction efforts may include, but are not limited to, carbon sequestration, technology-based control measures, energy efficiency measures, and the use of renewable energy sources. The Agency shall consider the impact on the public health, considering also energy supply, reliability and costs, the role of renewable forms of energy, and developments in federal law and regulations that may affect any state actions, prior to making final decisions in Illinois. (c) Nothing in this Section is intended to or should be interpreted in a manner to limit or restrict the authority of the Illinois Environmental Protection Agency to propose, or the Illinois Pollution Control Board to adopt, any regulations applicable or that may become applicable to the facilities covered by this Section that are required by federal law. (d) The Agency may file proposed rules with the Board to effectuate its findings provided to the Senate Committee on Environment and Energy and the House Committee on Environment and Energy in accordance with subsection (b) of this Section. Any such proposal shall not be submitted sooner than 90 days after the issuance of the findings provided for in subsection (b) of this Section. The Board shall take action on any such proposal within one year of the Agency's filing of the proposed rules. (e) This Section shall apply only to those electrical generating units that are subject to the provisions of Subpart W of Part 217 of Title 35 of the Illinois Administrative Code, as promulgated by the Illinois Pollution Control Board on December 21, 2000. Section 955. The Illinois Development Finance Authority Act is amended by adding Section 7.90 as follows: (20 ILCS 3505/7.90 new) Sec. 7.90. Clean Coal and Energy Project Financing. (a) Findings and declaration of policy. It is hereby found and declared that Illinois has abundant coal resources and, in some areas of Illinois, the demand for power exceeds the generating capacity. Incentives to encourage the construction of coal-fired electric generating plants in Illinois to ensure power-generating capacity into the future are in the best interests of all of the citizens of Illinois. The Authority is authorized to issue bonds to help finance Clean Coal and Energy projects pursuant to this Section and under this Act. (b) Definition. "Clean Coal and Energy projects" means new electric generating facilities, as defined in Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois, which may include mine-mouth power plants, projects that employ the use of clean coal technology, projects to develop alternative energy sources, including renewable energy projects, projects to provide scrubber technology for existing energy generating plants, or projects to provide electric transmission facilities. (c) Creation of reserve funds. The Authority may establish and maintain one or more reserve funds to enhance bonds issued by the
[May 30, 2001] 74 Authority for Clean Coal and Energy projects under this Section. There may be one or more accounts in these reserve funds in which there may be deposited: (1) any proceeds of bonds issued by the Authority required to be deposited therein by the terms of any contract between the Authority and its bondholders or any resolution of the Authority; (2) any other moneys or funds of the Authority that it may determine to deposit therein from any other source; and (3) any other moneys or funds made available to the Authority. Subject to the terms of any pledge to the owners of any bonds, moneys in any reserve fund may be held and applied to the payment of the interest, premium, if any, or principal of bonds or for any other purpose authorized by the Authority. (d) Powers and duties. The Authority has the power: (1) To issue bonds in one or more series pursuant to one or more resolutions of the Authority for any Clean Coal and Energy projects authorized under this Section, within the authorization set forth in subsection (e). (2) To provide for the funding of any reserves or other funds or accounts deemed necessary by the Authority in connection with any bonds issued by the Authority. (3) To pledge any funds of the Authority or funds made available to the Authority that may be applied to such purpose as security for any bonds or any guarantees, letters of credit, insurance contracts, or similar credit support or liquidity instruments securing the bonds. (4) To enter into agreements or contracts with third parties, whether public or private, including, without limitation, the United States of America, the State, or any department or agency thereof, to obtain any appropriations, grants, loans, or guarantees that are deemed necessary or desirable by the Authority. Any such guarantee, agreement, or contract may contain terms and provisions necessary or desirable in connection with the program, subject to the requirements established by the Act. (5) To exercise such other powers as are necessary or incidental to the foregoing. (e) Clean Coal Energy bond authorization and financing limits. In addition to any other bonds authorized to be issued under this Act, the Authority may have outstanding, at any time, bonds for the purpose enumerated in this Section in an aggregate principal amount that shall not exceed $3,000,000,000, of which no more than $300,000,000 may be issued to finance transmission facilities, no more than $500,000,000 may be issued to finance scrubbers at existing generating plants, no more than $500,000,000 may be issued to finance alternative energy sources, including renewable energy projects, and no more than $1,700,000,000 may be issued to finance new electric generating facilities, as defined in Section 605-332 of the Department of Commerce and Community Affairs Law of the Civil Administrative Code of Illinois, which may include mine-mouth power plants. An application for a loan financed from bond proceeds from a borrower or its affiliates for a Clean Coal and Energy project may not be approved by the Authority for an amount in excess of $450,000,000 for any borrower or its affiliates. These bonds shall not constitute an indebtedness or obligation of the State of Illinois and it shall be plainly stated on the face of each bond that it does not constitute an indebtedness or obligation of the State of Illinois but is payable solely from the revenues, income, or other assets of the Authority pledged therefor. (f) Criteria for participation in the program. Applications to the Authority for financing of any Clean Coal and Energy project shall
75 [May 30, 2001] be reviewed by the Authority. Upon submission of any such application, the Authority staff shall review the application for its completeness and may, at the discretion of the Authority staff, request such additional information as it deems necessary or advisable to aid in review. If the Authority receives applications for financing for Clean Coal and Energy projects in excess of the bond authorization available for such financing at any one time, it shall consider applications in the order of priority as it shall determine, in consultation with other State agencies. Section 999. Effective date. This Act takes effect on July 1, 2001.". The foregoing message from the Senate reporting Senate Amendment No. 1 to HOUSE BILL 1599 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 2432 A bill for AN ACT in relation to housing. 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. 2432. Senate Amendment No. 2 to HOUSE BILL NO. 2432. Senate Amendment No. 4 to HOUSE BILL NO. 2432. Passed the Senate, as amended, May 30, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2432 as follows: on page 1, line 8, after "Authority", by inserting the following: "for a municipality having a population in excess of 1,000,000"; and on page 1, line 10, by deleting "acquisition,"; and on page 1, line 13, before the period, by inserting the following: "located within the municipality having a population in excess of 1,000,000"; and on page 1, line 15, by deleting "acquisition,"; and on page 1, line 16, before the period, by inserting the following: "located within the municipality having a population in excess of 1,000,000"; and on page 1, line 21, by deleting "acquisition,"; and on page 1, line 22, by replacing "rehabilitation,", with "rehabilitation"; and on page 1, line 22, after "housing" by inserting the following: "located within the municipality having a population in excess of 1,000,000"; and
[May 30, 2001] 76 on page 1, line 28, by deleting "acquisition,"; and on page 1, line 29, before the period, by inserting the following: "located within the municipality having a population in excess of 1,000,000"; and on page 2, line 3, by replacing "acquisition," with "
77 [May 30, 2001] resolution, including bonds on which the principal and interest are payable; (a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds (including, without limitation, income and revenues derived from a loan agreement with respect to a project located within the municipality having a population in excess of 1,000,000), or with such proceeds together with a grant from the Federal Government or any political subdivision of the State in aid of such project; (b) exclusively from the income and revenues of certain designated housing projects of such Authority whether or not they were financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally. Any of such bonds may be additionally secured by a pledge of any revenues of any housing project, projects or other property of the Authority. In addition to powers conferred by this Act and other laws concerning housing authorities in general, an Authority for a municipality having a population in excess of 1,000,000 may grant a specific pledge or assignment of, and lien on or security interest in, the income and revenues of the Authority derived from the loan agreement with respect to the project or projects, as well as in any reserves, funds, or accounts established in the resolution authorizing the bonds or the indenture or other instrument under which the bonds are issued. As evidence of such pledge, assignment, lien, and security interest, the Authority may execute and deliver a mortgage, trust agreement, indenture, security agreement, or an assignment thereof. The provisions of this amendatory Act of the 92nd General Assembly create additional powers for housing authorities having a population in excess of 1,000,000; these provisions do not limit the powers conferred on housing authorities in general. Neither the commissioners of an Authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an Authority (and such bonds and obligations shall so state on their face) shall not be a debt of any city, village, incorporated town, county, the State or any political subdivision thereof and neither the city, village, incorporated town or the county, nor the State or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said Authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (Source: Laws 1937, p. 679.) (310 ILCS 10/17) (from Ch. 67 1/2, par. 17) Sec. 17. The following terms, wherever used or referred to in this Act shall have the following respective meanings, unless in any case a different meaning clearly appears from the context: (a) "Authority" or "housing authority" shall mean a municipal corporation organized in accordance with the provisions of this Act for the purposes, with the powers and subject to the restrictions herein set forth. (b) "Area" or "area of operation" shall mean: (1) in the case of an authority which is created hereunder for a city, village, or incorporated town, the area within the territorial boundaries of said city, village, or incorporated town, and so long as no county housing authority has jurisdiction therein, the area within three miles from such territorial boundaries, except any part of such area located within the territorial boundaries of any other city, village, or incorporated town; and (2) in the case of a county shall include all of the county except the area of any city, village or incorporated town located therein in which there is an Authority. When an authority is created for a county subsequent to the creation of an authority for a
[May 30, 2001] 78 city, village or incorporated town within the same county, the area of operation of the authority for such city, village or incorporated town shall thereafter be limited to the territory of such city, village or incorporated town, but the authority for such city, village or incorporated town may continue to operate any project developed in whole or in part in an area previously a part of its area of operation, or may contract with the county housing authority with respect to the sale, lease, development or administration of such project. When an authority is created for a city, village or incorporated town subsequent to the creation of a county housing authority which previously included such city, village or incorporated town within its area of operation, such county housing authority shall have no power to create any additional project within the city, village or incorporated town, but any existing project in the city, village or incorporated town currently owned and operated by the county housing authority shall remain in the ownership, operation, custody and control of the county housing authority. (c) "Presiding officer" shall mean the presiding officer of the board of a county, or the mayor or president of a city, village or incorporated town, as the case may be, for which an Authority is created hereunder. (d) "Commissioner" shall mean one of the members of an Authority appointed in accordance with the provisions of this Act. (e) "Government" shall include the State and Federal governments and the governments of any subdivisions, agency or instrumentality, corporate or otherwise, of either of them. (f) "Department" shall mean the Department of Commerce and Community Affairs. (g) "Project" shall include all lands, buildings, and improvements, acquired, owned, leased, managed or operated by a housing authority, and all buildings and improvements constructed, reconstructed or repaired by a housing authority, designed to provide housing accommodations and facilities appurtenant thereto (including community facilities and stores) which are planned as a unit, whether or not acquired or constructed at one time even though all or a portion of the buildings are not contiguous or adjacent to one another; and the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the clearing of land, the construction, reconstruction, and repair of buildings or improvements and all other work in connection therewith. As provided in Sections 8.14 to 8.18, inclusive, "project" also means, for Housing Authorities for municipalities of less than 500,000 population and for counties, the conservation of urban areas in accordance with an approved conservation plan. "Project" shall also include (1) acquisition of (i) a slum or blighted area or a deteriorated or deteriorating area which is predominantly residential in character, or (ii) any other deteriorated or deteriorating area which is to be developed or redeveloped for predominantly residential uses, or (iii) platted urban or suburban land which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise substantially impairs or arrests the sound growth of the community and which is to be developed for predominantly residential uses, or (iv) open unplatted urban or suburban land necessary for sound community growth which is to be developed for predominantly residential uses, or (v) any other area where parcels of land remain undeveloped because of improper platting, delinquent taxes or special assessments, scattered or uncertain ownerships, clouds on title, artificial values due to excessive utility costs, or any other impediments to the use of such area for predominantly residential uses; (2) installation, construction, or
79 [May 30, 2001] reconstruction of streets, utilities, and other site improvements essential to the preparation of sites for uses in accordance with the development or redevelopment plan; and (3) making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the local public agency itself). If in any city, village or incorporated town there exists a land clearance commission created under the "Blighted Areas Redevelopment Act of 1947" having the same area of operation as a housing authority created in and for any such municipality such housing authority shall have no power to acquire land of the character described in subparagraph (iii), (iv) or (v) of paragraph 1 of the definition of "project" for the purpose of development or redevelopment by private enterprise. (h) "Community facilities" shall include lands, buildings, and equipment for recreation or social assembly, for education, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed, reconstructed, repaired or operated hereunder. (i) "Real property" shall include lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and estates, and rights, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. (j) The term "governing body" shall include the city council of any city, the president and board of trustees of any village or incorporated town, the council of any city or village, and the county board of any county. (k) The phrase "individual, association, corporation or organization" shall include any individual, private corporation, insurance company, housing corporation, neighborhood redevelopment corporation, non-profit corporation, incorporated or unincorporated group or association, educational institution, hospital, or charitable organization, and any mutual ownership or cooperative organization. (l) "Conservation area", for the purpose of the exercise of the powers granted in Sections 8.14 to 8.18, inclusive, for housing authorities for municipalities of less than 500,000 population and for counties, means an area of not less than 2 acres in which the structures in 50% or more of the area are residential having an average age of 35 years or more. Such an area is not yet a slum or blighted area as defined in the Blighted Areas Redevelopment Act of 1947, but such an area by reason of dilapidation, obsolescence, deterioration or illegal use of individual structures, overcrowding of structures and community facilities, conversion of residential units into non-residential use, deleterious land use or layout, decline of physical maintenance, lack of community planning, or any combination of these factors may become a slum and blighted area. (m) "Conservation plan" means the comprehensive program for the physical development and replanning of a "Conservation Area" as defined in paragraph (l) embodying the steps required to prevent such Conservation Area from becoming a slum and blighted area. (n) "Fair use value" means the fair cash market value of real property when employed for the use contemplated by a "Conservation Plan" in municipalities of less than 500,000 population and in counties. (o) "Community facilities" means, in relation to a "Conservation Plan", those physical plants which implement, support and facilitate the activities, services and interests of education, recreation, shopping, health, welfare, religion and general culture. (p) "Loan agreement" means any agreement pursuant to which an Authority agrees to loan the proceeds of its revenue bonds issued with respect to a multifamily rental housing project or other funds of the
[May 30, 2001] 80 Authority to any person upon terms providing for loan repayment installments at least sufficient to pay when due all principal of, premium, if any, and interest on the revenue bonds of the Authority issued with respect to the multifamily rental housing project, and providing for maintenance, insurance, and other matters as may be deemed desirable by the Authority. (q) "Multifamily rental housing" means any rental project designed for mixed-income or low-income occupancy. (Source: P.A. 87-200.) (310 ILCS 10/21) (from Ch. 67 1/2, par. 21) Sec. 21. In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an Authority, in addition to its other powers, shall have power: (a) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence. (b) To covenant against pledging all or any part of its rents, fees and revenues, or against permitting or allowing any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it. (c) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof: to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof. (d) To covenant (subject to the limitations contained in this Act) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds. (e) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given. (f) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys. (g) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived. (h) To vest in a trustee or trustees or the holders of bonds or any specified proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by the Authority, to take possession of any housing project or part thereof, and (so long as the Authority shall continue in default) to retain such possession and use, operate and manage the project, and to collect the
81 [May 30, 2001] rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. (i) In the case of an Authority for a municipality having a population in excess of 1,000,000, to enter into loan agreements, regulatory agreements, and all other instruments or documentation with private borrowers of the proceeds of the Authority's multifamily housing revenue bonds and to accept guaranties from persons of its loans or the resultant evidences of obligations to the Authority. The provisions of this amendatory Act of the 92nd General Assembly create additional powers for housing authorities having a population in excess of 1,000,000; these provisions do not limit the powers conferred on housing authorities in general. (j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of the Authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. (Source: P.A. 84-551.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 4. Amend House Bill 2432, AS AMENDED, as follows: by replacing everything after the enacting clause with the following: "Section 5. The Housing Authorities Act is amended by adding Section 8.4a and changing Sections 11, 17, and 21 as follows: (310 ILCS 10/8.4a new) Sec. 8.4a. Additional powers. In addition to powers conferred by this Act and other laws concerning housing authorities, generally, an Authority for a municipality having a population in excess of 1,000,000 may do any of the following: (a) Issue revenue bonds for the purpose of financing the construction, equipping, or rehabilitation or refinancing of multifamily rental housing and for the provision of capital improvements in connection with and determined necessary to the multifamily rental housing located within the municipality having a population in excess of 1,000,000. (b) Make or undertake commitments to make loans to finance the construction, equipping, or rehabilitation or refinancing of multifamily rental housing located within the municipality having a population in excess of 1,000,000. (c) Purchase or undertake, directly or indirectly through lending institutions, commitments to purchase, construction loans, and mortgage loans originated in accordance with a financing agreement with the Authority to finance the construction, equipping, or rehabilitation or refinancing of multifamily rental housing located within the municipality having a population in excess of 1,000,000, or make loans to lending institutions under terms and conditions which, in addition to other provisions determined by the Authority, shall require the lending institutions to use the net proceeds of the loans for the making, directly or indirectly, of construction loans or mortgage loans to finance the construction, equipping, rehabilitation or refinancing of multifamily rental housing located within the municipality having a
[May 30, 2001] 82 population in excess of 1,000,000. (310 ILCS 10/11) (from Ch. 67 1/2, par. 11) Sec. 11. An Authority shall have power to issue bonds from time to time in its discretion to finance in whole or in part the cost of acquisition, purchase, construction, reconstruction, improvement, alteration, extension or repair of any project or undertaking hereunder. An Authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An Authority may issue such types of bonds as it may determine by resolution, including bonds on which the principal and interest are payable; (a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds (including, without limitation, income and revenues derived from a loan agreement with respect to a project located within the municipality having a population in excess of 1,000,000), or with such proceeds together with a grant from the Federal Government or any political subdivision of the State in aid of such project; (b) exclusively from the income and revenues of certain designated housing projects of such Authority whether or not they were financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally. Any of such bonds may be additionally secured by a pledge of any revenues of any housing project, projects or other property of the Authority. In addition to powers conferred by this Act and other laws concerning housing authorities in general, an Authority for a municipality having a population in excess of 1,000,000 may grant a specific pledge or assignment of, and lien on or security interest in, the income and revenues of the Authority derived from the loan agreement with respect to the project or projects, as well as in any reserves, funds, or accounts established in the resolution authorizing the bonds or the indenture or other instrument under which the bonds are issued. As evidence of such pledge, assignment, lien, and security interest, the Authority may execute and deliver a mortgage, trust agreement, indenture, security agreement, or an assignment thereof. The provisions of this amendatory Act of the 92nd General Assembly create additional powers for housing authorities having a population in excess of 1,000,000; these provisions do not limit the powers conferred on housing authorities in general. Neither the commissioners of an Authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an Authority (and such bonds and obligations shall so state on their face) shall not be a debt of any city, village, incorporated town, county, the State or any political subdivision thereof and neither the city, village, incorporated town or the county, nor the State or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said Authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (Source: Laws 1937, p. 679.) (310 ILCS 10/17) (from Ch. 67 1/2, par. 17) Sec. 17. The following terms, wherever used or referred to in this Act shall have the following respective meanings, unless in any case a different meaning clearly appears from the context: (a) "Authority" or "housing authority" shall mean a municipal corporation organized in accordance with the provisions of this Act for the purposes, with the powers and subject to the restrictions herein set forth. (b) "Area" or "area of operation" shall mean: (1) in the case of an authority which is created hereunder for a city, village, or
83 [May 30, 2001] incorporated town, the area within the territorial boundaries of said city, village, or incorporated town, and so long as no county housing authority has jurisdiction therein, the area within three miles from such territorial boundaries, except any part of such area located within the territorial boundaries of any other city, village, or incorporated town; and (2) in the case of a county shall include all of the county except the area of any city, village or incorporated town located therein in which there is an Authority. When an authority is created for a county subsequent to the creation of an authority for a city, village or incorporated town within the same county, the area of operation of the authority for such city, village or incorporated town shall thereafter be limited to the territory of such city, village or incorporated town, but the authority for such city, village or incorporated town may continue to operate any project developed in whole or in part in an area previously a part of its area of operation, or may contract with the county housing authority with respect to the sale, lease, development or administration of such project. When an authority is created for a city, village or incorporated town subsequent to the creation of a county housing authority which previously included such city, village or incorporated town within its area of operation, such county housing authority shall have no power to create any additional project within the city, village or incorporated town, but any existing project in the city, village or incorporated town currently owned and operated by the county housing authority shall remain in the ownership, operation, custody and control of the county housing authority. (c) "Presiding officer" shall mean the presiding officer of the board of a county, or the mayor or president of a city, village or incorporated town, as the case may be, for which an Authority is created hereunder. (d) "Commissioner" shall mean one of the members of an Authority appointed in accordance with the provisions of this Act. (e) "Government" shall include the State and Federal governments and the governments of any subdivisions, agency or instrumentality, corporate or otherwise, of either of them. (f) "Department" shall mean the Department of Commerce and Community Affairs. (g) "Project" shall include all lands, buildings, and improvements, acquired, owned, leased, managed or operated by a housing authority, and all buildings and improvements constructed, reconstructed or repaired by a housing authority, designed to provide housing accommodations and facilities appurtenant thereto (including community facilities and stores) which are planned as a unit, whether or not acquired or constructed at one time even though all or a portion of the buildings are not contiguous or adjacent to one another; and the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the clearing of land, the construction, reconstruction, and repair of buildings or improvements and all other work in connection therewith. As provided in Sections 8.14 to 8.18, inclusive, "project" also means, for Housing Authorities for municipalities of less than 500,000 population and for counties, the conservation of urban areas in accordance with an approved conservation plan. "Project" shall also include (1) acquisition of (i) a slum or blighted area or a deteriorated or deteriorating area which is predominantly residential in character, or (ii) any other deteriorated or deteriorating area which is to be developed or redeveloped for predominantly residential uses, or (iii) platted urban or suburban land which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise substantially impairs or arrests
[May 30, 2001] 84 the sound growth of the community and which is to be developed for predominantly residential uses, or (iv) open unplatted urban or suburban land necessary for sound community growth which is to be developed for predominantly residential uses, or (v) any other area where parcels of land remain undeveloped because of improper platting, delinquent taxes or special assessments, scattered or uncertain ownerships, clouds on title, artificial values due to excessive utility costs, or any other impediments to the use of such area for predominantly residential uses; (2) installation, construction, or reconstruction of streets, utilities, and other site improvements essential to the preparation of sites for uses in accordance with the development or redevelopment plan; and (3) making the land available for development or redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the local public agency itself). If in any city, village or incorporated town there exists a land clearance commission created under the "Blighted Areas Redevelopment Act of 1947" having the same area of operation as a housing authority created in and for any such municipality such housing authority shall have no power to acquire land of the character described in subparagraph (iii), (iv) or (v) of paragraph 1 of the definition of "project" for the purpose of development or redevelopment by private enterprise. (h) "Community facilities" shall include lands, buildings, and equipment for recreation or social assembly, for education, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed, reconstructed, repaired or operated hereunder. (i) "Real property" shall include lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and estates, and rights, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. (j) The term "governing body" shall include the city council of any city, the president and board of trustees of any village or incorporated town, the council of any city or village, and the county board of any county. (k) The phrase "individual, association, corporation or organization" shall include any individual, private corporation, insurance company, housing corporation, neighborhood redevelopment corporation, non-profit corporation, incorporated or unincorporated group or association, educational institution, hospital, or charitable organization, and any mutual ownership or cooperative organization. (l) "Conservation area", for the purpose of the exercise of the powers granted in Sections 8.14 to 8.18, inclusive, for housing authorities for municipalities of less than 500,000 population and for counties, means an area of not less than 2 acres in which the structures in 50% or more of the area are residential having an average age of 35 years or more. Such an area is not yet a slum or blighted area as defined in the Blighted Areas Redevelopment Act of 1947, but such an area by reason of dilapidation, obsolescence, deterioration or illegal use of individual structures, overcrowding of structures and community facilities, conversion of residential units into non-residential use, deleterious land use or layout, decline of physical maintenance, lack of community planning, or any combination of these factors may become a slum and blighted area. (m) "Conservation plan" means the comprehensive program for the physical development and replanning of a "Conservation Area" as defined in paragraph (l) embodying the steps required to prevent such Conservation Area from becoming a slum and blighted area. (n) "Fair use value" means the fair cash market value of real property when employed for the use contemplated by a "Conservation
85 [May 30, 2001] Plan" in municipalities of less than 500,000 population and in counties. (o) "Community facilities" means, in relation to a "Conservation Plan", those physical plants which implement, support and facilitate the activities, services and interests of education, recreation, shopping, health, welfare, religion and general culture. (p) "Loan agreement" means any agreement pursuant to which an Authority agrees to loan the proceeds of its revenue bonds issued with respect to a multifamily rental housing project or other funds of the Authority to any person upon terms providing for loan repayment installments at least sufficient to pay when due all principal of, premium, if any, and interest on the revenue bonds of the Authority issued with respect to the multifamily rental housing project, and providing for maintenance, insurance, and other matters as may be deemed desirable by the Authority. (q) "Multifamily rental housing" means any rental project designed for mixed-income or low-income occupancy. (Source: P.A. 87-200.) (310 ILCS 10/21) (from Ch. 67 1/2, par. 21) Sec. 21. In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an Authority, in addition to its other powers, shall have power: (a) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence. (b) To covenant against pledging all or any part of its rents, fees and revenues, or against permitting or allowing any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it. (c) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof: to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof. (d) To covenant (subject to the limitations contained in this Act) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds. (e) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given. (f) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys. (g) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the
[May 30, 2001] 86 terms and conditions upon which such declaration and its consequences may be waived. (h) To vest in a trustee or trustees or the holders of bonds or any specified proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by the Authority, to take possession of any housing project or part thereof, and (so long as the Authority shall continue in default) to retain such possession and use, operate and manage the project, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the Authority with the trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. (i) In the case of an Authority for a municipality having a population in excess of 1,000,000, to enter into loan agreements, regulatory agreements, and all other instruments or documentation with private borrowers of the proceeds of the Authority's multifamily housing revenue bonds and to accept guaranties from persons of its loans or the resultant evidences of obligations to the Authority. The provisions of this amendatory Act of the 92nd General Assembly create additional powers for housing authorities having a population in excess of 1,000,000; these provisions do not limit the powers conferred on housing authorities in general. (j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of the Authority, as will tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. (Source: P.A. 84-551.) Section 99. Effective date. This Act takes effect upon becoming law.". The foregoing message from the Senate reporting Senate Amendments numbered 1, 2 and 4 to HOUSE BILL 2432 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 2900 A bill for AN ACT relating to telecommunications. 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. 3 to HOUSE BILL NO. 2900. Senate Amendment No. 4 to HOUSE BILL NO. 2900.
87 [May 30, 2001] Passed the Senate, as amended, May 30, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 3. Amend House Bill 2900 by replacing everything after the enacting clause with the following: "Section 5. The Attorney General Act is amended by changing Section 6.5 as follows: (15 ILCS 205/6.5) Sec. 6.5. Consumer Utilities Unit. (a) The General Assembly finds that the health, welfare, and prosperity of all Illinois citizens, and the public's interest in adequate, safe, reliable, cost-effective electric and telecommunications services, requires effective public representation by the Attorney General to protect the rights and interests of the public in the provision of all elements of electric and telecommunications service both during and after the transition to a competitive market, and that to ensure that the benefits of competition in the provision of both electric and telecommunications services to all consumers are attained, there shall be created within the Office of the Attorney General a Consumer Utilities Unit. (b) As used in this Section: "Electric services" means services sold by an electric service provider. "Electric service provider" shall mean anyone who sells, contracts to sell, or markets electric power, generation, distribution, transmission, or services (including metering and billing) in connection therewith. Electric service providers shall include any electric utility and any alternative retail electric supplier as defined in Section 16-102 of the Public Utilities Act. (b-5) As used in this Section: "Telecommunications services" means services sold by a telecommunications carrier, as provided for in Section 13-203 of the Public Utilities Act. "Telecommunications carrier" means anyone who sells, contracts to sell, or markets telecommunications services, whether noncompetitive or competitive, including access services, interconnection services, or any services in connection therewith. Telecommunications carriers include any carrier as defined in Section 13-202 of the Public Utilities Act. (c) There is created within the Office of the Attorney General a Consumer Utilities Unit, consisting of Assistant Attorneys General appointed by the Attorney General, who, together with such other staff as is deemed necessary by the Attorney General, shall have the power and duty on behalf of the people of the State to intervene in, initiate, enforce, and defend all legal proceedings on matters relating to the provision, marketing, and sale of electric and telecommunications service whenever the Attorney General determines that such action is necessary to promote or protect the rights and interest of all Illinois citizens, classes of customers, and users of electric and telecommunications services. (d) In addition to the investigative and enforcement powers available to the Attorney General, including without limitation those under the Consumer Fraud and Deceptive Business Practices Act and the Illinois Antitrust Act, the Attorney General shall be a party as a matter of right to all proceedings, investigations, and related matters involving the provision of electric services and to those proceedings, investigations, and related matters involving the provision of telecommunications services before the Illinois Commerce Commission and shall, upon request, have access to and the use of all files, records, data, and documents in the possession or control of the Commission, which material the Attorney General's office shall maintain as
[May 30, 2001] 88 confidential, to be used for law enforcement purposes only, which material may be shared with other law enforcement officials. Nothing in this Section is intended to take away or limit any of the powers the Attorney General has pursuant to common law or other statutory law. (Source: P.A. 90-561, eff. 12-16-97.) Section 10. The State Finance Act is amended by adding Sections 5.545 and 5.546 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Digital Divide Elimination Fund. (30 ILCS 105/5.546 new) Sec. 5.546. The Digital Divide Elimination Infrastructure Fund. Section 15. The Eliminate the Digital Divide Law is amended by changing Section 5-30 and adding Section 5-20 as follows: (30 ILCS 780/5-20 new) Sec. 5-20. Digital Divide Elimination Fund. The Digital Divide Elimination Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation by the General Assembly, by the Department for grants made under Section 5-30 of this Act. (30 ILCS 780/5-30) Sec. 5-30. Community Technology
89 [May 30, 2001] shall be in accordance with rules adopted by the Department. Any entities that have received a Community Technology Center grant under the federal Community Technology Centers Program are also eligible to apply for grants under this Program. The Department shall provide assistance to Community Technology Centers in making those determinations for purposes of applying for grants. (c) Grant applications shall be submitted to the Department not later than March 15 for the next fiscal year. (d) The Department shall adopt rules setting forth the required form and contents of grant applications. (e) There is created the Digital Divide Elimination Advisory Committee. The advisory committee shall consist of 5 members appointed one each by the Governor, the President of the Senate, the Senate Minority Leader, the Speaker of the House, and the House Minority Leader. The members of the advisory committee shall receive no compensation for their services as members of the advisory committee but may be reimbursed for their actual expenses incurred in serving on the advisory committee. The Digital Divide Elimination Advisory Committee shall advise the Department in establishing criteria and priorities for identifying recipients of grants under this Act. The advisory committee shall obtain advice from the technology industry regarding current technological standards. The advisory committee shall seek any available federal funding. (Source: P.A. 91-704, eff. 7-1-00.) Section 20. The Public Utilities Act is amended by changing Sections 1-102, 2-101, 2-202, 8-101, 9-230, 13-101, 13-301.1, 13-407, 13-501, 13-502, 13-509, 13-514, 13-515, 13-516, 13-801, and 13-902 and adding Sections 10-101.1, 13-202.5, 13-216, 13-217, 13-218, 13-219, 13-220, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517, 13-518, 13-712, 13-713, 13-903, and 13-1200 as follows: (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102) Sec. 1-102. Findings and Intent. The General Assembly finds that the health, welfare and prosperity of all Illinois citizens require the provision of adequate, efficient, reliable, environmentally safe and least-cost public utility services at prices which accurately reflect the long-term cost of such services and which are equitable to all citizens. It is therefore declared to be the policy of the State that public utilities shall continue to be regulated effectively and comprehensively. It is further declared that the goals and objectives of such regulation shall be to ensure (a) Efficiency: the provision of reliable energy services at the least possible cost to the citizens of the State; in such manner that: (i) physical, human and financial resources are allocated efficiently; (ii) all supply and demand options are considered and evaluated using comparable terms and methods in order to determine how utilities shall meet their customers' demands for public utility services at the least cost; (iii) utilities are allowed a sufficient return on investment so as to enable them to attract capital in financial markets at competitive rates; (iv) tariff rates for the sale of various public utility services are authorized such that they accurately reflect the cost of delivering those services and allow utilities to recover the total costs prudently and reasonably incurred; (v) variation in costs by customer class and time of use is taken into consideration in authorizing rates for each class.
[May 30, 2001] 90 (b) Environmental Quality: the protection of the environment from the adverse external costs of public utility services so that (i) environmental costs of proposed actions having a significant impact on the environment and the environmental impact of the alternatives are identified, documented and considered in the regulatory process; (ii) the prudently and reasonably incurred costs of environmental controls are recovered. (c) Reliability: the ability of utilities to provide consumers with public utility services under varying demand conditions in such manner that suppliers of public utility services are able to provide service at varying levels of economic reliability giving appropriate consideration to the costs likely to be incurred as a result of service interruptions, and to the costs of increasing or maintaining current levels of reliability consistent with commitments to consumers. (d) Equity: the fair treatment of consumers and investors in order that (i) the public health, safety and welfare shall be protected; (ii) the application of rates is based on public understandability and acceptance of the reasonableness of the rate structure and level; (iii) the cost of supplying public utility services is allocated to those who cause the costs to be incurred; (iv) if factors other than cost of service are considered in regulatory decisions, the rationale for these actions is set forth; (v) regulation allows for orderly transition periods to accommodate changes in public utility service markets; (vi) regulation does not result in undue or sustained adverse impact on utility earnings; (vii) the impacts of regulatory actions on all sectors of the State are carefully weighed; (viii) the rates for utility services are affordable and therefore preserve the availability of such services to all citizens. It is further declared to be the policy of the State that this Act shall not apply in relation to motor carriers and rail carriers as defined in the Illinois Commercial Transportation Law, or to the Commission in the regulation of such carriers. Nothing in this Act shall be construed to limit, restrict, or mitigate in any way the power and authority of the State's Attorneys or the Attorney General under the Consumer Fraud and Deceptive Business Practices Act. (Source: P.A. 89-42, eff. 1-1-96.) (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101) Sec. 2-101. Commerce Commission created. There is created an Illinois Commerce Commission consisting of 5 members not more than 3 of whom shall be members of the same political party at the time of appointment. The Governor shall appoint the members of such Commission by and with the advice and consent of the Senate. In case of a vacancy in such office during the recess of the Senate the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall nominate some person to fill such office; and any person so nominated who is confirmed by the Senate, shall hold his office during the remainder of the term and until his successor shall be appointed and qualified. Each member of the Commission shall hold office for a term of 5 years from the third Monday in January of the year in which his predecessor's term expires.
91 [May 30, 2001] Notwithstanding any provision of this Section to the contrary, the term of office of each member of the Commission is terminated on the effective date of this amendatory Act of 1995, but the incumbent members shall continue to exercise all of the powers and be subject to all of the duties of members of the Commission until their respective successors are appointed and qualified. Of the members initially appointed under the provisions of this amendatory Act of 1995, one member shall be appointed for a term of office which shall expire on the third Monday of January, 1997; 2 members shall be appointed for terms of office which shall expire on the third Monday of January, 1998; one member shall be appointed for a term of office which shall expire on the third Monday of January, 1999; and one member shall be appointed for a term of office which shall expire on the third Monday of January, 2000. Each respective successor shall be appointed for a term of 5 years from the third Monday of January of the year in which his predecessor's term expires in accordance with the provisions of the first paragraph of this Section. Each member shall serve until his successor is appointed and qualified, except that if the Senate refuses to consent to the appointment of any member, such office shall be deemed vacant, and within 2 weeks of the date the Senate refuses to consent to the reappointment of any member, such member shall vacate such office. The Governor shall from time to time designate the member of the Commission who shall be its chairman. Consistent with the provisions of this Act, the Chairman shall be the chief executive officer of the Commission for the purpose of ensuring that the Commission's policies are properly executed. If there is no vacancy on the Commission, 4 members of the Commission shall constitute a quorum to transact business; otherwise, a majority of the Commission shall constitute a quorum to transact business, and
[May 30, 2001] 92 paid from appropriations from the Public Utility Fund through the end of fiscal year 1986. (c) A tax is imposed upon each public utility subject to the provisions of this Act equal to .08% of its gross revenue for each calendar year commencing with the calendar year beginning January 1, 1982, except that the Commission may, by rule, establish a different rate no greater than 0.1%. For purposes of this Section, "gross revenue" shall not include revenue from the production, transmission, distribution, sale, delivery, or furnishing of electricity. "Gross revenue" shall not include amounts paid by telecommunications retailers under the Telecommunications Municipal Infrastructure Maintenance Fee Act. (d) Annual gross revenue returns shall be filed in accordance with paragraph (1) or (2) of this subsection (d). (1) Except as provided in paragraph (2) of this subsection (d), on or before January 10 of each year each public utility subject to the provisions of this Act shall file with the Commission an estimated annual gross revenue return containing an estimate of the amount of its gross revenue for the calendar year commencing January 1 of said year and a statement of the amount of tax due for said calendar year on the basis of that estimate. Public utilities may also file revised returns containing updated estimates and updated amounts of tax due during the calendar year. These revised returns, if filed, shall form the basis for quarterly payments due during the remainder of the calendar year. In addition, on or before March 31
93 [May 30, 2001] due should be necessary as a result of the filing of an amended or corrected return under subsection (d) or subsection (e) of this Section, the amount of any deficiency shall be paid by the public utility together with the amended or corrected return and the amount of any excess shall, after the filing of a claim for credit by the public utility, be returned to the public utility in the form of a credit memorandum in the amount of such excess or be refunded to the public utility in accordance with the provisions of subsection (k) of this Section. However, if such deficiency or excess is less than $1, then the public utility need not pay the deficiency and may not claim a credit. (2) Any public utility subject to paragraph (2) of subsection (d) shall pay the amount of tax due under subsection (c) on or before March
[May 30, 2001] 94 the laws of this State. The executive director or his designee may excuse the payment of an assessed penalty or a portion of an assessed penalty if he determines that enforced collection of the penalty as assessed would be unjust. (h) All sums collected by the Commission under the provisions of this Section shall be paid promptly after the receipt of the same, accompanied by a detailed statement thereof, into the Public Utility Fund in the State treasury. (i) During the month of October of each odd-numbered year the Commission shall: (1) determine the amount of all moneys deposited in the Public Utility Fund during the preceding fiscal biennium plus the balance, if any, in that fund at the beginning of that biennium; (2) determine the sum total of the following items: (A) all moneys expended or obligated against appropriations made from the Public Utility Fund during the preceding fiscal biennium, plus (B) the sum of the credit memoranda then outstanding against the Public Utility Fund, if any; and (3) determine the amount, if any, by which the sum determined as provided in item (1) exceeds the amount determined as provided in item (2). If the amount determined as provided in item (3) of this subsection exceeds $5,000,000
95 [May 30, 2001] instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenience of its patrons, employees, and public and as shall be in all respects adequate, efficient, just, and reasonable. All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable. A
[May 30, 2001] 96 prior to evidentiary hearing as the hearing examiner deems proper. Prior to the conference, when directed to do so, all parties shall file a case management memorandum that addresses items (1) through (9) as directed by the hearing examiner. At the conference, the following shall be considered: (1) the identification and simplification of the issues; provided, however, that the identification of issues by a party shall not foreclose that party from raising such other meritorious issues as that party might subsequently identify; (2) amendments to the pleadings; (3) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) limitations on discovery including: (A) the area of expertise and the number of witnesses who will likely be called; provided, however, that the identification of witnesses by a party shall not foreclose that party from producing such other witnesses as that party might subsequently identify; and (B) schedules for responses to and completion of discovery; provided, however, that such responses shall under no circumstances be provided later than 28 days after such discovery or requests are served, unless the hearing examiner shall order or the parties agree to some other time period for response; (5) the possibility of settlement and scheduling of a settlement conference; (6) the advisability of alternative dispute resolution including, but not limited to, mediation or arbitration; (7) the date on which the matter should be ready for evidentiary hearing and the likely duration of the hearing; (8) the advisability of holding subsequent case management conferences; and (9) any other matters that may aid in the disposition of the action. (e) The Commission is hereby authorized, if requested by all parties to any complaint brought under this Act, to arbitrate the complaint and to enter a binding arbitration award disposing of the complaint. The Commission shall prescribe by rule procedures for arbitration. (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101) (Section scheduled to be repealed on July 1, 2001) Sec. 13-101. Application of Act to telecommunications rates and services. Except to the extent modified or supplemented by the specific provisions of this Article, the Sections of this Act pertaining to public utilities, public utility rates and services, and the regulation thereof, are fully and equally applicable to noncompetitive telecommunications rates and services, and the regulation thereof, except where the context clearly renders such provisions inapplicable. Except to the extent modified or supplemented by the specific provisions of this Article, Articles I through V, Sections 8-301, 8-505, 9-221, 9-222, 9-222.1, 9-222.2, 9-250, and 9-252.1, and Articles X and XI of this Act are fully and equally applicable to competitive telecommunications rates and services, and the regulation thereof; in addition, as to competitive telecommunications rates and services, and the regulation thereof, all rules and regulations made by a telecommunications carrier affecting or pertaining to its charges or service to the public shall be just and reasonable, provided that nothing in this Section shall be construed to prevent a telecommunications carrier from accepting payment electronically or by the use of a customer-preferred financially
97 [May 30, 2001] accredited credit or debit methodology. As of the effective date of this amendatory Act of the 92nd General Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall cease to apply to telecommunications rates and services. (Source: P.A. 90-38, eff. 6-27-97.) (220 ILCS 5/13-202.5 new) Sec. 13-202.5. Incumbent local exchange carrier. "Incumbent local exchange carrier" means, with respect to an area, the telecommunications carrier that provided noncompetitive local exchange telecommunications service in that area on February 8, 1996, and on that date was deemed a member of the exchange carrier association pursuant to 47 C.F.R. 69.601(b), and includes its successors, assigns, and affiliates. (220 ILCS 5/13-216 new) Sec. 13-216. Network element. "Network element" means a facility or equipment used in the provision of a telecommunications service. The term also includes features, functions, and capabilities that are provided by means of the facility or equipment, including, but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service. (220 ILCS 5/13-217 new) Sec. 13-217. End user. "End user" means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. (220 ILCS 5/13-218 new) Sec. 13-218. Business end user. "Business end user" means (1) an end user engaged primarily or substantially in a paid commercial, professional, or institutional activity; (2) an end user provided telecommunications service in a commercial, professional, or institutional location, or other location serving primarily or substantially as a site of an activity for pay; (3) an end user whose telecommunications service is listed as the principal or only number for a business in any yellow pages directory; (4) an end user whose telecommunications service is used to conduct promotions, solicitations, or market research for which compensation or reimbursement is paid or provided; provided, however, that the use of telecommunications service, without compensation or reimbursement, for a charitable or civic purpose shall not constitute business use of a telecommunications service. (220 ILCS 5/13-219 new) Sec. 13-219. Residential end user. "Residential end user" means an end user other than a business end user. (220 ILCS 5/13-220 new) Sec. 13-220. Retail telecommunications service. "Retail telecommunications service" means a telecommunications service sold to an end user. "Retail telecommunications service" does not include a telecommunications service provided by a telecommunications carrier to a telecommunications carrier, including to itself, as a component of, or for the provision of, telecommunications service. A business retail telecommunications service is a retail telecommunications service provided to a business end user. A residential retail telecommunications service is a retail telecommunications service provided to a residential end user. (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1) (Section scheduled to be repealed on July 1, 2001) Sec. 13-301.1. Universal Telephone Service Assistance Program. (a) The Commission shall by rule or regulation establish a
[May 30, 2001] 98 Universal Telephone Service Assistance Program for low income residential customers. The program shall provide for a reduction of access line charges, a reduction of connection charges, or any other alternative to increase accessibility to telephone service that the Commission deems advisable subject to the availability of funds for the program as provided in subsection (d)
99 [May 30, 2001] (220 ILCS 5/13-301.3 new) Sec. 13-301.3. Digital Divide Elimination Infrastructure Program. (a) The Digital Divide Elimination Infrastructure Fund is created as a special fund in the State treasury. All moneys in the Fund shall be used, subject to appropriation, by the Commission to fund the construction of facilities specified in Commission rules adopted under this Section. The Commission may accept private and public funds, including federal funds, for deposit into the Fund. Earnings attributable to moneys in the Fund shall be deposited into the Fund. (b) The Commission shall adopt rules under which it will make grants out of funds appropriated from the Digital Divide Elimination Infrastructure Fund to eligible entities as specified in the rules for the construction of high-speed data transmission facilities in areas of the State for which the incumbent local exchange carrier having the duty to serve such area, and the obligation to provide advanced services to such area pursuant to Section 13-517 of this Act, has sought and obtained an exemption from such obligation based upon a Commission finding that provision of such advanced services to customers in such area is either unduly economically burdensome or will impose a significant adverse economic impact on users of telecommunications services generally. (c) The rules of the Commission shall provide for the competitive selection of recipients of grant funds available from the Digital Divide Elimination Infrastructure Fund pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders chosen on the basis of the criteria established in such rules. (d) All entities awarded grant moneys under this Section shall maintain all records required by Commission rule for the period of time specified in the rules. Such records shall be subject to audit by the Commission, by any auditor appointed by the State, or by any State officer authorized to conduct audits. (220 ILCS 5/13-303 new) Sec. 13-303. Action to enforce law or orders. Whenever the Commission is of the opinion that a telecommunications carrier is failing or omitting, or is about to fail or omit, to do anything required of it by law or by an order, decision, rule, regulation, direction, or requirement of the Commission or is doing or permitting anything to be done, or is about to do anything or is about to permit anything to be done, contrary to or in violation of law or an order, decision, rule, regulation, direction, or requirement of the Commission, the Commission shall file an action or proceeding in the circuit court in and for the county in which the case or some part thereof arose or in which the telecommunications carrier complained of has its principal place of business, in the name of the People of the State of Illinois for the purpose of having the violation or threatened violation stopped and prevented either by mandamus or injunction. The Commission may express its opinion in a resolution based upon whatever factual information has come to its attention and may issue the resolution ex parte and without holding any administrative hearing before bringing suit. Except in cases involving an imminent threat to the public health and safety, no such resolution shall be adopted until 48 hours after the telecommunications carrier has been given notice of (i) the substance of the alleged violation, including citation to the law, order, decision, rule, regulation, or direction of the Commission alleged to have been violated and (ii) the time and the date of the meeting at which such resolution will first be before the Commission for consideration. The Commission shall file the action or proceeding by complaint in the circuit court alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or
[May 30, 2001] 100 injunction. It shall be the duty of the court to specify a time, not exceeding 20 days after the service of the copy of the complaint, within which the telecommunications carrier complained of must answer the complaint, and in the meantime the telecommunications carrier may be restrained. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances of the case. The telecommunications carrier and persons that the court may deem necessary or proper may be joined as parties. The final judgment in any action or proceeding shall either dismiss the action or proceeding or grant relief by mandamus or injunction as prayed for in the complaint, or in such modified or other form as will afford appropriate relief in the court's judgment. (220 ILCS 5/13-303.5 new) Sec. 13-303.5. Injunctive relief. If, after a hearing, the Commission determines that a telecommunications carrier has violated this Act or a Commission order or rule, any telecommunications carrier adversely affected by the violation may seek injunctive relief in circuit court. (220 ILCS 5/13-304 new) Sec. 13-304. Action to recover civil penalties. (a) The Commission shall assess and collect all civil penalties established under this Act against telecommunications carriers, corporations other than telecommunications carriers, and persons acting as telecommunications carriers. Except for the penalties provided under Section 2-202, civil penalties may be assessed only after notice and opportunity to be heard. Any such civil penalty may be compromised by the Commission. In determining the amount of the civil penalty to be assessed, or the amount of the civil penalty to be compromised, the Commission is authorized to consider any matters of record in aggravation or mitigation of the penalty, including but not limited to the following: (1) the duration and gravity of the violation of the Act, the rules, or the order of the Commission; (2) the presence or absence of due diligence on the part of the violator in attempting either to comply with requirements of the Act, the rules, or the order of the Commission, or to secure lawful relief from those requirements; (3) any economic benefits accrued by the violator because of the delay in compliance with requirements of the Act, the rules, or the order of the Commission; and (4) the amount of monetary penalty that will serve to deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act, the rules, or the order of the Commission by the violator and other persons similarly subject to the Act. (b) If timely judicial review of a Commission order that imposes a civil penalty is taken by a telecommunications carrier, a corporation other than a telecommunications carrier, or a person acting as a telecommunications carrier on whom or on which the civil penalty has been imposed, the reviewing court shall enter a judgment on all amounts upon affirmance of the Commission order. If timely judicial review is not taken and the civil penalty remains unpaid for 60 days after service of the order, the Commission in its discretion may either begin revocation proceedings or bring suit to recover the penalties. Unless stayed by a reviewing court, interest shall accrue from the 60th day after the date of service of the Commission order to the date full payment is received by the Commission. (c) Actions to recover delinquent civil penalties under this Section shall be brought in the name of the People of the State of Illinois in the circuit court in and for the county in which the cause,
101 [May 30, 2001] or some part thereof, arose, or in which the entity complained of resides. The action shall be commenced and prosecuted to final judgement by the Commission. In any such action, all interest incurred up to the time of final court judgment may be recovered in that action. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. Any such action may be compromised or discontinued on application of the Commission upon such terms as the court shall approve and order. (d) Civil penalties related to the late filing of reports, taxes, or other filings shall be paid into the State treasury to the credit of the Public Utility Fund. Except as otherwise provided in this Act, all other fines and civil penalties shall be paid into the State treasury to the credit of the General Revenue Fund. (220 ILCS 5/13-305 new) Sec. 13-305. Amount of civil penalty. A telecommunications carrier, any corporation other than a telecommunications carrier, or any person acting as a telecommunications carrier that violates or fails to comply with any provisions of this Act or that fails to obey, observe, or comply with any order, decision, rule, regulation, direction, or requirement, or any part or provision thereof, of the Commission, made or issued under authority of this Act, in a case in which a civil penalty is not otherwise provided for in this Act, but excepting Section 5-202 of the Act, shall be subject to a civil penalty imposed in the manner provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's gross intrastate annual telecommunications revenue, whichever is greater, for each offense unless the violator has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 for each offense. A telecommunications carrier subject to administrative penalties resulting from a final Commission order approving an intercorporate transaction entered pursuant to Section 7-204 of this Act shall be subject to penalties under this Section imposed for the same conduct only to the extent that such penalties exceed those imposed by the final Commission order. Every violation of the provisions of this Act or of any order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, by any corporation or person, is a separate and distinct offense. Penalties under this Section shall attach and begin to accrue from the day after written notice is delivered to such party or parties that they are in violation of or have failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or part or provision thereof. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. In construing and enforcing the provisions of this Act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any telecommunications carrier or of any person acting within the scope of his or her duties or employment shall in every case be deemed to be the act, omission, or failure of such telecommunications carrier or person. If the party who has violated or failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, fails to seek timely review pursuant to Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the statutory time limit, be subject to the civil penalty provision of this Section. Twenty percent of all moneys collected under this Section shall be deposited into the Digital Divide Elimination Fund and 20% of all moneys collected under this Section shall be deposited into the Digital Divide Elimination Infrastructure Fund.
[May 30, 2001] 102 (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407) (Section scheduled to be repealed on July 1, 2001) Sec. 13-407. Commission study and report. The Commission shall monitor and analyze patterns of entry and exit
103 [May 30, 2001] and after a compliance hearing is held, is found by the Commission to be in compliance with the Commission's order. (Source: P.A. 84-1063.) (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) (Section scheduled to be repealed on July 1, 2001) Sec. 13-502. Classification of services. (a) All telecommunications services offered or provided under tariff by telecommunications carriers shall be classified as either competitive or noncompetitive. A telecommunications carrier may offer or provide either competitive or noncompetitive telecommunications services, or both, subject to proper certification and other applicable provisions of this Article. Any tariff filed with the Commission as required by Section 13-501 shall indicate whether the service to be offered or provided is competitive or noncompetitive. (b) A service shall be classified as competitive only if, and only to the extent that, for some identifiable class or group of customers in an exchange, group of exchanges, or some other clearly defined geographical area, such service, or its functional equivalent, or a substitute service, is reasonably available from more than one provider, whether or not any such provider is a telecommunications carrier subject to regulation under this Act. All telecommunications services not properly classified as competitive shall be classified as noncompetitive. The Commission shall have the power to investigate the propriety of any classification of a telecommunications service on its own motion and shall investigate upon complaint. In any hearing or investigation, the burden of proof as to the proper classification of any service shall rest upon the telecommunications carrier providing the service. After notice and hearing, the Commission shall order the proper classification of any service in whole or in part. The Commission shall make its determination and issue its final order no later than 180 days from the date such hearing or investigation is initiated. If the Commission enters into a hearing upon complaint and if the Commission fails to issue an order within that period, the complaint shall be deemed granted unless the Commission, the complainant, and the telecommunications carrier providing the service agree to extend the time period. (c) In determining whether a service should be reclassified as competitive, the Commission shall, at a minimum, consider the following factors: (1) the number, size, and geographic distribution of other providers of the service; (2) the availability of functionally equivalent services in the relevant geographic area and the ability of telecommunications carriers or other persons to make the same, equivalent, or substitutable service readily available in the relevant market at comparable rates, terms, and conditions; (3) the existence of economic, technological, or any other barriers to entry into, or exit from, the relevant market; (4) the extent to which other telecommunications companies must rely upon the service of another telecommunications carrier to provide telecommunications service; and (5) any other factors that may affect competition and the public interest that the Commission deems appropriate. (d) No tariff classifying a new telecommunications service as competitive or reclassifying a previously noncompetitive telecommunications service as competitive, which is filed by a telecommunications carrier which also offers or provides noncompetitive telecommunications service, shall be effective unless and until such telecommunications carrier offering or providing, or seeking to offer or provide, such proposed competitive service prepares and files a
[May 30, 2001] 104 study of the long-run service incremental cost underlying such service and demonstrates that the tariffed rates and charges for the service and any relevant group of services that includes the proposed competitive service and for which resources are used in common solely by that group of services are not less than the long-run service incremental cost of providing the service and each relevant group of services. Such study shall be given proprietary treatment by the Commission at the request of such carrier if any other provider of the competitive service, its functional equivalent, or a substitute service in the geographical area described by the proposed tariff has not filed, or has not been required to file, such a study. (e)
105 [May 30, 2001] (c) All retail vertical services, as defined herein, that are provided by a telecommunications carrier subject, as of May 1, 2001, to alternative regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall be classified as competitive as of June 1, 2003 without further Commission review. Retail vertical services shall include, for purposes of this Section, services available on a subscriber's telephone line that the subscriber pays for on a periodic or per use basis, but shall not include caller identification and call waiting. (d) Any action or proceeding before the Commission upon the effective date of this amendatory Act of the 92nd General Assembly, in which it is alleged that a telecommunications carrier has improperly classified services as competitive, other than a case pertaining to Section 13-506.1, shall be abated and the services the classification of which is at issue shall be deemed either competitive or noncompetitive as set forth in this Section. Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall be deemed liable to refund, and shall refund, the sum of $90,000,000 to that class or those classes of its customers that were alleged to have paid rates in excess of noncompetitive rates as the result of the alleged improper classification. The telecommunications carrier shall make the refund no later than 120 days after the effective date of this amendatory Act of the 92nd General Assembly. (e) Any telecommunications carrier subject to an action or proceeding in which it is alleged that the telecommunications carrier has improperly classified services as competitive shall also pay the sum of $15,000,000 to the Digital Divide Elimination Fund established pursuant to Section 5-20 of the Eliminate the Digital Divide Law, and shall further pay the sum of $15,000,000 to the Digital Divide Elimination Infrastructure Fund established pursuant to Section 13-301.3 of this Act. The telecommunications carrier shall make each of these payments in 3 installments of $5,000,000, payable on July 1 of 2002, 2003, and 2004. The telecommunications carrier shall have no further accounting for these payments, which shall be used for the purposes established in the Eliminate the Digital Divide Law. (f) All other services shall be classified pursuant to Section 13-502 of this Act. (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509) (Section scheduled to be repealed on July 1, 2001) Sec. 13-509. Agreements for provisions of competitive telecommunications services differing from tariffs. A telecommunications carrier may negotiate with customers or prospective customers to provide competitive telecommunications service, and in so doing, may offer or agree to provide such service on such terms and for such rates or charges as are reasonable, without regard to any tariffs it may have filed with the Commission with respect to such services. Within 30
[May 30, 2001] 106 identifying the new agreement and specifically referencing the contract or memorandum already on file with the Commission which contains the same provisions. A single letter may be used to file more than one new agreement. Upon filing its contract or memorandum, or letter, the telecommunications carrier shall thereafter provide service according to the terms thereof, unless the Commission finds, after notice and hearing, that the continued provision of service pursuant to such contract or memorandum would substantially and adversely affect the financial integrity of the telecommunications carrier or would violate any other provision of this Act. Any contract or memorandum entered into and filed pursuant to the provisions of this Section may, in the Commission's discretion, be accorded proprietary treatment. (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) (220 ILCS 5/13-514) (Section scheduled to be repealed on July 1, 2001) Sec. 13-514. Prohibited Actions of Telecommunications Carriers. A telecommunications carrier shall not knowingly impede the development of competition in any telecommunications service market. The following prohibited actions are considered per se impediments to the development of competition; however, the Commission is not limited in any manner to these enumerated impediments and may consider other actions which impede competition to be prohibited: (1) unreasonably refusing or delaying interconnections or collocation or providing inferior connections to another telecommunications carrier; (2) unreasonably impairing the speed, quality, or efficiency of services used by another telecommunications carrier; (3) unreasonably denying a request of another provider for information regarding the technical design and features, geographic coverage, information necessary for the design of equipment, and traffic capabilities of the local exchange network except for proprietary information unless such information is subject to a proprietary agreement or protective order; (4) unreasonably delaying access in connecting another telecommunications carrier to the local exchange network whose product or service requires novel or specialized access requirements; (5) unreasonably refusing or delaying access by any person to another telecommunications carrier; (6) unreasonably acting or failing to act in a manner that has a substantial adverse effect on the ability of another telecommunications carrier to provide service to its customers; (7) unreasonably failing to offer services to customers in a local exchange, where a telecommunications carrier is certificated to provide service and has entered into an interconnection agreement for the provision of local exchange telecommunications services, with the intent to delay or impede the ability of the incumbent local exchange telecommunications carrier to provide inter-LATA telecommunications services;
107 [May 30, 2001] be offered on an unbundled basis to another telecommunications carrier in a manner consistent with the Commission's or Federal Communications Commission's orders or rules requiring such offerings; (11) violating the obligations of Section 13-801; and (12) violating an order of the Commission regarding matters between telecommunications carriers. (Source: P.A. 90-185, eff. 7-23-97.) (220 ILCS 5/13-515) (Section scheduled to be repealed on July 1, 2001) Sec. 13-515. Enforcement. (a) The following expedited procedures shall be used to enforce the provisions of Section 13-514 of this Act
[May 30, 2001] 108 that the complaint violates subsection (i) of this Section, the complainant may file a reply to such allegation within 3 days after actual service of such answer or responsive pleading. Within 4 days after the time for filing a reply has expired, the hearing officer or arbitrator shall either issue a written decision dismissing the complaint as frivolous in violation of subsection (i) of this Section including the reasons for such disposition or shall issue an order directing that the complaint shall proceed. (6) A pre-hearing conference shall be held within 14 days after the date on which the complaint is filed. (7) The hearing shall commence within 30 days of the date on which the complaint is filed. The hearing may be conducted by a hearing examiner or by an arbitrator. Parties and the Commission staff shall be entitled to present evidence and legal argument in oral or written form as deemed appropriate by the hearing examiner or arbitrator. The hearing examiner or arbitrator shall issue a written decision within 60 days after the date on which the complaint is filed. The decision shall include reasons for the disposition of the complaint and, if a violation of Section 13-514 is found, directions and a deadline for correction of the violation. (8) Any party may file a petition requesting the Commission to review the decision of the hearing examiner or arbitrator within 5 days of such decision. Any party may file a response to a petition for review within 3 business days after actual service of the petition. After the time for filing of the petition for review, but no later than 15 days after the decision of the hearing examiner or arbitrator, the Commission shall decide to adopt the decision of the hearing examiner or arbitrator or shall issue its own final order. (e) If the alleged violation has a substantial adverse effect on the ability of the complainant to provide service to customers, the complainant may include in its complaint a request for an order for emergency relief. The Commission, acting through its designated hearing examiner or arbitrator, shall act upon such a request within 2 business days of the filing of the complaint. An order for emergency relief may be granted, without an evidentiary hearing, upon a verified factual showing that the party seeking relief will likely succeed on the merits, that the party will suffer irreparable harm in its ability to serve customers if emergency relief is not granted, and that the order is in the public interest. An order for emergency relief shall include a finding that the requirements of this subsection have been fulfilled and shall specify the directives that must be fulfilled by the respondent and deadlines for meeting those directives. The decision of the hearing examiner or arbitrator to grant or deny emergency relief shall be considered an order of the Commission unless the Commission enters its own order within 2 calendar days of the decision of the hearing examiner or arbitrator. The order for emergency relief may require the responding party to act or refrain from acting so as to protect the provision of competitive service offerings to customers. Any action required by an emergency relief order must be technically feasible and economically reasonable and the respondent must be given a reasonable period of time to comply with the order. (f) The Commission is authorized to obtain outside resources including, but not limited to, arbitrators and consultants for the purposes of the hearings authorized by this Section. Any arbitrator or consultant obtained by the Commission shall be approved by both parties to the hearing. The cost of such outside resources including, but not limited to, arbitrators and consultants shall be borne by the parties.
109 [May 30, 2001] The Commission shall review the bill for reasonableness and assess the parties for reasonable costs dividing the costs according to the resolution of the complaint brought under this Section. Such costs shall be paid by the parties directly to the arbitrators, consultants, and other providers of outside resources within 60 days after receiving notice of the assessments from the Commission. Interest at the statutory rate shall accrue after expiration of the 60-day period. The Commission, arbitrators, consultants, or other providers of outside resources may apply to a court of competent jurisdiction for an order requiring payment. (g) The Commission shall assess the parties under this subsection for all of the Commission's costs of investigation and conduct of the proceedings brought under this Section including, but not limited to, the prorated salaries of staff, attorneys, hearing examiners, and support personnel and including any travel and per diem, directly attributable to the complaint brought pursuant to this Section, but excluding those costs provided for in subsection (f), dividing the costs according to the resolution of the complaint brought under this Section. All assessments made under this subsection shall be paid into the Public Utility Fund within 60 days after receiving notice of the assessments from the Commission. Interest at the statutory rate shall accrue after the expiration of the 60 day period. The Commission is authorized to apply to a court of competent jurisdiction for an order requiring payment. (h) If the Commission determines that there is an imminent threat to competition or to the public interest, the Commission may, notwithstanding any other provision of this Act, seek temporary, preliminary, or permanent injunctive relief from a court of competent jurisdiction either prior to or after the hearing. (i) A party shall not bring or defend a proceeding brought under this Section or assert or controvert an issue in a proceeding brought under this Section, unless there is a non-frivolous basis for doing so. By presenting a pleading, written motion, or other paper in complaint or defense of the actions or inaction of a party under this Section, a party is certifying to the Commission that to the best of that party's knowledge, information, and belief, formed after a reasonable inquiry of the subject matter of the complaint or defense, that the complaint or defense is well grounded in law and fact, and under the circumstances: (1) it is not being presented to harass the other party, cause unnecessary delay in the provision of competitive telecommunications services to consumers, or create needless increases in the cost of litigation; and (2) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery as defined herein. (j) If, after notice and a reasonable opportunity to respond, the Commission determines that subsection (i) has been violated, the Commission shall impose appropriate sanctions upon the party or parties that have violated subsection (i) or are responsible for the violation. The sanctions shall be not more than $30,000
[May 30, 2001] 110 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) (220 ILCS 5/13-516) (Section scheduled to be repealed on July 1, 2001) Sec. 13-516. Enforcement remedies
111 [May 30, 2001] determine (1) whether the Commission entered the order identified in the petition and (2) whether the violating telecommunications carrier has complied with the Commission's order. A certified copy of a Commission order shall be prima facie evidence that the Commission entered the order so certified. Pending the court's resolution of the petition, the court may award temporary or preliminary injunctive relief, or such other equitable relief as may be necessary, to effectively implement and enforce the Commission's order in a timely manner. If after a hearing the court finds that the Commission entered the order identified in the petition and that the violating telecommunications carrier has not complied with the Commission's order, the court shall enter judgment requiring the violating telecommunications carrier to comply with the Commission's order and order such relief at law or in equity as the court deems necessary to effectively implement and enforce the Commission's order in a timely manner. The court shall also award to the petitioner, or petitioners, attorney's fees and costs, which shall be taxed and collected as part of the costs of the case. If the court finds that the violating telecommunications carrier has failed to comply with the timely payment of damages, attorney's fees, or costs ordered by the Commission, the court shall order the violating telecommunications carrier to pay to the telecommunications carrier or carriers awarded the damages, fees, or costs by the Commission additional damages for the sake of example and by way of punishment for the failure to timely comply with the order of the Commission, unless the court finds a reasonable basis for the violating telecommunications carrier's failure to make timely payment according to the Commission's order, in which instance the court shall establish a new date for payment to be made.
[May 30, 2001] 112 (A) to avoid a significant adverse economic impact on users of telecommunications services generally; (B) to avoid imposing a requirement that is unduly economically burdensome; (C) to avoid imposing a requirement that is technically infeasible; or (D) to avoid imposing a requirement that is otherwise impractical to implement in exchanges with low population density; and (2) is consistent with the public interest, convenience, and necessity. The Commission shall act upon any petition filed under this subsection within 180 days after receiving such petition. The Commission may by rule establish standards for granting any waiver of the requirements of this Section. The Commission may, upon complaint or on its own motion, hold a hearing to reconsider its grant of a waiver in whole or in part. In the event that the Commission, following hearing, determines that the affected ILEC no longer meets the requirements of item (2) of this subsection, the Commission shall by order rescind such waiver, in whole or in part. In the event and to the degree the Commission rescinds such waiver, the Commission shall establish an implementation schedule for compliance with the requirements of this Section. (c) As used in this Section, "advanced telecommunications services" means services capable of supporting, in at least one direction, a speed in excess of 200 kilobits per second (kbps) to the network demarcation point at the subscriber's premises. (220 ILCS 5/13-518 new) Sec. 13-518. Optional service packages. (a) It is the intent of this Section to provide unlimited local service packages at prices that will result in savings for the average consumer. Each telecommunications carrier that provides competitive and noncompetitive services, and that is subject to an alternative regulation plan pursuant to Section 13-506.1 of this Article, shall provide, in addition to such other services as it offers, the following optional packages of services for a fixed monthly rate, which, along with the terms and conditions thereof, the Commission shall review, pursuant to Article IX of this Act, to determine whether such rates, terms, and conditions are fair, just, and reasonable. (1) A budget package, which shall consist of residential access service and unlimited local calls. (2) A flat rate package, which shall consist of residential access service, unlimited local calls, and the customer's choice of 2 vertical services as defined in this Section. (3) An enhanced flat rate package, which shall consist of residential access service for 2 lines, unlimited local calls, the customer's choice of 2 vertical services as defined in this Section, and unlimited local toll service. (b) Nothing in this Section or this Act shall be construed to prohibit any telecommunications carrier subject to this Section from charging customers who elect to take one of the groups of services offered pursuant to this Section, any applicable surcharges, fees, and taxes. (c) The term "vertical services", when used in this Section, includes, but is not necessarily limited to, call waiting, call forwarding, 3-way calling, caller ID, call tracing, automatic callback, repeat dialing, and voicemail. (d) The service packages described in this Section shall be defined as noncompetitive services. (220 ILCS 5/13-712 new) Sec. 13-712. Basic local exchange service quality; customer
113 [May 30, 2001] credits. (a) It is the intent of the General Assembly that every telecommunications carrier meet minimum service quality standards in providing basic local exchange service on a non-discriminatory basis to all classes of customers. (b) Definitions: (1) "Alternative telephone service" means, except where technically impracticable, a wireless telephone capable of making local calls, and may also include, but is not limited to, call forwarding, voice mail, or paging services. (2) "Basic local exchange service" means residential and business lines used for local exchange telecommunications service as defined in Section 13-204 of this Act, excluding: (A) services that employ advanced telecommunications capability as defined in Section 706(c)(1) of the federal Telecommunications Act of 1996; (B) vertical services; (C) company official lines; and (D) records work only. (3) "Link Up" refers to the Link Up Assistance program defined and established at 47 C.F.R. Section 54.411 et seq. as amended. (c) The Commission shall promulgate service quality rules for basic local exchange service, which may include fines, penalties, customer credits, and other enforcement mechanisms. In developing such service quality rules, the Commission shall consider, at a minimum, the carrier's gross annual intrastate revenue; the frequency, duration, and recurrence of the violation; and the relative harm caused to the affected customer or other users of the network. In imposing fines, the Commission shall take into account compensation or credits paid by the telecommunications carrier to its customers pursuant to this Section in compensation for the violation found pursuant to this Section. These rules shall become effective within one year after the effective date of this amendatory Act of the 92nd General Assembly. (d) The rules shall, at a minimum, require each telecommunications carrier to do all of the following: (1) Install basic local exchange service within 5 business days after receipt of an order from the customer unless the customer requests an installation date that is beyond 5 business days after placing the order for basic service and to inform the customer of its duty to install service within this timeframe. If installation of service is requested on or by a date more than 5 business days in the future, the telecommunications carrier shall install service by the date requested. A telecommunications carrier offering basic local exchange service utilizing the network or network elements of another carrier shall install new lines for basic local exchange service within 3 business days after provisioning of the line or lines by the carrier whose network or network elements are being utilized is complete. This subdivision (d)(1) does not apply to the migration of a customer between telecommunications carriers, so long as the customer maintains dial tone. (2) Restore basic local exchange service for a customer within 24 hours of receiving notice that a customer is out of service. This provision applies to service disruptions that occur when a customer switches existing basic local exchange service from one carrier to another. (3) Keep all repair and installation appointments for basic local exchange service, when a customer premises visit requires a customer to be present.
[May 30, 2001] 114 (4) Inform a customer when a repair or installation appointment requires the customer to be present. (e) The rules shall include provisions for customers to be credited by the telecommunications carrier for violations of basic local exchange service quality standards as described in subsection (d). The credits shall be applied on the statement issued to the customer for the next monthly billing cycle following the violation or following the discovery of the violation. The performance levels established in subsection (c) are solely for the purposes of consumer credits and shall not be used as performance levels for the purposes of assessing penalties under Section 13-305. At a minimum, the rules shall include the following: (1) If a carrier fails to repair an out-of-service condition for basic local exchange service within 24 hours, the carrier shall provide a credit to the customer. If the service disruption is for 48 hours or less, the credit must be equal to a pro-rata portion of the monthly recurring charges for all local services disrupted. If the service disruption is for more than 48 hours, but not more than 72 hours, the credit must be equal to at least 33% of one month's recurring charges for all local services disrupted. If the service disruption is for more than 72 hours, but not more than 96 hours, the credit must be equal to at least 67% of one month's recurring charges for all local services disrupted. If the service disruption is for more than 96 hours, but not more than 120 hours, the credit must be equal to one month's recurring charges for all local services disrupted. For each day or portion thereof that the service disruption continues beyond the initial 120-hour period, the carrier shall also provide either alternative telephone service or an additional credit of $20 per day, at the customers option. (2) If a carrier fails to install basic local exchange service as required under subdivision (d)(1), the carrier shall waive 50% of any installation charges, or in the absence of an installation charge or where installation is pursuant to the Link Up program, the carrier shall provide a credit of $25. If a carrier fails to install service within 10 business days after the service application is placed, or fails to install service within 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall waive 100% of the installation charge, or in the absence of an installation charge or where installation is provided pursuant to the Link Up program, the carrier shall provide a credit of $50. For each day that the failure to install service continues beyond the initial 10 business days, or beyond 5 business days after the customer's requested installation date, if the requested date was more than 5 business days after the date of the order, the carrier shall also provide either alternative telephone service or an additional credit of $20 per day, at the customer's option until service is installed. (3) If a carrier fails to keep a scheduled repair or installation appointment when a customer premises visit requires a customer to be present, the carrier shall credit the customer $50 per missed appointment. A credit required by this subsection does not apply when the carrier provides the customer with 24-hour notice of its inability to keep the appointment. (4) If the violation of a basic local exchange service quality standard is caused by a carrier other than the carrier providing retail service to the customer, the carrier providing retail service to the customer shall credit the customer as provided in this Section. The carrier causing the violation shall reimburse the carrier providing retail service the amount credited
115 [May 30, 2001] the customer. When applicable, an interconnection agreement shall govern compensation between the carrier causing the violation, in whole or in part, and the retail carrier providing the credit to the customer. (5) When alternative telephone service is appropriate, the customer may select one of the alternative telephone services offered by the carrier. The alternative telephone service shall be provided at no cost to the customer for the provision of local service. (6) Credits required by this subsection do not apply if the violation of a service quality standard: (i) occurs as a result of a negligent or willful act on the part of the customer; (ii) occurs as a result of a malfunction of customer-owned telephone equipment or inside wiring; (iii) occurs as a result of, or is extended by, an emergency situation as defined in Commission rules; (iv) is extended by the carrier's inability to gain access to the customer's premises due to the customer missing an appointment, provided that the violation is not further extended by the carrier; (v) occurs as a result of a customer request to change the scheduled appointment, provided that the violation is not further extended by the carrier; (vi) occurs as a result of a carrier's right to refuse service to a customer as provided in Commission rules; or (vii) occurs as a result of a lack of facilities where a customer requests service at a geographically remote location, a customer requests service in a geographic area where the carrier is not currently offering service, or there are insufficient facilities to meet the customer's request for service, subject to a carrier's obligation for reasonable facilities planning. (7) The provisions of this subsection are cumulative and shall not in any way diminish or replace other civil or administrative remedies available to a customer or a class of customers. (f) The rules shall require each telecommunications carrier to provide to the Commission, on a quarterly basis and in a form suitable for posting on the Commission's website, a public report that includes performance data for basic local exchange service quality of service. The performance data shall be disaggregated for each geographic area and each customer class of the State for which the telecommunications carrier internally monitored performance data as of a date 120 days preceding the effective date of this amendatory Act of the 92nd General Assembly. The report shall include, at a minimum, performance data on basic local exchange service installations, lines out of service for more than 24 hours, carrier response to customer calls, trouble reports, and missed repair and installation commitments. (g) The Commission shall establish and implement carrier to carrier wholesale service quality rules and establish remedies to ensure enforcement of the rules. (220 ILCS 5/13-713 new) Sec. 13-713. Consumer complaint resolution process. (a) It is the intent of the General Assembly that consumer complaints against telecommunications carriers shall be concluded as expeditiously as possible consistent with the rights of the parties thereto to the due process of law and protection of the public interest. (b) The Commission shall promulgate rules that permit parties to
[May 30, 2001] 116 resolve disputes through mediation. A consumer may request mediation upon completion of the Commission's informal complaint process and prior to the initiation of a formal complaint as described in Commission rules. (c) A residential consumer or business consumer with fewer than 20 lines shall have the right to request mediation for resolution of a dispute with a telecommunications carrier. The carrier shall be required to participate in mediation at the consumer's request. (d) The Commission may retain the services of an independent neutral mediator or trained Commission staff to facilitate resolution of the consumer dispute. The mediation process must be completed no later than 45 days after the consumer requests mediation. (e) If the parties reach agreement, the agreement shall be reduced to writing at the conclusion of the mediation. The writing shall contain mutual conditions, payment arrangements, or other terms that resolve the dispute in its entirety. If the parties are unable to reach agreement or after 45 days, whichever occurs first, the consumer may file a formal complaint with the Commission as described in Commission rules. (f) If either the consumer or the carrier fails to abide by the terms of the settlement agreement, either party may exercise any rights it may have as specified in the terms of the agreement or as provided in Commission rules. (g) All notes, writings and settlement discussions related to the mediation shall be exempt from discovery and shall be inadmissible in any agency or court proceeding. (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801) (Section scheduled to be repealed on July 1, 2001) Sec. 13-801. Incumbent local exchange carrier obligations. (a) This Section provides additional State requirements contemplated by, but not inconsistent with, Section 261(c) of the federal Telecommunications Act of 1996, and not preempted by orders of the Federal Communications Commission. A telecommunications carrier not subject to regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act shall not be subject to the provisions of this Section, to the extent that this Section imposes requirements or obligations upon the telecommunications carrier that exceed or are more stringent than those obligations imposed by Section 251 of the federal Telecommunications Act of 1996 and regulations promulgated thereunder. An incumbent local exchange carrier shall provide a requesting telecommunications carrier with interconnection, collocation, network elements, and access to operations support systems on just, reasonable, and nondiscriminatory rates, terms, and conditions to enable the provision of any and all existing and new telecommunications services within the LATA, including, but not limited to, local exchange and exchange access. The Commission shall require the incumbent local exchange carrier to provide interconnection, collocation, and network elements in any manner technically feasible to the fullest extent possible to implement the maximum development of competitive telecommunications services offerings. As used in this Section, to the extent that interconnection, collocation, or network elements have been deployed for or by the incumbent local exchange carrier or one of its wireline local exchange affiliates in any jurisdiction, it shall be presumed that such is technically feasible in Illinois. (b) Interconnection. (1) An incumbent local exchange carrier shall provide for the facilities and equipment of any requesting telecommunications carrier's interconnection with the incumbent local exchange carrier's network on just, reasonable, and nondiscriminatory rates, terms, and conditions:
117 [May 30, 2001] (A) for the transmission and routing of local exchange, and exchange access telecommunications services; (B) at any technically feasible point within the incumbent local exchange carrier's network; however, the incumbent local exchange carrier may not require the requesting carrier to interconnect at more than one technically feasible point within a LATA; and (C) that is at least equal in quality and functionality to that provided by the incumbent local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the incumbent local exchange carrier provides interconnection. (2) An incumbent local exchange carrier shall make available to any requesting telecommunications carrier, to the extent technically feasible, those services, facilities, or interconnection agreements or arrangements that the incumbent local exchange carrier or any of its incumbent local exchange subsidiaries or affiliates offers in another state under the terms and conditions, but not the stated rates, negotiated pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section. An incumbent local exchange carrier shall also make available to any requesting telecommunications carrier, to the extent technically feasible, and subject to the unbundling provisions of Section 251(d)(2) of the federal Telecommunications Act of 1996, those unbundled network element or interconnection agreements or arrangements that a local exchange carrier affiliate of the incumbent local exchange carrier obtains in another state from the incumbent local exchange carrier in that state, under the terms and conditions, but not the stated rates, obtained through negotiation, or through an arbitration initiated by the affiliate, pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section. (c) Collocation. An incumbent local exchange carrier shall provide for physical or virtual collocation of any type of equipment for interconnection or access to network elements at the premises of the incumbent local exchange carrier on just, reasonable, and nondiscriminatory rates, terms, and conditions. The equipment shall include, but is not limited to, optical transmission equipment, multiplexers, remote switching modules, and cross-connects between the facilities or equipment of other collocated carriers. The equipment shall also include microwave transmission facilities on the exterior and interior of the incumbent local exchange carrier's premises used for interconnection to, or for access to network elements of, the incumbent local exchange carrier or a collocated carrier, unless the incumbent local exchange carrier demonstrates to the Commission that it is not practical due to technical reasons or space limitations. An incumbent local exchange carrier shall allow, and provide for, the most reasonably direct and efficient cross-connects, that are consistent with safety and network reliability standards, between the facilities of collocated carriers. An incumbent local exchange carrier shall also allow, and provide for, cross connects between a noncollocated telecommunications carrier's network elements platform, or a noncollocated telecommunications carrier's transport facilities, and the facilities of any collocated carrier, consistent with safety and network reliability standards. (d) Network elements. The incumbent local exchange carrier shall provide to any requesting telecommunications carrier, for the provision of an existing or a new telecommunications service, nondiscriminatory
[May 30, 2001] 118 access to network elements on any unbundled or bundled basis, as requested, at any technically feasible point on just, reasonable, and nondiscriminatory rates, terms, and conditions. (1) An incumbent local exchange carrier shall provide unbundled network elements in a manner that allows requesting telecommunications carriers to combine those network elements to provide a telecommunications service. (2) An incumbent local exchange carrier shall not separate network elements that are currently combined, except at the explicit direction of the requesting carrier. (3) Upon request, an incumbent local exchange carrier shall combine any sequence of unbundled network elements that it ordinarily combines for itself, including but not limited to, unbundled network elements identified in The Draft of the Proposed Ameritech Illinois 271 Amendment (I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed by Illinois Bell Telephone Company on or about March 28, 2001 with the Illinois Commerce Commission under Illinois Commerce Commission Docket Number 00-0700. The Commission shall determine those network elements the incumbent local exchange carrier ordinarily combines for itself if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act. The incumbent local exchange carrier shall be entitled to recover from the requesting telecommunications carrier any just and reasonable special construction costs incurred in combining such unbundled network elements (i) if such costs are not already included in the established price of providing the network elements, (ii) if the incumbent local exchange carrier charges such costs to its retail telecommunications end users, and (iii) if fully disclosed in advance to the requesting telecommunications carrier. The Commission shall determine whether the incumbent local exchange carrier is entitled to any special construction costs if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act. (4) A telecommunications carrier may use a network elements platform consisting solely of combined network elements of the incumbent local exchange carrier to provide end to end telecommunications service for the provision of existing and new local exchange, interexchange that includes local, local toll, and intraLATA toll, and exchange access telecommunications services within the LATA without the requesting telecommunications carrier's provision or use of any other facilities or functionalities. (5) The Commission shall establish maximum time periods for the incumbent local exchange carrier's provision of network elements. The maximum time period shall be no longer than the time period for the incumbent local exchange carrier's provision of comparable retail telecommunications services utilizing those network elements. The Commission may establish a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier if a requesting telecommunications carrier establishes that it shall perform other functions or activities after receipt of the particular network element to provide telecommunications services to end users. The burden of proof for establishing a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier shall be on the requesting telecommunications
119 [May 30, 2001] carrier. Notwithstanding any other provision of this Article, unless and until the Commission establishes by rule or order a different specific maximum time interval, the maximum time intervals shall not exceed 5 business days for the provision of unbundled loops, both digital and analog, 10 business days for the conditioning of unbundled loops or for existing combinations of network elements for an end user that has existing local exchange telecommunications service, and one business day for the provision of the high frequency portion of the loop (line-sharing) for at least 95% of the requests of each requesting telecommunications carrier for each month. In measuring the incumbent local exchange carrier's actual performance, the Commission shall ensure that occurrences beyond the control of the incumbent local exchange carrier that adversely affect the incumbent local exchange carrier's performance are excluded when determining actual performance levels. Such occurrences shall be determined by the Commission, but at a minimum must include work stoppage or other labor actions and acts of war. Exclusions shall also be made for performance that is governed by agreements approved by the Commission and containing timeframes for the same or similar measures or for when a requesting telecommunications carrier requests a longer time interval. (6) When a telecommunications carrier requests a network elements platform referred to in subdivision (d)(4) of this Section, without the need for field work outside of the central office, for an end user that has existing local exchange telecommunications service provided by an incumbent local exchange carrier, or by another telecommunications carrier through the incumbent local exchange carrier's network elements platform, unless otherwise agreed by the telecommunications carriers, the incumbent local exchange carrier shall provide the requesting telecommunications carrier with the requested network elements platform within 3 business days for at least 95% of the requests for each requesting telecommunications carrier for each month. A requesting telecommunications carrier may order the network elements platform as is for an end user that has such existing local exchange service without changing any of the features previously selected by the end user. The incumbent local exchange carrier shall provide the requested network elements platform without any disruption to the end user's services. Absent a contrary agreement between the telecommunications carriers entered into after the effective date of this amendatory Act of the 92nd General Assembly, as of 12:01 a.m. on the third business day after placing the order for a network elements platform, the requesting telecommunications carrier shall be the presubscribed primary local exchange carrier for that end user line and shall be entitled to receive, or to direct the disposition of, all revenues for all services utilizing the network elements in the platform, unless it is established that the end user of the existing local exchange service did not authorize the requesting telecommunications carrier to make the request. (e) Operations support systems. The Commission shall establish minimum standards with just, reasonable, and nondiscriminatory rates, terms, and conditions for the preordering, ordering, provisioning, maintenance and repair, and billing functions of the incumbent local exchange carrier's operations support systems provided to other telecommunications carriers. (f) Resale. An incumbent local exchange carrier shall offer all retail telecommunications services, that the incumbent local exchange carrier provides at retail to subscribers who are not
[May 30, 2001] 120 telecommunications carriers, within the LATA, together with each applicable optional feature or functionality, subject to resale at wholesale rates without imposing any unreasonable or discriminatory conditions or limitations. Wholesale rates shall be based on the retail rates charged to end users for the telecommunications service requested, excluding the portion thereof attributable to any marketing, billing, collection, and other costs avoided by the local exchange carrier. The Commission may determine under Article IX of this Act that certain noncompetitive services, together with each applicable optional feature or functionality, that are offered to residence customers under different rates, charges, terms, or conditions than to other customers should not be subject to resale under the rates, charges, terms, or conditions available only to residence customers. (g) Cost based rates. Interconnection, collocation, network elements, and operations support systems shall be provided by the incumbent local exchange carrier to requesting telecommunications carriers at cost based rates. The immediate implementation and provisioning of interconnection, collocation, network elements, and operations support systems shall not be delayed due to any lack of determination by the Commission as to the cost based rates. When cost based rates have not been established, within 30 days after the filing of a petition for the setting of interim rates, or after the Commission's own motion, the Commission shall provide for interim rates that shall remain in full force and effect until the cost based rate determination is made, or the interim rate is modified, by the Commission. (h) Rural exemption. This Section does not apply to certain rural telephone companies as described in 47 U.S.C. 251(f). (i) Schedule of rates. A telecommunications carrier may request the incumbent local exchange carrier to provide a schedule of rates listing each of the rate elements of the incumbent local exchange carrier that pertains to a proposed order identified by the requesting telecommunications carrier for any of the matters covered in this Section. The incumbent local exchange carrier shall deliver the requested schedule of rates to the requesting telecommunications carrier within 2 business days for 95% of the requests for each requesting carrier. (j) Special access circuits. Notwithstanding subdivision (d)(3) of this Section, nothing in this amendatory Act of the 92nd General Assembly is intended to allow the migration of any interstate special access circuit that exists as of the effective date of this amendatory Act of the 92nd General Assembly to a combination of network elements. Other than as provided in subdivision (d)(4) of this Section for the network elements platform described in that subdivision, the Commission may determine the use of combinations of network elements as substitutes for switched and special access services pursuant to a request by a telecommunications carrier. (k) The Commission shall determine any matters in dispute between the incumbent local exchange carrier and the requesting carrier pursuant to Section 13-515 of this Act.
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[May 30, 2001] 122 subscriber's telecommunications service shall be provided by the telecommunications carrier selected by the subscriber. (c) Authorization and verification of orders for telecommunications service. (1) No telecommunications carrier shall submit or execute a change on behalf of a subscriber in the subscriber's selection of a provider of telecommunications service except in accordance with the procedures prescribed in this subsection. (2) No submitting carrier shall submit a change on the behalf of a subscriber in the subscriber's selection of a provider of telecommunications service prior to obtaining: (A) authorization from the subscriber; and (B) verification of that authorization in accordance with the procedures prescribed in this Section. The submitting carrier shall maintain and preserve records of verification of subscriber authorization for a minimum period of 2 years after obtaining such verification. (3) An executing carrier shall not verify the submission of a change in a subscriber's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures described in this Section shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier. (4) Commercial mobile radio services (CMRS) providers shall be excluded from the verification requirements of this Section as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with 47 U.S.C. 332(c)(8). (5) Where a telecommunications carrier is selling more than one type of telecommunications service (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, and international toll), that carrier must obtain separate authorization from the subscriber for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in this Section. (6) No telecommunications carrier shall submit a preferred carrier change order unless and until the order has been confirmed in accordance with one of the following procedures: (A) The telecommunications carrier has obtained the subscriber's written or electronically signed authorization in a form that meets the requirements of subsection (d). (B) The telecommunications carrier has obtained the subscriber's electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number or numbers on which the preferred carrier is to be changed and must confirm the information in subsections (b) and (c) of this Section. Telecommunications carriers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the toll-free telephone numbers must connect a subscriber to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the originating automatic number identification. (C) An appropriately qualified independent third party has obtained, in accordance with the procedures set forth in
123 [May 30, 2001] paragraphs (7) through (10) of this subsection, the subscriber's oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data. The independent third party must not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier change orders for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent. (7) Methods of third party verification. Automated third party verification systems and three-way conference calls may be used for verification purposes so long as the requirements of paragraphs (8) through (10) of this subsection are satisfied. (8) Carrier initiation of third party verification. A carrier or a carrier's sales representative initiating a three-way conference call or a call through an automated verification system must drop off the call once the three-way connection has been established. (9) Requirements for content and format of third party verification. All third party verification methods shall elicit, at a minimum, the identity of the subscriber; confirmation that the person on the call is authorized to make the carrier change; confirmation that the person on the call wants to make the carrier change; the names of the carriers affected by the change; the telephone numbers to be switched; and the types of service involved. Third party verifiers may not market the carrier's services by providing additional information, including information regarding preferred carrier freeze procedures. (10) Other requirements for third party verification. All third party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. In accordance with the procedures set forth in paragraph (2)(B) of this subsection, submitting carriers shall maintain and preserve audio records of verification of subscriber authorization for a minimum period of 2 years after obtaining such verification. Automated systems must provide consumers with an option to speak with a live person at any time during the call. (11) Telecommunications carriers must provide subscribers the option of using one of the authorization and verification procedures specified in paragraph (6) of this subsection in addition to an electronically signed authorization and verification procedure under paragraph (6)(A) of this subsection. (d) Letter of agency form and content. (1) A telecommunications carrier may use a written or electronically signed letter of agency to obtain authorization or verification, or both, of a subscriber's request to change his or her preferred carrier selection. A letter of agency that does not conform with this Section is invalid for purposes of this Section. (2) The letter of agency shall be a separate document (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in paragraph (5) of this subsection having the sole purpose of authorizing a telecommunications carrier to initiate a preferred carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line or lines requesting the preferred carrier change. (3) The letter of agency shall not be combined on the same document, screen, or webpage with inducements of any kind.
[May 30, 2001] 124 (4) Notwithstanding paragraphs (2) and (3) of this subsection, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in paragraph (5) of this subsection and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold-face type on the front of the check, a notice that the subscriber is authorizing a preferred carrier change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check. (5) At a minimum, the letter of agency must be printed with a type of sufficient size and readability to be clearly legible and must contain clear and unambiguous language that confirms: (A) The subscriber's billing name and address and each telephone number to be covered by the preferred carrier change order; (B) The decision to change the preferred carrier from the current telecommunications carrier to the soliciting telecommunications carrier; (C) That the subscriber designates (insert the name of the submitting carrier) to act as the subscriber's agent for the preferred carrier change; (D) That the subscriber understands that only one telecommunications carrier may be designated as the subscriber's interstate or interLATA preferred interexchange carrier for any one telephone number. To the extent that a jurisdiction allows the selection of additional preferred carriers (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, or international interexchange) the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and (E) That the subscriber may consult with the carrier as to whether a fee will apply to the change in the subscriber's preferred carrier. (6) Any carrier designated in a letter of agency as a preferred carrier must be the carrier directly setting the rates for the subscriber. (7) Letters of agency shall not suggest or require that a subscriber take some action in order to retain the subscriber's current telecommunications carrier. (8) If any portion of a letter of agency is translated into another language then all portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the letter of agency. (9) Letters of agency submitted with an electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act. (10) A telecommunications carrier shall submit a preferred carrier change order on behalf of a subscriber within no more than 60 days after obtaining a written or electronically signed letter of agency. (11) If a telecommunications carrier uses a letter of agency, the carrier shall send a letter to the subscriber using first class mail, postage prepaid, no later than 10 days after the telecommunications carrier submitting the change in the
125 [May 30, 2001] subscriber's telecommunications carrier is on notice that the change has occurred. The letter must inform the subscriber of the details of the telecommunications carrier change and provide the subscriber with a toll free number to call should the subscriber wish to cancel the change. (e) A switch in a subscriber's selection of a provider of telecommunications service that complies with the rules promulgated by the Federal Communications Commission and any amendments thereto shall be deemed to be in compliance with the provisions of this Section. (f) The Commission shall promulgate any rules necessary to administer this Section. The rules promulgated under this Section shall comport with the rules, if any, promulgated by the Attorney General pursuant to the Consumer Fraud and Deceptive Business Practices Act and with any rules promulgated by the Federal Communications Commission. (g) Complaints may be filed with the Commission under this Section by a subscriber whose telecommunications service has been provided by an unauthorized telecommunications carrier as a result of an unreasonable delay, by a subscriber whose telecommunications carrier has been changed to another telecommunications carrier in a manner not in compliance with this Section, by a subscriber's authorized telecommunications carrier that has been removed as a subscriber's telecommunications carrier in a manner not in compliance with this Section, by a subscriber's authorized submitting carrier whose change order was delayed unreasonably, or by the Commission on its own motion. Upon filing of the complaint, the parties may mutually agree to submit the complaint to the Commission's established mediation process. Remedies in the mediation process may include, but shall not be limited to, the remedies set forth in this subsection. In its discretion, the Commission may deny the availability of the mediation process and submit the complaint to hearings. If the complaint is not submitted to mediation or if no agreement is reached during the mediation process, hearings shall be held on the complaint. If, after notice and hearing, the Commission finds that a telecommunications carrier has violated this Section or a rule promulgated under this Section, the Commission may in its discretion do any one or more of the following: (1) Require the violating telecommunications carrier to refund to the subscriber all fees and charges collected from the subscriber for services up to the time the subscriber receives written notice of the fact that the violating carrier is providing telecommunications service to the subscriber, including notice on the subscriber's bill. For unreasonable delays wherein telecommunications service is provided by an unauthorized carrier, the Commission may require the violating carrier to refund to the subscriber all fees and charges collected from the subscriber during the unreasonable delay. The Commission may order the remedial action outlined in this subsection only to the extent that the same remedial action is allowed pursuant to rules or regulations promulgated by the Federal Communications Commission. (2) Require the violating telecommunications carrier to refund to the subscriber charges collected in excess of those that would have been charged by the subscriber's authorized telecommunications carrier. (3) Require the violating telecommunications carrier to pay to the subscriber's authorized telecommunications carrier the amount the authorized telecommunications carrier would have collected for the telecommunications service. The Commission is authorized to reduce this payment by any amount already paid by the violating telecommunications carrier to the subscriber's authorized telecommunications carrier for those telecommunications services. (4) Require the violating telecommunications carrier to pay a
[May 30, 2001] 126 fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section. (5) Issue a cease and desist order. (6) For a pattern of violation of this Section or for intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority.
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[May 30, 2001] 130 any subscriber's telephone bill: (1) Inform the subscriber. The telecommunications carrier offering the product or service must thoroughly inform the subscriber of the product or service being offered, including all associated charges, and explicitly inform the subscriber that the associated charges for the product or service will appear on the subscriber's telephone bill. (2) Obtain subscriber authorization. The subscriber must have clearly and explicitly consented to obtaining the product or service offered and to having the associated charges appear on the subscriber's telephone bill. The consent must be verified by the service provider in accordance with subsection (d) of this Section. A record of the consent must be maintained by the telecommunications carrier offering the product or service for at least 24 months immediately after the consent and verification were obtained. (d) Verification or notification. Except in subscriber-initiated transactions with a certificated telecommunications carrier for which the telecommunications carrier has the appropriate documentation, the telecommunications carrier, after obtaining the subscriber's authorization in the required manner, shall either verify the authorization or notify the subscriber as follows: (1) Independent third-party verification: (A) Verification shall be obtained by an independent third party that: (i) operates from a facility physically separate from that of the telecommunications carrier; (ii) is not directly or indirectly managed, controlled, directed, or owned wholly or in part by the telecommunications carrier or the carrier's marketing agent; and (iii) does not derive commissions or compensation based upon the number of sales confirmed. (B) The third-party verification agent shall state, and shall obtain the subscriber's acknowledgment of, the following disclosures: (i) the subscriber's name, address, and the telephone numbers of all telephone lines that will be charged for the product or service of the telecommunications carrier; (ii) that the person speaking to the third party verification agent is in fact the subscriber; (iii) that the subscriber wishes to purchase the product or service of the telecommunications carrier and is agreeing to do so; (iv) that the subscriber understands that the charges for the product or service of the telecommunications carrier will appear on the subscriber's telephone bill; and (v) the name and customer service telephone number of the telecommunications carrier. (C) The telecommunications carrier shall retain, electronically or otherwise, proof of the verification of sales for a minimum of 24 months. (2) Notification. Written notification shall be provided as follows: (A) the telecommunications carrier shall mail a letter to the subscriber using first class mail, postage prepaid, no later than 10 days after initiation of the product or service; (B) the letter shall be a separate document sent for the
131 [May 30, 2001] sole purpose of describing the product or service of the telecommunications carrier; (C) the letter shall be printed with 10-point or larger type and clearly and conspicuously disclose the material terms and conditions of the offer of the telecommunications carrier, as described in paragraph (1) of subsection (c); (D) the letter shall contain a toll-free telephone number the subscriber can call to cancel the product or service; (E) the telecommunications carrier shall retain, electronically or otherwise, proof of written notification for a minimum of 24 months; and (F) Written notification can be provided via electronic mail if consumers are given the disclosures required by Section 101(c) of the Electronic Signatures In Global And National Commerce Act. (e) Unauthorized charges. (1) Responsibilities of the billing telecommunications carrier for unauthorized charges. If a subscriber's telephone bill is charged for any product or service without proper subscriber authorization and verification or notification of authorization in compliance with this Section, the telecommunications carrier that billed the subscriber, on its knowledge or notification of any unauthorized charge, shall promptly, but not later than 45 days after the date of the knowledge or notification of an unauthorized charge: (A) notify the product or service provider to immediately cease charging the subscriber for the unauthorized product or service; (B) remove the unauthorized charge from the subscriber's bill; and (C) refund or credit to the subscriber all money that the subscriber has paid for any unauthorized charge. (f) The Commission shall promulgate any rules necessary to ensure that subscribers are not billed on the telephone bill for products or services in a manner not in compliance with this Section. The rules promulgated under this Section shall comport with the rules, if any, promulgated by the Attorney General pursuant to the Consumer Fraud and Deceptive Business Practices Act and with any rules promulgated by the Federal Communications Commission or Federal Trade Commission. (g) Complaints may be filed with the Commission under this Section by a subscriber who has been billed on the telephone bill for products or services not in compliance with this Section or by the Commission on its own motion. Upon filing of the complaint, the parties may mutually agree to submit the complaint to the Commission's established mediation process. Remedies in the mediation process may include, but shall not be limited to, the remedies set forth in paragraphs (1) through (4) of this subsection. In its discretion, the Commission may deny the availability of the mediation process and submit the complaint to hearings. If the complaint is not submitted to mediation or if no agreement is reached during the mediation process, hearings shall be held on the complaint pursuant to Article 10 of this Act. If after notice and hearing, the Commission finds that a telecommunications carrier has violated this Section or a rule promulgated under this Section, the Commission may in its discretion order any one or more of the following: (1) Require the violating telecommunications carrier to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section. (2) Require the violating carrier to refund or cancel all
[May 30, 2001] 132 charges for products or services not billed in compliance with this Section. (3) Issue a cease and desist order. (4) For a pattern of violation of this Section or for intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority. (220 ILCS 5/13-1200 new) Sec. 13-1200. Repealer. This Article is repealed July 1, 2005. (220 ILCS 5/13-803 rep.) Section 25. The Public Utilities Act is amended by repealing Section 13-803. Section 30. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2DD as follows: (815 ILCS 505/2DD) Sec. 2DD. Telecommunication service provider selection. A telecommunication carrier shall not submit or execute a change in a subscriber's selection of a provider of local exchange telecommunications service or interexchange telecommunications service or offer or provide a product or service to be billed on the telephone bill as provided in Sections 13-902 and 13-903
133 [May 30, 2001] HOUSE BILL 2911 A bill for AN ACT concerning redistricting. 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. 2911. Passed the Senate, as amended, May 30, 2001. Jim Harry, Secretary of the Senate AMENDMENT NO. 1. Amend House Bill 2911 by replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Cook County Board of Review Districts Act of 2001. Section 5. Applicability. This Act applies to the election of members of the board of review in Cook County beginning with members elected in 2002. Section 10. Districts created. Cook County is divided into 3 board of review districts as follows: District No. 1 shall be comprised of the following units of census geography: Within the County of Cook: MCD/CCD of: Barrington; Within the MCD/CCD of Berwyn: Within Tract/BNA 815200: Within block group 3: Block(s): 3012, 3014, 3015, 3016, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029; Within block group 4: Block(s): 4013; Within Tract/BNA 815400: Block groups: 1, 2, 3; Within block group 4: Block(s): 4010; Tract/BNA(s): 815500; Within the MCD/CCD of Bloom: Tract/BNA(s): 828503, 828504, 828505, 828506, 828601, 828602; Within Tract/BNA 828701: Block groups: 1, 2; Within block group 3: Block(s): 3004, 3005, 3006, 3007, 3008, 3009; Within block group 4: Block(s): 4007, 4008, 4009, 4010, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4027, 4028, 4029, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047; Within Tract/BNA 828702: Within block group 3: Block(s): 3072, 3073; Tract/BNA(s): 828801, 828802, 828900; Within Tract/BNA 829000: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1026, 1027, 1028, 1029; Within block group 2: Block(s): 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018; Within Tract/BNA 829100: Within block group 1: Block(s): 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055; Within block group 2: Block(s): 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056; Tract/BNA(s): 829200, 829301, 829302, 829401, 829402, 829500, 829600; Within Tract/BNA 829700: Within block group 2: Block(s): 2020, 2021, 2022, 2024, 2025, 2026, 2027, 2028; Within block group 4: Block(s): 4024, 4025, 4028, 4029, 4030, 4031, 4032, 4033, 4034, 4035, 4036, 4037, 4038, 4039, 4040, 4041, 4042, 4043, 4044, 4045, 4046, 4047, 4048, 4049, 4050, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4059, 4060, 4061, 4062, 4063, 4064, 4065, 4066, 4067, 4068, 4069, 4070, 4071, 4072, 4073, 4074, 4075, 4076, 4077, 4078, 4079,
[May 30, 2001] 134 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4090, 4091, 4092, 4093, 4094, 4095, 4096, 4097, 4098, 4099, 4100, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114; Within the MCD/CCD of Bremen: Within Tract/BNA 824400: Block groups: 2; Tract/BNA(s): 824503, 824505, 824506, 824507, 824601, 824602, 824701, 824702; Within Tract/BNA 824800: Block groups: 4; Within Tract/BNA 824900: Block groups: 1, 2; Tract/BNA(s): 825000, 825200, 825301, 825302, 825400; Within Tract/BNA 825503: Block groups: 3, 4; Tract/BNA(s): 829901; Within the MCD/CCD of Chicago: Within Tract/BNA 090100: Within block group 3: Block(s): 3007; Within Tract/BNA 090200: Within block group 2: Block(s): 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012; Block group(s): 3; Within block group 4: Block(s): 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018; Tract/BNA(s): 090300; Within Tract/BNA 100200: Within block group 2: Block(s): 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010; Block group(s): 3, 4, 5, 6; Within block group 7: Block(s): 7006, 7007, 7008, 7009, 7010; Tract/BNA(s): 100300, 100400, 100500, 100600; Within Tract/BNA 100700: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002; Within block group 4: Block(s): 4000, 4001, 4002; Within block group 5: Block(s): 5000, 5001, 5002, 5003, 5004; Within Tract/BNA 110300: Within block group 5: Block(s): 5011; Within Tract/BNA 720300: Within block group 1: Block(s): 1004, 1005, 1006, 1007; Within block group 2: Block(s): 2001, 2002, 2003, 2004; Within block group 3: Block(s): 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010; Block group(s): 4; Within block group 5: Block(s): 5002, 5003, 5008, 5009; Tract/BNA(s): 720400; Within Tract/BNA 720500: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009; Within Tract/BNA 740100: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2007; Within Tract/BNA 740200: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, 2009, 2010; Block group(s): 3, 4, 5, 6; Within Tract/BNA 740300: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005, 1006, 1007; Block group(s): 2, 3, 4, 5, 6; Within Tract/BNA 740400: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005; Block group(s): 2, 3, 4, 5; Within Tract/BNA 750400: Block groups: 2; Within block group 3: Block(s): 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013; Within Tract/BNA 760800: Block groups: 1; Tract/BNA(s): 760900, 770500, 770600, 770700, 770800, 770900, 810400, 811600; Within the MCD/CCD of Cicero: Tract/BNA(s): 813300, 813700, 813800; Within Tract/BNA 814100: Block groups: 3; Tract/BNA(s): 814200, 814300, 814400, 814500; MCD/CCD(s): Elk Grove; Within the MCD/CCD of Evanston: Within Tract/BNA 808800: Within block group 1: Block(s): 1000, 1001, 1012, 1013; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2027; Within Tract/BNA 808900: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022; Within Tract/BNA 809000: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2014; Block group(s): 3; Within block group 4: Block(s): 4015, 4016; Within Tract/BNA 809100: Within block group 1: Block(s): 1001, 1002, 1003; Within block group 2: Block(s): 2006, 2007, 2008, 2009; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3012, 3013, 3014, 3015, 3016; MCD/CCD(s): Hanover, Lemont; Within the MCD/CCD of Leyden: Tract/BNA(s): 760900, 770700; Within Tract/BNA 770800: Within block group 1: Block(s): 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,
135 [May 30, 2001] 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1041, 1043; Block group(s): 2; Within Tract/BNA 770900: Within block group 6: Block(s): 6006, 6009, 6021; Tract/BNA(s): 805702, 810701, 810702, 810800, 810900, 811000, 811100, 811200, 811301, 811302, 811401, 811402, 811500, 811600, 811701, 811702, 811800; Within the MCD/CCD of Lyons: Tract/BNA(s): 819100, 819200, 819300, 819400, 819500, 819600, 819700, 819801, 819802, 819900, 820000, 820101, 820103, 820104, 820201; Within Tract/BNA 820202: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109, 1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1139, 1140, 1141, 1142, 1143, 1144, 1146, 1147, 1148, 1149, 1150, 1974, 1975, 1976, 1977, 1978, 1979, 1986, 1987, 1988, 1989, 1990, 1991, 1999; Block group(s): 2, 3; Within Tract/BNA 820300: Within block group 1: Block(s): 1000, 1001, 1999; Within Tract/BNA 820501: Within block group 6: Block(s): 6016; Within Tract/BNA 820601: Within block group 2: Block(s): 2010, 2049, 2050, 2051, 2052, 2053, 2055, 2056, 2065, 2067, 2068, 2069, 2070, 2071, 2072, 2996, 2997, 2998; Within Tract/BNA 820602: Within block group 1: Block(s): 1015, 1016, 1017, 1018, 1019, 1023, 1026, 1027, 1028, 1029, 1030, 1031; Block group(s): 2; Within the MCD/CCD of Maine: Tract/BNA(s): 090100, 090300, 760900, 770600, 770700, 805201, 805202; Within Tract/BNA 805301: Within block group 2: Block(s): 2007; Within block group 3: Block(s): 3001, 3002, 3003, 3004; Within block group 4: Block(s): 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014; Within Tract/BNA 805302: Within block group 4: Block(s): 4012, 4013; Tract/BNA(s): 805401, 805402, 805501, 805502, 805600, 805701, 805801, 805802, 805901, 805902, 806001, 806002, 806003; Within Tract/BNA 806004: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021; Block group(s): 2, 3; Tract/BNA(s): 806101, 806102, 806200, 806300, 806400, 806501, 806502, 806600; Within the MCD/CCD of New Trier: Tract/BNA(s): 800100, 800200, 800300, 800400, 800500, 800600, 800700, 800800; Within Tract/BNA 800900: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009; Block group(s): 3, 4; Tract/BNA(s): 801000, 801100, 801200, 801300, 801400; Within the MCD/CCD of Niles: Within Tract/BNA 808600: Within block group 1: Block(s): 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029; Block group(s): 2; MCD/CCD(s): Northfield; Within the MCD/CCD of Norwood Park: Tract/BNA(s): 100500, 810400; MCD/CCD(s): Orland, Palatine, Palos; Within the MCD/CCD of Proviso: Within Tract/BNA 816200: Within block group 1: Block(s): 1000, 1001, 1002, 1004, 1010; Within Tract/BNA 816700: Block groups: 2, 3; Tract/BNA(s): 816800; Within Tract/BNA 816900: Within block group 4: Block(s): 4007, 4008, 4009, 4010, 4013, 4014, 4015, 4016, 4021, 4022; Within Tract/BNA 817400: Within block group 1: Block(s): 1000, 1001, 1002; Within Tract/BNA 818000: Within block group 1: Block(s): 1041, 1042, 1043, 1044, 1045; Block group(s): 2, 3; Tract/BNA(s): 818100, 818200; Within Tract/BNA 818300: Block groups: 2; Within block group 3: Block(s): 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3018, 3019, 3020, 3021, 3022; Block group(s): 4, 5; Tract/BNA(s): 818401, 818402, 818500, 818600, 818700, 818800, 818900, 819000; Within the MCD/CCD of Rich: Tract/BNA(s): 829800; Within Tract/BNA 829901: Within block group
[May 30, 2001] 136 2: Block(s): 2000; Within block group 5: Block(s): 5006, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017, 5018, 5019, 5020, 5021, 5022, 5023, 5024, 5025, 5026, 5027, 5028, 5029, 5030, 5031, 5032, 5035, 5036, 5037, 5038, 5039, 5040, 5041, 5042, 5043, 5044, 5045, 5047, 5048, 5049, 5050, 5051, 5052, 5053, 5054, 5055, 5056, 5057, 5058, 5059, 5060, 5061, 5062, 5063, 5064, 5065; Within Tract/BNA 829902: Within block group 1: Block(s): 1016, 1017, 1018, 1019; Within block group 2: Block(s): 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044; Within block group 4: Block(s): 4016, 4017, 4019, 4021; Tract/BNA(s): 830001, 830002, 830003, 830004, 830005, 830006, 830100, 830201, 830202, 830300, 830400; MCD/CCD(s): River Forest, Riverside, Schaumburg; Within the MCD/CCD of Thornton: Within Tract/BNA 827902: Within block group 1: Block(s): 1006, 1007; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3008, 3009, 3010, 3011, 3012; Within block group 4: Block(s): 4008; Within Tract/BNA 828000: Block groups: 1, 2; Within block group 3: Block(s): 3027; Block group(s): 4; Tract/BNA(s): 828100; Within Tract/BNA 828201: Within block group 1: Block(s): 1005, 1006, 1007, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1069, 1070, 1071, 1072, 1073, 1074, 1075; Block group(s): 2, 3; Tract/BNA(s): 828202; Within Tract/BNA 828401: Within block group 1: Block(s): 1011, 1012, 1013, 1014, 1015, 1016, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032; Within block group 2: Block(s): 2006, 2007, 2008, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030; Block group(s): 3, 4; MCD/CCD(s): Wheeling; Within the MCD/CCD of Worth: Tract/BNA(s): 740400, 821600, 821700, 821800, 821900; Within Tract/BNA 822101: Within block group 2: Block(s): 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019; Block group(s): 3, 4; Tract/BNA(s): 822102; Within Tract/BNA 822200: Block groups: 2, 3; Within Tract/BNA 822301: Block groups: 2; Tract/BNA(s): 822302; Within Tract/BNA 822400: Within block group 2: Block(s): 2014; Block group(s): 3, 4; Tract/BNA(s): 822500, 822601, 822602, 822701, 822702, 822801, 822802, 823001, 823002, 823101, 823102, 823200, 823302, 823303; Within Tract/BNA 823304: Within block group 1: Block(s): 1004, 1005, 1006, 1007, 1008, 1009, 1010; Block group(s): 2, 3, 4, 5, 6, 7; Tract/BNA(s): 823400, 823500, 823602; Within Tract/BNA 823603: Within block group 2: Block(s): 2993; Tract/BNA(s): 823604, 823605. District No. 2 shall be comprised of the following units of census geography: Within the County of Cook: Within the MCD/CCD of Undefined: Within Tract/BNA 000000: Within block group 0: Block(s): 0986, 0987, 0988, 0989; Within the MCD/CCD of Chicago: Tract/BNA(s): 010100, 010200, 010300, 010400, 010500, 010600, 010700, 010800, 010900, 020100, 020200, 020300, 020400, 020500, 020600, 020700, 020800, 020900, 030100, 030200, 030300, 030400, 030500, 030600, 030700, 030800, 030900, 031000, 031100, 031200, 031300, 031400, 031500, 031600, 031700, 031800, 031900, 032000, 032100, 040100, 040200, 040300, 040400, 040500, 040600, 040700, 040800, 040900, 041000, 050100, 050200, 050300, 050400, 050500, 050600, 050700, 050800, 050900, 051000, 051100, 051200, 051300, 051400, 051500, 060100, 060200, 060300, 060400, 060500, 060600, 060700, 060800, 060900, 061000, 061100, 061200, 061300, 061400, 061500, 061600, 061700, 061800, 061900, 062000, 062100, 062200, 062300, 062400, 062500, 062600, 062700,
137 [May 30, 2001] 062800, 062900, 063000, 063100, 063200, 063300, 063400, 070100, 070200, 070300, 070400, 070500, 070600, 070700, 070800, 070900, 071000, 071100, 071200, 071300, 071400, 071500, 071600, 071700, 071800, 071900, 072000, 080100, 080200; Within Tract/BNA 080300: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004; Within block group 2: Block(s): 2000, 2001, 2002, 2006, 2009, 2010; Tract/BNA(s): 080600; Within Tract/BNA 080700: Block groups: 2; Within Tract/BNA 080900: Within block group 1: Block(s): 1000, 1001, 1006, 1007, 1008; Within block group 2: Block(s): 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008; Tract/BNA(s): 081000, 081100, 081200, 081300, 081400, 081500, 081600, 081700; Within Tract/BNA 081800: Within block group 1: Block(s): 1000, 1001, 1002, 1006, 1007, 1008, 1009, 1010, 1011, 1013, 1014, 1015, 1016; Block group(s): 2; Within block group 3: Block(s): 3000, 3001, 3003, 3004, 3008, 3009, 3010, 3012; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4006, 4007, 4008, 4009, 4010, 4012, 4013; Within Tract/BNA 081900: Within block group 1: Block(s): 1011, 1012; Within Tract/BNA 090100: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3009, 3010, 3011; Block group(s): 4; Within Tract/BNA 090200: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010; Block group(s): 5; Tract/BNA(s): 100100; Within Tract/BNA 100200: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002; Within block group 7: Block(s): 7000, 7001, 7002, 7003, 7004, 7005; Within Tract/BNA 100700: Within block group 3: Block(s): 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012; Within block group 4: Block(s): 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011; Within block group 5: Block(s): 5005, 5006, 5007, 5008, 5009, 5010, 5011, 5012, 5013, 5014, 5015, 5016, 5017; Tract/BNA(s): 110100, 110200; Within Tract/BNA 110300: Block groups: 1, 2, 3, 4; Within block group 5: Block(s): 5000, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, 5009, 5010; Tract/BNA(s): 110400, 110500, 120100, 120200, 120300, 120400, 130100, 130200, 130300, 130400, 130500, 140100, 140200, 140300, 140400, 140500, 140600, 140700, 140800, 150100, 150200, 150300, 150400, 150500, 150600, 150700, 150800, 150900, 151000, 151100, 151200, 160100, 160200, 160300, 160400, 160500, 160600, 160700, 160800, 160900, 161000, 161100, 161200, 161300, 170100, 170200, 170300, 170400, 170500, 170600, 170700, 170800, 170900, 171000, 171100, 180100, 180200, 180300, 190100, 190200, 190300, 190400, 190500; Within Tract/BNA 190600: Within block group 1: Block(s): 1000, 1001, 1002, 1003; Within block group 2: Block(s): 2000, 2001, 2002, 2003; Within block group 3: Block(s): 3000, 3001, 3002, 3003; Within block group 4: Block(s): 4000, 4001, 4002, 4003; Within block group 5: Block(s): 5000, 5001, 5002, 5003; Block group(s): 6, 7; Tract/BNA(s): 190700, 190800, 190900, 191000; Within Tract/BNA 191100: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004; Block group(s): 4, 5; Within block group 6: Block(s): 6000, 6001, 6002, 6003; Within Tract/BNA 191200: Block groups: 1; Within block group 2: Block(s): 2000, 2002, 2003, 2004; Tract/BNA(s): 191400, 200100, 200200, 200300, 200400, 200500, 200600, 210100, 210200, 210300, 210400, 210500, 210600, 210700, 210800, 210900, 220100, 220200, 220300, 220400, 220500, 220600, 220700, 220800, 220900, 221000, 221100, 221200, 221300, 221400, 221500, 221600, 221700, 221800, 221900, 222000, 222100, 222200, 222300, 222400, 222500, 222600, 222700, 222800, 222900, 230100, 230200, 230300, 230400; Within Tract/BNA 230500: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004; Within Tract/BNA 230600: Within block group 1: Block(s): 1000, 1001, 1002, 1003; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004; Block group(s): 4; Within block group 5: Block(s): 5000; Within block group 6: Block(s): 6000; Within Tract/BNA 230700: Block groups: 1; Within block group 2: Block(s): 2000, 2001,
[May 30, 2001] 138 2002, 2003, 2004, 2005, 2006, 2007; Within block group 3: Block(s): 3000, 3001, 3002; Block group(s): 4; Tract/BNA(s): 230800, 230900; Within Tract/BNA 231000: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1010, 1011; Within block group 2: Block(s): 2000, 2002, 2003, 2004; Within Tract/BNA 231100: Within block group 1: Block(s): 1000; Within Tract/BNA 231200: Within block group 1: Block(s): 1000; Within Tract/BNA 231700: Within block group 1: Block(s): 1002; Tract/BNA(s): 231800, 240100, 240200, 240300, 240400, 240500, 240600, 240700, 240800, 240900, 241000, 241100, 241200, 241300, 241400, 241500, 241600, 241700; Within Tract/BNA 241800: Block groups: 1; Within block group 2: Block(s): 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021; Tract/BNA(s): 241900, 242000, 242100, 242200, 242300, 242400, 242500, 242600, 242700; Within Tract/BNA 242800: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1016; Block group(s): 2; Within Tract/BNA 242900: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002; Within block group 3: Block(s): 3000, 3001, 3003; Within Tract/BNA 243000: Block groups: 1; Within block group 2: Block(s): 2000, 2001; Block group(s): 3; Within Tract/BNA 243100: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001; Within Tract/BNA 243200: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3006, 3007; Block group(s): 4; Tract/BNA(s): 243300, 243400; Within Tract/BNA 243500: Within block group 2: Block(s): 2009, 2010, 2011, 2012, 2013, 2014; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014; Within block group 4: Block(s): 4002, 4004, 4005, 4006, 4007, 4008, 4009, 4011, 4012, 4013, 4014, 4015, 4016; Within Tract/BNA 250100: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005; Tract/BNA(s): 250500, 282000; Within Tract/BNA 282600: Within block group 1: Block(s): 1013, 1015, 1016, 1017; Tract/BNA(s): 282800; Within Tract/BNA 282900: Block groups: 4; Within Tract/BNA 283000: Within block group 1: Block(s): 1006, 1007; Within block group 2: Block(s): 2001, 2002, 2003, 2004, 2005, 2006, 2007; Tract/BNA(s): 283400, 283500, 283600, 283700; Within Tract/BNA 283800: Within block group 2: Block(s): 2002, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013; Within Tract/BNA 283900: Within block group 2: Block(s): 2001, 2002, 2003, 2004, 2005, 2006; Block group(s): 3; Tract/BNA(s): 284200; Within Tract/BNA 291400: Within block group 1: Block(s): 1009, 1010, 1011; Tract/BNA(s): 291600; Within Tract/BNA 291700: Within block group 1: Block(s): 1000, 1001, 1010; Tract/BNA(s): 300100, 300200; Within Tract/BNA 300300: Within block group 1: Block(s): 1000, 1006, 1007; Tract/BNA(s): 300700, 300800, 300900, 301000, 301100, 301200, 301300, 301400, 301500, 301600; Within Tract/BNA 301700: Block groups: 1, 2, 3; Within Tract/BNA 302000: Block groups: 1, 3; Tract/BNA(s): 310100, 310200, 310300, 310400, 310500, 310600, 310700, 310800, 310900, 311000, 311100, 311200, 311300, 311400, 311500, 320100; Within Tract/BNA 320200: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3003, 3004, 3005, 3006, 3007, 3012, 3013, 3017, 3018; Within Tract/BNA 320300: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1008, 1009, 1010; Within Tract/BNA 320400: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013; Block group(s): 2; Within Tract/BNA 320500: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4005, 4006, 4007, 4012, 4018, 4019, 4020, 4023; Tract/BNA(s): 320600; Within Tract/BNA 330100: Block groups: 1; Within block group 2: Block(s): 2004, 2005; Within block group 3: Block(s): 3006, 3007, 3008, 3009, 3010, 3011; Within Tract/BNA 330200: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4001, 4002, 4003; Within Tract/BNA 340100: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,
139 [May 30, 2001] 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1029, 1030; Within Tract/BNA 340200: Within block group 1: Block(s): 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1024, 1025, 1026, 1027, 1028; Block group(s): 2; Within block group 3: Block(s): 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024; Block group(s): 4; Tract/BNA(s): 340300, 340400, 340500; Within Tract/BNA 340600: Within block group 1: Block(s): 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016; Block group(s): 2; Within Tract/BNA 370200: Within block group 2: Block(s): 2004, 2005; Within block group 3: Block(s): 3013; Within Tract/BNA 560100: Within block group 1: Block(s): 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031; Within Tract/BNA 560200: Within block group 3: Block(s): 3000, 3001, 3002, 3003; Block group(s): 4; Tract/BNA(s): 560300, 560400, 560500, 560600, 560700; Within Tract/BNA 560800: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3005, 3010, 3011; Within Tract/BNA 561100: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4001, 4002, 4004, 4005, 4006, 4010, 4011; Tract/BNA(s): 561200, 561300, 570100, 570300, 570400, 570500, 580100, 580200, 580300, 580400, 580500, 580600, 580700, 580800, 580900, 581000, 581100, 590100, 590200, 590300, 590400, 590500, 590600, 590700, 600100, 600200, 600300, 600400, 600500, 600600, 600700, 600800, 600900, 601000, 601100, 601200, 601300, 601400, 601500, 601600; Within Tract/BNA 610100: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1016, 1017, 1018, 1019, 1020, 1021; Block group(s): 2; Tract/BNA(s): 610200, 610300, 610400, 610500, 610600, 610700, 610800; Within Tract/BNA 610900: Within block group 1: Block(s): 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011; Within Tract/BNA 611500: Block groups: 2; Tract/BNA(s): 620100, 620200, 620300, 620400, 630200, 630300, 630400, 630500, 630800, 630900, 640100, 640200; Within Tract/BNA 640300: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4001, 4002, 4004, 4005, 4006, 4007, 4008; Within block group 5: Block(s): 5000, 5001, 5002, 5005, 5006, 5007; Within block group 6: Block(s): 6000, 6004; Tract/BNA(s): 650100, 650200, 660200, 660300, 660400; Within Tract/BNA 660500: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3009, 3010; Block group(s): 4; Tract/BNA(s): 660600; Within Tract/BNA 760800: Block groups: 2, 3; Tract/BNA(s): 808100; Within the MCD/CCD of Evanston: Tract/BNA(s): 806700, 808702; Within Tract/BNA 808800: Within block group 1: Block(s): 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030; Within block group 2: Block(s): 2014, 2024, 2025, 2026, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041; Within Tract/BNA 808900: Within block group 3: Block(s): 3023, 3024, 3025, 3026; Within Tract/BNA 809000: Within block group 1: Block(s): 1007, 1008, 1009, 1010, 1011; Within block group 2: Block(s): 2010, 2011, 2012, 2013, 2015; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014; Within Tract/BNA 809100: Within block group 1: Block(s): 1000, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2010, 2011, 2012, 2013, 2014, 2015; Within block group 3: Block(s): 3010, 3011, 3017; Tract/BNA(s): 809200, 809300, 809400, 809500, 809600, 809700, 809800, 809900, 810000, 810100, 810200, 810301, 810302; Within the MCD/CCD of Leyden: Within Tract/BNA 770800: Within block group 1: Block(s): 1000, 1001, 1024; Within Tract/BNA 770900: Block groups: 5; Within block group 6: Block(s): 6000, 6001, 6002, 6003, 6004, 6005, 6010, 6011, 6012, 6013, 6014, 6015,
[May 30, 2001] 140 6016, 6017, 6018, 6019, 6020, 6022, 6023; Within the MCD/CCD of Maine: Within Tract/BNA 805301: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, 2009; Within block group 3: Block(s): 3000; Within block group 4: Block(s): 4000, 4001, 4002, 4003; Within Tract/BNA 805302: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4014, 4015, 4016, 4017, 4018, 4019; Within Tract/BNA 806004: Within block group 1: Block(s): 1006, 1007, 1008, 1009, 1010, 1011; Within the MCD/CCD of New Trier: Within Tract/BNA 800900: Within block group 2: Block(s): 2010, 2011; Within the MCD/CCD of Niles: Tract/BNA(s): 020700, 806700, 806801, 806802, 806900, 807000, 807100, 807200, 807300, 807400, 807500, 807600, 807700, 807800, 807900, 808001, 808002, 808100, 808200, 808301, 808302, 808400, 808500; Within Tract/BNA 808600: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1030, 1031, 1032; Tract/BNA(s): 809200; Within the MCD/CCD of Norwood Park: Tract/BNA(s): 770900, 810501, 810502, 810600. District No. 3 shall be comprised of the following units of census geography: Within the County of Cook: Within the MCD/CCD of Undefined: Within Tract/BNA 000000: Within block group 0: Block(s): 0979, 0982, 0983, 0985; Within the MCD/CCD of Berwyn: Tract/BNA(s): 814600, 814700, 814800, 814900, 815000, 815100; Within Tract/BNA 815200: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3013, 3017, 3018, 3019, 3030, 3031; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012; Block group(s): 5; Tract/BNA(s): 815300; Within Tract/BNA 815400: Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4011, 4012, 4013; Within the MCD/CCD of Bloom: Within Tract/BNA 828701: Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4011, 4025, 4026, 4030, 4031; Within Tract/BNA 828702: Block groups: 1, 2; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041, 3042, 3043, 3044, 3045, 3046, 3047, 3048, 3049, 3050, 3051, 3052, 3053, 3054, 3055, 3056, 3057, 3058, 3059, 3060, 3061, 3062, 3063, 3064, 3065, 3066, 3067, 3068, 3069, 3070, 3071; Block group(s): 4, 5; Within Tract/BNA 829000: Within block group 1: Block(s): 1000, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026; Within Tract/BNA 829100: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2011, 2012; Within Tract/BNA 829700: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2023; Block group(s): 3; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4026, 4027; Within the MCD/CCD of Bremen: Tract/BNA(s): 824300; Within Tract/BNA 824400: Block groups: 1; Within Tract/BNA 824800: Block groups: 1, 2, 3; Within Tract/BNA 824900: Block groups: 3; Tract/BNA(s): 825501; Within Tract/BNA 825503: Block groups: 1, 2; Tract/BNA(s): 825504, 825505, 825600; MCD/CCD(s): Calumet; Within the MCD/CCD of Chicago: Within Tract/BNA 080300: Within block group 1: Block(s): 1005, 1006, 1007; Within block group 2: Block(s): 2003, 2004,
141 [May 30, 2001] 2005, 2007, 2008; Tract/BNA(s): 080400, 080500; Within Tract/BNA 080700: Block groups: 1; Tract/BNA(s): 080800; Within Tract/BNA 080900: Within block group 1: Block(s): 1002, 1003, 1004, 1005; Within block group 2: Block(s): 2002; Within Tract/BNA 081800: Within block group 1: Block(s): 1003, 1004, 1005, 1012; Within block group 3: Block(s): 3002, 3005, 3006, 3007, 3011; Within block group 4: Block(s): 4004, 4005, 4011; Within Tract/BNA 081900: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010; Within Tract/BNA 190600: Within block group 1: Block(s): 1004, 1005, 1006, 1007; Within block group 2: Block(s): 2004, 2005, 2006, 2007; Within block group 3: Block(s): 3004, 3005, 3006, 3007; Within block group 4: Block(s): 4004, 4005, 4006, 4007; Within block group 5: Block(s): 5004, 5005, 5006, 5007; Within Tract/BNA 191100: Within block group 3: Block(s): 3005; Within block group 6: Block(s): 6004, 6005; Within Tract/BNA 191200: Within block group 2: Block(s): 2001, 2005, 2006, 2007, 2008, 2009; Tract/BNA(s): 191300; Within Tract/BNA 230500: Within block group 3: Block(s): 3005, 3006, 3007, 3008; Within Tract/BNA 230600: Within block group 1: Block(s): 1004, 1005; Block group(s): 2; Within block group 3: Block(s): 3005; Within block group 5: Block(s): 5001, 5002, 5003, 5004, 5005; Within block group 6: Block(s): 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008; Within Tract/BNA 230700: Within block group 2: Block(s): 2008; Within block group 3: Block(s): 3003, 3004, 3005, 3006, 3007, 3008; Within Tract/BNA 231000: Within block group 1: Block(s): 1004, 1005, 1006, 1007, 1008, 1009; Within block group 2: Block(s): 2001, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012; Within Tract/BNA 231100: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008; Within Tract/BNA 231200: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005, 1006; Block group(s): 2, 3, 4, 5; Tract/BNA(s): 231300, 231400, 231500, 231600; Within Tract/BNA 231700: Within block group 1: Block(s): 1000, 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026; Block group(s): 2; Within Tract/BNA 241800: Within block group 2: Block(s): 2000, 2022; Within Tract/BNA 242800: Within block group 1: Block(s): 1009, 1010, 1011, 1012, 1013, 1014, 1015; Within Tract/BNA 242900: Within block group 2: Block(s): 2003, 2004, 2005; Within block group 3: Block(s): 3002, 3004, 3005, 3006; Within Tract/BNA 243000: Within block group 2: Block(s): 2002, 2003, 2004, 2005; Within Tract/BNA 243100: Within block group 3: Block(s): 3002, 3003, 3004, 3005, 3006; Within Tract/BNA 243200: Within block group 3: Block(s): 3001, 3002, 3003, 3004, 3005; Within Tract/BNA 243500: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008; Within block group 3: Block(s): 3006; Within block group 4: Block(s): 4000, 4001, 4003, 4010; Block group(s): 5; Tract/BNA(s): 243600; Within Tract/BNA 250100: Within block group 1: Block(s): 1006, 1007; Tract/BNA(s): 250200, 250300, 250400, 250600, 250700, 250800, 250900, 251000, 251100, 251200, 251300, 251400, 251500, 251600, 251700, 251800, 251900, 252000, 252100, 252200, 252300, 252400, 260100, 260200, 260300, 260400, 260500, 260600, 260700, 260800, 260900, 261000, 270100, 270200, 270300, 270400, 270500, 270600, 270700, 270800, 270900, 271000, 271100, 271200, 271300, 271400, 271500, 271600, 271700, 271800, 271900, 280100, 280200, 280300, 280400, 280500, 280600, 280700, 280800, 280900, 281000, 281100, 281200, 281300, 281400, 281500, 281600, 281700, 281800, 281900, 282100, 282200, 282300, 282400, 282500; Within Tract/BNA 282600: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014; Tract/BNA(s): 282700; Within Tract/BNA 282900: Block groups: 1, 2, 3; Within Tract/BNA 283000: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1008, 1009; Within block group 2: Block(s): 2000; Tract/BNA(s): 283100, 283200, 283300; Within Tract/BNA 283800:
[May 30, 2001] 142 Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2003, 2004; Within Tract/BNA 283900: Block groups: 1; Within block group 2: Block(s): 2000; Block group(s): 4; Tract/BNA(s): 284000, 284100, 284300, 290100, 290200, 290300, 290400, 290500, 290600, 290700, 290800, 290900, 291000, 291100, 291200, 291300; Within Tract/BNA 291400: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008; Block group(s): 2; Tract/BNA(s): 291500; Within Tract/BNA 291700: Within block group 1: Block(s): 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009; Tract/BNA(s): 291800, 291900, 292000, 292100, 292200, 292300, 292400, 292500, 292600, 292700; Within Tract/BNA 300300: Within block group 1: Block(s): 1001, 1002, 1003, 1004, 1005, 1008, 1009, 1010, 1011; Tract/BNA(s): 300400, 300500, 300600; Within Tract/BNA 301700: Block groups: 4, 5, 6; Tract/BNA(s): 301800, 301900; Within Tract/BNA 302000: Block groups: 2; Within Tract/BNA 320200: Within block group 3: Block(s): 3001, 3002, 3008, 3009, 3010, 3011, 3014, 3015, 3016; Within Tract/BNA 320300: Within block group 1: Block(s): 1005, 1006, 1007; Within Tract/BNA 320400: Within block group 1: Block(s): 1999; Within Tract/BNA 320500: Within block group 4: Block(s): 4001, 4002, 4003, 4004, 4008, 4009, 4010, 4011, 4013, 4014, 4015, 4016, 4017, 4021, 4022; Within Tract/BNA 330100: Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2006, 2007, 2008, 2009, 2010, 2011, 2012; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026, 3027, 3028, 3029, 3030, 3031, 3032, 3033, 3034, 3035, 3036, 3037, 3038, 3039, 3040, 3041; Block group(s): 4; Within Tract/BNA 330200: Within block group 4: Block(s): 4004, 4005; Tract/BNA(s): 330300, 330400, 330500; Within Tract/BNA 340100: Within block group 1: Block(s): 1028; Within Tract/BNA 340200: Within block group 1: Block(s): 1000, 1001, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023; Within block group 3: Block(s): 3000, 3001, 3025; Within Tract/BNA 340600: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005; Tract/BNA(s): 350100, 350200, 350300, 350400, 350500, 350600, 350700, 350800, 350900, 351000, 351100, 351200, 351300, 351400, 351500, 360100, 360200, 360300, 360400, 360500, 370100; Within Tract/BNA 370200: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012; Tract/BNA(s): 370300, 370400, 380100, 380200, 380300, 380400, 380500, 380600, 380700, 380800, 380900, 381000, 381100, 381200, 381300, 381400, 381500, 381600, 381700, 381800, 381900, 382000, 390100, 390200, 390300, 390400, 390500, 390600, 390700, 400100, 400200, 400300, 400400, 400500, 400600, 400700, 400800, 410100, 410200, 410300, 410400, 410500, 410600, 410700, 410800, 410900, 411000, 411100, 411200, 411300, 411400, 420100, 420200, 420300, 420400, 420500, 420600, 420700, 420800, 420900, 421000, 421100, 421200, 430100, 430200, 430300, 430400, 430500, 430600, 430700, 430800, 430900, 431000, 431100, 431200, 431300, 431400, 440100, 440200, 440300, 440400, 440500, 440600, 440700, 440800, 440900, 450100, 450200, 450300, 460100, 460200, 460300, 460400, 460500, 460600, 460700, 460800, 460900, 461000, 470100, 480100, 480200, 480300, 480400, 480500, 490100, 490200, 490300, 490400, 490500, 490600, 490700, 490800, 490900, 491000, 491100, 491200, 491300, 491400, 500100, 500200, 500300, 510100, 510200, 510300, 510400, 510500, 520100, 520200, 520300, 520400, 520500, 520600, 530100, 530200, 530300, 530400, 530500, 530600, 540100, 550100, 550200; Within Tract/BNA 560100: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1998, 1999; Within Tract/BNA 560200: Block groups: 1, 2; Within block group 3: Block(s): 3004, 3005, 3006, 3007; Within Tract/BNA 560800: Within block group 3: Block(s): 3003, 3004, 3006, 3007, 3008, 3009; Block group(s): 4, 5; Tract/BNA(s): 560900, 561000; Within
143 [May 30, 2001] Tract/BNA 561100: Within block group 4: Block(s): 4003, 4007, 4008, 4009; Block group(s): 5, 6; Tract/BNA(s): 570200; Within Tract/BNA 610100: Within block group 1: Block(s): 1014, 1015; Within Tract/BNA 610900: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1012, 1013, 1014, 1015, 1016, 1017, 1018; Tract/BNA(s): 611000, 611100, 611200, 611300, 611400; Within Tract/BNA 611500: Block groups: 1; Tract/BNA(s): 611600, 611700, 611800, 611900, 612000, 612100, 612200, 630100, 630600, 630700; Within Tract/BNA 640300: Within block group 4: Block(s): 4003, 4009; Within block group 5: Block(s): 5003, 5004; Within block group 6: Block(s): 6001, 6002, 6003, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015; Block group(s): 7; Tract/BNA(s): 640400, 640500, 640600, 640700, 640800, 650300, 650400, 650500, 660100; Within Tract/BNA 660500: Within block group 3: Block(s): 3007, 3008; Tract/BNA(s): 660700, 660800, 660900, 661000, 661100, 670100, 670200, 670300, 670400, 670500, 670600, 670700, 670800, 670900, 671000, 671100, 671200, 671300, 671400, 671500, 671600, 671700, 671800, 671900, 672000, 680100, 680200, 680300, 680400, 680500, 680600, 680700, 680800, 680900, 681000, 681100, 681200, 681300, 681400, 690100, 690200, 690300, 690400, 690500, 690600, 690700, 690800, 690900, 691000, 691100, 691200, 691300, 691400, 691500, 700100, 700200, 700300, 700400, 700500, 710100, 710200, 710300, 710400, 710500, 710600, 710700, 710800, 710900, 711000, 711100, 711200, 711300, 711400, 711500, 720100, 720200; Within Tract/BNA 720300: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1008, 1009, 1010, 1011; Within block group 2: Block(s): 2000, 2005, 2006, 2007, 2008, 2009; Within block group 3: Block(s): 3000, 3011; Within block group 5: Block(s): 5000, 5001, 5004, 5005, 5006, 5007, 5010, 5011; Within Tract/BNA 720500: Within block group 2: Block(s): 2009, 2010, 2011, 2012, 2013; Within block group 3: Block(s): 3010, 3011; Tract/BNA(s): 720600, 720700, 730100, 730200, 730300, 730400, 730500, 730600, 730700; Within Tract/BNA 740100: Within block group 2: Block(s): 2004, 2005, 2006; Block group(s): 3, 4; Within Tract/BNA 740200: Within block group 2: Block(s): 2007; Within Tract/BNA 740300: Within block group 1: Block(s): 1000, 1008, 1009; Within Tract/BNA 740400: Within block group 1: Block(s): 1000; Tract/BNA(s): 750100, 750200, 750300; Within Tract/BNA 750400: Block groups: 1; Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005; Tract/BNA(s): 750500, 750600, 823304; Within the MCD/CCD of Cicero: Tract/BNA(s): 813400, 813500, 813600, 813900, 814000; Within Tract/BNA 814100: Block groups: 1, 2; Within the MCD/CCD of Lyons: Within Tract/BNA 820202: Within block group 1: Block(s): 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1067, 1068, 1069, 1070, 1071, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1096, 1097, 1098, 1137, 1138, 1145, 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1980, 1981, 1982, 1983, 1984, 1985, 1992, 1993, 1994, 1995, 1996, 1997, 1998; Within Tract/BNA 820300: Within block group 1: Block(s): 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1997, 1998; Block group(s): 2, 3, 4; Tract/BNA(s): 820400; Within Tract/BNA 820501: Block groups: 1, 2, 3, 4, 5; Within block group 6: Block(s): 6000, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015; Tract/BNA(s): 820502; Within Tract/BNA 820601: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2054, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2064, 2066, 2073, 2074, 2075, 2999; Block group(s): 3, 4; Within Tract/BNA 820602: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,
[May 30, 2001] 144 1010, 1011, 1012, 1013, 1014, 1020, 1021, 1022, 1024, 1025, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073; MCD/CCD(s): Oak Park; Within the MCD/CCD of Proviso: Tract/BNA(s): 811302, 815900, 816000, 816100; Within Tract/BNA 816200: Within block group 1: Block(s): 1003, 1005, 1006, 1007, 1008, 1009, 1011, 1012, 1013, 1014; Block group(s): 2, 3, 4; Tract/BNA(s): 816300, 816401, 816402, 816500, 816600; Within Tract/BNA 816700: Block groups: 1; Within Tract/BNA 816900: Block groups: 1, 2, 3; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4011, 4012, 4017, 4018, 4019, 4020, 4023, 4024; Tract/BNA(s): 817000, 817101, 817102, 817200, 817300; Within Tract/BNA 817400: Within block group 1: Block(s): 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029; Block group(s): 2, 3; Tract/BNA(s): 817500, 817600, 817700, 817900; Within Tract/BNA 818000: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1046, 1047; Within Tract/BNA 818300: Block groups: 1; Within block group 3: Block(s): 3000, 3001, 3002, 3017; Within the MCD/CCD of Rich: Within Tract/BNA 829901: Block groups: 1; Within block group 2: Block(s): 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013; Block group(s): 3, 4; Within block group 5: Block(s): 5000, 5001, 5002, 5003, 5004, 5005, 5033, 5034, 5046, 5066, 5067, 5068, 5069, 5070, 5071, 5072, 5073, 5074, 5075, 5076, 5077, 5078, 5079, 5080, 5081, 5082; Within Tract/BNA 829902: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2997, 2998, 2999; Within block group 3: Block(s): 3019; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4018, 4020, 4022, 4023, 4996, 4997, 4998, 4999; MCD/CCD(s): Stickney; Within the MCD/CCD of Thornton: Tract/BNA(s): 550200, 825700, 825801, 825802, 825803, 825900, 826000, 826100, 826201, 826202, 826301, 826303, 826304, 826401, 826402, 826500, 826600, 826700, 826800, 826901, 826902, 827000, 827100, 827200, 827300, 827400, 827500, 827600, 827700, 827801, 827802, 827804, 827805, 827901; Within Tract/BNA 827902: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005; Block group(s): 2; Within block group 3: Block(s): 3007; Within block group 4: Block(s): 4000, 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4009, 4010, 4011, 4012, 4013, 4014, 4015, 4016; Block group(s): 5; Within Tract/BNA 828000: Within block group 3: Block(s): 3000, 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3022, 3023, 3024, 3025, 3026; Within Tract/BNA 828201: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1025, 1026, 1038, 1039, 1068, 1999; Tract/BNA(s): 828300; Within Tract/BNA 828401: Within block group 1: Block(s): 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1017, 1018, 1019; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2009; Tract/BNA(s): 828402; Within the MCD/CCD of Worth: Tract/BNA(s): 822000; Within Tract/BNA 822101: Block groups: 1; Within block group 2: Block(s): 2003; Within Tract/BNA 822200: Block groups: 1; Within Tract/BNA 822301: Block groups: 1, 3, 4; Within Tract/BNA 822400: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026;
145 [May 30, 2001] Tract/BNA(s): 822900; Within Tract/BNA 823304: Within block group 1: Block(s): 1000, 1002, 1003; Within Tract/BNA 823603: Block groups: 1; Within block group 2: Block(s): 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035, 2036, 2037, 2038, 2039, 2040, 2041, 2042, 2043, 2044, 2045, 2046, 2047, 2048, 2049, 2050, 2051, 2052, 2053, 2054, 2055, 2056, 2057, 2058, 2059, 2060, 2061, 2062, 2063, 2985, 2986, 2987, 2988, 2989, 2990, 2991, 2992, 2994, 2995, 2996, 2997, 2998, 2999. Section 15. Definitions and exceptions. (a) All counties, townships, census tracts, block groups, and blocks are those that appear on maps published by the United States Bureau of the Census for the 2000 census. The term "tract" means census tract. Districts created by this Act for the purpose of electing members of the board of review in Cook County shall not be altered by operation of any other statute, ordinance, or resolution. (b) Any part of Cook County that has not been described as included in one of the districts described in this Act is included within the district that (i) is contiguous to the part and (ii) contains the least population of all districts contiguous to the part according to the 2000 decennial census of Illinois. (c) If any part of Cook County is described in this Act as being in more than one district, the part is included within the district that (i) is one of the districts in which that part is listed in this Act, (ii) is contiguous to that part, and (iii) contains the least population according to the 2000 decennial census of Illinois. (d) If any part of Cook County (i) is described in this Act as being in one district and (ii) is entirely surrounded by another district, then the part shall be incorporated into the district that surrounds the part. (e) If any part of Cook County (i) is described in this Act as being in one district and (ii) is not contiguous to another part of that district, then the part is included with the contiguous district that contains the least population according to the 2000 decennial census of Illinois. (f) The Speaker of the House, the Minority Leader of the House, the President of the Senate, and the Minority Leader of the Senate shall by joint letter of transmittal present to the Secretary of State for deposit into the State Archives an official set of United States Bureau of the Census maps and descriptions used for conducting the 2000 census, and those maps shall serve as the official record of all counties, townships, census tracts, block groups, and blocks referred to in this Act. (g) The State Board of Elections shall prepare and make available to the public a metes and bounds description of the districts created under this Act. Section 95. The Cook County Board of Review Districts Act is amended by adding Section 15 as follows: (10 ILCS 105/15 new) Sec. 15. Applicability. This Act does not apply to the election of members of the board of review in Cook County in 2002 or any election thereafter. 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 2911 was placed on the Calendar on the order of Concurrence.
[May 30, 2001] 146 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. 48 A bill for AN ACT concerning corporate fiduciaries. House Amendment No. 1 to SENATE BILL NO. 48. Action taken by the Senate, May 30, 2001. 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. 373 A bill for AN ACT to amend the Children and Family Services Act. House Amendment No. 1 to SENATE BILL NO. 373. House Amendment No. 2 to SENATE BILL NO. 373. Action taken by the Senate, May 30, 2001. 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. 699 A bill for AN ACT concerning highways. House Amendment No. 1 to SENATE BILL NO. 699. House Amendment No. 2 to SENATE BILL NO. 699. Action taken by the Senate, May 30, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary:
147 [May 30, 2001] 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. 754 A bill for AN ACT in relation to building codes. House Amendment No. 1 to SENATE BILL NO. 754. House Amendment No. 2 to SENATE BILL NO. 754. Action taken by the Senate, May 30, 2001. 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. 846 A bill for AN ACT concerning strategic planning. House Amendment No. 1 to SENATE BILL NO. 846. Action taken by the Senate, May 30, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has concurred with the House in the adoption of their amendments to a bill of the following title, to-wit: SENATE BILL NO. 933 A bill for AN ACT concerning health facilities. House Amendment No. 1 to SENATE BILL NO. 933. House Amendment No. 2 to SENATE BILL NO. 933. Action taken by the Senate, May 30, 2001. 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
[May 30, 2001] 148 amendment to a bill of the following title, to-wit: SENATE BILL NO. 1175 A bill for AN ACT in relation to human rights. House Amendment No. 1 to SENATE BILL NO. 1175. Action taken by the Senate, May 30, 2001. 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. 1284 A bill for AN ACT in relation to accounting. House Amendment No. 2 to SENATE BILL NO. 1284. Action taken by the Senate, May 30, 2001. 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. 1493 A bill for AN ACT in relation to senior citizens and disabled persons. House Amendment No. 1 to SENATE BILL NO. 1493. Action taken by the Senate, May 30, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 629 A bill for AN ACT concerning animals.
149 [May 30, 2001] 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: Bomke, Sieben, Watson; O'Daniel and Molaro. Action taken by the Senate, May 30, 2001. Jim Harry, Secretary of the Senate A message from the Senate by Mr. Harry, Secretary: Mr. Speaker -- I am directed to inform the House of Representatives that the Senate has acceded to the request of the House of Representatives for a First Conference Committee to consider the differences of the two Houses in regard to the House amendment to: SENATE BILL NO. 1514 A bill for AN ACT in relation to driver licensing. 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: Dudycz, Parker, Hawkinson; Shadid and Molaro. Action taken by the Senate, May 30, 2001. Jim Harry, Secretary of the Senate REPORTS FROM STANDING COMMITTEES Representative Reitz, Chairperson, from the Committee on Cities & Villages 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 1 and 3 to HOUSE BILL 2380. The committee roll call vote on the Motion to Concur in Senate Amendments 1 and 3 to HOUSE BILL 2380 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Reitz, Chair Y Mautino Y Berns Y May A Durkin A McCarthy, V-Chair Y Forby Y Moore Y Mathias, Spkpn Y Schmitz Y Slone Representative Giles, Chairperson, from the Committee on Elementary & Secondary Education to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendment No. 4 to SENATE BILL 975. The committee roll call vote on Amendment No. 4 to SENATE BILL 975 is as follows: 19, Yeas; 0, Nays; 0, Answering Present.
[May 30, 2001] 150 Y Giles, Chair Y Johnson Y Bassi Y Kosel Y Collins Y Krause Y Cowlishaw, Spkpn Y Miller Y Crotty Y Mitchell, Jerry Y Davis, Monique, V-Chair Y Moffitt Y Delgado Y Mulligan (Meyer) Y Fowler Y Murphy Y Garrett A Osterman Y Hoeft A Smith, Michael Y Winkel (Tenhouse) Representative Novak, Chairperson, from the Committee on Environment & Energy to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Motion be reported "recommends be adopted" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1 and 3 to HOUSE BILL 1887. That the Floor Amendment be reported "recommends be adopted": Amendment No. 4 to SENATE BILL 1069. The committee roll call vote on the Motion to Concur in Senate Amendments numbered 1 and 3 to HOUSE BILL 1887 is as follows: 13, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook A Beaubien Y Hultgren Y Bradley Y Jones, Shirley A Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Moore (Wojcik) A Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz A Soto The committee roll call vote on Amendment No. 4 to SENATE BILL 1069 is as follows: 14, Yeas; 0, Nays; 0, Answering Present. Y Novak, Chair Y Holbrook A Beaubien Y Hultgren Y Bradley Y Jones, Shirley Y Brunsvold Y Lawfer Y Davis, Steve, V-Chair Y Moore (Wojcik) A Durkin Y Parke Y Hartke Y Persico Y Hassert, Spkpn Y Reitz A Soto Representative Bugielski, Chairperson, from the Committee on Financial Institutions 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 Amendment No. 1 to HOUSE BILL 1030. The committee roll call vote on the Motion to Concur in Senate
151 [May 30, 2001] Amendment No. 1 to HOUSE BILL 1030 is as follows: 12, Yeas; 0, Nays; 0, Answering Present. Y Bugielski, Chair Y Lyons, Joseph Y Biggins (Wojcik) Y Meyer, Spkpn Y Burke, V-Chair A Morrow A Capparelli Y Novak Y Davis, Monique A O'Connor A Durkin Y Persico Y Giles A Righter Y Hassert (Osmond) A Saviano A Hultgren A Schoenberg Y Jones, Shirley Y Zickus Representative Feigenholtz, Chairperson, from the Committee on Human Services to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the Floor Amendment be reported "recommends be adopted": Amendments numbered 3 and 4 to SENATE BILL 461. The committee roll call vote on Amendments numbered 3 and 4 to SENATE BILL 461 is as follows: 6, Yeas; 0, Nays; 0, Answering Present. Y Feigenholtz, Chair Y Myers, Richard Y Bellock, Spkpn A Schoenberg, V-Chair A Flowers A Soto Y Howard Y Winters Y Wirsing Representative Mautino, Chairperson, from the Committee on Insurance 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 1, 2 and 3 to HOUSE BILL 2419. The committee roll call vote on the Motion to Concur in Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2419 is as follows: 9, Yeas; 0, Nays; 0, Answering Present. Y Mautino, Chair Y Kenner A Bradley Y Osmond A Brady Y Pankau Y Brunsvold Y Parke, Spkpn Y Bugielski A Stroger Y Hultgren Y Winters A Yarbrough 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 "be approved for consideration" and placed on the House Calendar: Motion to concur with Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2228.
[May 30, 2001] 152 The committee roll call vote on the Motion to Concur in Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2228 is as follows: 7, Yeas; 0, Nays; 0, Answering Present. Y O'Brien, Chair Y Johnson Y Bradley A Jones, Lou Y Brady (Klingler) Y Lindner A Brosnahan, V-Chair A Smith, Michael A Brunsvold Y Turner, John Y Delgado A Wait A Winkel, Spkpn Representative Murphy, Chairperson, from the Committee on Personnel & Pensions 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. 1 to HOUSE BILL 2703. The committee roll call vote on Amendment No. 1 to HOUSE BILL 2703 is as follows: 10, Yeas; 0, Nays; 0, Answering Present. Y Murphy, Chair Y Hoeft, Spkpn Y Beaubien Y Poe (Leitch) Y Davis, Steve A Reitz Y Durkin Y Smith, Michael Y Granberg Y Stroger, V-Chair Y Zickus Representative Madigan, Chairperson, from the Committee on Redistricting to which the following were referred, action taken on May 29, 2001, 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 2917. The committee roll call vote on the First Conference Committee Report to SENATE BILL 2917 is as follows: 17, Yeas; 5, Nays; 0, Answering Present. Y Madigan, Co-Chair N Hartke Y Daniels, Co-Chair Y Jones, Lou Y Acevedo N Lang Y Black Y Leitch N Brunsvold Y Lindner Y Capparelli Y O'Connor Y Coulson Y Rutherford Y Cross Y Ryder Y Currie Y Tenhouse N Granberg Y Turner, Art N Hannig Y Wojcik Representative Joseph Lyons, Chairperson, from the Committee on Revenue to which the following were referred, action taken earlier today, and reported the same back with the following recommendations: That the bill be reported "do pass as amended" and be placed on the order of Second Reading -- Short Debate: SENATE BILL 22.
153 [May 30, 2001] That the Floor Amendment be reported "recommends be adopted": Amendment No. 7 to SENATE BILL 1171. The committee roll call vote on SENATE BILL 22 is as follows: 7, Yeas; 4, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien N Lyons, Eileen N Biggins Y McGuire Y Currie N Moore, Spkpn Y Granberg N Pankau Y Turner, Art The committee roll call vote on Amendment No. 7 to SENATE BILL 1171 is as follows: 9, Yeas; 2, Nays; 0, Answering Present. Y Lyons, Joseph, Chair Y Kenner, V-Chair Y Beaubien Y Lyons, Eileen N Biggins Y McGuire Y Currie Y Moore, Spkpn Y Granberg N Pankau Y Turner, Art Representative Brosnahan, Chairperson, from the Committee on The Disabled Community 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 Amendment No. 1 to HOUSE BILL 3192. The committee roll call vote on the Motion to Concur in Senate Amendment No. 1 to HOUSE BILL 3192 is as follows: 8, Yeas; 0, Nays; 0, Answering Present. Y Brosnahan, Chair Y McCarthy A Feigenholtz, V-Chair A O'Brien Y Flowers Y Ryan A Hoeft A Schmitz Y Krause, Spkpn Y Sommer Y Kurtz A Winkel Y Yarbrough CHANGE OF SPONSORSHIP Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Saviano asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 273. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative O'Brien asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2844. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative O'Brien asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2845. Representative Madigan asked and obtained unanimous consent to be removed as chief sponsor and Representative Biggins asked and obtained unanimous consent to be shown as chief sponsor of HOUSE BILL 2911.
[May 30, 2001] 154 INTRODUCTION AND FIRST READING OF BILLS The following bill was introduced, read by title a first time, ordered printed and placed in the Committee on Rules: HOUSE BILL 3628. Introduced by Representative Black, a bill for AN ACT concerning education. AGREED RESOLUTIONS The following resolutions were offered and placed on the Calendar on the order of Agreed Resolutions. HOUSE RESOLUTION 422 Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Claudia Ferrell is retiring at the end of the 2001 school year after 30 years of teaching history and language arts at North Ridge Middle School; and WHEREAS, Claudia Ferrell received her bachelor's degree in history from the University of North Carolina at Greensboro in 1964, and her master's degree in history from Kansas State University in 1972; and WHEREAS, Claudia Ferrell began her teaching career at North Ridge Middle School in 1972; and WHEREAS, Claudia Ferrell has enjoyed the challenge of teaching history to students entering their teenage years; she would often attempt to make history relevant by asking her students questions not in the history book and rewarding them with Snickers bars; and WHEREAS, Claudia Ferrell's friends and colleagues have said that one can learn a great deal about American history just by standing next to the door, listening to her teach; and WHEREAS, Claudia Ferrell has witnessed many changes in education throughout the years, including the advancement in testing procedures; and WHEREAS, Claudia Ferrell is retiring this year because she wants to leave the teaching profession while she still has her health and because of the overwhelming amount of paperwork under which teachers are often buried; and WHEREAS, Claudia Ferrell plans to spend her free time with her husband, Dale, a retired teacher who taught for 20 years at Danville High School, and with her daughter; in addition she plans to pursue her hobby of gardening with the eventual goal of becoming a master gardener in the University of Illinois Extension, Vermilion County Unit Master Gardener Program; and WHEREAS, Claudia Ferrell's presence and vision will be deeply missed by the faculty, staff, and students, past and present, at North Ridge Middle School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Claudia Ferrell on her retirement after 30 years of service to the students, faculty, and staff at North Ridge Middle School and we wish her well in all of her future endeavors; and be it further RESOLVED, That a suitable copy of this resolution be presented to Claudia Ferrell as an expression of our esteem. HOUSE RESOLUTION 423
155 [May 30, 2001] Offered by Representative Black: WHEREAS, The members of the Illinois House of Representatives are pleased to recognize milestone events in the lives of the citizens of the State of Illinois; and WHEREAS, It has come to our attention that Dolores Wasko is retiring after 38 years of service to Mary Miller Junior High School in Georgetown, Illinois; and WHEREAS, Dolores Wasko began teaching language arts at Mary Miller Junior High School in 1976 by taking over the position of the school's namesake, Mary Miller; she teaches eighth-grade language arts, but has taught every subject except mathematics; and WHEREAS, Dolores Wasko received her bachelor's of science degree from Illinois State University in 1959 and her master's of science degree in education with a specialty in reading from the University of Illinois in 1979; and WHEREAS, Dolores Wasko began her teaching career in Danville from 1960 through 1961, in Georgetown from 1961 through 1964, and in Westville from 1964 through 1965; and WHEREAS, Dolores Wasko returned to Georgetown in 1965 as the lone librarian for all the schools, where she began the card catalog systems for the libraries and gave talks on books; she then went on to be the lone art teacher for all the schools, where she would push a cart with the day's art lesson around to each classroom in each building; and WHEREAS, As an art teacher, Dolores Wasko has taught such projects as calligraphy, weaving on a loom, and tie-dying in the 1970s; in the five years that she has solely taught art, she had two students earn art degrees; and WHEREAS, As a language arts teacher, Dolores Wasko has had her students participate in a number of essay contests; she also developed the "preposition song" which helped her students memorize prepositions; and WHEREAS, Dolores Wasko has been a cheerleading sponsor, on the library board, and helped with the group that helped Georgetown become a unit district; and WHEREAS, Dolores Wasko is someone who students, teachers, and administrators rely upon for her experience and wisdom; she has been a source of encouragement for the school's younger teachers; and WHEREAS, Dolores Wasko plans to spend her retirement with her husband, Joe, and watching their three grandsons participate in sports; and WHEREAS, Dolores Wasko's presence and vision will be dearly missed by the faculty, staff, and the students, past and present, at Mary Miller Junior High School; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate Dolores Wasko on her retirement after 38 years of service to the faculty, staff and students at Mary Miller Junior High School in Georgetown; and be it further RESOLVED, That a suitable copy of this resolution be presented to Dolores Wasko as an expression of our esteem. HOUSE RESOLUTION 424 Offered by Representative Feigenholtz: WHEREAS, The members of this Body are honored to recognize significant milestones in the lives of the people of this State; and WHEREAS, It has come to our attention that George Joseph Friedman of Chicago is celebrating the 100th anniversary of his birth; and WHEREAS, George Joseph Friedman was born on the Jewish holiday of Sh'mini Atzeret, on October 5, 1901, in Chicago; and
[May 30, 2001] 156 WHEREAS, Mr. Friedman attended the Smith School, McLaren School, Marshall High School, Crane High School and graduated from Joseph Medill High School, where he played on the basketball team; he was also an excellent handball player and won the handball championship at the Sears YMCA in 1925; and WHEREAS, In 1923, after working several jobs, Mr. Friedman took the position of general manager of Berry and Benson, a wholesale business for retail stores; in 1941 he started his own retail store, Friedman's Jack Robbins Clothing Company, as a side business, and to this day he still operates the Elmwood Park store; and WHEREAS, Mr. Friedman is admired and respected by all who meet him; he is an active member of the Anshe Sholom B'nai Israel Synagogue in Lakeview and frequently leads morning services; he awes everyone with his incredible wit and sense of humor, his stories, his unmatched vitality and vigor, and his knowledge of fine scotches; and WHEREAS, George Joseph Friedman married the late Edith Schwartz in her home in Chicago, Illinois, on June 13, 1926; and WHEREAS, George Friedman is the proud father of two children, Edward and Marcy; the grandfather of eight grandchildren; and the great grandfather of 6 great grandchildren; he is also the brother of Donald (Dovid), Harvey (Avraham), and Helen (Rivka); therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we congratulate George Joseph Friedman on the occasion of his 100th birthday and extend to him our sincere best wishes for the future; and be it further RESOLVED, That a suitable copy of this resolution be presented to George Joseph Friedman as an expression of our respect and esteem. HOUSE RESOLUTION 425 Offered by Representatives Daniels - Biggins - Durkin: WHEREAS, The members of the Illinois House of Representatives offer our sincere congratulations to the 2001 York Community High School Boys' Track Team and to Coach Stan Reddel on an outstanding season; and WHEREAS, York Senior Tim Hobbs won his second straight 800 meter title at the Class AA State Finals in Charleston on May 26, 2001, with a time of 1:51.78, and placed second in the 1,600 meter run with a time of 4:12.12; and WHEREAS, York's Team of Kevin Lawrence, Tom Hilaris, Dan Dziubski, Terre Mastrino, and Tom Rosinski won the 1,600 meter relay title for the first time since 1966 with a time of 3:19.05; and WHEREAS, Coach Stan Reddel, in his first year as Head Coach at York, led the Dukes to both West Suburban Conference and Sectional titles, ending the season with a second place finish out of 196 Class AA teams; and WHEREAS, We recognize the leadership of Head Coach Stan Reddel and assistant coaches Charlie Kern, Tom Newton, and Tom LaRocca for their encouragement and support of these superb young athletes; and WHEREAS, The York Track Program continues to be one of the finest in the nation and remains a great source of pride and inspiration to the entire student body of York Community High School and the Elmhurst community; and WHEREAS, We offer our sincere best wishes to seniors Tim Hobbs, Tom Hilaris, Terre Mastrino and Dan Dziubski as they graduate from York Community High School next week and begin their collegiate careers; therefore, be it RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we offer our congratulations to the York Community High School Boys' Track Team and their coaches on an outstanding season; and be it further
157 [May 30, 2001] RESOLVED, That suitable copies of this resolution be presented to coaches Stan Reddel, Charlie Kern, Tom Newton, and Tom LaRocca, and team members Tim Hobbs, Kevin Lawrence, Tom Hilaris, Terre Mastrino, Dan Dziubski, and Tom Rosinski. SENATE BILLS ON SECOND READING SENATE BILL 267. Having been read by title a second time on May 17, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendments numbered 2 and 3 remained in the Committee on Rules. There being no further amendments, the bill 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 Jerry Mitchell, SENATE BILL 267 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Jerry Mitchell, further consideration of SENATE BILL 267 was postponed. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 2207, having been printed, were taken up for consideration. Representative Bugielski moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 1 to SENATE BILL 1514, having been printed, was taken up for consideration. Representative Bugielski then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Bugielski, Hoffman, Currie; Tenhouse and Black. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 372. Having been read by title a second time on May
[May 30, 2001] 158 16, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendments numbered 1 and 2 remained in the Committee on Environment & Energy - Subcommittee. Representative Moore offered and withdrew Amendment No. 3. Representative Moore offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 372 AMENDMENT NO. 4. Amend Senate Bill 372 on page 8, after line 26, by inserting the following: "(e) This Section shall apply only to those electrical generating units that are subject to the provisions of Subpart W of Part 217 of Title 35 of the Illinois Administrative Code, as promulgated by the Illinois Pollution Control Board on December 21, 2000.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was adopted and the bill, as amended, was advanced to the order of Third Reading. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendment No. 1 to SENATE BILL 629, having been printed, was taken up for consideration. Representative Dart then moved that the House refuse to recede from said amendment and that a Committee of Conference, consisting of five members on the part of the House and five members on the part of the Senate, be appointed to consider the differences arising between the two Houses. The motion prevailed. The Speaker appointed as such committee on the part of the House: Representatives Dart, O'Brien, Currie; Tenhouse and Rutherford. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 2, having been printed, was taken up for consideration. Representative Novak moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1069. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up.
159 [May 30, 2001] The following amendment was offered in the Committee on Executive, adopted and printed: AMENDMENT NO. 1 TO SENATE BILL 1069 AMENDMENT NO. 1. Amend Senate Bill 1069 after the end of Section 5, by inserting the following: "Section 99. Effective date. This Act takes effect upon becoming law.". Floor Amendments numbered 2 and 3 remained in the Committee on Rules. Representative Hartke offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 1069 AMENDMENT NO. 4. Amend Senate Bill 1069, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Drycleaner Environmental Response Trust Fund Act is amended by changing Sections 15, 20, 25, 40, 45, 60, 65, 70, 75, and 85 as follows: (415 ILCS 135/15) Sec. 15. Creation of Council. (a) The Drycleaner Environmental Response Trust Fund Council is established and shall consist of the following voting members to be appointed by the Governor with the advice and consent of the Senate: (1) Five
[May 30, 2001] 160 incompetency, neglect of duty, or malfeasance in office may be provided to the Governor by the Agency or the Auditor General following the annual audit described in Section 80. The Governor shall promptly appoint a person to fill any vacancy on the Council for the unexpired term. (c) Members of the Council are entitled to receive reimbursement of actual expenses incurred in the discharge of their duties within the limit of funds appropriated to the Council or made available to the Fund. The Governor shall appoint a chairperson of the Council from among the members of the Council. (d) The Attorney General's office or its designee shall provide legal counsel to the Council. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/20) Sec. 20. Council rules. (a) The Council may adopt rules in accordance with the emergency rulemaking provisions of Section 5-45 of the Illinois Administrative Procedure Act for one year after the effective date of this Act. Thereafter, the Council shall conduct general rulemaking as provided under the Illinois Administrative Procedure Act. (b) The Council shall adopt rules regarding its practice and procedures for investigating and settling claims made against the Fund, determining reimbursement guidelines, coordinating with the Agency, and otherwise implementing and administering the Fund under this Act. (c) The Council shall adopt rules regarding its practice and procedures to develop underwriting standards, establish insurance account coverage and risk factors, settle claims made against the insurance account of the Fund, determine appropriate deductibles or retentions in coverages or benefits offered under the insurance account of the Fund, determine reimbursement guidelines, and otherwise implement and administer the insurance account under this Act. (d) The Council shall adopt rules necessary for the implementation and collection of insurance account premiums prior to offering insurance to an owner or operator of a drycleaning facility or other person. (e) The Council shall adopt rules prescribing requirements for the retention of records by an owner or operator and the periods for which he or she must retain those records. (f) The Council shall adopt rules describing the manner in which all disbursed moneys received from the Agency shall be deposited with a bank or savings and loan association to be approved by the Council. For purposes of this subsection, the Council shall be considered a public agency and, therefore, no bank or savings and loan association shall receive public funds from the Council, and the Council shall not make any investments, unless in accordance with the Public Funds Investment Act. (f-5) The Council, in consultation with the Agency, shall define the terms "drycleaning drop-off facility" "drycleaning solvents dealer", and "green solvent" no later than January 1, 2002. (g) All final Council decisions regarding the Fund or any reimbursement from the Fund and any decision concerning the classification of drycleaning solvents pursuant to subsection (a) of Section 65 of this Act shall be subject to appeal by the affected parties. The Council shall determine by rule persons who have standing to appeal final Council decisions. All appeals of final Council decisions shall be presented to and reviewed by the Council's administrative hearing officer. An appeal of the administrative hearing officer's decision will be subject to judicial review in accordance with the Administrative Review Law.
161 [May 30, 2001] The Council shall adopt rules relating to appeal procedures that shall require the Council to deliver notice of appeal to the affected parties within 30 days of receipt of notice, require that the hearing be held within 180 days of the filing of the petition unless good cause is shown for the delay, and require that a final decision be issued no later than 120 days following the close of the hearing. The time restrictions in this subsection may be waived by mutual agreement of the parties. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/25) Sec. 25. Powers and duties of the Council; Agency duties. (a) The Council shall have all of the general powers reasonably necessary and convenient to carry out its purposes and may perform the following functions, subject to any express limitations contained in this Act: (1) Take actions and enter into agreements necessary to reimburse claimants for eligible remedial action expenses, assist the Agency to protect the environment from releases, reduce costs associated with remedial actions, and establish and implement an insurance program. (2) Acquire and hold personal property to be used for the purpose of remedial action. (3) Purchase, construct, improve, furnish, equip, lease, option, sell, exchange, or otherwise dispose of one or more improvements under the terms it determines. The Council may define "improvements" by rule for purposes of this Act. (4) Grant a lien, pledge, assignment, or other encumbrance on one or more revenues, assets of right, accounts, or funds established or received in connection with the Fund, including revenues derived from fees or taxes collected under this Act. (5) Contract for the acquisition or construction of one or more improvements or parts of one or more improvements or for the leasing, subleasing, sale, or other disposition of one or more improvements in a manner the Council determines. (6) Cooperate with the Agency in the implementation and administration of this Act to minimize unnecessary duplication of effort, reporting, or paperwork and to maximize environmental protection within the funding limits of this Act. (7) Except as otherwise provided by law, inspect any document in the possession of an owner, operator, service provider, or any other person if the document is relevant to a claim for reimbursement under this Section or may inspect a drycleaning facility for which a claim for benefits under this Act has been submitted. (b) The Council shall pre-approve, and the contracting parties shall seek pre-approval for, a contract entered into under this Act if the cost of the contract exceeds $75,000. The Council or its designee shall review and approve or disapprove all contracts entered into under this Act. However, review by the Council or its designee shall not be required when an emergency situation exists. All contracts entered into by the Council shall be awarded on a competitive basis to the maximum extent practical. In those situations where it is determined that bidding is not practical, the basis for the determination of impracticability shall be documented by the Council or its designee. (c) The Council may prioritize the expenditure of funds from the remedial action account whenever it determines that there are not sufficient funds to settle all current claims. In prioritizing, the Council may consider the following: (1) the degree to which human health is affected by the
[May 30, 2001] 162 exposure posed by the release; (2) the reduction of risk to human health derived from remedial action compared to the cost of the remedial action; (3) the present and planned uses of the impacted property; and (4) other factors as determined by the Council. The Council shall submit to the Agency for review any prioritization of remediation sites. The Agency shall advise the Council of any additional sites potentially eligible for remediation that have been identified through programs other than this Act and shall comment on the appropriateness of the Council's overall prioritization. The Council may issue a letter to a drycleaning facility that is eligible for prioritization but that has not been prioritized and that meets all applicable federal and State requirements for remediation on a continuous basis, stating that the site is prioritized for clean-up and shall be remediated as long as applicable federal and State requirements continue to be met. (d) The Council must submit to the Agency notice of any proposed environmental action at least 2 weeks prior to the date of the meeting at which the contemplated action is expected to be taken. (e) Agencies including, but not limited to, the Illinois Department of Transportation, the Department of Commerce and Community Affairs, and the Illinois Environmental Protection Agency shall submit to the Council information regarding contractors that have previously been approved by those agencies for performance of environmental remediation. The Council shall provide information regarding those contractors to drycleaners. Reimbursement from the Fund for environmental remediation shall not be limited solely to those contractors that have received this prior approval by the agencies. The Council shall adopt rules allowing direct payment from the Fund of a contractor who performs remediation. The rules concerning direct payment shall include a provision that any applicable deductible must be paid by the drycleaning facility prior to any direct payment from the Fund. (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/40) Sec. 40. Remedial action account. (a) The remedial action account is established to provide reimbursement to eligible claimants for drycleaning solvent investigation, remedial action planning, and remedial action activities for existing drycleaning solvent contamination discovered at their drycleaning facilities. (b) The following persons are eligible for reimbursement from the remedial action account: (1) In the case of claimant who is the owner or operator of an active drycleaning facility licensed by the Agency
163 [May 30, 2001] or operator of the licensed drycleaning drop-off facility when it was an active drycleaning facility, the claimant is only eligible for reimbursement of remedial action costs in connection with a release from the drycleaning facility, subject to the payment of solvent taxes under subsection (h-7) of Section 65 of this Act and to any other limitation under this Act. (c) An eligible claimant requesting reimbursement from the remedial action account shall meet all of the following: (1) The claimant demonstrates that the source of the release is from the claimant's drycleaning facility. (2) At the time the release was discovered by the claimant, the claimant and the drycleaning facility were in compliance with the Agency reporting and technical operating requirements. (3) The claimant reported the release in a timely manner to the Agency in accordance with State law. (4) The claimant applying for reimbursement has not filed for bankruptcy on or after the date of his or her discovery of the release. (5) If the claimant is the owner or operator of an active drycleaning facility, the claimant has provided to the Council proof of implementation and maintenance of the following pollution prevention measures: (A) That all drycleaning solvent wastes generated at a drycleaning facility be managed in accordance with applicable State waste management laws and rules. (B) A prohibition on the discharge of wastewater from drycleaning machines or of drycleaning solvent from drycleaning operations to a sanitary sewer or septic tank or to the surface or in groundwater. (C) That every drycleaning facility: (I) install a containment dike or other containment structure around each machine, or item of equipment,
[May 30, 2001] 164 direct-coupled delivery systems. (6) An active drycleaning facility has maintained continuous financial assurance for environmental liability coverage in the amount of at least $500,000 at least since the date of award of benefits under this Section or July 1, 2000, whichever is earlier. An uninsured drycleaning facility that has filed an application for insurance with the Fund by April 1, 2002, obtained insurance through that application, and maintained that insurance coverage continuously shall be considered to have conformed with the requirements of this subdivision (6). (7) The release was discovered on or after July 1, 1997 and before July 1, 2014
165 [May 30, 2001] range of usual and customary rates for similar or equivalent goods or services within this State and has found that the goods or services are necessary for the claimant to comply with Council standards or other applicable regulatory standards. (3) A claimant may appoint the Council as an agent for the purposes of negotiating contracts with suppliers of goods or services reimbursable by the Fund. The Council may select another contractor for goods or services other than the one offered by the claimant if the scope of the proposed work or actual work of the claimant's offered contractor does not reflect the quality of workmanship required or if the costs are determined to be excessive, as determined by the Council. (4) The Council may require a claimant to obtain and submit 3 bids and may require specific terms and conditions in a contract subject to approval. (5) The Council may enter into a contract or an exclusive contract with the supplier of goods or services required by a claimant or class of claimants, in connection with an expense reimbursable from the Fund, for a specified good or service at a gross maximum price or fixed rate, and may limit reimbursement accordingly. (6) Unless emergency conditions exist, a service provider shall obtain the Council's approval of the budget for the remediation work before commencing the work. No expense incurred that is above the budgeted amount shall be paid unless the Council approves the expense prior to its being incurred. All invoices and bills relating to the remediation work shall be submitted with appropriate documentation, as deemed necessary by the Council, not later than 30 days after the work has been performed. (7) Neither the Council nor an eligible claimant is responsible for payment for costs incurred that have not been previously approved by the Council, unless an emergency exists. (8) The Council may determine the usual and customary costs of each item for which reimbursement may be awarded under this Section. The Council may revise the usual and customary costs from time to time as necessary, but costs submitted for reimbursement shall be subject to the rates in effect at the time the costs were incurred. (9) If a claimant has pollution liability insurance coverage other than coverage provided by the insurance account under this Act, that coverage shall be primary. Reimbursement from the remedial account shall be limited to the deductible amounts under the primary coverage and the amount that exceeds the policy limits of the primary coverage, subject to the deductible amounts of this Act. If there is a dispute between the claimant and the primary insurance provider, reimbursement from the remedial action account may be made to the claimant after the claimant assigns all of his or her interests in the insurance coverage to the Council. (g) The source of funds for the remedial action account shall be moneys allocated to the account by the Council according to the Fund budget approved by the Council. (h) A drycleaning facility will be classified as active or inactive for purposes of determining benefits under this Section based on the status of the facility on the date a claim is filed. (i) Eligible claimants shall conduct remedial action in accordance with the Site Remediation Program under the Environmental Protection Act and Part 740 of Title 35 of the Illinois Administrative Code and the Tiered Approach to Cleanup Objectives under Part 742 of Title 35 of the Illinois Administrative Code. (Source: P.A. 90-502, eff. 8-19-97; 91-453, eff. 8-6-99.)
[May 30, 2001] 166 (415 ILCS 135/45) Sec. 45. Insurance account. (a) The insurance account shall offer financial assurance for a qualified owner or operator of a drycleaning facility under the terms and conditions provided for under this Section. Coverage may be provided to either the owner or the operator of a drycleaning facility. The Council is not required to resolve whether the owner or operator, or both, are responsible for a release under the terms of an agreement between the owner and operator. (a-1) By April 1, 2002, an active drycleaning facility must obtain and maintain environmental pollution liability insurance. Each active drycleaning facility is required to purchase and maintain insurance from the Fund until that facility has been issued a No Further Remediation Letter or letter issued under Section 4(y) of the Environmental Protection Act by the Agency. After receipt of the No Further Remediation Letter or letter issued under Section 4(y) of the Environmental Protection Act from the Agency, a drycleaner may obtain insurance either from the Fund or from a private insurer. (a-2) Drycleaning facilities that exclusively use or adopt the exclusive use of "green" solvents, as defined by the Council, may obtain insurance either from the Fund or from a private insurer. (b) The source of funds for the insurance account shall be as follows: (1) Moneys appropriated to the Council or moneys allocated to the insurance account by the Council according to the Fund budget approved by the Council. (2) Moneys collected as an insurance premium, including service fees, if any. (3) Investment income attributed to the insurance account by the Council. (c) An owner or operator may purchase coverage of up to $500,000 per drycleaning facility subject to the terms and conditions under this Section and those adopted by the Council. Coverage shall be limited to remedial action costs associated with soil and groundwater contamination resulting from a release of drycleaning solvent at an insured drycleaning facility, including third-party liability for soil and groundwater contamination. Coverage is not provided for a release that occurred before the date of coverage. (d) An owner or operator, subject to underwriting requirements and terms and conditions deemed necessary and convenient by the Council, may purchase insurance coverage from the insurance account provided that the drycleaning facility to be insured meets the following conditions: (1) a site investigation designed to identify soil and groundwater contamination resulting from the release of a drycleaning solvent has been completed. The Council shall determine if the site investigation is adequate. This investigation must be completed by June 30, 2014
167 [May 30, 2001]
[May 30, 2001] 168 in any year, the Council may adjust, by rule, the annual license fee paid by active drycleaning drop-off facilities owned by a licensed active drycleaner facility up to a maximum of $750 or to the amount of the annual license fee applicable to an active drycleaning drop-off facility that is not owned by an active licensed drycleaning facility, whichever is greater.
169 [May 30, 2001] drycleaning facility or drycleaning drop-off facility or any dealer of drycleaning solvents who fails to obtain a valid license by the date required in this Section. (f-5) An operator of a drycleaning facility or drycleaning drop-off facility or a dealer of drycleaning solvents shall be granted a 90 day grace period, beginning on January 1, 2002, within which to become licensed, to pay any overdue license fees, to pay any unpaid floor taxes, and to pay any penalties as defined in subsection (g) of this Section up to a maximum of $450, in order to become licensed without penalty. (f-7) A operator of a licensed drycleaning facility, a operator of a licensed drycleaning drop-off facility, or a dealer of licensed drycleaning solvents who has paid penalties in excess of $450 shall receive from the Council a refund of the amount of the penalties in excess of $450 that were paid on or before the last day of the 90-day grace period established in subsection (f-5). (g) An operator of a dry cleaning facility or drycleaning drop-off facility or a dealer of dry cleaning solvents who is required to pay a license fee under this Act prior to the end of the 90 day grace period and fails to pay the license fee when the fee is due shall be assessed a penalty of $5 for each day after the license fee is due and until the license fee is paid. The penalty shall be effective for license fees due on or after July 1, 1999. (g-5) Any drycleaning facility or drycleaning drop-off facility required under Section 45 to be insured must pay the premium or the Agency may revoke the drycleaning facility's license or the drycleaning drop-off facility's license. (h) The Agency
[May 30, 2001] 170 the drycleaning solvent will not be used in a drycleaning facility or if a floor stock tax has been imposed and paid on the drycleaning solvent. Prior to the purchase of the solvent, the purchaser shall provide a written and signed certificate to the drycleaning solvent seller stating: (1) the name and address of the purchaser; (2) the purchaser's signature and date of signing; and (3) one of the following: (A) that the drycleaning solvent will not be used in a drycleaning facility; or (B) that a floor stock tax has been imposed and paid on the drycleaning solvent. A person who provides a false certification under this subsection shall be liable for a civil penalty not to exceed $500 for a first violation and a civil penalty not to exceed $5,000 for a second or subsequent violation. (e) On January 1, 1998, there is imposed on each operator of a drycleaning facility a tax on drycleaning solvent held by the operator on that date for use in a drycleaning facility. The tax imposed shall be the tax that would have been imposed under subsection (a) if the drycleaning solvent held by the operator on that date had been purchased by the operator during the first year of this Act. (f) On or before the 25th day of the 1st month following the end of the calendar quarter, a seller of drycleaning solvents who has collected a tax pursuant to this Section during the previous calendar quarter, or a purchaser or end user of drycleaning solvents required under subsection (c) to submit the tax directly to the Department, shall file a return with the Department of Revenue. The return shall be filed on a form prescribed by the Department of Revenue and shall contain information that the Department of Revenue reasonably requires. Each seller of drycleaning solvent maintaining a place of business in this State who is required or authorized to collect the tax imposed by this Act shall pay to the Department the amount of the tax at the time when he or she is required to file his or her return for the period during which the tax was collected. Purchasers or end users remitting the tax directly to the Department under subsection (c) shall file a return with the Department of Revenue and pay the tax so incurred by the purchaser or end user during the preceding calendar quarter. (g) The tax on drycleaning solvents used in drycleaning facilities and the floor stock tax shall be administered by Department of Revenue under rules adopted by that Department. (h) On and after January 1, 1998, no person shall knowingly sell or transfer drycleaning solvent to an operator of a drycleaning facility that is not licensed by the Agency
171 [May 30, 2001] (Source: P.A. 90-502, eff. 8-19-97.) (415 ILCS 135/70) Sec. 70. Deposit of fees and taxes. On and after January 1, 2002, all license fees and taxes collected by the Department of Revenue under this Act shall be deposited into the Fund, except: (1)
[May 30, 2001] 172 Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 273, having been printed, was taken up for consideration. Representative Madigan moved that the House refuse to concur with the Senate in the adoption of Senate Amendment No. 1. The motion prevailed. Ordered that the Clerk inform the Senate. SENATE 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 Saviano, SENATE BILL 263 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the affiramtive by the following vote: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 3) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 2392, having been printed, was taken up for consideration. Representative Erwin moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 4) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 2392. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 926. Having been recalled on May 9, 2001, and held on the order of Second Reading, the same was again taken up. Representative Holbrook offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 926 AMENDMENT NO. 2. Amend Senate Bill 926 on page 1, line 6, by replacing "Section 605-707" with "Sections 605-705, 605-707, and 605-710"; and
173 [May 30, 2001] on page 1, immediately below line 6, by inserting the following: "(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a) Sec. 605-705. Grants to local tourism and convention bureaus. (a) To establish a grant program for local tourism and convention bureaus. The Department will develop and implement a program for the use of funds, as authorized under this Act, by local tourism and convention bureaus. For the purposes of this Act, bureaus eligible to receive funds are those local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before July 1, 2001; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with one or more municipalities or counties that support the bureau with local hotel-motel taxes. After July 1, 2001, bureaus requesting certification in order to receive funds for the first time must be local tourism and convention bureaus that are (i) either units of local government or incorporated as not-for-profit organizations; (ii) in legal existence for a minimum of 2 years before the request for certification; (iii) operating with a paid, full-time staff whose sole purpose is to promote tourism in the designated service area; and (iv) affiliated with multiple municipalities or counties that support the bureau with local hotel-motel taxes
[May 30, 2001] 174 Every employee of a regional tourism development organization receiving funds under this Section shall disclose to the organization's governing board and to the Department any economic interest that employee may have in any entity with which the regional tourism development organization has contracted or to which the regional tourism development organization has granted funds. (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98; 91-239, eff. 1-1-00.) Section 10. The Illinois Promotion Act is amended by changing Sections 1, 2, 3, 4, 4a, 5, 7, 8a, 9, 10, 11, 13, 13a, and 14 as follows: (20 ILCS 665/1) (from Ch. 127, par. 200-21) Sec. 1. Short title. This Act shall be known and cited as the Illinois Promotion Act. (Source: Laws 1963, p. 2209.) (20 ILCS 665/2) (from Ch. 127, par. 200-22) Sec. 2. Legislative findings; policy. The General Assembly hereby finds, determines and declares: (a) That the health, safety, morals and general welfare of the people of the State are directly dependent upon the continual encouragement, development, growth and expansion of tourism within the State; (b) That unemployment, the spread of indigency, and the heavy burden of public assistance and unemployment compensation can be alleviated by the promotion, attraction, stimulation, development and expansion of tourism in the State; (c) That the policy of the State of Illinois, in the interest of promoting the health, safety, morals and welfare of all the people of the State, is to increase the economic impact of tourism
175 [May 30, 2001] (Source: P.A. 81-1509.) (20 ILCS 665/4) (from Ch. 127, par. 200-24) Sec. 4. Powers. The Department shall have the following powers: (a) To formulate a program for the promotion of tourism and the film industry in the State of Illinois, including, but not limited to, the promotion of our State Parks, fishing and hunting areas, historical shrines, vacation regions and areas of historic or scenic interest. (b) To cooperate with civic groups and local, State and federal departments and agencies, and agencies and departments of other states in encouraging educational tourism and developing programs therefor. (c) To publish tourist promotional material such as brochures and booklets. (d) To promote tourism in Illinois through all media, including but not limited to, the Internet, television,
[May 30, 2001] 176 July 1, 1997, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to 13% of the net revenue realized from the Hotel Operators' Occupation Tax Act plus an amount equal to 13% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority Act during the preceding month. "Net revenue realized for a month" means the revenue collected by the State under that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. (1.1) (Blank). (2) As soon as possible after the first day of each month, beginning July 1, 1997, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Tourism Promotion Fund an amount equal to 8% of the net revenue realized from the Hotel Operators' Occupation Tax plus an amount equal to 8% of the net revenue realized from any tax imposed under Section 4.05 of the Chicago World's Fair-1992 Authority Act during the preceding month. "Net revenue realized for a month" means the revenue collected by the State under that Act during the previous month less the amount paid out during that same month as refunds to taxpayers for overpayment of liability under that Act. All monies deposited in the Tourism Promotion Fund under this subsection (2) shall be used solely as provided in this subsection to advertise and promote tourism throughout Illinois. Appropriations of monies deposited in the Tourism Promotion Fund pursuant to this subsection (2) shall be used solely for advertising to promote tourism, including but not limited to advertising production and direct advertisement costs, but shall not be used to employ any additional staff, finance any individual event, or lease, rent or purchase any physical facilities. The Department shall coordinate its advertising under this subsection (2) with other public and private entities in the State engaged in similar promotion activities. Print or electronic media production made pursuant to this subsection (2) for advertising promotion shall not contain or include the physical appearance of or reference to the name or position of any public officer. "Public officer" means a person who is elected to office pursuant to statute, or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions. (Source: P.A. 90-26, eff. 7-1-97; 90-77, eff. 7-8-97; 90-655, eff. 7-30-98; 91-472, eff. 8-10-99.) (20 ILCS 665/5) (from Ch. 127, par. 200-25) Sec. 5. Marketing and private sector programs. (a) The Department is authorized to make grants, subject to appropriation, from funds transferred into the Tourism Promotion Fund under subsection (1) of Section 4a to counties, municipalities, not-for-profit organizations, and local promotion groups and to assist such counties, municipalities and local promotion groups in the promotion of tourism attractions and tourism events
177 [May 30, 2001] organizations, local promotion groups, and for-profit businesses to assist in attracting and hosting tourism events matched with funds from sources in the private sector. The Department, after review of the application and if satisfied that the program and proposed expenditures of the applicant appear to be in accord with the purposes of this Act, must grant to the applicant an amount not to exceed 50% of the proposed expenditures. Before any such grant may be made the county, municipality, not-for-profit organization,
[May 30, 2001] 178 bring about as effective and economical a tourism
179 [May 30, 2001] SENATE BILLS ON THIRD READING The following bills and any amendments adopted thereto were printed and laid upon the Members' desks. Any amendments pending were tabled pursuant to Rule 40(a). On motion of Representative Erwin, SENATE BILL 926 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 5) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. On motion of Representative Moore, SENATE BILL 372 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: 117, Yeas; 0, Nays; 0, 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. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 3289, having been printed, were taken up for consideration. Representative Parke moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 7) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 3289. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 2439, having been printed, were taken up for consideration. Representative Burke moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 8) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 2439. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 1908, having been printed, were taken up for consideration. Representative Meyer moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 113, Yeas; 0, Nays; 0, Answering Present.
[May 30, 2001] 180 (ROLL CALL 9) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 1908. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 2538, having been printed, were taken up for consideration. Representative Meyer moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 115, Yeas; 0, Nays; 2, Answering Present. (ROLL CALL 10) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 2538. Ordered that the Clerk inform the Senate. Senate Amendment No. 3 to HOUSE BILL 2161, having been printed, was taken up for consideration. Representative Klingler moved that the House concur with the Senate in the adoption of Senate Amendment No. 3. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 11) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 3 to HOUSE BILL 2161. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 2 to HOUSE BILL 1970, having been printed, were taken up for consideration. Representative Moore moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 12) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 2 to HOUSE BILL 1970. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 3128, having been printed, was taken up for consideration. Representative Black moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 13) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3128. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1 and 3 to HOUSE BILL 2380, having been printed, were taken up for consideration. Representative Schmitz moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 3. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 14) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 3 to HOUSE BILL 2380. Ordered that the Clerk inform the Senate.
181 [May 30, 2001] Senate Amendment No. 1 to HOUSE BILL 1030, having been printed, was taken up for consideration. Representative Persico moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 15) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1030. Ordered that the Clerk inform the Senate. Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2228, having been printed, were taken up for consideration. Representative Johnson moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 16) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2228. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 461. Having been recalled on May 21, 2001, and held on the order of Second Reading, the same was again taken up. Representative Feigenholtz offered the following amendments and moved their adoption: AMENDMENT NO. 3 TO SENATE BILL 461 AMENDMENT NO. 3. Amend Senate Bill 461, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Early Intervention Services System Act is amended by changing Sections 3, 4, 5, 11, 13, and 15 and adding Sections 13.5, 13.10, 13.15, 13.20, 13.25, 13.30, 13.32, and 13.50 as follows: (325 ILCS 20/3) (from Ch. 23, par. 4153) Sec. 3. Definitions. As used in this Act: (a) "Eligible infants and toddlers" means infants and toddlers under 36 months of age with any of the following conditions: (1) Developmental delays as defined by the Department by rule. (2) A physical or mental condition which typically results in developmental delay. (3) Being at risk of having substantial developmental delays based on informed clinical judgment. (4) Having entered the program under any of the circumstances listed in paragraphs (1) through (3) of this subsection, and continuing to have any measurable delay; or not having attained a level of development in each area, including (i) cognitive, (ii) physical (including vision and hearing), (iii) language, speech, and communication, (iv) psycho-social, or (v) self-help skills, that is at least at the mean of the child's age equivalent peers; or having been determined by the multidisciplinary individualized family service plan team to require or to be likely to benefit from the continuation of those early intervention services that may continue to be necessary to support continuing developmental progress, given the child's needs, provided in an appropriate
[May 30, 2001] 182 developmental manner. The type, frequency, and intensity should differ from the initial individualized family services plan and reflect the child's developmental progress. (b) "Developmental delay" means a delay in one or more of the following areas of childhood development as measured by appropriate diagnostic instruments and standard procedures: cognitive; physical, including vision and hearing; language, speech and communication; psycho-social; or self-help skills. (c) "Physical or mental condition which typically results in developmental delay" means: (1) a diagnosed medical disorder bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities; or (2) a history of prenatal, perinatal, neonatal or early developmental events suggestive of biological insults to the developing central nervous system and which either singly or collectively increase the probability of developing a disability or delay based on a medical history. (d) "Informed clinical judgment" means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on their professional experience and expertise. (e) "Early intervention services" means services which: (1) are designed to meet the developmental needs of each child eligible under this Act and the needs of his or her family; (2) are selected in collaboration with the child's family; (3) are provided under public supervision; (4) are provided at no cost except where a schedule of sliding scale fees or other system of payments by families has been adopted in accordance with State and federal law; (5) are designed to meet an infant's or toddler's developmental needs in any of the following areas: (A) physical development, including vision and hearing, (B) cognitive development, (C) communication development, (D) social or emotional development, or (E) adaptive development; (6) meet the standards of the State, including the requirements of this Act; (7) include one or more of the following: (A) family training, (B) social work services, including counseling, and home visits, (C) special instruction, (D) speech, language pathology and audiology, (E) occupational therapy, (F) physical therapy, (G) psychological services, (H) service coordination services, (I) medical services only for diagnostic or evaluation purposes, (J) early identification, screening, and assessment services, (K) health services specified by the lead agency as necessary to enable the infant or toddler to benefit from the other early intervention services, (L) vision services, (M) transportation, and (N) assistive technology devices and services; (8) are provided by qualified personnel, including but not
183 [May 30, 2001] limited to: (A) child development specialists or special educators, (B) speech and language pathologists and audiologists, (C) occupational therapists, (D) physical therapists, (E) social workers, (F) nurses, (G) nutritionists, (H) optometrists, (I) psychologists, and (J) physicians; (9) are provided in conformity with an Individualized Family Service Plan; (10) are provided throughout the year; and (11) are provided in natural environments, including the home and community settings in which infants and toddlers without disabilities would participate to the extent determined by the multidisciplinary Individualized Family Service Plan. (f) "Individualized Family Service Plan" or "Plan" means a written plan for providing early intervention services to a child eligible under this Act and the child's family, as set forth in Section 11. (g) "Local interagency agreement" means an agreement entered into by local community and State and regional agencies receiving early intervention funds directly from the State and made in accordance with State interagency agreements providing for the delivery of early intervention services within a local community area. (h) "Council" means the Illinois Interagency Council on Early Intervention established under Section 4. (i) "Lead agency" means the State agency responsible for administering this Act and receiving and disbursing public funds received in accordance with State and federal law and rules. (i-5) "Central billing office" means the central billing office created by the lead agency under Section 13. (j) "Child find" means a service which identifies eligible infants and toddlers. (k) "Regional intake entity" means the lead agency's designated entity responsible for implementation of the Early Intervention Services System within its designated geographic area. (l) "Early intervention provider" means an individual who is qualified, as defined by the lead agency, to provide one or more types of early intervention services, and who has enrolled as a provider in the early intervention program. (m) "Fully credentialed early intervention provider" means an individual who has met the highest standards in the State applicable to the relevant profession, and has met such other qualifications as the lead agency has determined are suitable for personnel providing early intervention services, including pediatric experience, education, and continuing education. The lead agency shall establish these qualifications by rule no later than 180 days after the effective date of this amendatory Act of the 92nd General Assembly. (Source: P.A. 90-158, eff. 1-1-98; 91-538, eff. 8-13-99.) (325 ILCS 20/4) (from Ch. 23, par. 4154) Sec. 4. Illinois Interagency Council on Early Intervention. (a) There is established the Illinois Interagency Council on Early Intervention. The Council shall be composed of at least 15 but not more than 25 members. The members of the Council and the designated chairperson of the Council shall be appointed by the Governor. The Council member representing the lead agency may not serve as chairperson of the Council. The Council shall be composed of the following members:
[May 30, 2001] 184 (1) The Secretary of Human Services (or his or her designee) and 2 additional representatives of the Department of Human Services designated by the Secretary, plus the Directors (or their designees) of the following State agencies involved in the provision of or payment for early intervention services to eligible infants and toddlers and their families: (A) Illinois State Board of Education; (B) (Blank); (C) (Blank); (D) Illinois Department of Children and Family Services; (E) University of Illinois Division of Specialized Care for Children; (F) Illinois Department of Public Aid; (G) Illinois Department of Public Health; (H) (Blank); (I) Illinois Planning Council on Developmental Disabilities; and (J) Illinois Department of Insurance. (2) Other members as follows: (A) At least 20% of the members of the Council shall be parents, including minority parents, of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities. At least one such member shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger; (B) At least 20% of the members of the Council shall be public or private providers of early intervention services; (C) One member shall be a representative of the General Assembly; and (D) One member shall be involved in the preparation of professional personnel to serve infants and toddlers similar to those eligible for services under this Act. The Council shall meet at least quarterly and in such places as it deems necessary. Terms of the initial members appointed under paragraph (2) shall be determined by lot at the first Council meeting as follows: of the persons appointed under subparagraphs (A) and (B), one-third shall serve one year terms, one-third shall serve 2 year terms, and one-third shall serve 3 year terms; and of the persons appointed under subparagraphs (C) and (D), one shall serve a 2 year term and one shall serve a 3 year term. Thereafter, successors appointed under paragraph (2) shall serve 3 year terms. Once appointed, members shall continue to serve until their successors are appointed. No member shall be appointed to serve more than 2 consecutive terms. Council members shall serve without compensation but shall be reimbursed for reasonable costs incurred in the performance of their duties, including costs related to child care, and parents may be paid a stipend in accordance with applicable requirements. The Council shall prepare and approve a budget using funds appropriated for the purpose to hire staff, and obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this Act. This funding support and staff shall be directed by the lead agency. (b) The Council shall: (1) advise and assist the lead agency in the performance of its responsibilities including but not limited to the identification of sources of fiscal and other support services for early intervention programs, and the promotion of interagency agreements which assign financial responsibility to the appropriate
185 [May 30, 2001] agencies; (2) advise and assist the lead agency in the preparation of applications and amendments to applications; (3) review and advise on relevant regulations and standards proposed by the related State agencies; (4) advise and assist the lead agency in the development, implementation and evaluation of the comprehensive early intervention services system; and (5) prepare and submit an annual report to the Governor and to the General Assembly on the status of early intervention programs for eligible infants and toddlers and their families in Illinois. The annual report shall include (i) the estimated number of eligible infants and toddlers in this State, (ii) the number of eligible infants and toddlers who have received services under this Act and the cost of providing those services,
[May 30, 2001] 186 of last resort), a hierarchical order of payment as among the agencies for early intervention services that are covered under or may be paid by programs in other agencies, and procedures for direct billing, collecting reimbursements for payments made, and resolving service and payment disputes; and (2) include all additional components necessary to ensure meaningful cooperation and coordination. Interagency agreements under this paragraph (e) must be reviewed and revised to implement the purposes of this amendatory Act of the 92nd General Assembly no later than 60 days after the effective date of this amendatory Act of the 92nd General Assembly. (f) The maintenance of an early intervention website. Within 30 days after the effective date of this amendatory Act of the 92nd General Assembly, the lead agency shall post and keep posted on this website the following: (i) the current annual report required under subdivision (b)(5) of Section 4 of this Act, and the annual reports of the prior 3 years, (ii) the most recent Illinois application for funds prepared under Section 637 of the Individuals with Disabilities Education Act filed with the United States Department of Education, (iii) proposed modifications of the application prepared for public comment, (iv) notice of Council meetings, Council agendas, and minutes of its proceedings for at least the previous year, (v) proposed and final early intervention rules, (vi) requests for proposals, and (vii) all reports created for dissemination to the public that are related to the early intervention program, including reports prepared at the request of the Council, the General Assembly, and the Legislative Advisory Committee established under Section 13.50 of this Act. Each such document shall be posted on the website within 3 working days after the document's completion. (Source: P.A. 90-158, eff. 1-1-98.) (325 ILCS 20/11) (from Ch. 23, par. 4161) Sec. 11. Individualized Family Service Plans. (a) Each eligible infant or toddler and that infant's or toddler's family shall receive: (1)
187 [May 30, 2001] (b) The Individualized Family Service Plan shall be evaluated once a year and the family shall be provided a review of the Plan at 6 month intervals or more often where appropriate based on infant or toddler and family needs. (c) The evaluation and initial assessment and initial Plan meeting must be held within 45 days after the initial contact with the early intervention services system. With parental consent, early intervention services may commence before the completion of the comprehensive assessment and development of the Plan. (d) Parents must be informed that, at their discretion, early intervention services shall be provided to each eligible infant and toddler in the natural environment, which may include the home or other community settings. Parents shall make the final decision to accept or decline early intervention services. A decision to decline such services shall not be a basis for administrative determination of parental fitness, or other findings or sanctions against the parents. Parameters of the Plan shall be set forth in rules. (e) The regional intake offices shall explain to each family, orally and in writing, all of the following: (1) That the early intervention program will pay for all early intervention services set forth in the individualized family service plan that are not covered or paid under the family's public or private insurance plan or policy and not eligible for payment through any other third party payor. (2) That services will not be delayed due to any rules or restrictions under the family's insurance plan or policy. (3) That the family may request, with appropriate documentation supporting the request, at the regional intake entity, a determination of an exemption from private insurance use under Section 13.25. (4) That responsibility for co-payments or co-insurance under a family's private insurance plan or policy will be transferred to the lead agency's central billing office. (5) That families will be responsible for payments of family fees, which will be based on a sliding scale according to income, and that these fees are payable to the central billing office, and that if the family encounters a catastrophic circumstance, as defined under subsection (f) of Section 13 of this Act, making it unable to pay the fees, the lead agency may, upon proof of inability to pay, waive the fees. (f) The individualized family service plan must state whether the family has private insurance coverage and, if the family has such coverage, must have attached to it a copy of the family's insurance identification card or otherwise include all of the following information: (1) The name, address, and telephone number of the insurance carrier. (2) The contract number and policy number of the insurance plan. (3) The name, address, and social security number of the primary insured. (4) The beginning date of the insurance benefit year. (g) A copy of the individualized family service plan must be provided to each enrolled provider who is providing early intervention services to the child who is the subject of that plan. (Source: P.A. 91-538, eff. 8-13-99.) (325 ILCS 20/13) (from Ch. 23, par. 4163) Sec. 13. Funding and Fiscal Responsibility. (a) The lead agency and every other participating State agency may receive and expend funds appropriated by the General Assembly to
[May 30, 2001] 188 implement the early intervention services system as required by this Act. (b) The lead agency and each participating State agency shall identify and report on an annual basis to the Council the State agency funds utilized for the provision of early intervention services to eligible infants and toddlers. (c) Funds provided under Section 633 of the Individuals with Disabilities Education Act (20 United States Code 1433) and State funds designated or appropriated for early intervention services or programs may not be used to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of this Act, except whenever considered necessary to prevent delay in receiving appropriate early intervention services by the eligible infant or toddler or family in a timely manner. Funds provided under Section 633 of the Individuals with Disabilities Education Act and State funds designated or appropriated for early intervention services or programs may be used by the lead agency to pay the provider of services (A) pending reimbursement from the appropriate State agency or (B) if (i) the claim for payment is denied in whole or in part by a public or private source, or would be denied under the written terms of the public program or plan or private plan, or (ii) use of private insurance for the service has been exempted under Section 13.25. Payment under item (B)(i) may be made based on a pre-determination telephone inquiry supported by written documentation of the denial supplied thereafter by the insurance carrier. (d) Nothing in this Act shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under Title V and Title XIX of the Social Security Act relating to the Maternal Child Health Program and Medicaid for eligible infants and toddlers in this State. (e) The lead agency shall create a central billing office to receive and dispense all relevant State and federal resources, as well as local government or independent resources available, for early intervention services. This office shall assure that maximum federal resources are utilized and that providers receive funds with minimal duplications or interagency reporting and with consolidated audit procedures. (f) The lead agency shall, by rule,
189 [May 30, 2001] causing a direct out-of-pocket loss in excess of 15% of gross income; or (iii) other catastrophic circumstances causing out-of-pocket losses in excess of 15% of gross income. The family must present proof of loss to its service coordinator, who shall document it, and the manager of the regional intake entity shall determine whether the fees shall be reduced, forgiven, or suspended within 10 days after the family's request. (g) To ensure that early intervention funds are used as the payor of last resort for early intervention services, the lead agency shall determine at the point of early intervention intake, and again at any periodic review of eligibility thereafter or upon a change in family circumstances, whether the family is eligible for or enrolled in any program for which payment is made directly or through public or private insurance for any or all of the early intervention services made available under this Act. The lead agency shall establish procedures to ensure that payments are made either directly from these public and private sources instead of from State or federal early intervention funds, or as reimbursement for payments previously made from State or federal early intervention funds. (Source: P.A. 91-538, eff. 8-13-99.) (325 ILCS 20/13.5 new) Sec. 13.5. Other programs. (a) When an application or a review of eligibility for early intervention services is made, and at any eligibility redetermination thereafter, the family shall be asked if it is currently enrolled in Medicaid, KidCare, or the Title V program administered by the University of Illinois Division of Specialized Care for Children. If the family is enrolled in any of these programs, that information shall be put on the individualized family service plan and entered into the computerized case management system, and shall require that the individualized family services plan of a child who has been found eligible for services through the Division of Specialized Care for Children state that the child is enrolled in that program. For those programs in which the family is not enrolled, a preliminary eligibility screen shall be conducted simultaneously for (i) medical assistance (Medicaid) under Article V of the Illinois Public Aid Code, (ii) children's health insurance program (KidCare) benefits under the Children's Health Insurance Program Act, and (iii) Title V maternal and child health services provided through the Division of Specialized Care for Children of the University of Illinois. (b) For purposes of determining family fees under subsection (f) of Section 13 and determining eligibility for the other programs and services specified in items (i) through (iii) of subsection (a), the lead agency shall develop and use, within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, with the cooperation of the Department of Public Aid and the Division of Specialized Care for Children of the University of Illinois, a screening device that provides sufficient information for the early intervention regional intake entities or other agencies to establish eligibility for those other programs and shall, in cooperation with the Illinois Department of Public Aid and the Division of Specialized Care for Children, train the regional intake entities on using the screening device. (c) When a child is determined eligible for and enrolled in the early intervention program and has been found to at least meet the threshold income eligibility requirements for Medicaid or KidCare, the regional intake entity shall complete a KidCare/Medicaid application with the family and forward it to the Illinois Department of Public Aid's KidCare Unit for a determination of eligibility. (d) With the cooperation of the Department of Public Aid, the lead
[May 30, 2001] 190 agency shall establish procedures that ensure the timely and maximum allowable recovery of payments for all early intervention services and allowable administrative costs under Article V of the Illinois Public Aid Code and the Children's Health Insurance Program Act and shall include those procedures in the interagency agreement required under subsection (e) of Section 5 of this Act. (e) For purposes of making referrals for final determinations of eligibility for KidCare benefits under the Children's Health Insurance Program Act and for medical assistance under Article V of the Illinois Public Aid Code, the lead agency shall require each early intervention regional intake entity to enroll as a "KidCare agent" in order for the entity to complete the KidCare application as authorized under Section 22 of the Children's Health Insurance Program Act. (f) For purposes of early intervention services that may be provided by the Division of Specialized Care for Children of the University of Illinois (DSCC), the lead agency shall establish procedures whereby the early intervention regional intake entities may determine whether children enrolled in the early intervention program may also be eligible for those services, and shall develop, within 60 days after the effective date of this amendatory Act of the 92nd General Assembly, (i) the inter-agency agreement required under subsection (e) of Section 5 of this Act, establishing that early intervention funds are to be used as the payor of last resort when services required under an individualized family services plan may be provided to an eligible child through the DSCC, and (ii) training guidelines for the regional intake entities and providers that explain eligibility and billing procedures for services through DSCC. (g) The lead agency shall require that an individual applying for or renewing enrollment as a provider of services in the early intervention program state whether or not he or she is also enrolled as a DSCC provider. This information shall be noted next to the name of the provider on the computerized roster of Illinois early intervention providers, and regional intake entities shall make every effort to refer families eligible for DSCC services to these providers. (325 ILCS 20/13.10 new) Sec. 13.10. Private health insurance; assignment. The lead agency shall determine, at the point of new applications for early intervention services, and for all children enrolled in the early intervention program, at the regional intake offices, whether the child is insured under a private health insurance plan or policy. An application for early intervention services shall serve as a right to assignment of the right of recovery against a private health insurance plan or policy for any covered early intervention services that may be billed to the family's insurance carrier and that are provided to a child covered under the plan or policy. (325 ILCS 20/13.15 new) Sec. 13.15. Billing of insurance carrier. (a) Subject to the restrictions against private insurance use on the basis of material risk of loss of coverage, as determined under Section 13.25, each enrolled provider who is providing a family with early intervention services shall bill the child's insurance carrier for each unit of early intervention service for which coverage may be available. The lead agency may exempt from the requirement of this paragraph any early intervention service that it has deemed not to be covered by insurance plans. When the service is not exempted, providers who receive a denial of payment on the basis that the service is not covered under any circumstance under the plan are not required to bill that carrier for that service again until the following insurance benefit year. That explanation of benefits denying the claim, once submitted to the central billing office, shall be sufficient to meet
191 [May 30, 2001] the requirements of this paragraph as to subsequent services billed under the same billing code provided to that child during that insurance benefit year. Any time limit on a provider's filing of a claim for payment with the central billing office that is imposed through a policy, procedure, or rule of the lead agency shall be suspended until the provider receives an explanation of benefits or other final determination of the claim it files with the child's insurance carrier. (b) In all instances when an insurance carrier has been billed for early intervention services, whether paid in full, paid in part, or denied by the carrier, the provider must provide the central billing office, within 90 days after receipt, with a copy of the explanation of benefits form and other information in the manner prescribed by the lead agency. (c) When the insurance carrier has denied the claim or paid an amount for the early intervention service billed that is less that the current State rate for early intervention services, the provider shall submit the explanation of benefits with a claim for payment, and the lead agency shall pay the provider the difference between the sum actually paid by the insurance carrier for each unit of service provided under the individualized family service plan and the current State rate for early intervention services. The State shall also pay the family's co-payment or co-insurance under its plan, but only to the extent that those payments plus the balance of the claim do not exceed the current State rate for early intervention services. The provider may under no circumstances bill the family for the difference between its charge for services and that which has been paid by the insurance carrier or by the State. (325 ILCS 20/13.20 new) Sec. 13.20. Families with insurance coverage. (a) Families of children with insurance coverage, whether public or private, shall incur no greater or less direct out-of-pocket expenses for early intervention services than families who are not insured. (b) Managed care plans. (1) Use of managed care network providers. When a family's insurance coverage is through a managed care arrangement with a network of providers that includes one or more types of early intervention specialists who provide the services set forth in the family's individualized family service plan, the regional intake entity shall require the family to use those network providers, but only to the extent that: (A) the network provider is immediately available to receive the referral and to begin providing services to the child; (B) the network provider is enrolled as a provider in the Illinois early intervention system and fully credentialed under the current policy or rule of the lead agency; (C) the network provider can provide the services to the child in the manner required in the individualized service plan; (D) the family would not have to travel more than an additional 15 miles or an additional 30 minutes to the network provider than it would have to travel to a non-network provider who is available to provide the same service; and (E) the family's managed care plan does not allow for billing (even at a reduced rate or reduced percentage of the claim) for early intervention services provided by non-network providers. (2) Transfers from non-network to network providers. If a
[May 30, 2001] 192 child has been receiving services from a non-network provider and the regional intake entity determines, at the time of enrollment in the early intervention program or at any point thereafter, that the family is enrolled in a managed care plan, the regional intake entity shall require the family to transfer to a network provider within 45 days after that determination, but within no more than 60 days after the effective date of this amendatory Act of the 92nd General Assembly, if: (A) all the requirements of subdivision (b)(1) of this Section have been met; and (B) the child is less than 26 months of age. (3) Waivers. The lead agency may fully or partially waive the network enrollment requirements of subdivision (b)(1) of this Section and the transfer requirements of subdivision (b)(2) of this Section as to a particular region, or narrower geographic area, if it finds that the managed care plans in that area are not allowing further enrollment of early intervention providers and it finds that referrals or transfers to network providers could cause an overall shortage of early intervention providers in that region of the State or could cause delays in families securing the early intervention services set forth in individualized family services plans. (4) The lead agency, in conjunction with any entities with which it may have contracted for the training and credentialing of providers, the local interagency council for early intervention, the regional intake entity, and the enrolled providers in each region who wish to participate, shall cooperate in developing a matrix and action plan that (A) identifies both (i) which early intervention providers and which fully credentialed early intervention providers are members of the managed care plans that are used in the region by families with children in the early intervention program, and (ii) which early intervention services, with what restrictions, if any, are covered under those plans, (B) identifies which credentialed specialists are members of which managed care plans in the region, and (C) identifies the various managed care plans to early intervention providers, encourages their enrollment in the area plans, and provides them with information on how to enroll. These matrices shall be complete no later than 7 months after the effective date of this amendatory Act of the 92nd General Assembly, and shall be provided to the Early Intervention Legislative Advisory Committee at that time. The lead agency shall work with networks that may have closed enrollment to additional providers to encourage their admission of early intervention providers, and shall report to the Early Intervention Legislative Advisory Committee on the initial results of these efforts no later than February 1, 2002. (325 ILCS 20/13.25 new) Sec. 13.25. Private insurance; exemption. (a) The lead agency shall establish procedures for a family, whose child is eligible to receive early intervention services, to apply for an exemption restricting the use of its private insurance plan or policy based on material risk of loss of coverage as authorized under subsection (c) of this Section. (b) The lead agency shall make a final determination on a request for an exemption within 10 days after its receipt of a written request for an exemption at the regional intake entity. During that 10 days, no claims may be filed against the insurance plan or policy. If the exemption is granted, it shall be noted on the individualized family service plan, and the family and the providers serving the family shall be notified in writing of the exemption.
193 [May 30, 2001] (c) An exemption may be granted on the basis of material risk of loss of coverage only if the family submits documentation with its request for an exemption that establishes (i) that the insurance plan or policy covering the child is an individually purchased plan or policy and has been purchased by a head of a household that is not eligible for a group medical insurance plan, (ii) that the policy or plan has a lifetime cap that applies to one or more specific types of early intervention services specified in the family's individualized family service plan, and that coverage could be exhausted during the period covered by the individualized family service plan, or (iii) proof of another risk that the lead agency, in its discretion, may have additionally established and defined as a ground for exemption by rule. (d) An exemption under this Section based on material risk of loss of coverage may apply to all early intervention services and all plans or policies insuring the child, may be limited to one or more plans or policies, or may be limited to one or more types of early intervention services in the child's individualized family services plan. (325 ILCS 20/13.30 new) Sec. 13.30. System of personnel development. The lead agency shall provide training to early intervention providers and may enter into contracts to meet this requirement. If such contracts are let, they shall be bid under a public request for proposals that shall be posted on the lead agency's early intervention website for no less than 30 days. This training shall include, at minimum, the following types of instruction: (a) Courses in birth-to-3 evaluation and treatment of children with developmental disabilities and delays (1) that are taught by fully credentialed early intervention providers or educators with substantial experience in evaluation and treatment of children from birth to age 3 with developmental disabilities and delays, (2) that cover these topics within each of the disciplines of audiology, occupational therapy, physical therapy, speech and language pathology, and developmental therapy, including the social-emotional domain of development, (3) that are held no less than twice per year, (4) that offer no fewer than 20 contact hours per year of course work, (5) that are held in no fewer than 5 separate locales throughout the State, and (6) that give enrollment priority to early intervention providers who do not meet the experience, education, or continuing education requirements necessary to be fully credentialed early intervention providers; and (b) Courses held no less than twice per year for no fewer than 4 hours each in no fewer than 5 separate locales throughout the State each on the following topics: (1) Practice and procedures of private insurance billing. (2) The role of the regional intake entities; service coordination; program eligibility determinations; family fees; Medicaid, KidCare, and Division of Specialized Care applications, referrals, and coordination with Early Intervention; and procedural safeguards. (3) Introduction to the early intervention program, including provider enrollment and credentialing, overview of Early Intervention program policies and regulations, and billing requirements. (4) Evaluation and assessment of birth-to-3 children; individualized family service plan development, monitoring, and review; best practices; service guidelines; and quality assurance. (325 ILCS 20/13.32 new) Sec. 13.32. Contracting. The lead agency may enter into contracts for some or all of its responsibilities under this Act, including but not limited to, credentialing and enrolling providers; training under Section 13.30; maintaining a central billing office; data collection
[May 30, 2001] 194 and analysis; establishing and maintaining a computerized case management system accessible to local referral offices and providers; creating and maintaining a system for provider credentialing and enrollment; creating and maintaining the central directory required under subsection (g) of Section 7 of this Act; and program operations. If contracted, these contracts are subject to the Illinois Procurement Code, shall be subject to public bid under requests for proposals under that Code, and, in addition to the posting requirements under that Code, shall be posted on the early intervention website maintained by the lead agency during the entire bid period. Any of these listed responsibilities currently under contract or grant that have not met these requirements shall be subject to public bid under this request for proposal process no later than July 1, 2002. (325 ILCS 20/13.50 new) Sec. 13.50. Early Intervention Legislative Advisory Committee. No later than 60 days after the effective date of this amendatory Act of 92nd General Assembly, there shall be convened the Early Intervention Legislative Advisory Committee. The majority and minority leaders of the General Assembly shall each appoint 2 members to the Committee. The Committee's term is for a period of 2 years, and the Committee shall publicly convene no less than 4 times per year. The Committee's responsibilities shall include, but not be limited to, providing guidance to the lead agency regarding programmatic and fiscal management and accountability, provider development and accountability, contracting, and program outcome measures. During the life of the Committee, on a quarterly basis, or more often as the Committee may request, the lead agency shall provide to the Committee, and simultaneously to the public, through postings on the lead agency's early intervention website, quarterly reports containing monthly data and other early intervention program information that the Committee requests. The first data report must be supplied no later than September 21, 2001, and must include the previous 2 quarters of data. (325 ILCS 20/15) (from Ch. 23, par. 4165) Sec. 15. The Auditor General of the State shall conduct a follow-up
195 [May 30, 2001] frequency, and intensity of services shall differ from the initial individualized family services plan because of the child's developmental progress, and may consist of only service coordination, evaluation, and assessments."; and on page 5, line 30, by deleting "highest"; and on page 6, line 2, after "rule", by inserting "filed"; and on page 12, by replacing lines 18 through 25 with the following: "frequency and intensity of those services. All services in the individualized family services plan must be justified by the multidisciplinary assessment of the unique strengths and needs of the infant or toddler and must be appropriate to meet those needs. At the periodic reviews, the team shall determine whether modification or revision of the outcomes or services is necessary."; and on page 13, lines 23 and 24, by deleting "at the regional intake entity,"; and on page 16, by replacing line 31 with the following: "who shall document it, and the lead agency"; and on page 16, line 32, by deleting "entity"; and on page 16, line 33, after "10", by inserting "business"; and on page 24, line 25, after "10", by inserting "business"; and on page 27, line 10, by changing "these" to "the"; and on page 27, by replacing lines 11 and 12 with the following: "contract shall be subject to a public request for proposals as described in the Illinois Procurement Code, notwithstanding any exemptions or alternative processes that may be allowed for such a contract under"; and on page 27, line 19, before the period, by inserting "or the date of termination of any contract in place". The motion prevailed and the amendments were adopted and ordered printed. There being no further amendments, the foregoing Amendments numbered 3 and 4 were 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 and 3 to HOUSE BILL 1887, having been printed, were taken up for consideration. Representative Hamos moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1 and 3. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 17) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1 and 3 to HOUSE BILL 1887. Ordered that the Clerk inform the Senate. Senate Amendment No. 1 to HOUSE BILL 3192, having been printed, was taken up for consideration. Representative Coulson moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 116, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 18) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 3192.
[May 30, 2001] 196 Ordered that the Clerk inform the Senate. Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2419, having been printed, were taken up for consideration. Representative Osmond moved that the House concur with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 19) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendments numbered 1, 2 and 3 to HOUSE BILL 2419. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1283. Having been recalled on May 24, 2001, and held on the order of Second Reading, the same was again taken up. Representative May offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1283 AMENDMENT NO. 2. Amend Senate Bill 1283, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Civil Administrative Code of Illinois is amended by adding Article 2510 as follows: (20 ILCS 2510/Art. 2510 heading new) ARTICLE 2510. CERTIFIED AUDIT PROGRAM (20 ILCS 2510/2510-1 new) Sec. 2510-1. Short title. This Article 2510 of the Civil Administrative Code of Illinois may be cited as the Certified Audit Program Law. (20 ILCS 2510/2510-3 new) Sec. 2510-3. Findings. The General Assembly finds that: (1) Voluntary compliance is the cornerstone of an effective tax system. (2) Despite attempts by the General Assembly, State taxes are not simple. (3) Even the most diligent taxpayers through mistake or inadvertence may not pay all taxes due. (4) The Illinois Department of Revenue lacks the resources to audit the compliance of all taxpayers. (5) Illinois certified public accountants provide valuable advice and assistance to Illinois taxpayers on State tax issues. (6) A pilot program establishing a partnership between taxpayers, Illinois certified public accountants, and the Illinois Department of Revenue will provide guidance to taxpayers and enhance voluntary compliance. (20 ILCS 2510/2510-5 new) Sec. 2510-5. Definitions. As used in this Article: "Certification program" means an instructional curriculum, examination, and process for certification, recertification, and revocation of certification of certified public accountants that is administered by the Illinois CPA Society and that is officially approved by the Department to ensure that a certified public accountant possesses the necessary skills and abilities to successfully perform an attestation engagement for tax compliance review in a certified audit project.
197 [May 30, 2001] "Department" means the Illinois Department of Revenue. "Participating taxpayer" means any person subject to the revenue laws administered by the Department who enters into an engagement with a qualified practitioner for tax compliance review and who is approved by the Department under the certified audit project. "Qualified practitioner" means a certified public accountant who is licensed to practice in Illinois and who has completed the certification program. The phrase "completed the certification program" means the participant has met all requirements for the certified audit training course, achieved the required score on the certification test as approved by the Department, and has been certified by the Department. (20 ILCS 2510/2510-10 new) Sec. 2510-10. Certified audit project. (a) Subject to appropriation, the Department is authorized to initiate a certified audit pilot project to further enhance tax compliance reviews performed by qualified practitioners and to encourage taxpayers to hire qualified practitioners at their own expense to review and report on their sales tax and use tax compliance. The nature of the certified audit work performed by qualified practitioners shall be agreed-upon procedures in which the Department is the specified user of the resulting report. (b) As an incentive for taxpayers to incur the costs of a certified audit, the Department shall abate penalties and interest due on any tax liabilities revealed by a certified audit, except that this authority to abate penalties or interest shall not apply to any liability for taxes that were collected by the participating taxpayer but not remitted to the Department nor shall the Department have the authority to abate fraud penalties. (c) The certified audit pilot project shall apply only to occupation and use taxes administered and collected by the Department. (d) The certified audit pilot project shall not extend beyond July 1, 2004. (20 ILCS 2510/2510-15 new) Sec. 2510-15. Practitioner responsibilities. Any practitioner responsible for planning, directing, or conducting a certified audit or reporting on a participating taxpayer's tax compliance shall be a qualified practitioner. For purposes of this Section, a practitioner is responsible for: (1) Planning a certified audit when performing work that involves determining the objectives, scope, and methodology of the certified audit, when establishing criteria to evaluate matters subject to the review as part of the certified audit, when gathering information used in planning the certified audit, or when coordinating the certified audit with the Department. (2) Directing a certified audit when the work involves supervising the efforts or reviewing the work of others to determine whether it is properly accomplished and complete. (3) Conducting a certified audit when performing tests and procedures or field audit work necessary to accomplish the audit objectives in accordance with applicable standards. (4) Reporting on a participating taxpayer's tax compliance in a certified audit when determining report contents and substance or reviewing reports for technical content and substance prior to issuance. (20 ILCS 2510/2510-20 new) Sec. 2510-20. Notification. (a) A qualified practitioner shall notify the Department of an engagement to perform a certified audit and shall provide the Department with the information the Department deems necessary to
[May 30, 2001] 198 identify the taxpayer, to confirm that the taxpayer is not already under audit by the Department, and to establish the basic nature of the taxpayer's business and the taxpayer's potential exposure to Illinois occupation and use tax laws. The information provided in the notification shall include the taxpayer's name, federal employer identification number or social security number, Illinois business tax number, mailing address, business location, and the specific occupation and use taxes and period proposed to be covered by the engagement for the certified audit. In addition, the notice shall include the name, address, identification number, contact person, and telephone number of the engaged firm. (b) If the taxpayer has not been issued a written notice of intent to conduct an audit, the taxpayer shall be a participating taxpayer and the Department shall so advise the qualified practitioner in writing within 10 days after receipt of the engagement notice. However, the Department may exclude a taxpayer from a certified audit or may limit the taxes or periods subject to the certified audit on the basis that the Department has previously conducted an audit, that it is in the process of conducting an investigation or other examination of the taxpayer's records, or for just cause. (c) Notice of the qualification of a taxpayer for a certified audit shall toll the statute of limitations provided with respect to the taxpayer for the tax and periods covered by the engagement. (d) Within 30 days after receipt of the notice of qualification from the Department, the qualified practitioner shall contact the Department and submit a proposed audit plan and procedures for review and agreement by the Department. The Department may extend the time for submission of the plan and procedures for reasonable cause. The qualified practitioner shall initiate action to advise the Department that amendment or modification of the plan and procedures is necessary in the event that the qualified practitioner's inspection reveals that the taxpayer's circumstances or exposure to the revenue laws is substantially different than as described in the engagement notice. (20 ILCS 2510/2510-25 new) Sec. 2510-25. Audit performance and review. (a) Upon the Department's designation of the agreed-upon procedures to be followed by a practitioner in a certified audit, the qualified practitioner shall perform the engagement and shall timely submit a completed report to the Department. The report shall affirm completion of the agreed-upon procedures and shall provide any required disclosures. (b) The Department shall review the report of the certified audit and shall accept it when it is determined to be complete. Once the report is accepted by the Department, the Department shall issue a notice of proposed assessment reflecting the determination of any additional liability reflected in the report and shall provide the taxpayer with all the normal payment, protest, and appeal rights with respect to the liability, including the right to a review by the Informal Conference Board. In cases where the report indicates an overpayment has been made, the taxpayer shall submit a properly executed claim for refund to the Department. Otherwise, the certified audit report is a final and conclusive determination with respect to the tax and period covered. No additional assessment may be made by the Department for the specific taxes and period referenced in the report, except upon a showing of fraud or material misrepresentation. This determination shall not prevent the Department from collecting liabilities not covered by the report or from conducting an audit or investigation and making an assessment for additional tax, penalty, or interest for any tax or period not covered by the report. (20 ILCS 2510/2510-30 new)
199 [May 30, 2001] Sec. 2510-30. Rules. To implement the certified audit project, the Department shall have authority to adopt rules including, but not limited to: (1) The availability of the certification program required for participation in the project; (2) The requirements and basis for establishing just cause for approval or rejection of participation by taxpayers; (3) Procedures for assessment, collection, and payment of liabilities or refund of overpayments and provisions for taxpayers to obtain informal and formal review of certified audit results; (4) The nature, frequency, and basis for the Department's review of certified audits conducted by qualified practitioners, including the requirements for documentation, work-paper retention and access, and reporting; and (5) Requirements for conducting certified audits and for review of agreed-upon procedures. Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 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 Hoffman, SENATE BILL 75 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 20) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. SENATE BILLS ON SECOND READING Having been read by title a second time on May 16, 2001 and held, the following bill was taken up and advanced to the order of Third Reading: SENATE BILL 883. 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 Ryder, SENATE BILL 883 was taken up and read by title a third time. And the question being, "Shall this bill pass?" it was decided in the negative by the following vote:
[May 30, 2001] 200 41, Yeas; 71, Nays; 5, Answering Present. (ROLL CALL 21) This bill, having failed to receive the votes of a constitutional majority of the Members elected, was declared lost. On motion of Representative May, SENATE BILL 1283 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 22) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 922, having been printed, was taken up for consideration. Representative Yarbrough moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 23) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 922. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 730. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendment was offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 730 AMENDMENT NO. 1. Amend Senate Bill 730 by replacing everything after the enacting clause with the following: "Section 5. The Retailers' Occupation Tax Act is amended by changing Section 14 as follows: (35 ILCS 120/14) (from Ch. 120, par. 453) Sec. 14. Short title; additional tax. This Act shall be known as the
201 [May 30, 2001] 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 Moore, SENATE BILL 730 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 24) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1176. Having been recalled on May 23, 2001, and held on the order of Second Reading, the same was again taken up and 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 Moore, SENATE BILL 1176 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: 114, Yeas; 2, Nays; 0, Answering Present. (ROLL CALL 25) This bill, as amended, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate and ask their concurrence in the House amendment/s adopted. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendment No. 1 to HOUSE BILL 1907, having been printed, was taken up for consideration. Representative Steve Davis moved that the House concur with the Senate in the adoption of Senate Amendment No. 1. And on that motion, a vote was taken resulting as follows: 94, Yeas; 18, Nays; 4, Answering Present. (ROLL CALL 26) The motion prevailed and the House concurred with the Senate in the adoption of Senate Amendment No. 1 to HOUSE BILL 1907. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 975. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again
[May 30, 2001] 202 taken up. The following amendment was offered in the Committee on Executive, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 975 AMENDMENT NO. 1. Amend Senate Bill 975 by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 1-1 as follows: (10 ILCS 5/1-1) (from Ch. 46, par. 1-1) Sec. 1-1. Short title. This Act may be cited as the Election Code. This Act is the general election law of Illinois and any reference in any other Act to "the general election law" or "the general election law of this State" is a reference to this Act, as now or hereafter amended. (Source: P.A. 86-1475.)". Floor Amendments numbered 2 and 3 remained in the Committee on Rules. Representative Meyer offered and withdrew Amendment No. 4. Representative Meyer offered the following amendment and moved its adoption: AMENDMENT NO. 5 TO SENATE BILL 975 AMENDMENT NO. 5. Amend Senate Bill 975, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Election Code is amended by changing Section 12-5 as follows: (10 ILCS 5/12-5) (from Ch. 46, par. 12-5) Sec. 12-5. Notice for public questions. For all elections held after July 1, 1999, notice of public questions shall be required only as set forth in this Section or as set forth in Section 17-3 or 19-3 of the School Code. Not more than 30 days nor less than 10 days before the date of a regular election at which a public question is to be submitted to the voters of a political or governmental subdivision, and at least 20 days before an emergency referendum, the election authority shall publish notice of the referendum. The notice shall be published once in a local, community newspaper having general circulation in the political or governmental subdivision. The notice shall also be given at least 10 days before the date of the election by posting a copy of the notice at the principal office of the election authority. The local election official shall also post a copy of the notice at the principal office of the political or governmental subdivision, or if there is no principal office at the building in which the governing body of the political or governmental subdivision held its first meeting of the calendar year in which the referendum is being held. The election authority and the political or governmental subdivision may, but are not required to, post the notice electronically on their World Wide Web pages. The notice, which shall appear over the name or title of the election authority, shall be substantially in the following form: NOTICE IS HEREBY GIVEN that at the election to be held on (insert day of the week), (insert date of election), the following proposition will be submitted to the voters of (name of political
203 [May 30, 2001] or governmental subdivision): (insert the public question as it will appear on the ballot) The polls at the election will be open at 6:00 o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day. Dated (date of notice) (Name or title of the election authority) The notice shall also include any additional information required by the statute authorizing the public question. The notice shall set forth the precincts and polling places at which the referendum will be conducted only in the case of emergency referenda. (Source: P.A. 91-57, eff. 6-30-99.) Section 10. The Township Code is amended by changing Sections 115-20 and 115-105 as follows: (60 ILCS 1/115-20) Sec. 115-20. Referendum on recommended plan; petition. (a) If the board recommends adoption of the open space plan, or if a petition is filed by not less than 5% or 50, whichever is greater, of the registered voters of the township (according to the voting registration records at the time the petition is filed) recommending adoption of the open space plan, then the Board, within 30 days of making of the recommendation or the filing of the petition, shall file a petition with the township clerk, requesting the clerk to submit to the voters of the township the question of whether the township shall adopt the open space plan and enter upon an open space program, with the power to acquire open land by purchase, condemnation (except townships in counties having a population of more than 150,000 but not more than 250,000), or otherwise in the township and with the power to issue bonds for those purposes under this Article. The total amount of bonds to be issued under this Section may not exceed 5% of the valuation of all taxable property in the township and shall be set forth in the question as a dollar amount. The township clerk shall certify that proposition to the proper election officials, who shall submit the proposition to the township voters at the next regular election. The referendum shall be conducted and notice given in accordance with the general election law. (b) The question submitted to the voters at the election shall be in substantially the following form: Shall (name of township) adopt the open space plan considered at the public hearing on (date) and enter upon an open space program, and shall the Township Board have the power (i) to acquire open land by purchase (insert ", condemnation," if the township is in a county having a population of more than 250,000) or otherwise, (ii) to issue bonds for open space purposes in an amount not exceeding $(amount), and (iii) to levy a tax to pay the principal of and interest on those bonds, as provided in Article 115 of the Township Code? The votes shall be recorded as "Yes" or "No". (c) If a majority of the voters voting at the election on the question vote in favor of the question, the township shall thereafter adopt the open space plan recommended by the board or by the petition of the registered voters of the township and shall enter upon an open space program under this Article. If the proposition does not receive the approval of a majority of the voters voting at the election on the question, no proposition may be submitted to the voters under this Section less than 23 months after the date of the election. (d) If a majority of the legal voters voting at referendum in any township approved a proposition at the consolidated election in 2001 in reliance upon and consistent with this Section 115-20 as it existed prior to the effective date of Public Act 91-847, then that referendum and all actions taken in reliance thereon are hereby validated and are
[May 30, 2001] 204 legally binding in all respects. (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00.) (60 ILCS 1/115-105) Sec. 115-105. Borrowing money; bonds. The township board may borrow money and issue bonds, after referendum, for the purpose of acquiring, developing, rehabilitating and renovating open lands for open space purposes, as defined in Section 115-5, pursuant to an open space program adopted as provided in this Article, in and for the township in any amount not to exceed 5% on the valuation of taxable property in the township, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness or, until January 1, 1983, if greater, the sum that is produced by multiplying the township's 1978 equalized assessed valuation by the debt limitation percentage on January 1, 1979. Whenever the board desires to issue bonds under this Article, or whenever the board receives a petition from not less than 5% or 50, whichever is greater, of the registered voters of the township, according to the voting registration records at the time the petition is filed, requesting the board to issue bonds under this Article, the board, concurrently with the filing of a petition with the township clerk requesting him to submit to the voters of the township at the next election the question of whether or not to adopt an open space plan and enter upon an open space program, shall certify that proposition to the proper election officials who shall submit to the voters of the township at the next election the question of whether or not the board shall issue bonds to finance an open space program and provide for the levy and collection of a direct annual tax upon all taxable property within the township to meet the principal and interest on the bonds as they mature, which tax shall be in addition to and in excess of any other tax authorized to be levied by the township. The amount of bonds to be issued under this Section shall be set forth in the question as a dollar amount. The election shall be conducted and notice given in accordance with the general election law. The question submitted to the voters at the election shall be in substantially the following form: Shall (name of township) issue bonds to finance the acquisition, maintenance, development, rehabilitation and renovation of open space lands for open space purposes as provided by the Township Open Space Article of the Township Code and levy and collect property taxes, in excess of any other tax authorized to be levied by the township, sufficient to meet the principal and interest on the bonds as they mature, but not in an amount in excess of $(amount)? The votes shall be recorded as "Yes" or "No". If a majority of the voters voting on the question vote in favor of the question, the board shall issue bonds as provided in this Article provided such bonds are issued within 6 months after the voters vote favorably on such question. If such proposition does not receive the approval of a majority of the voters voting at the election on the question, no proposition may be submitted to such voters pursuant to this Section less than 23 months after the date of such election. The board shall then adopt a resolution authorizing the issuance of such bonds, prescribing all the details thereof, and stating the time or times when the principal thereof and the interest on the bonds become payable, and the place of payment thereof. The bonds must, however, be payable within not less than 3 nor more than 40 years from date thereof, and be issued to bear interest at not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract. Such a resolution shall provide for the levy and collection of a direct annual tax upon all the
205 [May 30, 2001] taxable property within the corporate limits of such township sufficient to meet the principal of and interest on the bonds as they mature, which tax shall be in addition to and in excess of any other tax authorized to be levied by the township. A certified copy of the resolution providing for the issuance of any such bonds shall be filed with the county clerk of the county in which the township is located and constitutes the basis and authority of the county clerk for the extension and collection of the tax necessary to pay the principal of and interest upon the bonds issued under the resolution. With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of Public Act 86-004, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Article that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bonds Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Article that may appear to be or to have been more restrictive than those Acts. If a majority of the legal voters voting at referendum in any township approved a proposition at the consolidated election in 2001 in reliance upon and consistent with this Section 115-105 as it existed prior to the effective date of Public Act 91-847, then that referendum and all actions taken in reliance thereon are hereby validated and are legally binding in all respects. (Source: P.A. 91-847, eff. 6-22-00.) Section 15. The School Code is amended by changing Sections 17-3 and 19-3 as follows: (105 ILCS 5/17-3) (from Ch. 122, par. 17-3) Sec. 17-3. Additional levies-Submission to voters. The school board in any district having a population of less than 500,000 inhabitants may, by proper resolution, cause a proposition to increase, for a limited period of not less than 3 nor more than 10 years or for an unlimited period, the annual tax rate for educational purposes to be submitted to the voters of such district at a regular scheduled election as follows: (1) in districts maintaining grades 1 through 8, or grades 9 through 12, the maximum rate for educational purposes shall not exceed 3.5% of the value as equalized or assessed by the Department of Revenue; (2) in districts maintaining grades 1 through 12 the maximum rate for educational purposes shall not exceed 4.00%, except that if a single elementary district and a secondary district having boundaries that are coterminous on the effective date of this amendatory Act form a community unit district under Section 11-6, then the maximum rate for education purposes for such district shall not exceed 6.00% of the value as equalized or assessed by the Department of Revenue. If the resolution of the school board seeks to increase the annual tax rate for educational purposes for a limited period of not less than 3 nor more than 10 years, the proposition shall so state and shall identify the years for which the tax increase is sought. If a majority of the votes cast on the proposition is in favor thereof at an election for which the election authorities have given notice either (i) in accordance with Section 12-5 of the Election Code or (ii) by publication of a true and legible copy of the specimen
[May 30, 2001] 206 ballot label containing the proposition in the form in which it appeared or will appear on the official ballot label on the day of the election at least 5 days before the day of the election in at least one newspaper published in and having a general circulation in the district, the school board may thereafter, until such authority is revoked in like manner, levy annually the tax so authorized; provided that if the proposition as approved limits the increase in the annual tax rate of the district for educational purposes to a period of not less than 3 nor more than 10 years, the district may, unless such authority is sooner revoked in like manner, levy annually the tax so authorized for the limited number of years approved by a majority of the votes cast on the proposition. Upon expiration of that limited period, the rate at which the district may annually levy its tax for educational purposes shall be the rate provided under Section 17-2, or the rate at which the district last levied its tax for educational purposes prior to approval of the proposition authorizing the levy of that tax at an increased rate, whichever is greater. The school board shall certify the proposition to the proper election authorities in accordance with the general election law. The provisions of this Section concerning notice of the tax rate increase referendum apply only to consolidated primary elections held prior to January 1, 2002 at which not less than 55% of the voters voting on the tax rate increase proposition voted in favor of the tax rate increase proposition. (Source: P.A. 88-376.) (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) Sec. 19-3. Boards of education. Any school district governed by a board of education and having a population of not more than 500,000 inhabitants, and not governed by a special Act may borrow money for the purpose of building, equipping, altering or repairing school buildings or purchasing or improving school sites, or acquiring and equipping playgrounds, recreation grounds, athletic fields, and other buildings or land used or useful for school purposes or for the purpose of purchasing a site, with or without a building or buildings thereon, or for the building of a house or houses on such site, or for the building of a house or houses on the school site of the school district, for residential purposes of the superintendent, principal, or teachers of the school district, and issue its negotiable coupon bonds therefor signed by the president and secretary of the board, in denominations of not less than $100 nor more than $5,000, payable at such place and at such time or times, not exceeding 20 years from date of issuance, as the board of education may prescribe, and bearing interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, payable annually, semiannually or quarterly, but no such bonds shall be issued unless the proposition to issue them is submitted to the voters of the district at a referendum held at a regularly scheduled election after the board has certified the proposition to the proper election authorities in accordance with the general election law, a majority of all the votes cast on the proposition is in favor of the proposition, and notice of such bond referendum
207 [May 30, 2001] at least one newspaper published in and having a general circulation in
[May 30, 2001] 208 (ROLL CALL 27) 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 264. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendment No. 1 lost in the Committee on Elementary & Secondary Education. Representative Currie offered and withdrew Amendment No. 2. Floor Amendment No. 3 remained in the Committee on Rules. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 264 AMENDMENT NO. 4. Amend Senate Bill 264 on page 1, immediately below line 3, by inserting the following: "Section 3. If and only if House Bill 1096 of the 92nd General Assembly (as amended by Senate Amendments Nos. 1 and 2) becomes law, the School Code is amended by changing Sections 13B-20.30 and 13B-30.15 as follows: (105 ILCS 5/13B-20.30) Sec. 13B-20.30. Location of program. No alternative learning opportunities program may be established at a facility separate from the regular school setting unless the school district presents information in its district plan showing that the use of a separate facility is in the educational interests of the participating students.
209 [May 30, 2001] And on that motion, a vote was taken resulting as follows: 54, Yeas; 49, Nays; 14, Answering Present. (ROLL CALL 28) The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 was adopted and the bill, as amended, was again held on the order of Second 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 Feigenholtz, SENATE BILL 461 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 29) 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. RECEDE OR REFUSAL TO RECEDE FROM HOUSE AMENDMENTS TO SENATE BILLS House Amendments numbered 1 and 2 to SENATE BILL 265, having been printed, were taken up for consideration. Representative Hoffman moved that the House recede from Amendments numbered 1 and 2. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 30) The motion prevailed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 284. Having been recalled on May 23, 2001, and held on the order of Second Reading, the same was again taken up. Floor Amendments numbered 1 and 2 remained in the Committee on Rules. There being no further amendments, the bill 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 Boland, SENATE BILL 284 was taken up
[May 30, 2001] 210 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: 78, Yeas; 6, Nays; 3, Answering Present. (ROLL CALL 36) This bill, having received the votes of a constitutional majority of the Members elected, was declared passed. Ordered that the Clerk inform the Senate. CONCURRENCES AND NON-CONCURRENCES IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 3247, having been printed, were taken up for consideration. Representative Hassert moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 1504. Having been read by title a second time on May 25, 2001, and held on the order of Second Reading, the same was again taken up. Representative Bellock offered the following amendment and moved its adoption: AMENDMENT NO. 2 TO SENATE BILL 1504 AMENDMENT NO. 2. Amend Senate Bill 1504, AS AMENDED, by replacing everything after the enacting clause with the following: "Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 7.3 as follows: (20 ILCS 1705/7.3 new) Sec. 7.3. Nurse aide registry; finding of abuse or neglect. The Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person, in any capacity, who is identified by the nurse aide registry as having been subject of a substantiated finding of abuse or neglect of a service recipient. The Department shall establish and maintain the rules that are necessary or appropriate to effectuate the intent of this Section. The provisions of this Section shall not apply to any facility, service agency, or support agency licensed or certified by a State agency other than the Department, unless operated by the Department of Human Services. Section 10. The Abused and Neglected Long Term Care Facility Residents Reporting Act is amended by changing Section 6.2 as follows: (210 ILCS 30/6.2) (from Ch. 111 1/2, par. 4166.2) (Section scheduled to be repealed on January 1, 2002) Sec. 6.2. Inspector General. (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall function within the Department of Human Services and report to the Secretary of Human Services and the Governor. The Inspector General shall investigate reports of suspected abuse or neglect (as those terms are defined in Section 3 of this Act) of patients or residents in any mental health or developmental
211 [May 30, 2001] disabilities facility operated by the Department of Human Services and shall have authority to investigate and take immediate action on reports of abuse or neglect of recipients, whether patients or residents, in any mental health or developmental disabilities facility or program that is licensed or certified by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or that is funded by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) and is not licensed or certified by any agency of the State. At the specific, written request of an agency of the State other than the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities), the Inspector General may cooperate in investigating reports of abuse and neglect of persons with mental illness or persons with developmental disabilities. The Inspector General shall have no supervision over or involvement in routine, programmatic, licensure, or certification operations of the Department of Human Services or any of its funded agencies. The Inspector General shall promulgate rules establishing minimum requirements for reporting allegations of abuse and neglect and initiating, conducting, and completing investigations. The promulgated rules shall clearly set forth that in instances where 2 or more State agencies could investigate an allegation of abuse or neglect, the Inspector General shall not conduct an investigation that is redundant to an investigation conducted by another State agency. The rules shall establish criteria for determining, based upon the nature of the allegation, the appropriate method of investigation, which may include, but need not be limited to, site visits, telephone contacts, or requests for written responses from agencies. The rules shall also clarify how the Office of the Inspector General shall interact with the licensing unit of the Department of Human Services in investigations of allegations of abuse or neglect. Any allegations or investigations of reports made pursuant to this Act shall remain confidential until a final report is completed. The resident or patient who allegedly was abused or neglected and his or her legal guardian shall be informed by the facility or agency of the report of alleged abuse or neglect. Final reports regarding unsubstantiated or unfounded allegations shall remain confidential, except that final reports may be disclosed pursuant to Section 6 of this Act. The Inspector General shall be appointed for a term of 4 years. When the Office of the Inspector General has substantiated a case of abuse or neglect, the Inspector General shall include in the final report any mitigating or aggravating circumstances that were identified during the investigation. Upon determination that a report of neglect is substantiated, the Inspector General shall then determine whether such neglect rises to the level of egregious neglect. (b) The Inspector General shall within 24 hours after receiving a report of suspected abuse or neglect determine whether the evidence indicates that any possible criminal act has been committed. If he determines that a possible criminal act has been committed, or that special expertise is required in the investigation, he shall immediately notify the Department of State Police. The Department of State Police shall investigate any report indicating a possible murder, rape, or other felony. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (b-5) The Inspector General shall make a determination to accept or reject a preliminary report of the investigation of alleged abuse or neglect based on established investigative procedures. Notice of the Inspector General's determination must be given to the person who
[May 30, 2001] 212 claims to be the victim of the abuse or neglect, to the person or persons alleged to have been responsible for abuse or neglect, and to the facility or agency. The facility or agency or the person or persons alleged to have been responsible for the abuse or neglect and the person who claims to be the victim of the abuse or neglect may request clarification or reconsideration based on additional information. For cases where the allegation of abuse or neglect is substantiated, the Inspector General shall require the facility or agency to submit a written response. The written response from a facility or agency shall address in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. (c) The Inspector General shall, within 10 calendar days after the transmittal date of a completed investigation where abuse or neglect is substantiated or administrative action is recommended, provide a complete report on the case to the Secretary of Human Services and to the agency in which the abuse or neglect is alleged to have happened. The complete report shall include a written response from the agency or facility operated by the State to the Inspector General that addresses in a concise and reasoned manner the actions that the agency or facility will take or has taken to protect the resident or patient from abuse or neglect, prevent reoccurrences, and eliminate problems identified and shall include implementation and completion dates for all such action. The Secretary of Human Services shall accept or reject the response and establish how the Department will determine whether the facility or program followed the approved response. The Secretary may require Department personnel to visit the facility or agency for training, technical assistance, programmatic, licensure, or certification purposes. Administrative action, including sanctions, may be applied should the Secretary reject the response or should the facility or agency fail to follow the approved response. The facility or agency shall inform the resident or patient and the legal guardian whether the reported allegation was substantiated, unsubstantiated, or unfounded. There shall be an appeals process for any person or agency that is subject to any action based on a recommendation or recommendations. (d) The Inspector General may recommend to the Departments of Public Health and Human Services sanctions to be imposed against mental health and developmental disabilities facilities under the jurisdiction of the Department of Human Services for the protection of residents, including appointment of on-site monitors or receivers, transfer or relocation of residents, and closure of units. The Inspector General may seek the assistance of the Attorney General or any of the several State's attorneys in imposing such sanctions. (e) The Inspector General shall establish and conduct periodic training programs for Department employees concerning the prevention and reporting of neglect and abuse. (f) The Inspector General shall at all times be granted access to any mental health or developmental disabilities facility operated by the Department, shall establish and conduct unannounced site visits to those facilities at least once annually, and shall be granted access, for the purpose of investigating a report of abuse or neglect, to any facility or program funded by the Department that is subject under the provisions of this Section to investigation by the Inspector General for a report of abuse or neglect. (g) Nothing in this Section shall limit investigations by the Department of Human Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central
213 [May 30, 2001] administrative authority responsible for the operation of State mental health and developmental disability facilities. (g-5) After notice and an opportunity for a hearing that is separate and distinct from the Office of the Inspector General's appeals process as implemented under subsection (c) of this Section, the Inspector General shall report to the Department of Public Health's nurse aide registry under Section 3-206.01 of the Nursing Home Care Act the identity of individuals against whom there has been a substantiated finding of physical or sexual abuse or egregious neglect of a service recipient. Nothing in this subsection shall diminish or impair the rights of a person who is a member of a collective bargaining unit pursuant to the Illinois Public Labor Relations Act or pursuant to any federal labor statute. An individual who is a member of a collective bargaining unit as described above shall not be reported to the Department of Public Health's nurse aide registry until the exhaustion of that individual's grievance and arbitration rights, or until 3 months after the initiation of the grievance process, whichever occurs first, provided that the Department of Human Services' hearing under subsection (c), that is separate and distinct from the Office of the Inspector General's appeals process, has concluded. Notwithstanding anything hereinafter or previously provided, if an action taken by an employer against an individual as a result of the circumstances that led to a finding of physical or sexual abuse or egregious neglect is later overturned under a grievance or arbitration procedure provided for in Section 8 of the Illinois Public Labor Relations Act or under a collective bargaining agreement, the report must be removed from the registry. The Department of Human Services shall promulgate or amend rules as necessary or appropriate to establish procedures for reporting to the registry, including the definition of egregious neglect, procedures for notice to the individual and victim, appeal and hearing procedures, and petition for removal of the report from the registry. The portion of the rules pertaining to hearings shall provide that, at the hearing, both parties may present written and oral evidence. The Department shall be required to establish by a preponderance of the evidence that the Office of the Inspector General's finding of physical or sexual abuse or egregious neglect warrants reporting to the Department of Public Health's nurse aide registry under Section 3-206.01 of the Nursing Home Care Act. Notice to the individual shall include a clear and concise statement of the grounds on which the report to the registry is based and notice of the opportunity for a hearing to contest the report. The Department of Human Services shall provide the notice by certified mail to the last known address of the individual. The notice shall give the individual an opportunity to contest the report in a hearing before the Department of Human Services or to submit a written response to the findings instead of requesting a hearing. If the individual does not request a hearing or if after notice and a hearing the Department of Human Services finds that the report is valid, the finding shall be included as part of the registry, as well as a brief statement from the reported individual if he or she chooses to make a statement. The Department of Public Health shall make available to the public information reported to the registry. In a case of inquiries concerning an individual listed in the registry, any information disclosed concerning a finding of abuse or neglect shall also include disclosure of the individual's brief statement in the registry relating to the reported finding or include a clear and accurate summary of the statement. At any time after the report of the registry, an individual may
[May 30, 2001] 214 petition the Department of Human Services for removal from the registry of the finding against him or her. Upon receipt of such a petition, the Department of Human Services shall conduct an investigation and hearing on the petition. Upon completion of the investigation and hearing, the Department of Human Services shall report the removal of the finding to the registry unless the Department of Human Services determines that removal is not in the public interest. (h) This Section is repealed on January 1, 2002. (Source: P.A. 90-252, eff. 7-29-97; 90-512, eff. 8-22-97; 90-655, eff. 7-30-98; 91-169, eff. 7-16-99.) Section 15. The Nursing Home Care Act is amended by changing Section 3-206.1 as follows: (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01) Sec. 3-206.01. Nurse aide registry. (a) The Department shall establish and maintain a registry of all individuals who have satisfactorily completed the training required by Section 3-206. The registry shall include the name of the nursing assistant, habilitation aide, or child care aide, his or her current address, Social Security number, and the date and location of the training course completed by the individual, and the date of the individual's last criminal records check. Any individual placed on the registry is required to inform the Department of any change of address within 30 days. A facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide unless the facility has inquired of the Department as to information in the registry concerning the individual and shall not employ anyone not on the registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3-206 of this Act. If the Department finds that a nursing assistant, habilitation aide, or child care aide has abused a resident, neglected a resident, or misappropriated resident property in a facility, the Department shall notify the individual of this finding by certified mail sent to the address contained in the registry. The notice shall give the individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. If, after a hearing or if the individual does not request a hearing, the Department finds that the individual abused a resident, neglected a resident, or misappropriated resident property in a facility, the finding shall be included as part of the registry as well as a brief statement from the individual, if he or she chooses to make such a statement. The Department shall make information in the registry available to the public. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of the statement. (b) The Department shall add to the nurse aide registry records of findings as reported by the Inspector General or remove from the nurse aide registry records of findings as reported by the Department of Human Services, under Section 6.2 of the Abuse and Neglected Long Term Care Facility Residents Reporting Act. (Source: P.A. 91-598, eff. 1-1-00.) Section 99. Effective date. This Act takes effect on January 1, 2002.". 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 advanced to the order of
215 [May 30, 2001] 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 Bellock, SENATE BILL 1504 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 32) 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 994. Having been read by title a second time on May 15, 2001, and held on the order of Second Reading, the same was again taken up. Representative Poe offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO SENATE BILL 994 AMENDMENT NO. 1. Amend Senate Bill 994 replacing everything after the enacting clause with the following: "Section 1. Short title. This Act may be cited as the Illinois AgriFIRST Program Act of 2001. Section 5. Definitions. In this Act: "Agribusiness" means any sole proprietorship, limited partnership, co-partnership, joint venture, corporation, or cooperative that operates or will operate a facility located within the State of Illinois that is related to the processing of agricultural commodities (including, but not limited to, the products of aquaculture, hydroponics, and silviculture) or the manufacturing, production, or construction of agricultural buildings, structures, equipment, implements, and supplies, or any other facilities or processes used in agricultural production. "Agribusiness" includes but is not limited to the following: (1) grain handling and processing, including grain storage, drying, treatment, conditioning, milling, and packaging; (2) seed and feed grain development and processing; (3) fruit and vegetable processing, including preparation, canning, and packaging; (4) processing of livestock and livestock products, dairy products, poultry and poultry products, fish or apiarian products, including slaughter, shearing, collecting, preparation, canning, and packaging; (5) fertilizer and agricultural chemical manufacturing, processing, application and supplying; (6) farm machinery, equipment, and implement manufacturing and supplying; (7) manufacturing and supplying of agricultural commodity
[May 30, 2001] 216 processing machinery and equipment, including machinery and equipment used in slaughter, treatment, handling, collecting, preparation, canning, or packaging of agricultural commodities; (8) farm building and farm structure manufacturing, construction, and supplying; (9) construction, manufacturing, implementation, supplying, or servicing of irrigation, drainage, and soil and water conservation devices or equipment; (10) fuel processing and development facilities that produce fuel from agricultural commodities or by-products; (11) facilities and equipment for processing and packaging agricultural commodities specifically for export; (12) facilities and equipment for forestry product processing and supplying, including sawmilling operations, wood chip operations, timber harvesting operations, and manufacturing of prefabricated buildings, paper, furniture, or other goods from forestry products; and (13) facilities and equipment for research and development of products, processes, and equipment for the production, processing, preparation, or packaging of agricultural commodities and by-products. "Agricultural facility" means land, any building or other improvement on or to land, and any personal properties deemed necessary or suitable for use, whether or not now in existence, in farming, ranching, the production of agricultural commodities (including, but not limited to, the products of aquaculture, hydroponics, and silviculture) or the treating, processing, or storing of agricultural commodities. "Agricultural land" means land suitable for agriculture production. "Asset" includes, but is not limited to, the following: cash crops or feed on hand; livestock held for sale; breeding stock; marketable bonds and securities; securities not readily marketable; accounts receivable; notes receivable; cash invested in growing crops; net cash value of life insurance; machinery and equipment; cars and trucks; farm and other real estate including life estates and personal residence; value of beneficial interest in trusts; government payments or grants; and any other assets. "Department" means the Department of Agriculture. "Director" means the Director of Agriculture. "Fund" means the Illinois AgriFIRST Program Fund. "Grantee" mean the person or entity to whom a grant is made to from the Fund. "Lender" means any federal or State chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company, or any other institution qualified within this State to originate and service loans, including, but not limited to, insurance companies, credit unions, and mortgage loan companies. "Lender" includes a wholly owned subsidiary of a manufacturer, seller or distributor of goods or services that makes loans to businesses or individuals, commonly known as a "captive finance company". "Liability" includes, but is not limited to, the following: accounts payable; notes or other indebtedness owed to any source; taxes; rent; amounts owed on real estate contracts or real estate mortgages; judgments; accrued interest payable; and any other liability. "Person" means, unless limited to a natural person by the context in which it is used, a person, corporation, association, trust, partnership, limited partnership, joint venture, or cooperative.
217 [May 30, 2001] "State" means the State of Illinois. "Value-added" means the processing, packaging, or otherwise enhancing the value of farm and agricultural products or by-products produced in Illinois. Section 10. Legislative findings. (a) The General Assembly finds that in this State the following conditions exist: (1) There exists an inadequate supply of funds at interest rates sufficiently low to enable persons engaged in agriculture in this State to pursue agricultural or agribusiness operations at present levels. (2) The inability to pursue agricultural operations lessens the supply of agricultural commodities available to fulfill the needs of the citizens of this State. (3) The inability to continue operations decreases available employment in the agricultural sector of the State and results in unemployment and its attendant problems. (4) These conditions prevent the acquisition of an adequate capital stock of farm equipment and machinery, much of which is manufactured in this State, therefore impairing the productivity of agricultural land and causing unemployment or lack of appropriate increase in employment in that manufacturing. (5) These conditions are conducive to consolidation of acreage of agricultural land with fewer individuals living and farming on the traditional family farm. (6) These conditions result in a loss in population, unemployment, and movement of persons from rural to urban areas accompanied by added costs to communities for creation of new public facilities and services. (7) There have been recurrent shortages of funds from private market sources at reasonable rates of interest. (8) The ordinary operations of private enterprise have not in the past corrected these conditions. (9) There is a need for value-added products and processing in this State. (10) A stable supply of adequate funds for agricultural financing is required to encourage family farmers and agribusiness in an orderly and sustained manner and to reduce the problems described in this Section. (b) The General Assembly determines and declares that there exist conditions in the State that require the Department to issue grants on behalf of the State for the acquisition and development of agricultural facilities and value-added products and processing. Section 15. Illinois AgriFIRST Program Requirements. (a) The Department shall review grant requests for the Illinois AgriFIRST Grant Program that are submitted to the Department. The Department, in reviewing the applications, must consider, but is not limited to considering the following criteria: (1) The project has a reasonable assurance of enhancing the value of agricultural products or will expand agribusiness in Illinois. (2) Preliminary market and feasibility research has been conducted by the applicant or others and there is a reasonable assurance of a potential market. (3) The applicant has demonstrated the ability to manage the business or commercialize the idea. (4) There is favorable community support for the project. (5) There are favorable recommendations from local economic development groups, university-based technical specialists, or other qualified service providers.
[May 30, 2001] 218 (6) The applicant demonstrates a personal commitment and a commercialization development plan. (7) There is an adequate and realistic budget projection. (8) The application meets the eligibility requirements and the project costs are eligible under this Act. (9) The applicant has established a need for the grant. (10) The economic impact of the project on the state's agriculture and agribusiness sector. (b) The Department may impose additional or lesser requirements for the grant. Preference for grants shall be given to, but is not limited to, the following: (1) Proposals for industrial and nonfood production processes using Illinois agricultural products. (2) Proposals for food, feed, and fiber products that use Illinois agricultural products and add to the value of Illinois agricultural products. (3) Research proposals that have not been duplicated by other research efforts. (4) Proposals that demonstrate that the applicant has invested his or her own funds, time, and or other valued consideration in the project. (5) Proposals that are reasonably expected to result in a viable commercial application. (6) Proposals that have a positive economic impact on the State's agriculture and agribusiness sector. Section 20. Report. The Director must file with the Governor, the State Treasurer, the Secretary of the Senate, and the Clerk of the House of Representatives, by March 1 of each year, a written report covering the activities of the Department for the previous calendar year. The report is a public record and must be available for inspection at the offices of the Department during normal business hours. The report must include a complete list of (i) all applications for grants under the Illinois AgriFIRST Grant Program during the calendar year; (ii) all persons that have received any form of financial assistance from the Department during the calendar year; and (iii) the nature and amount of all financial assistance. Section 25. Powers of the Department. The Department has the following powers, together with all powers incidental to or necessary for the discharge of those powers: (1) To grant its moneys to one or more persons to be used by those persons to pay the costs of technical assistance and feasibility studies and acquiring, constructing, reconstructing, or improving agricultural facilities for the purpose of adding value to Illinois agricultural commodities. Grants must be on any terms and conditions that the Department determines. (2) To grant its moneys to any agribusiness which operates or will operate a facility located in Illinois for the purposes of adding value to Illinois agricultural commodities. Grants must be on any terms and conditions as the Department requires. (3) To contract with lenders or others for the origination of or the servicing of the grants made by the Department. (4) To receive and accept, from any source, aid or contributions of money, property, labor, or other items of value for furtherance of any of its purposes, subject to any conditions not inconsistent with this Act or the laws of this State pertaining to the contributions, including, but not limited to, gifts, guarantees, or grants from any department, agency, or instrumentality of the United States of America. (5) To collect any fees and charges in connection with its grants, advances, servicing, and other activities that it
219 [May 30, 2001] determines. (6) To appoint, employ, contract with, and provide for the compensation of any employees and agents, including, but not limited to, engineers, attorneys, management consultants, fiscal advisers, and agricultural, silvicultural, and aquacultural experts, that business of the Department requires. (7) To make, enter into, and execute any contracts, agreements, and other instruments with any person, including but not limited to, any federal, State, or local governmental agency and to take any other actions that may be necessary or convenient to accomplish any purpose for which this authority was granted to the Department or to exercise any power expressly granted under this Act. (8) To establish funds for financial surety and escrow accounts. (9) To adopt any necessary rules that are consistent with this Act. Section 30. Liability. The Director, any Department employee, or any authorized person executing grants is not personally liable on the grants and is not subject to any personal liability or accountability by reason of the issuance of the grants. Section 35. Illinois AgriFIRST Program. (a) The Department must develop and administer an Illinois AgriFIRST Program to enhance the value of Illinois agriculture products or by-products through grants to current and potential processors. Qualifying persons and agribusinesses must be located in Illinois and must process, package, or otherwise enhance the value of farm products or by-products produced in Illinois. The recipient of a grant under this Section must provide a minimum percentage, as determined by the Department, of the total cost of the processing project, with the balance of the project's total cost available from other sources. Other sources include, but are not limited to, commercial and private lenders, leasing companies, and grants. The recipient's match may be in cash, cash-equivalent investments, or bonds, irrevocable letters of credit, or any combination thereof. A grant under this Section may provide (i) up to 75% of the cost for technical assistance to develop a project to enhance the value of agricultural products or to expand agribusiness in Illinois but not to exceed $25,000, (ii) up to 50% of the cost of undertaking feasibility studies, competitive assessments, and consulting or productivity services that the Department determines may result in the enhancement of value-added agricultural products, and (iii) on and after July 1, 2003, up to 10% of the project's total capital construction cost not to exceed $5,000,000, including, but not limited to, (A) purchasing land, (B) purchasing, constructing, or refurbishing buildings, (C) purchasing or refurbishing machinery or equipment, (D) installation, (E) repairs, (F) labor, and (G) working capital. Notwithstanding any other provision of this Section, the grant moneys may not be used for the purpose of compliance with the provisions of the Livestock Management Facilities Act. Grant applications must be made on forms provided by and in accordance with procedures established by the Department. At a minimum, an applicant must be an Illinois resident, as defined by Department rule, and must provide the names, addresses, and occupations of all project owners, the project address, relevant credit and financial information (including, but not limited to, assets and liabilities), and any other information deemed necessary by the Department for review of the grant application. (b) All requests for the waiver of any requirements in this Section must be made in writing to the Department. A grant award is
[May 30, 2001] 220 subject to modification or alteration under, but is not limited to, the following conditions: (1) The grant award is subject to any modifications that may be required by changes in State law or regulations. The Department shall notify the recipient in writing of any amendment to the regulations and the effective date of those amendments. (2) If either the Department or the recipient requests to modify the terms of the grant award other than as set forth in paragraph (1), written notice of the proposed modification shall be given to the other party. No modification shall take effect unless agreed to in writing by both the Department and the recipient. (c) The Illinois AgriFIRST Program Fund is created as a special appropriated fund within the State treasury. Appropriations and moneys from any public or private source may be deposited into the Fund. The Fund shall be used for the purposes of the Illinois AgriFIRST Program Act of 2001. Repayments of grants made under this Section shall be deposited into the Fund. Section 40. Project reporting. The grantee of a funded project shall submit to the Department periodic reports, as specified in the grant agreement, outlining progress, timeline, and budget compliance. Deviations from the agreement may result in the withholding of further funding or in a grant default. A final written report, describing the work performed, results obtained, and economic impact is required within 30 days after a project is completed. The grantee shall also provide a financial report and return any unused funds to the Department consistent with the Illinois Grant Funds Recovery Act. Grantees may be required to submit to the Department the following information: employment reports, federal tax returns or financial statements, and other information as requested by the Department where economic or business conditions may be necessary to determine conformance with grant conditions. The Department may require the financial statements be compiled, reviewed, or audited by an independent accountant at the expense of the grantee at any time for 3 years following the completion of the grant. Section 45. Certification. The Department may develop and implement organic, identity preserved, and value-added certification processes and programs that guarantee a buyer that the certified Illinois products have traits and qualities that warrant a premium price or an increase in added value. The Department may adopt rules setting certification and licensing standards for persons to certify products under this Section. Section 50. Market access. The Department may (i) identify international and domestic consumer preferences, (ii) identify the new markets those preferences indicate, particularly for value-added products, (iii) identify preserved products, (iv) underwrite demonstrations on foreign soils, and (v) provide market analyses and trend projections to farmers and other interested persons. Section 55. Default or termination of grant agreement. If the recipient of a grant violates any of the terms of the grant agreement, the Department shall send a writing notice to the recipient that he or she is in default and be given the opportunity to correct the violations. (a) If the violation is not corrected within 10 days after receipt of the notification, the Director may take, but is not limited to, one or more of the following actions: (1) Declare due and payable the amount of the grant and cease additional grant payments not yet made to the grantee. (2) Take any other action considered appropriate to protect the interest of the project. (b) The Department may determine that a recipient has failed to
221 [May 30, 2001] faithfully perform the terms and conditions of the scope of work of the project when: (1) The Department has notified the recipient in writing of the existence of circumstances such as repeated failure to submit required reports, misapplication of grant funds, failure to match Department funds, evidence of fraud and abuse, repeated failure to meet performance timelines or standards, or failure to resolve negotiated points of the agreement. (2) The recipient fails to develop and implement a corrective action plan within 30 calendar days of the Department's notice. (c) A grant may be terminated under, but termination is not limited to, any of the following circumstances: (1) In the absence of State funding for a specific year, all grants that year will be terminated in full. In the event of a partial loss of State funding, the Department may make proportionate cuts to all recipients. (2) If the Department determines that the recipient has failed to comply with the terms and conditions of the grant agreement, the Department may terminate the grant in whole, or in part, at any time before the date of completion. (3) The Department may terminate the grant in whole, or in part, when the Department determines that the continuation of the project would not produce beneficial results commensurate with the further expenditures of funds. (4) The recipient may refuse or elect not to complete the grant agreement and terminate the grant. The recipient shall notify the Department within 10 days after the date upon which performance ceases. The Department may declare due and payable the amount of the grant and may cease additional grant payments not yet made to the grantee. (d) Any money collected from the default or termination of a grant shall be placed into the Fund and expended for the purposes of this Act. Section 60. State agriculture planning agency. The Department is the State agriculture planning agency. The Department may accept and use planning grants or other financial assistance from the federal government (i) for statewide comprehensive planning work, including research and coordination activity directly related to agriculture needs; and (ii) for State and interstate comprehensive planning and research and coordination activity related to that planning. All such grants shall be subject to the terms and conditions prescribed by the federal government. Section 65. Construction. This Act is necessary for the welfare of this State and must be liberally construed to effect its purposes. Section 805. The State Finance Act is amended by adding Section 5.545 as follows: (30 ILCS 105/5.545 new) Sec. 5.545. The Illinois AgriFIRST Program Fund. (20 ILCS 205/40.43 rep.) Section 810. The Department of Agriculture Law of the Civil Administrative Code of Illinois is amended by repealing Section 40.43 as added by Public Act 91-560. Section 999. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 1 was adopted and the bill, as amended, was advanced to the order of
[May 30, 2001] 222 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 Poe, SENATE BILL 994 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: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 33) 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 1171. Having been read by title a second time on May 16, 2001, and held on the order of Second Reading, the same was again taken up. The following amendments were offered in the Committee on Revenue, adopted and printed. AMENDMENT NO. 1 TO SENATE BILL 1171 AMENDMENT NO. 1. Amend Senate Bill 1171 by replacing the title with the following: "AN ACT concerning local governments."; and by replacing everything after the enacting clause with the following: "Section 5. The Local Government Debt Reform Act is amended by changing Sections 3, 15, and 15.01 as follows: (30 ILCS 350/3) (from Ch. 17, par. 6903) Sec. 3. Definitions. In this Act words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended. (a) "Alternate bonds" means bonds issued in lieu of revenue bonds or payable from a revenue source as provided in Section 15. (b) "Applicable law" means any provision of law, including this Act, authorizing governmental units to issue bonds. (c) "Backdoor referendum" means the submission of a public question to the voters of a governmental unit, initiated by a petition of voters, residents or property owners of such governmental unit, to determine whether an action by the governing body of such governmental unit shall be effective, adopted or rejected. (d) "Bond" means any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including without limitation, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness. (e) "Debt service" on bonds means the amount of principal, interest and premium, if any, when due either at stated maturity or upon mandatory redemption. (f) "Enterprise revenues" means the revenues of a utility or revenue producing enterprise from which revenue bonds may be payable.
223 [May 30, 2001] (g) "General obligation bonds" means bonds of a governmental unit for the payment of which the governmental unit is empowered to levy ad valorem property taxes upon all taxable property in a governmental unit without limitation as to rate or amount. (h) "Governing body" means the legislative body, council, board, commission, trustees, or any other body, by whatever name it is known, having charge of the corporate affairs of a governmental unit. (i) "Governmental unit" means a county, township, municipality, municipal corporation, unit of local government, school district, special district, public corporation, body corporate and politic, forest preserve district, fire protection district, conservation district, park district, sanitary district, and all other local governmental agencies, including any entity created by intergovernmental agreement among any of the foregoing governmental units, but does not include any office, officer, department, division, bureau, board, commission, university, or similar agency of the State. (j) "Ordinance" means an ordinance duly adopted by a governing body or, if appropriate under applicable law, a resolution so adopted. (k) "Revenue bonds" means any bonds of a governmental unit other than general obligation bonds, but "revenue bonds" does include any debt authorized under Section 11-29.3-1 of the Illinois Municipal Code. (l) "Revenue source" means a source of funds, other than enterprise revenues, received or available to be received by a governmental unit and available for any one or more of its corporate purposes, including any public building commission lease rental base alternate tax levy. (m) "Limited bonds" means bonds, including public building commission leases, but excluding other leases, notes, installment or financing contracts, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness, issued under Section 15.01 of this Act. (n) "Public building commission lease rental base" means that term as defined in the Property Tax Extension Limitation Law. (o) "Public building commission lease rental base alternate tax levy" means a special purpose levy authorized to be levied by a governmental unit for the payment of alternate bonds as a revenue source, which levy may be in an annual amount not in excess of the public building commission lease rental base less the amount of that base levied for the payment of lease rentals under a public building commission lease. (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.) (30 ILCS 350/15) (from Ch. 17, par. 6915) Sec. 15. Double-barrelled bonds. Whenever revenue bonds have been authorized to be issued pursuant to applicable law or whenever there exists for a governmental unit a revenue source, the procedures set forth in this Section may be used by a governing body. General obligation bonds may be issued in lieu of such revenue bonds as authorized, and general obligation bonds may be issued payable from any revenue source. Such general obligation bonds may be referred to as "alternate bonds". Alternate bonds may be issued without any referendum or backdoor referendum except as provided in this Section, upon the terms provided in Section 10 of this Act without reference to other provisions of law, but only upon the conditions provided in this Section. Alternate bonds shall not be regarded as or included in any computation of indebtedness for the purpose of any statutory provision or limitation except as expressly provided in this Section. Such conditions are: (a) Alternate bonds shall be issued for a lawful corporate purpose. If issued in lieu of revenue bonds, alternate bonds shall be issued for the purposes for which such revenue bonds shall have been
[May 30, 2001] 224 authorized. If issued payable from a revenue source in the manner hereinafter provided, which revenue source is limited in its purposes or applications, then the alternate bonds shall be issued only for such limited purposes or applications. Alternate bonds may be issued payable from either enterprise revenues or revenue sources, or both. As a revenue source for alternate bonds, any governmental unit having a public building commission lease rental base is hereby authorized to levy a public building commission lease rental base alternate tax levy. Alternate bonds supported by the levy may be issued pursuant to the provisions of this Section for any lawful corporate purpose of the unit of local government. (b) Alternate bonds shall be subject to backdoor referendum. The provisions of Section 5 of this Act shall apply to such backdoor referendum, together with the provisions hereof. The authorizing ordinance shall be published in a newspaper of general circulation in the governmental unit. Along with or as part of the authorizing ordinance, there shall be published a notice of (1) the specific number of voters required to sign a petition requesting that the issuance of the alternate bonds be submitted to referendum, (2) the time when such petition must be filed, (3) the date of the prospective referendum, and (4), with respect to authorizing ordinances adopted on or after January 1, 1991, a statement that identifies any revenue source that will be used to pay the principal of and interest on the alternate bonds. The clerk or secretary of the governmental unit shall make a petition form available to anyone requesting one. If no petition is filed with the clerk or secretary within 30 days of publication of the authorizing ordinance and notice, the alternate bonds shall be authorized to be issued. But if within this 30 days period, a petition is filed with such clerk or secretary signed by electors numbering the greater of (i) 7.5% of the registered voters in the governmental unit or (ii) 200 of those registered voters or 15% of those registered voters, whichever is less, asking that the issuance of such alternate bonds be submitted to referendum, the clerk or secretary shall certify such question for submission at an election held in accordance with the general election law. The question on the ballot shall include a statement of any revenue source that will be used to pay the principal of and interest on the alternate bonds. The alternate bonds shall be authorized to be issued if a majority of the votes cast on the question at such election are in favor thereof provided that notice of the bond referendum, if held before July 1, 1999, has been given in accordance with the provisions of Section 12-5 of the Election Code in effect at the time of the bond referendum, at least 10 and not more than 45 days before the date of the election, notwithstanding the time for publication otherwise imposed by Section 12-5. Notices required in connection with the submission of public questions on or after July 1, 1999 shall be as set forth in Section 12-5 of the Election Code. Backdoor referendum proceedings for bonds and alternate bonds to be issued in lieu of such bonds may be conducted at the same time. (c) To the extent payable from enterprise revenues, such revenues shall have been determined by the governing body to be sufficient to provide for or pay in each year to final maturity of such alternate bonds all of the following: (1) costs of operation and maintenance of the utility or enterprise, but not including depreciation, (2) debt service on all outstanding revenue bonds payable from such enterprise revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from such enterprise revenues, and (5) in each year, an amount not less than 1.25 times debt service of all (i) alternate bonds payable from such enterprise revenues previously issued and outstanding and (ii)
225 [May 30, 2001] alternate bonds proposed to be issued. To the extent payable from one or more revenue sources, such sources shall have been determined by the governing body to provide in each year, an amount not less than 1.25 times debt service of all alternate bonds payable from such revenue sources previously issued and outstanding and alternate bonds proposed to be issued. The conditions enumerated in this subsection (c) need not be met for that amount of debt service provided for by the setting aside of proceeds of bonds or other moneys at the time of the delivery of such bonds. (c-1) In the case of alternate bonds issued as variable rate bonds (including refunding bonds), debt service shall be projected based on the rate for the most recent date shown in the 20 G.O. Bond Index of average municipal bond yields as published in the most recent edition of The Bond Buyer published in New York, New York (or any successor publication or index, or if such publication or index is no longer published, then any index of long-term municipal tax-exempt bond yields selected by the governmental unit), as of the date of determination referred to in subsection (c) of this Section. Any interest or fees that may be payable to the provider of a letter of credit, line of credit, surety bond, bond insurance, or other credit enhancement relating to such alternate bonds and any fees that may be payable to any remarketing agent need not be taken into account for purposes of such projection. If the governmental unit enters into an agreement in connection with such alternate bonds at the time of issuance thereof pursuant to which the governmental unit agrees for a specified period of time to pay an amount calculated at an agreed-upon rate or index based on a notional amount and the other party agrees to pay the governmental unit an amount calculated at an agreed-upon rate or index based on such notional amount, interest shall be projected for such specified period of time on the basis of the agreed-upon rate payable by the governmental unit. (d) The determination of the sufficiency of enterprise revenues or a revenue source, as applicable, shall be supported by reference to the most recent audit of the governmental unit, which shall be for a fiscal year ending not earlier than 18 months previous to the time of issuance of the alternate bonds. If such audit does not adequately show such enterprise revenues or revenue source, as applicable, or if such enterprise revenues or revenue source, as applicable, are shown to be insufficient, then the determination of sufficiency shall be supported by the report of an independent accountant or feasibility analyst, the latter having a national reputation for expertise in such matters, demonstrating the sufficiency of such revenues and explaining, if appropriate, by what means the revenues will be greater than as shown in the audit. Whenever such sufficiency is demonstrated by reference to a schedule of higher rates or charges for enterprise revenues or a higher tax imposition for a revenue source, such higher rates, charges or taxes shall have been properly imposed by an ordinance adopted prior to the time of delivery of alternate bonds. The reference to and acceptance of an audit or report, as the case may be, and the determination of the governing body as to sufficiency of enterprise revenues or a revenue source shall be conclusive evidence that the conditions of this Section have been met and that the alternate bonds are valid. (e) The enterprise revenues or revenue source, as applicable, shall be in fact pledged to the payment of the alternate bonds; and the governing body shall covenant, to the extent it is empowered to do so, to provide for, collect and apply such enterprise revenues or revenue source, as applicable, to the payment of the alternate bonds and the provision of not less than an additional .25 times debt service. The pledge and establishment of rates or charges for enterprise revenues,
[May 30, 2001] 226 or the imposition of taxes in a given rate or amount, as provided in this Section for alternate bonds, shall constitute a continuing obligation of the governmental unit with respect to such establishment or imposition and a continuing appropriation of the amounts received. All covenants relating to alternate bonds and the conditions and obligations imposed by this Section are enforceable by any bondholder of alternate bonds affected, any taxpayer of the governmental unit, and the People of the State of Illinois acting through the Attorney General or any designee, and in the event that any such action results in an order finding that the governmental unit has not properly set rates or charges or imposed taxes to the extent it is empowered to do so or collected and applied enterprise revenues or any revenue source, as applicable, as required by this Act, the plaintiff in any such action shall be awarded reasonable attorney's fees. The intent is that such enterprise revenues or revenue source, as applicable, shall be sufficient and shall be applied to the payment of debt service on such alternate bonds so that taxes need not be levied, or if levied need not be extended, for such payment. Nothing in this Section shall inhibit or restrict the authority of a governing body to determine the lien priority of any bonds, including alternate bonds, which may be issued with respect to any enterprise revenues or revenue source. In the event that alternate bonds shall have been issued and taxes, other than a designated revenue source, shall have been extended pursuant to the general obligation, full faith and credit promise supporting such alternate bonds, then the amount of such alternate bonds then outstanding shall be included in the computation of indebtedness of the governmental unit for purposes of all statutory provisions or limitations until such time as an audit of the governmental unit shall show that the alternate bonds have been paid from the enterprise revenues or revenue source, as applicable, pledged thereto for a complete fiscal year. Alternate bonds may be issued to refund or advance refund alternate bonds without meeting any of the conditions set forth in this Section, except that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds. Once issued, alternate bonds shall be and forever remain until paid or defeased the general obligation of the governmental unit, for the payment of which its full faith and credit are pledged, and shall be payable from the levy of taxes as is provided in this Act for general obligation bonds. The changes made by this amendatory Act of 1990 do not affect the validity of bonds authorized before September 1, 1990. (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99; 91-493, eff. 8-13-99; 91-868, eff. 6-22-00.) (30 ILCS 350/15.01) Sec. 15.01. Limited bonds. A governmental unit is authorized to issue limited bonds payable from the debt service extension base or the public building commission lease rental base, or both, as defined in the Property Tax Extension Limitation Law, as provided in this amendatory Act of 1995. Bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium or museum projects shall not be issued as limited bonds. A governmental unit issuing limited bonds authorized by this Section shall provide in the bond ordinance that the bonds are issued as limited bonds and are also issued pursuant to applicable law, other than this amendatory Act of 1995, enabling the governmental unit to issue bonds. This amendatory Act of 1995 shall not change the rate, amount, purposes, limitations, source of funds for payment of principal or interest, or method of
227 [May 30, 2001] payment or defeasance of the bonds that a governmental unit may issue under any applicable law; provided, that limited bonds that are otherwise to be issued as general obligation bonds may be payable solely from the debt service extension base or public building commission lease rental base, or both. This amendatory Act of 1995 provides no additional authority to any governmental unit to issue bonds that the governmental unit is not otherwise authorized to issue by a law other than this amendatory Act of 1995. (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.) Section 10. The Property Tax Code is amended by changing Section 18-185 as follows: (35 ILCS 200/18-185) Sec. 18-185. Short title; definitions. This Division 5 may be cited as the Property Tax Extension Limitation Law. As used in this Division 5: "Consumer Price Index" means the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor. "Extension limitation" means (a) the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (b) the rate of increase approved by voters under Section 18-205. "Affected county" means a county of 3,000,000 or more inhabitants or a county contiguous to a county of 3,000,000 or more inhabitants. "Taxing district" has the same meaning provided in Section 1-150, except as otherwise provided in this Section. For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule taxing district having the majority of its 1990 equalized assessed value within any county or counties contiguous to a county with 3,000,000 or more inhabitants. Beginning with the 1995 levy year, "taxing district" includes only each non-home rule taxing district subject to this Law before the 1995 levy year and each non-home rule taxing district not subject to this Law before the 1995 levy year having the majority of its 1994 equalized assessed value in an affected county or counties. Beginning with the levy year in which this Law becomes applicable to a taxing district as provided in Section 18-213, "taxing district" also includes those taxing districts made subject to this Law as provided in Section 18-213. "Aggregate extension" for taxing districts to which this Law applied before the 1995 levy year means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before October 1, 1991; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before October 1, 1991; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after October 1, 1991 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before October 1, 1991 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before October 1, 1991, to pay for the building project, including
[May 30, 2001] 228 leases between a public building commission and a community college district in a county with a population not less than 300,000 and not more than 400,000 that are amended under subsection (n) of Section 14 of the Public Building Commission Act; (g) made for payments due under installment contracts entered into before October 1, 1991; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (h-5) made for stormwater management purposes by the Metropolitan Water Reclamation District of Greater Chicago under Section 12 of the Metropolitan Water Reclamation District Act; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), (e), and (h) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum, plus an amount not to exceed the public building commission lease rental base less the amount (deductible only from the public building commission lease rental base and not from the debt service extension base) in item (f) of this definition for lease payments; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act, including the public building commission lease rental base alternate tax levy allocable to those payments; and (k) made by a school district that participates in the Special Education District of Lake County, created by special education joint agreement under Section 10-22.31 of the School Code, for payment of the school district's share of the amounts required to be contributed by the Special Education District of Lake County to the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code; the amount of any extension under this item (k) shall be certified by the school district to the county clerk. "Aggregate extension" for the taxing districts to which this Law did not apply before the 1995 levy year (except taxing districts subject to this Law in accordance with Section 18-213) means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before March 1, 1995; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before March 1, 1995; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after March 1, 1995 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before March 1, 1995 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before March 1, 1995 to pay for the building project; (g) made for payments due under installment contracts entered into before March 1, 1995; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b),
229 [May 30, 2001] (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum and bonds described in subsection (h) of this definition; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; (k) made for payments of principal and interest on bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium or museum projects; and (l) made for payments of principal and interest on bonds authorized by Public Act 87-1191 and issued under Section 42 of the Cook County Forest Preserve District Act for zoological park projects. "Aggregate extension" for all taxing districts to which this Law applies in accordance with Section 18-213, except for those taxing districts subject to paragraph (2) of subsection (e) of Section 18-213, means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after the date on which the referendum making this Law applicable to the taxing district is held if the bonds were approved by referendum after the date on which the referendum making this Law applicable to the taxing district is held; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the date on which the referendum making this Law applicable to the taxing district is held for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the date on which the referendum making this Law applicable to the taxing district is held to pay for the building project; (g) made for payments due under installment contracts entered into before the date on which the referendum making this Law applicable to the taxing district is held; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Aggregate extension" for all taxing districts to which this Law applies in accordance with paragraph (2) of subsection (e) of Section 18-213 means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing
[May 30, 2001] 230 district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the effective date of this amendatory Act of 1997; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the effective date of this amendatory Act of 1997; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after the effective date of this amendatory Act of 1997 if the bonds were approved by referendum after the effective date of this amendatory Act of 1997; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the effective date of this amendatory Act of 1997 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the effective date of this amendatory Act of 1997 to pay for the building project; (g) made for payments due under installment contracts entered into before the effective date of this amendatory Act of 1997; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Debt service extension base" means an amount equal to that portion of the extension for a taxing district for the 1994 levy year, or for those taxing districts subject to this Law in accordance with Section 18-213, except for those subject to paragraph (2) of subsection (e) of Section 18-213, for the levy year in which the referendum making this Law applicable to the taxing district is held, or for those taxing districts subject to this Law in accordance with paragraph (2) of subsection (e) of Section 18-213 for the 1996 levy year, constituting an extension for payment of principal and interest on bonds issued by the taxing district without referendum, but not including excluded non-referendum bonds. For park districts (i) that were first subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy year for the payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds) was less than 51% of the amount for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds), "debt service extension base" means an amount equal to that portion of the extension for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds). The debt service extension base may be established or increased as provided under Section 18-212. "Excluded
231 [May 30, 2001] non-referendum bonds" means (i) bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium and museum projects; (ii) bonds issued under Section 15 of the Local Government Debt Reform Act; and
[May 30, 2001] 232 Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, by an amount equal to the 1994 equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. In the first year after a municipality removes a taxable lot, block, tract, or parcel of real property from a redevelopment project area established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, the Industrial Jobs Recovery Law in the Illinois Municipal Code, or the Economic Development Area Tax Increment Allocation Act, "recovered tax increment value" means the amount of the current year's equalized assessed value of each taxable lot, block, tract, or parcel of real property removed from the redevelopment project area over and above the initial equalized assessed value of that real property before removal from the redevelopment project area. Except as otherwise provided in this Section, "limiting rate" means a fraction the numerator of which is the last preceding aggregate extension base times an amount equal to one plus the extension limitation defined in this Section and the denominator of which is the current year's equalized assessed value of all real property in the territory under the jurisdiction of the taxing district during the prior levy year. For those taxing districts that reduced their aggregate extension for the last preceding levy year, the highest aggregate extension in any of the last 3 preceding levy years shall be used for the purpose of computing the limiting rate. The denominator shall not include new property. The denominator shall not include the recovered tax increment value. (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) Section 15. The Public Building Commission Act is amended by changing Sections 3, 14, and 18 as follows: (50 ILCS 20/3) (from Ch. 85, par. 1033) Sec. 3. The following terms, wherever used, or referred to in this Act, mean unless the context clearly requires a different meaning: (a) "Commission" means a Public Building Commission created pursuant to this Act. (b) "Commissioner" or "Commissioners" means a Commissioner or Commissioners of a Public Building Commission. (c) "County seat" means a city, village or town which is the county seat of a county. (d) "Municipality" means any city, village or incorporated town of the State of Illinois. (e) "Municipal corporation" includes a county, city, village, town, (including a county seat), park district, school district in a county of 3,000,000 or more population, board of education of a school district in a county of 3,000,000 or more population, sanitary district, airport authority contiguous with the County Seat as of July 1, 1969 and any other municipal body or governmental agency of the State but does not include a school district in a county of less than 3,000,000 population, a board of education of a school district in a county of less than 3,000,000 population, or a community college district in a county of less than 3,000,000 population. (f) "Governing body" includes a city council, county board, or any other body or board, by whatever name it may be known, charged with the governing of a municipal corporation. (g) "Presiding officer" includes the mayor or president of a city, village or town, the presiding officer of a county board, or the presiding officer of any other board or commission, as the case may be.
233 [May 30, 2001] (h) "Oath" means oath or affirmation. (i) "Building" means an improvement to real estate to be made available for use by a municipal corporation for the furnishing of governmental services to its citizens, together with any land or interest in land necessary or useful in connection with the improvement. (j) "Public building commission lease rental base" means that term as defined in the Property Tax Extension Limitation Law. (Source: P.A. 88-304.) (50 ILCS 20/14) (from Ch. 85, par. 1044) Sec. 14. A Public Building Commission is a municipal corporation and constitutes a body both corporate and politic separate and apart from any other municipal corporation or any other public or governmental agency. It may sue and be sued, plead and be impleaded, and have a seal and alter such at pleasure, have perpetual succession, make and execute contracts, leases, deeds and other instruments necessary or convenient to the exercise of its powers, and make and from time to time amend and repeal its by-laws, rules and regulations not inconsistent with this Act. In addition, it has and shall exercise the following public and essential governmental powers and functions and all other powers incidental or necessary, to carry out and effectuate such express powers: (a) To select, locate and designate, at any time and from time to time, one or more areas lying wholly within the territorial limits of the municipality or of the county seat of the county in which the Commission is organized, or within the territorial limits of the county if the site is to be used for county purposes, or (in the case of a county having a population of at least 20,000 but not more than 21,000 as determined by the 1980 federal census) within the territorial limits of the county if the site is to be used for municipal purposes, as the site or sites to be acquired for the erection, alteration or improvement of a building or buildings, public improvement or other facilities for the purposes set forth in this Section. The site or sites selected shall be conveniently located within such county, municipality or county seat and of an area in size sufficiently large to accomplish and effectuate the purpose of this Act and sufficient to provide for proper architectural setting and adequate landscaping for such building or buildings, public improvement or other facilities. (1) Where the governing body of the county seat or the governing body of any municipality with 3,000 or more inhabitants has adopted the original resolution for the creation of the Commission, the site or sites selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are subject to approval by a majority of the members of the governing body of the county seat or by a majority of the members of the governing body of the municipality. However, where the site is for a county project and is outside the limits of a municipality, the approval of the site shall be by the county board. (2) Where the original resolution for the creation of the Commission has been adopted by the governing body of the county, the site or sites selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are subject to approval by a majority of the members of the governing body of the county and to approval by 3/4 of the members of the governing body of the county seat, except that approval of 3/4 of the members of the governing body of the county seat is not required where the site is for a county or (in the case of a county having a population of at least 20,000 but not more than 21,000 as determined by the 1980 federal census) a municipal project and is outside the limits of the county seat, in which case approval by 3/4 of the members of the
[May 30, 2001] 234 governing body of any municipality where the site or sites will be located is required; and, if such site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are not approved by 3/4 of the members of the governing body of the county seat the Commission may by resolution request that the approval of the site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, be submitted to a referendum at the next general election in accordance with the general election law, and shall present such resolution to the county clerk. Upon receipt of such resolution the county clerk shall immediately notify the board of election commissioners, if any; however, referenda pursuant to such resolution shall not be called more frequently than once in 4 years. The proposition shall be in substantially the following form: ----------------------------------------------------------------------- Shall ...... be acquired for the erection, alteration or improvement of a building or buildings pursuant to the YES Public Building Commission Act, approved July 5, 1955, which project it is estimated will cost $........., ----------------------------- including the cost of the site acquisition and for the payment of which revenue bonds in the amount of $...., NO maturing .... and bearing interest at the rate of .....% per annum, may be issued? ----------------------------------------------------------------------- If a majority of the electors voting on the proposition vote in favor of the proposition, the site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, shall be approved. Except where approval of the site or sites has been obtained by referendum, the area or areas may be enlarged by the Board of Commissioners, from time to time, as the need therefor arises. The selection, location and designation of more than one area may, but need not, be made at one time but may be made from time to time. (b) To acquire the fee simple title to the real property located within such area or areas, including easements and reversionary interests in the streets, alleys and other public places and personal property required for its purposes, by purchase, gift, legacy, or by the exercise of the power of eminent domain, and title thereto shall be taken in the corporate name of the Commission. Eminent domain proceedings shall be in all respects in the manner provided for the exercise of the right of eminent domain under Article VII of the Code of Civil Procedure, approved August 19, 1981, as amended. All land and appurtenances thereto, acquired or owned by the Commission are to be deemed acquired or owned for a public use or public purpose. Any municipal corporation which owns fee simple title to real property located within such an area, may convey such real property, or any part thereof, to the Commission with a provision in such conveyance for the reverter of such real property to the transferor municipal corporation at such time as all revenue bonds and other obligations of the Commission incident to the real property so conveyed, have been paid in full, and such Commission is hereby authorized to accept such a conveyance. (c) To demolish, repair, alter or improve any building or buildings within the area or areas and to erect a new building or buildings, improvement and other facilities within the area or areas to provide space for the conduct of the executive, legislative and
235 [May 30, 2001] judicial functions of government, its various branches, departments and agencies thereof and to provide buildings, improvements and other facilities for use by local government in the furnishing of essential governmental, health, safety and welfare services to its citizens; to furnish and equip such building or buildings, improvements and other facilities, and maintain and operate them so as to effectuate the purposes of this Act. (d) To pave and improve streets within such area or areas, and to construct, repair and install sidewalks, sewers, waterpipes and other similar facilities and site improvements within such area or areas and to provide for adequate landscaping essential to the preparation of such site or sites in accordance with the purposes of this Act. (e) To make provisions for offstreet parking facilities. (f) To operate, maintain, manage and to make and enter into contracts for the operation, maintenance and management of such buildings and other facilities and to provide rules and regulations for the operation, maintenance and management thereof. (g) To employ and discharge without regard to any Civil Services Act, engineering, architectural, construction, legal and financial experts and such other employees as may be necessary in its judgment to carry out the purposes of this Act and to fix compensation for such employees, and enter into contracts for the employment of any person, firm, or corporation, and for professional services necessary or desirable for the accomplishment of the objects and purposes of the Commission and the proper administration, management, protection and control of its property. (h) To rent all or any part or parts of such building, buildings, or other facilities to any municipal corporation that organized or joined in the organization of the Public Building Commission or to any branch, department, or agency thereof, or to any branch, department, or agency of the State or Federal government, or to any other state or any agency or political subdivision of another state with which the Commission has entered into an intergovernmental agreement or contract under the Intergovernmental Cooperation Act, or to any municipal corporation with which the Commission has entered into an intergovernmental agreement or contract under the Intergovernmental Cooperation Act, or to any other municipal corporation, quasi municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office, or rendering a public service in such county for any period of time, not to exceed 30 years. (i) To rent such space in such building or buildings as from time to time may not be needed by any governmental agency for such other purposes as the Board of Commissioners may determine will best serve the comfort and convenience of the occupants of such building or buildings, and upon such terms and in such manner as the Board of Commissioners may determine. (j) To execute written leases evidencing the rental agreements authorized in paragraphs (h) and (i) of this Section. (k) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employer's liability, against any act of any member, officer or employee of the Public Building Commission in the performance of the duties of his office or employment or any other insurable risk, as the Board of Commissioners in its discretion may deem necessary. (l) To accept donations, contributions, capital grants or gifts from any individuals, associations, municipal and private corporations and the United States of America, or any agency or instrumentality thereof, for or in aid of any of the purposes of this Act and to enter
[May 30, 2001] 236 into agreements in connection therewith. (m) To borrow money from time to time and in evidence thereof to issue and sell revenue bonds in such amount or amounts as the Board of Commissioners may determine to provide funds for the purpose of acquiring, erecting, demolishing, improving, altering, equipping, repairing, maintaining and operating buildings and other facilities and to acquire sites necessary and convenient therefor and to pay all costs and expenses incident thereto, including, but without in any way limiting the generality of the foregoing, architectural, engineering, legal and financing expense, which may include an amount sufficient to meet the interest charges on such revenue bonds during such period or periods as may elapse prior to the time when the project or projects may become revenue producing and for one year in addition thereto; and to refund and refinance, from time to time, revenue bonds so issued and sold, as often as may be deemed to be advantageous by the Board of Commissioners. (n) To enter into any agreement or contract with any lessee, who, pursuant to the terms of this Act, is renting or is about to rent from the Commission all or part of any building or buildings or facilities, whereby under such agreement or contract such lessee obligates itself to pay all or part of the cost of maintaining and operating the premises so leased. Such agreement may be included as a provision of any lease entered into pursuant to the terms of this Act or may be made the subject of a separate agreement or contract between the Commission and such lessee. Notwithstanding any contrary provision of the Property Tax Extension Limitation Law, a lease entered into by a public building commission and a community college district in a county with a population of not less than 300,000 and not more than 400,000 before October 1, 1991, may be amended to provide for the continuation of an annual payment in an amount that is not greater than the maximum annual payment under the lease on the effective date of this amendatory Act of the 92nd General Assembly. For the purposes of Section 18 of this Act, the effective date of the amendment to the lease is the same as the date of the original execution of that lease. (Source: P.A. 86-325; 86-1215; 87-1208.) (50 ILCS 20/18) (from Ch. 85, par. 1048) Sec. 18. Whenever, and as often as, a municipal corporation having taxing power enters into a lease with a Public Building Commission, the governing body of such municipal corporation shall provide by ordinance or resolution, as the case may be, for the levy and collection of a direct annual tax sufficient to pay the annual rent payable under such lease as and when it becomes due and payable, or, if applicable, in the amount of the public building commission lease rental base levied for the lease. A certified copy of the lease of such municipal corporation and a certified copy of the tax levying ordinance or resolution, as the case may be, of such municipal corporation shall be filed in the office of the county clerk in each county in which any portion of the territory of such municipal corporation is situated, which certified copies shall constitute the authority for the county clerk or clerks, in each case, to extend the taxes annually necessary to pay the annual rent payable under such lease as and when it becomes due and payable, or, if applicable, in the amount of the public building commission lease rental base levied for the lease. No taxes shall be extended for any lease entered into after the effective date of this amendatory Act of 1993, however, until after a public hearing on the lease. The clerk or secretary of the governing body of the municipal corporation shall cause notice of the time and place of the hearing to be published at least once, at least 15 days before the hearing, in a newspaper published or having general circulation within the municipal corporation. If no such newspaper exists, the clerk or secretary shall
237 [May 30, 2001] cause the notice to be posted, at least 15 days before the hearing, in at least 10 conspicuous places within the municipal corporation. The notice shall be in the following form: NOTICE OF PUBLIC HEARING ON LEASE between (name of the municipal corporation) and (name of the public building commission). A public hearing regarding a lease between (name of the municipal corporation) and (name of the public building commission) will be held by (name of the governing body of the municipal corporation) on (date) at (time) at (location). The largest yearly rental payment set forth in the lease is ($ amount). The maximum length of the lease is (years). The purpose of the lease is (explain in 25 words or less). Dated (insert date).
[May 30, 2001] 238 Reclamation District Act. References in this Section to the "District" mean the Metropolitan Water Reclamation District of Greater Chicago. The purpose of this Section is to create planning councils, organized by watershed, to contribute to the stormwater management planning process by advising the Metropolitan Water Reclamation District of Greater Chicago and representing the needs and interests of the members of the public and the local governments included within their respective watersheds.
239 [May 30, 2001] throughout the planning process.
[May 30, 2001] 240 stormwater management plan and providing stormwater management services in areas not included within the territory of the District. (c) The District shall prepare and adopt by ordinance a countywide stormwater management plan for Cook County. The countywide plan may incorporate one or more separate watershed plans. Prior to adopting the countywide stormwater management plan, the District shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard. (d) The District may prescribe by ordinance reasonable rules and regulations for floodplain and stormwater management and for governing the location, width, course, and release rate of all stormwater runoff channels, streams, and basins in Cook County, in accordance with the adopted stormwater management plan. These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources of the Department of Natural Resources and the requirements of the Federal Emergency Management Agency for participation in the National Flood Insurance Program. (e) The District may impose fees on areas outside the District but within Cook County to mitigate the effects of increased stormwater runoff resulting from new development. The fees shall not exceed the cost of satisfying the onsite stormwater retention or detention requirements of the adopted stormwater management plan. The fees shall be used to finance activities undertaken by the District or units of local government within the District to mitigate the effects of urban stormwater runoff by providing regional stormwater retention or detention facilities, as identified in the plan. All such fees collected by the District shall be held in a separate fund. (f) Amounts realized from the tax levy for stormwater management purposes authorized in Section 12 may be used by the District for implementing this Section and for the development, design, planning, construction, operation, and maintenance of regional stormwater facilities provided for in the stormwater management plan. The proceeds of any tax imposed under Section 12 for stormwater management purposes and any revenues generated as a result of the ownership or operation of facilities or land acquired with the proceeds of taxes imposed under Section 12 for stormwater management purposes shall be held in a separate fund and used either for implementing this Section or to abate those taxes. (g) The District may plan, implement, finance, and operate regional stormwater management projects in accordance with the adopted countywide stormwater management plan. The District shall provide for public review and comment on proposed stormwater management projects. The District shall conform to State and federal requirements concerning public information, environmental assessments, and environmental impacts for projects receiving State or federal funds. The District may issue bonds under Section 9.6a of this Act for the purpose of funding stormwater management projects. The District shall not use Cook County Forest Preserve District land for stormwater or flood control projects without the consent of the Forest Preserve District. (h) Upon the creation and implementation of a county stormwater management plan, the District may petition the circuit court to dissolve any or all drainage districts created pursuant to the Illinois Drainage Code or predecessor Acts that are located entirely within the District. However, any active drainage district implementing a plan that is consistent with and at least as stringent as the county stormwater management plan may petition the District for exception from dissolution. Upon filing of the petition, the District shall set a
241 [May 30, 2001] date for hearing not less than 2 weeks, nor more than 4 weeks, from the filing thereof, and the District shall give at least one week's notice of the hearing in one or more newspapers of general circulation within the drainage district, and in addition shall cause a copy of the notice to be personally served upon each of the trustees of the drainage district. At the hearing, the District shall hear the drainage district's petition and allow the drainage district trustees and any interested parties an opportunity to present oral and written evidence. The District shall render its decision upon the petition for exception from dissolution based upon the best interests of the residents of the drainage district. In the event that the exception is not allowed, the drainage district may file a petition with the circuit court within 30 days of the decision. In that case, the notice and hearing requirements for the court shall be the same as provided in this subsection for the petition to the District. The court shall render its decision of whether to dissolve the district based upon the best interests of the residents of the drainage district. The dissolution of a drainage district shall not affect the obligation of any bonds issued or contracts entered into by the drainage district nor invalidate the levy, extension, or collection of any taxes or special assessments upon the property in the former drainage district. All property and obligations of the former drainage district shall be assumed and managed by the District, and the debts of the former drainage district shall be discharged as soon as practicable. If a drainage district lies only partly within the District, the District may petition the circuit court to disconnect from the drainage district that portion of the drainage district that lies within the District. The property of the drainage district within the disconnected area shall be assumed and managed by the District. The District shall also assume a portion of the drainage district's debt at the time of disconnection, based on the portion of the value of the taxable property of the drainage district which is located within the area being disconnected. A drainage district that continues to exist within Cook County shall conform its operations to the countywide stormwater management plan. (i) The District may assume responsibility for maintaining any stream within Cook County. (j) The District may, after 10 days written notice to the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse. The District shall be responsible for any damages occasioned thereby. (k) The District shall report to the public annually on its activities and expenditures under this Section and the adopted countywide stormwater management plan. (l) The powers granted to the District under this Section are in addition to the other powers granted under this Act. This Section does not limit the powers of the District under any other provision of this Act or any other law. (m) This Section does not affect the power or duty of any unit of local government to take actions relating to flooding or stormwater, so long as those actions conform with this Section and the plans, rules, and ordinances adopted by the District under this Section. A home rule unit located in whole or in part in Cook County (other than a municipality with a population over 1,000,000) may not regulate stormwater management or planning in Cook County in a manner inconsistent with this Section or the plans, rules, and ordinances adopted by the District under this Section; provided, within a
[May 30, 2001] 242 municipality with a population over 1,000,000, the stormwater management planning program of Cook County shall be conducted by that municipality or, to the extent provided in an intergovernmental agreement between the municipality and the District, by the District pursuant to this Section; provided further that the power granted to such municipality shall not be inconsistent with existing powers of the District. Pursuant to paragraph (i) of Section 6 of Article VII of the Illinois Constitution, this Section specifically denies and limits the exercise of any power that is inconsistent with this Section by a home rule unit that is a county with a population of 1,500,000 or more or is located, in whole or in part, within such a county, other than a municipality with a population over 1,000,000. (70 ILCS 2605/12) (from Ch. 42, par. 332) Sec. 12. The board of commissioners annually may levy taxes for corporate purposes upon property within the territorial limits of such sanitary district, the aggregate amount of which, exclusive of the amount levied for (a) the payment of bonded indebtedness and the interest on bonded indebtedness (b) employees' annuity and benefit purposes (c) construction purposes, and (d) for the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such sanitary district under the Workers' Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, and for the repair or replacement of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or manmade, shall not exceed the sum produced by extending the rate of .46% for each of the years
243 [May 30, 2001] of December. For the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such sanitary district under the Workers' Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, and for the repair or replacement, where the cost thereof exceeds the sum of $10,000, of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or man-made, such sanitary district may also levy annually upon all taxable property within its territorial limits a tax not to exceed .005% of the assessed valuation of said taxable property as equalized and determined for State and local taxes; provided, however, the aggregate amount which may be accumulated in such reserve fund shall not exceed .05% of such assessed valuation. All taxes so levied and certified shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officer collecting the same to the treasurer of the sanitary district, in the manner and at the time provided by the general revenue law. No part of the taxes hereby authorized shall be used by such sanitary district for the construction of permanent, fixed, immovable bridges across any channel constructed under the provisions of this Act. All bridges built across such channel shall not necessarily interfere with or obstruct the navigation of such channel, when the same becomes a navigable stream, as provided in Section 24 of this Act, but such bridges shall be so constructed that they can be raised, swung or moved out of the way of vessels, tugs, boats or other water craft navigating such channel. Nothing in this Act shall be so construed as to compel said district to maintain or operate said bridges, as movable bridges, for a period of 9 years from and after the time when the water has been turned into said channel pursuant to law, unless the needs of general navigation of the Des Plaines and Illinois Rivers, when connected by said channel, sooner require it. In levying taxes the board of commissioners, in order to produce the net amount required by the levies for payment of bonds and interest thereon, shall include an amount or rate estimated to be sufficient to cover losses in collection of taxes, the cost of collecting taxes, abatements in the amount of such taxes as extended on the collector's books and the amount of such taxes collection of which will be deferred; the amount so added for the purpose of producing the net amount required shall not exceed any applicable maximum tax rate or amount. (Source: P.A. 84-630.) Section 99. Effective date. This Act takes effect upon becoming law.". AMENDMENT NO. 2 TO SENATE BILL 1171 AMENDMENT NO. 2. Amend Senate Bill 1171, AS AMENDED, with reference to the page and line numbers of House Amendment No. 1, on page 12, by replacing lines 29 through 31 with the following: "the building project, including leases contracted on or before October 1, 1991, between a public building commission and a community college district in a county that, on October 1, 1991, had a population not less than 300,000 and not more"; and on page 30, by replacing lines 9 through 12 with the following: "Law, a lease entered into on or before October 1, 1991, by a public
[May 30, 2001] 244 building commission and a community college district in a county that, on October 1, 1991, had a population of not less than 300,000 and not more than 400,000, may be amended to provide for the". Pursuant to the motion submitted previously, Representative Saviano talbed Amendments numbered 1 and 2. Floor Amendments numbered 3, 4, 5 and 6 remained in the Committee on Rules. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 7 TO SENATE BILL 1171 AMENDMENT NO. 7. Amend Senate Bill 1171 by replacing the title with the following: "AN ACT concerning local governments."; and by replacing everything after the enacting clause with the following: "Section 5. The Local Government Debt Reform Act is amended by changing Sections 3, 15, and 15.01 as follows: (30 ILCS 350/3) (from Ch. 17, par. 6903) Sec. 3. Definitions. In this Act words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended. (a) "Alternate bonds" means bonds issued in lieu of revenue bonds or payable from a revenue source as provided in Section 15. (b) "Applicable law" means any provision of law, including this Act, authorizing governmental units to issue bonds. (c) "Backdoor referendum" means the submission of a public question to the voters of a governmental unit, initiated by a petition of voters, residents or property owners of such governmental unit, to determine whether an action by the governing body of such governmental unit shall be effective, adopted or rejected. (d) "Bond" means any instrument evidencing the obligation to pay money authorized or issued by or on behalf of a governmental unit under applicable law, including without limitation, bonds, notes, installment or financing contracts, leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness. (e) "Debt service" on bonds means the amount of principal, interest and premium, if any, when due either at stated maturity or upon mandatory redemption. (f) "Enterprise revenues" means the revenues of a utility or revenue producing enterprise from which revenue bonds may be payable. (g) "General obligation bonds" means bonds of a governmental unit for the payment of which the governmental unit is empowered to levy ad valorem property taxes upon all taxable property in a governmental unit without limitation as to rate or amount. (h) "Governing body" means the legislative body, council, board, commission, trustees, or any other body, by whatever name it is known, having charge of the corporate affairs of a governmental unit. (i) "Governmental unit" means a county, township, municipality, municipal corporation, unit of local government, school district, special district, public corporation, body corporate and politic, forest preserve district, fire protection district, conservation district, park district, sanitary district, and all other local governmental agencies, including any entity created by intergovernmental agreement among any of the foregoing governmental units, but does not include any office, officer, department, division,
245 [May 30, 2001] bureau, board, commission, university, or similar agency of the State. (j) "Ordinance" means an ordinance duly adopted by a governing body or, if appropriate under applicable law, a resolution so adopted. (k) "Revenue bonds" means any bonds of a governmental unit other than general obligation bonds, but "revenue bonds" does include any debt authorized under Section 11-29.3-1 of the Illinois Municipal Code. (l) "Revenue source" means a source of funds, other than enterprise revenues, received or available to be received by a governmental unit and available for any one or more of its corporate purposes, including any public building commission lease rental base alternate tax levy. (m) "Limited bonds" means bonds, including public building commission leases, but excluding other leases, notes, installment or financing contracts, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of indebtedness, issued under Section 15.01 of this Act. (n) "Public building commission lease rental base" means that term as defined in the Property Tax Extension Limitation Law. (o) "Public building commission lease rental base alternate tax levy" means a special purpose levy authorized to be levied by a governmental unit for the payment of alternate bonds as a revenue source, which levy may be in an annual amount not in excess of the public building commission lease rental base less the amount of that base levied for the payment of lease rentals under a public building commission lease. (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.) (30 ILCS 350/15) (from Ch. 17, par. 6915) Sec. 15. Double-barrelled bonds. Whenever revenue bonds have been authorized to be issued pursuant to applicable law or whenever there exists for a governmental unit a revenue source, the procedures set forth in this Section may be used by a governing body. General obligation bonds may be issued in lieu of such revenue bonds as authorized, and general obligation bonds may be issued payable from any revenue source. Such general obligation bonds may be referred to as "alternate bonds". Alternate bonds may be issued without any referendum or backdoor referendum except as provided in this Section, upon the terms provided in Section 10 of this Act without reference to other provisions of law, but only upon the conditions provided in this Section. Alternate bonds shall not be regarded as or included in any computation of indebtedness for the purpose of any statutory provision or limitation except as expressly provided in this Section. Such conditions are: (a) Alternate bonds shall be issued for a lawful corporate purpose. If issued in lieu of revenue bonds, alternate bonds shall be issued for the purposes for which such revenue bonds shall have been authorized. If issued payable from a revenue source in the manner hereinafter provided, which revenue source is limited in its purposes or applications, then the alternate bonds shall be issued only for such limited purposes or applications. Alternate bonds may be issued payable from either enterprise revenues or revenue sources, or both. As a revenue source for alternate bonds, any governmental unit having a public building commission lease rental base is hereby authorized to levy a public building commission lease rental base alternate tax levy. Alternate bonds supported by the levy may be issued pursuant to the provisions of this Section for any lawful corporate purpose of the unit of local government. (b) Alternate bonds shall be subject to backdoor referendum. The provisions of Section 5 of this Act shall apply to such backdoor referendum, together with the provisions hereof. The authorizing ordinance shall be published in a newspaper of general circulation in
[May 30, 2001] 246 the governmental unit. Along with or as part of the authorizing ordinance, there shall be published a notice of (1) the specific number of voters required to sign a petition requesting that the issuance of the alternate bonds be submitted to referendum, (2) the time when such petition must be filed, (3) the date of the prospective referendum, and (4), with respect to authorizing ordinances adopted on or after January 1, 1991, a statement that identifies any revenue source that will be used to pay the principal of and interest on the alternate bonds. The clerk or secretary of the governmental unit shall make a petition form available to anyone requesting one. If no petition is filed with the clerk or secretary within 30 days of publication of the authorizing ordinance and notice, the alternate bonds shall be authorized to be issued. But if within this 30 days period, a petition is filed with such clerk or secretary signed by electors numbering the greater of (i) 7.5% of the registered voters in the governmental unit or (ii) 200 of those registered voters or 15% of those registered voters, whichever is less, asking that the issuance of such alternate bonds be submitted to referendum, the clerk or secretary shall certify such question for submission at an election held in accordance with the general election law. The question on the ballot shall include a statement of any revenue source that will be used to pay the principal of and interest on the alternate bonds. The alternate bonds shall be authorized to be issued if a majority of the votes cast on the question at such election are in favor thereof provided that notice of the bond referendum, if held before July 1, 1999, has been given in accordance with the provisions of Section 12-5 of the Election Code in effect at the time of the bond referendum, at least 10 and not more than 45 days before the date of the election, notwithstanding the time for publication otherwise imposed by Section 12-5. Notices required in connection with the submission of public questions on or after July 1, 1999 shall be as set forth in Section 12-5 of the Election Code. Backdoor referendum proceedings for bonds and alternate bonds to be issued in lieu of such bonds may be conducted at the same time. (c) To the extent payable from enterprise revenues, such revenues shall have been determined by the governing body to be sufficient to provide for or pay in each year to final maturity of such alternate bonds all of the following: (1) costs of operation and maintenance of the utility or enterprise, but not including depreciation, (2) debt service on all outstanding revenue bonds payable from such enterprise revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from such enterprise revenues, and (5) in each year, an amount not less than 1.25 times debt service of all (i) alternate bonds payable from such enterprise revenues previously issued and outstanding and (ii) alternate bonds proposed to be issued. To the extent payable from one or more revenue sources, such sources shall have been determined by the governing body to provide in each year, an amount not less than 1.25 times debt service of all alternate bonds payable from such revenue sources previously issued and outstanding and alternate bonds proposed to be issued. The conditions enumerated in this subsection (c) need not be met for that amount of debt service provided for by the setting aside of proceeds of bonds or other moneys at the time of the delivery of such bonds. (c-1) In the case of alternate bonds issued as variable rate bonds (including refunding bonds), debt service shall be projected based on the rate for the most recent date shown in the 20 G.O. Bond Index of average municipal bond yields as published in the most recent edition of The Bond Buyer published in New York, New York (or any successor publication or index, or if such publication or index is no longer
247 [May 30, 2001] published, then any index of long-term municipal tax-exempt bond yields selected by the governmental unit), as of the date of determination referred to in subsection (c) of this Section. Any interest or fees that may be payable to the provider of a letter of credit, line of credit, surety bond, bond insurance, or other credit enhancement relating to such alternate bonds and any fees that may be payable to any remarketing agent need not be taken into account for purposes of such projection. If the governmental unit enters into an agreement in connection with such alternate bonds at the time of issuance thereof pursuant to which the governmental unit agrees for a specified period of time to pay an amount calculated at an agreed-upon rate or index based on a notional amount and the other party agrees to pay the governmental unit an amount calculated at an agreed-upon rate or index based on such notional amount, interest shall be projected for such specified period of time on the basis of the agreed-upon rate payable by the governmental unit. (d) The determination of the sufficiency of enterprise revenues or a revenue source, as applicable, shall be supported by reference to the most recent audit of the governmental unit, which shall be for a fiscal year ending not earlier than 18 months previous to the time of issuance of the alternate bonds. If such audit does not adequately show such enterprise revenues or revenue source, as applicable, or if such enterprise revenues or revenue source, as applicable, are shown to be insufficient, then the determination of sufficiency shall be supported by the report of an independent accountant or feasibility analyst, the latter having a national reputation for expertise in such matters, demonstrating the sufficiency of such revenues and explaining, if appropriate, by what means the revenues will be greater than as shown in the audit. Whenever such sufficiency is demonstrated by reference to a schedule of higher rates or charges for enterprise revenues or a higher tax imposition for a revenue source, such higher rates, charges or taxes shall have been properly imposed by an ordinance adopted prior to the time of delivery of alternate bonds. The reference to and acceptance of an audit or report, as the case may be, and the determination of the governing body as to sufficiency of enterprise revenues or a revenue source shall be conclusive evidence that the conditions of this Section have been met and that the alternate bonds are valid. (e) The enterprise revenues or revenue source, as applicable, shall be in fact pledged to the payment of the alternate bonds; and the governing body shall covenant, to the extent it is empowered to do so, to provide for, collect and apply such enterprise revenues or revenue source, as applicable, to the payment of the alternate bonds and the provision of not less than an additional .25 times debt service. The pledge and establishment of rates or charges for enterprise revenues, or the imposition of taxes in a given rate or amount, as provided in this Section for alternate bonds, shall constitute a continuing obligation of the governmental unit with respect to such establishment or imposition and a continuing appropriation of the amounts received. All covenants relating to alternate bonds and the conditions and obligations imposed by this Section are enforceable by any bondholder of alternate bonds affected, any taxpayer of the governmental unit, and the People of the State of Illinois acting through the Attorney General or any designee, and in the event that any such action results in an order finding that the governmental unit has not properly set rates or charges or imposed taxes to the extent it is empowered to do so or collected and applied enterprise revenues or any revenue source, as applicable, as required by this Act, the plaintiff in any such action shall be awarded reasonable attorney's fees. The intent is that such enterprise revenues or revenue source, as applicable, shall be
[May 30, 2001] 248 sufficient and shall be applied to the payment of debt service on such alternate bonds so that taxes need not be levied, or if levied need not be extended, for such payment. Nothing in this Section shall inhibit or restrict the authority of a governing body to determine the lien priority of any bonds, including alternate bonds, which may be issued with respect to any enterprise revenues or revenue source. In the event that alternate bonds shall have been issued and taxes, other than a designated revenue source, shall have been extended pursuant to the general obligation, full faith and credit promise supporting such alternate bonds, then the amount of such alternate bonds then outstanding shall be included in the computation of indebtedness of the governmental unit for purposes of all statutory provisions or limitations until such time as an audit of the governmental unit shall show that the alternate bonds have been paid from the enterprise revenues or revenue source, as applicable, pledged thereto for a complete fiscal year. Alternate bonds may be issued to refund or advance refund alternate bonds without meeting any of the conditions set forth in this Section, except that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds. Once issued, alternate bonds shall be and forever remain until paid or defeased the general obligation of the governmental unit, for the payment of which its full faith and credit are pledged, and shall be payable from the levy of taxes as is provided in this Act for general obligation bonds. The changes made by this amendatory Act of 1990 do not affect the validity of bonds authorized before September 1, 1990. (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99; 91-493, eff. 8-13-99; 91-868, eff. 6-22-00.) (30 ILCS 350/15.01) Sec. 15.01. Limited bonds. A governmental unit is authorized to issue limited bonds payable from the debt service extension base or the public building commission lease rental base, or both, as defined in the Property Tax Extension Limitation Law, as provided in this amendatory Act of 1995. Bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium or museum projects shall not be issued as limited bonds. A governmental unit issuing limited bonds authorized by this Section shall provide in the bond ordinance that the bonds are issued as limited bonds and are also issued pursuant to applicable law, other than this amendatory Act of 1995, enabling the governmental unit to issue bonds. This amendatory Act of 1995 shall not change the rate, amount, purposes, limitations, source of funds for payment of principal or interest, or method of payment or defeasance of the bonds that a governmental unit may issue under any applicable law; provided, that limited bonds that are otherwise to be issued as general obligation bonds may be payable solely from the debt service extension base or public building commission lease rental base, or both. This amendatory Act of 1995 provides no additional authority to any governmental unit to issue bonds that the governmental unit is not otherwise authorized to issue by a law other than this amendatory Act of 1995. (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.) Section 10. The Property Tax Code is amended by changing Section 18-185 as follows: (35 ILCS 200/18-185) Sec. 18-185. Short title; definitions. This Division 5 may be cited as the Property Tax Extension Limitation Law. As used in this Division 5:
249 [May 30, 2001] "Consumer Price Index" means the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor. "Extension limitation" means (a) the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (b) the rate of increase approved by voters under Section 18-205. "Affected county" means a county of 3,000,000 or more inhabitants or a county contiguous to a county of 3,000,000 or more inhabitants. "Taxing district" has the same meaning provided in Section 1-150, except as otherwise provided in this Section. For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule taxing district having the majority of its 1990 equalized assessed value within any county or counties contiguous to a county with 3,000,000 or more inhabitants. Beginning with the 1995 levy year, "taxing district" includes only each non-home rule taxing district subject to this Law before the 1995 levy year and each non-home rule taxing district not subject to this Law before the 1995 levy year having the majority of its 1994 equalized assessed value in an affected county or counties. Beginning with the levy year in which this Law becomes applicable to a taxing district as provided in Section 18-213, "taxing district" also includes those taxing districts made subject to this Law as provided in Section 18-213. "Aggregate extension" for taxing districts to which this Law applied before the 1995 levy year means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before October 1, 1991; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before October 1, 1991; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after October 1, 1991 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before October 1, 1991 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before October 1, 1991, to pay for the building project, including leases contracted on or before October 1, 1991, between a public building commission and a community college district in a county that, on October 1, 1991, had a population not less than 300,000 and not more than 400,000 that are amended under subsection (n) of Section 14 of the Public Building Commission Act; (g) made for payments due under installment contracts entered into before October 1, 1991; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), (e), and (h) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum, plus an amount not to exceed the public building commission lease rental base less the amount
[May 30, 2001] 250 (deductible only from the public building commission lease rental base and not from the debt service extension base) in item (f) of this definition for lease payments; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act, including the public building commission lease rental base alternate tax levy allocable to those payments; and (k) made by a school district that participates in the Special Education District of Lake County, created by special education joint agreement under Section 10-22.31 of the School Code, for payment of the school district's share of the amounts required to be contributed by the Special Education District of Lake County to the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code; the amount of any extension under this item (k) shall be certified by the school district to the county clerk. "Aggregate extension" for the taxing districts to which this Law did not apply before the 1995 levy year (except taxing districts subject to this Law in accordance with Section 18-213) means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before March 1, 1995; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before March 1, 1995; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after March 1, 1995 that were approved by referendum; (e) made for any taxing district to pay interest or principal on revenue bonds issued before March 1, 1995 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before March 1, 1995 to pay for the building project; (g) made for payments due under installment contracts entered into before March 1, 1995; (h) made for payments of principal and interest on bonds issued under the Metropolitan Water Reclamation District Act to finance construction projects initiated before October 1, 1991; (h-5) made for stormwater management purposes by the Metropolitan Water Reclamation District of Greater Chicago under Section 12 of the Metropolitan Water Reclamation District Act; (i) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum and bonds described in subsection (h) of this definition; (j) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; (k) made for payments of principal and interest on bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium or museum projects; and (l) made for payments of principal and interest on bonds authorized by Public Act 87-1191 or this amendatory Act of the 92nd General Assembly and (i) issued pursuant to Section 21.2 of the Cook County Forest Preserve District Act, (ii) issued under Section 42 of the Cook County Forest Preserve District Act for zoological park projects, or (iii) issued under Section 44.1 of the Cook County Forest Preserve District Act for
251 [May 30, 2001] botanical gardens projects. "Aggregate extension" for all taxing districts to which this Law applies in accordance with Section 18-213, except for those taxing districts subject to paragraph (2) of subsection (e) of Section 18-213, means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the date on which the referendum making this Law applicable to the taxing district is held; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund bonds issued after the date on which the referendum making this Law applicable to the taxing district is held if the bonds were approved by referendum after the date on which the referendum making this Law applicable to the taxing district is held; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the date on which the referendum making this Law applicable to the taxing district is held for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the date on which the referendum making this Law applicable to the taxing district is held to pay for the building project; (g) made for payments due under installment contracts entered into before the date on which the referendum making this Law applicable to the taxing district is held; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Aggregate extension" for all taxing districts to which this Law applies in accordance with paragraph (2) of subsection (e) of Section 18-213 means the annual corporate extension for the taxing district and those special purpose extensions that are made annually for the taxing district, excluding special purpose extensions: (a) made for the taxing district to pay interest or principal on general obligation bonds that were approved by referendum; (b) made for any taxing district to pay interest or principal on general obligation bonds issued before the effective date of this amendatory Act of 1997; (c) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund those bonds issued before the effective date of this amendatory Act of 1997; (d) made for any taxing district to pay interest or principal on bonds issued to refund or continue to refund
[May 30, 2001] 252 bonds issued after the effective date of this amendatory Act of 1997 if the bonds were approved by referendum after the effective date of this amendatory Act of 1997; (e) made for any taxing district to pay interest or principal on revenue bonds issued before the effective date of this amendatory Act of 1997 for payment of which a property tax levy or the full faith and credit of the unit of local government is pledged; however, a tax for the payment of interest or principal on those bonds shall be made only after the governing body of the unit of local government finds that all other sources for payment are insufficient to make those payments; (f) made for payments under a building commission lease when the lease payments are for the retirement of bonds issued by the commission before the effective date of this amendatory Act of 1997 to pay for the building project; (g) made for payments due under installment contracts entered into before the effective date of this amendatory Act of 1997; (h) made for payments of principal and interest on limited bonds, as defined in Section 3 of the Local Government Debt Reform Act, in an amount not to exceed the debt service extension base less the amount in items (b), (c), and (e) of this definition for non-referendum obligations, except obligations initially issued pursuant to referendum; (i) made for payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act; and (j) made for a qualified airport authority to pay interest or principal on general obligation bonds issued for the purpose of paying obligations due under, or financing airport facilities required to be acquired, constructed, installed or equipped pursuant to, contracts entered into before March 1, 1996 (but not including any amendments to such a contract taking effect on or after that date). "Debt service extension base" means an amount equal to that portion of the extension for a taxing district for the 1994 levy year, or for those taxing districts subject to this Law in accordance with Section 18-213, except for those subject to paragraph (2) of subsection (e) of Section 18-213, for the levy year in which the referendum making this Law applicable to the taxing district is held, or for those taxing districts subject to this Law in accordance with paragraph (2) of subsection (e) of Section 18-213 for the 1996 levy year, constituting an extension for payment of principal and interest on bonds issued by the taxing district without referendum, but not including excluded non-referendum bonds. For park districts (i) that were first subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy year for the payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds) was less than 51% of the amount for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds), "debt service extension base" means an amount equal to that portion of the extension for the 1991 levy year constituting an extension for payment of principal and interest on bonds issued by the park district without referendum (but not including excluded non-referendum bonds). The debt service extension base may be established or increased as provided under Section 18-212. "Excluded non-referendum bonds" means (i) bonds authorized by Public Act 88-503 and issued under Section 20a of the Chicago Park District Act for aquarium and museum projects; (ii) bonds issued under Section 15 of the Local Government Debt Reform Act; and
253 [May 30, 2001] workers' compensation, self-insurance, contributions to pension plans, and extensions made pursuant to Section 6-601 of the Illinois Highway Code for a road district's permanent road fund whether levied annually or not. The extension for a special service area is not included in the aggregate extension. "Aggregate extension base" means the taxing district's last preceding aggregate extension as adjusted under Sections 18-215 through 18-230. "Levy year" has the same meaning as "year" under Section 1-155. "New property" means (i) the assessed value, after final board of review or board of appeals action, of new improvements or additions to existing improvements on any parcel of real property that increase the assessed value of that real property during the levy year multiplied by the equalization factor issued by the Department under Section 17-30 and (ii) the assessed value, after final board of review or board of appeals action, of real property not exempt from real estate taxation, which real property was exempt from real estate taxation for any portion of the immediately preceding levy year, multiplied by the equalization factor issued by the Department under Section 17-30. In addition, the county clerk in a county containing a population of 3,000,000 or more shall include in the 1997 recovered tax increment value for any school district, any recovered tax increment value that was applicable to the 1995 tax year calculations. "Public building commission lease rental base" means an amount equal to that portion of the extension for a taxing district for the 1999 levy year constituting an extension for payment of lease rentals under a public building commission lease allocable to the retirement of bonds issued by the commission. "Qualified airport authority" means an airport authority organized under the Airport Authorities Act and located in a county bordering on the State of Wisconsin and having a population in excess of 200,000 and not greater than 500,000. "Recovered tax increment value" means, except as otherwise provided in this paragraph, the amount of the current year's equalized assessed value, in the first year after a municipality terminates the designation of an area as a redevelopment project area previously established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, previously established under the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. For the taxes which are extended for the 1997 levy year, the recovered tax increment value for a non-home rule taxing district that first became subject to this Law for the 1995 levy year because a majority of its 1994 equalized assessed value was in an affected county or counties shall be increased if a municipality terminated the designation of an area in 1993 as a redevelopment project area previously established under the Tax Increment Allocation Development Act in the Illinois Municipal Code, previously established under the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously established under the Economic Development Area Tax Increment Allocation Act, by an amount equal to the 1994 equalized assessed value of each taxable lot, block, tract, or parcel of real property in the redevelopment project area over and above the initial equalized assessed value of each property in the redevelopment project area. In the first year after a municipality removes a taxable lot, block, tract, or parcel of real property from a redevelopment project area established under the Tax Increment Allocation Development Act in
[May 30, 2001] 254 the Illinois Municipal Code, the Industrial Jobs Recovery Law in the Illinois Municipal Code, or the Economic Development Area Tax Increment Allocation Act, "recovered tax increment value" means the amount of the current year's equalized assessed value of each taxable lot, block, tract, or parcel of real property removed from the redevelopment project area over and above the initial equalized assessed value of that real property before removal from the redevelopment project area. Except as otherwise provided in this Section, "limiting rate" means a fraction the numerator of which is the last preceding aggregate extension base times an amount equal to one plus the extension limitation defined in this Section and the denominator of which is the current year's equalized assessed value of all real property in the territory under the jurisdiction of the taxing district during the prior levy year. For those taxing districts that reduced their aggregate extension for the last preceding levy year, the highest aggregate extension in any of the last 3 preceding levy years shall be used for the purpose of computing the limiting rate. The denominator shall not include new property. The denominator shall not include the recovered tax increment value. (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) Section 15. The Public Building Commission Act is amended by changing Sections 3, 14, and 18 as follows: (50 ILCS 20/3) (from Ch. 85, par. 1033) Sec. 3. The following terms, wherever used, or referred to in this Act, mean unless the context clearly requires a different meaning: (a) "Commission" means a Public Building Commission created pursuant to this Act. (b) "Commissioner" or "Commissioners" means a Commissioner or Commissioners of a Public Building Commission. (c) "County seat" means a city, village or town which is the county seat of a county. (d) "Municipality" means any city, village or incorporated town of the State of Illinois. (e) "Municipal corporation" includes a county, city, village, town, (including a county seat), park district, school district in a county of 3,000,000 or more population, board of education of a school district in a county of 3,000,000 or more population, sanitary district, airport authority contiguous with the County Seat as of July 1, 1969 and any other municipal body or governmental agency of the State but does not include a school district in a county of less than 3,000,000 population, a board of education of a school district in a county of less than 3,000,000 population, or a community college district in a county of less than 3,000,000 population. (f) "Governing body" includes a city council, county board, or any other body or board, by whatever name it may be known, charged with the governing of a municipal corporation. (g) "Presiding officer" includes the mayor or president of a city, village or town, the presiding officer of a county board, or the presiding officer of any other board or commission, as the case may be. (h) "Oath" means oath or affirmation. (i) "Building" means an improvement to real estate to be made available for use by a municipal corporation for the furnishing of governmental services to its citizens, together with any land or interest in land necessary or useful in connection with the improvement. (j) "Public building commission lease rental base" means that term as defined in the Property Tax Extension Limitation Law. (Source: P.A. 88-304.)
255 [May 30, 2001] (50 ILCS 20/14) (from Ch. 85, par. 1044) Sec. 14. A Public Building Commission is a municipal corporation and constitutes a body both corporate and politic separate and apart from any other municipal corporation or any other public or governmental agency. It may sue and be sued, plead and be impleaded, and have a seal and alter such at pleasure, have perpetual succession, make and execute contracts, leases, deeds and other instruments necessary or convenient to the exercise of its powers, and make and from time to time amend and repeal its by-laws, rules and regulations not inconsistent with this Act. In addition, it has and shall exercise the following public and essential governmental powers and functions and all other powers incidental or necessary, to carry out and effectuate such express powers: (a) To select, locate and designate, at any time and from time to time, one or more areas lying wholly within the territorial limits of the municipality or of the county seat of the county in which the Commission is organized, or within the territorial limits of the county if the site is to be used for county purposes, or (in the case of a county having a population of at least 20,000 but not more than 21,000 as determined by the 1980 federal census) within the territorial limits of the county if the site is to be used for municipal purposes, as the site or sites to be acquired for the erection, alteration or improvement of a building or buildings, public improvement or other facilities for the purposes set forth in this Section. The site or sites selected shall be conveniently located within such county, municipality or county seat and of an area in size sufficiently large to accomplish and effectuate the purpose of this Act and sufficient to provide for proper architectural setting and adequate landscaping for such building or buildings, public improvement or other facilities. (1) Where the governing body of the county seat or the governing body of any municipality with 3,000 or more inhabitants has adopted the original resolution for the creation of the Commission, the site or sites selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are subject to approval by a majority of the members of the governing body of the county seat or by a majority of the members of the governing body of the municipality. However, where the site is for a county project and is outside the limits of a municipality, the approval of the site shall be by the county board. (2) Where the original resolution for the creation of the Commission has been adopted by the governing body of the county, the site or sites selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are subject to approval by a majority of the members of the governing body of the county and to approval by 3/4 of the members of the governing body of the county seat, except that approval of 3/4 of the members of the governing body of the county seat is not required where the site is for a county or (in the case of a county having a population of at least 20,000 but not more than 21,000 as determined by the 1980 federal census) a municipal project and is outside the limits of the county seat, in which case approval by 3/4 of the members of the governing body of any municipality where the site or sites will be located is required; and, if such site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, are not approved by 3/4 of the members of the governing body of the county seat the Commission may by resolution request that the approval of the site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, be submitted to a referendum at the next general election in accordance with the general
[May 30, 2001] 256 election law, and shall present such resolution to the county clerk. Upon receipt of such resolution the county clerk shall immediately notify the board of election commissioners, if any; however, referenda pursuant to such resolution shall not be called more frequently than once in 4 years. The proposition shall be in substantially the following form: ----------------------------------------------------------------------- Shall ...... be acquired for the erection, alteration or improvement of a building or buildings pursuant to the YES Public Building Commission Act, approved July 5, 1955, which project it is estimated will cost $........., ----------------------------- including the cost of the site acquisition and for the payment of which revenue bonds in the amount of $...., NO maturing .... and bearing interest at the rate of .....% per annum, may be issued? ----------------------------------------------------------------------- If a majority of the electors voting on the proposition vote in favor of the proposition, the site or sites so selected, and in the case of a project for an Airport Authority, the site or sites selected, the project and any lease agreements, shall be approved. Except where approval of the site or sites has been obtained by referendum, the area or areas may be enlarged by the Board of Commissioners, from time to time, as the need therefor arises. The selection, location and designation of more than one area may, but need not, be made at one time but may be made from time to time. (b) To acquire the fee simple title to the real property located within such area or areas, including easements and reversionary interests in the streets, alleys and other public places and personal property required for its purposes, by purchase, gift, legacy, or by the exercise of the power of eminent domain, and title thereto shall be taken in the corporate name of the Commission. Eminent domain proceedings shall be in all respects in the manner provided for the exercise of the right of eminent domain under Article VII of the Code of Civil Procedure, approved August 19, 1981, as amended. All land and appurtenances thereto, acquired or owned by the Commission are to be deemed acquired or owned for a public use or public purpose. Any municipal corporation which owns fee simple title to real property located within such an area, may convey such real property, or any part thereof, to the Commission with a provision in such conveyance for the reverter of such real property to the transferor municipal corporation at such time as all revenue bonds and other obligations of the Commission incident to the real property so conveyed, have been paid in full, and such Commission is hereby authorized to accept such a conveyance. (c) To demolish, repair, alter or improve any building or buildings within the area or areas and to erect a new building or buildings, improvement and other facilities within the area or areas to provide space for the conduct of the executive, legislative and judicial functions of government, its various branches, departments and agencies thereof and to provide buildings, improvements and other facilities for use by local government in the furnishing of essential governmental, health, safety and welfare services to its citizens; to furnish and equip such building or buildings, improvements and other facilities, and maintain and operate them so as to effectuate the purposes of this Act. (d) To pave and improve streets within such area or areas, and to construct, repair and install sidewalks, sewers, waterpipes and other
257 [May 30, 2001] similar facilities and site improvements within such area or areas and to provide for adequate landscaping essential to the preparation of such site or sites in accordance with the purposes of this Act. (e) To make provisions for offstreet parking facilities. (f) To operate, maintain, manage and to make and enter into contracts for the operation, maintenance and management of such buildings and other facilities and to provide rules and regulations for the operation, maintenance and management thereof. (g) To employ and discharge without regard to any Civil Services Act, engineering, architectural, construction, legal and financial experts and such other employees as may be necessary in its judgment to carry out the purposes of this Act and to fix compensation for such employees, and enter into contracts for the employment of any person, firm, or corporation, and for professional services necessary or desirable for the accomplishment of the objects and purposes of the Commission and the proper administration, management, protection and control of its property. (h) To rent all or any part or parts of such building, buildings, or other facilities to any municipal corporation that organized or joined in the organization of the Public Building Commission or to any branch, department, or agency thereof, or to any branch, department, or agency of the State or Federal government, or to any other state or any agency or political subdivision of another state with which the Commission has entered into an intergovernmental agreement or contract under the Intergovernmental Cooperation Act, or to any municipal corporation with which the Commission has entered into an intergovernmental agreement or contract under the Intergovernmental Cooperation Act, or to any other municipal corporation, quasi municipal corporation, political subdivision or body politic, or agency thereof, doing business, maintaining an office, or rendering a public service in such county for any period of time, not to exceed 30 years. (i) To rent such space in such building or buildings as from time to time may not be needed by any governmental agency for such other purposes as the Board of Commissioners may determine will best serve the comfort and convenience of the occupants of such building or buildings, and upon such terms and in such manner as the Board of Commissioners may determine. (j) To execute written leases evidencing the rental agreements authorized in paragraphs (h) and (i) of this Section. (k) To procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employer's liability, against any act of any member, officer or employee of the Public Building Commission in the performance of the duties of his office or employment or any other insurable risk, as the Board of Commissioners in its discretion may deem necessary. (l) To accept donations, contributions, capital grants or gifts from any individuals, associations, municipal and private corporations and the United States of America, or any agency or instrumentality thereof, for or in aid of any of the purposes of this Act and to enter into agreements in connection therewith. (m) To borrow money from time to time and in evidence thereof to issue and sell revenue bonds in such amount or amounts as the Board of Commissioners may determine to provide funds for the purpose of acquiring, erecting, demolishing, improving, altering, equipping, repairing, maintaining and operating buildings and other facilities and to acquire sites necessary and convenient therefor and to pay all costs and expenses incident thereto, including, but without in any way limiting the generality of the foregoing, architectural, engineering,
[May 30, 2001] 258 legal and financing expense, which may include an amount sufficient to meet the interest charges on such revenue bonds during such period or periods as may elapse prior to the time when the project or projects may become revenue producing and for one year in addition thereto; and to refund and refinance, from time to time, revenue bonds so issued and sold, as often as may be deemed to be advantageous by the Board of Commissioners. (n) To enter into any agreement or contract with any lessee, who, pursuant to the terms of this Act, is renting or is about to rent from the Commission all or part of any building or buildings or facilities, whereby under such agreement or contract such lessee obligates itself to pay all or part of the cost of maintaining and operating the premises so leased. Such agreement may be included as a provision of any lease entered into pursuant to the terms of this Act or may be made the subject of a separate agreement or contract between the Commission and such lessee. Notwithstanding any contrary provision of the Property Tax Extension Limitation Law, a lease entered into on or before October 1, 1991, by a public building commission and a community college district in a county that, on October 1, 1991, had a population of not less than 300,000 and not more than 400,000, may be amended to provide for the continuation of an annual payment in an amount that is not greater than the maximum annual payment under the lease on the effective date of this amendatory Act of the 92nd General Assembly. For the purposes of Section 18 of this Act, the effective date of the amendment to the lease is the same as the date of the original execution of that lease. (Source: P.A. 86-325; 86-1215; 87-1208.) (50 ILCS 20/18) (from Ch. 85, par. 1048) Sec. 18. Whenever, and as often as, a municipal corporation having taxing power enters into a lease with a Public Building Commission, the governing body of such municipal corporation shall provide by ordinance or resolution, as the case may be, for the levy and collection of a direct annual tax sufficient to pay the annual rent payable under such lease as and when it becomes due and payable, or, if applicable, in the amount of the public building commission lease rental base levied for the lease. A certified copy of the lease of such municipal corporation and a certified copy of the tax levying ordinance or resolution, as the case may be, of such municipal corporation shall be filed in the office of the county clerk in each county in which any portion of the territory of such municipal corporation is situated, which certified copies shall constitute the authority for the county clerk or clerks, in each case, to extend the taxes annually necessary to pay the annual rent payable under such lease as and when it becomes due and payable, or, if applicable, in the amount of the public building commission lease rental base levied for the lease. No taxes shall be extended for any lease entered into after the effective date of this amendatory Act of 1993, however, until after a public hearing on the lease. The clerk or secretary of the governing body of the municipal corporation shall cause notice of the time and place of the hearing to be published at least once, at least 15 days before the hearing, in a newspaper published or having general circulation within the municipal corporation. If no such newspaper exists, the clerk or secretary shall cause the notice to be posted, at least 15 days before the hearing, in at least 10 conspicuous places within the municipal corporation. The notice shall be in the following form: NOTICE OF PUBLIC HEARING ON LEASE between (name of the municipal corporation) and (name of the public building commission). A public hearing regarding a lease between (name of the municipal corporation) and (name of the public building commission) will be held by (name of the governing body of the municipal corporation) on (date)
259 [May 30, 2001] at (time) at (location). The largest yearly rental payment set forth in the lease is ($ amount). The maximum length of the lease is (years). The purpose of the lease is (explain in 25 words or less). Dated (insert date).
[May 30, 2001] 260 proposition to be submitted at any election. If the tax is imposed for transportation purposes, the county board must publish notice of the existence of its long-range highway transportation plan as required or described in Section 5-301 of the Illinois Highway Code and must make the plan publicly available prior to approval of the ordinance or resolution imposing the tax. The county clerk shall certify the question to the proper election authority, who shall submit the proposition at an election in accordance with the general election law. (1) The proposition for public safety purposes shall be in substantially the following form: "Shall (name of county) be authorized to impose a public safety tax at the rate of .... upon all persons engaged in the business of selling tangible personal property at retail in the county on gross receipts from the sales made in the course of their business
261 [May 30, 2001] 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained in those Sections other than the State rate of tax), 2-15 through 2-70, 2a, 2b, 2c, 3 (except provisions relating to transaction returns and quarter monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act as if those provisions were set forth in this Section. Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their sellers' tax liability by separately stating the tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Use Tax Act, pursuant to such bracketed schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified and to the person named in the notification from the Department. The refund shall be paid by the State Treasurer out of the County Public Safety or Transportation Retailers' Occupation Tax Fund. (b) If a tax has been imposed under subsection (a), a service occupation tax shall also be imposed at the same rate upon all persons engaged, in the county, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the county as an incident to a sale of service. This tax may not be imposed on sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food prepared for immediate consumption) and prescription and non-prescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes, and needles used by diabetics. The tax imposed under this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this subsection; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties so collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of, and compliance with this subsection, the Department and persons who are subject to this paragraph shall (i) have the same rights, remedies, privileges, immunities, powers, and duties, (ii) be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and (iii) employ the same modes of procedure as are prescribed in Sections 2 (except that the reference to State in the definition of supplier maintaining a place of business in this State shall mean the county), 2a, 2b, 2c, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the county), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the county), 9 (except as to the disposition of taxes and penalties collected), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State shall mean the county), Section 15, 16, 17, 18, 19 and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth herein. Persons subject to any tax imposed under the authority granted in this subsection may reimburse themselves for their serviceman's tax liability by separately stating the tax as an additional charge, which
[May 30, 2001] 262 charge may be stated in combination, in a single amount, with State tax that servicemen are authorized to collect under the Service Use Tax Act, in accordance with such bracket schedules as the Department may prescribe. Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The refund shall be paid by the State Treasurer out of the County Public Safety or Transportation Retailers' Occupation Fund. Nothing in this subsection shall be construed to authorize the county to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by the State. (c) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes and penalties collected under this Section to be deposited into the County Public Safety or Transportation Retailers' Occupation Tax Fund, which shall be an unappropriated trust fund held outside of the State treasury. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the counties from which retailers have paid taxes or penalties to the Department during the second preceding calendar month. The amount to be paid to each county, and deposited by the county into its special fund created for the purposes of this Section, shall be the amount (not including credit memoranda) collected under this Section during the second preceding calendar month by the Department plus an amount the Department determines is necessary to offset any amounts that were erroneously paid to a different taxing body, and not including (i) an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the county and (ii) any amount that the Department determines is necessary to offset any amounts that were payable to a different taxing body but were erroneously paid to the county. Within 10 days after receipt by the Comptroller of the disbursement certification to the counties provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with directions contained in the certification. In addition to the disbursement required by the preceding paragraph, an allocation shall be made in March of each year to each county that received more than $500,000 in disbursements under the preceding paragraph in the preceding calendar year. The allocation shall be in an amount equal to the average monthly distribution made to each such county under the preceding paragraph during the preceding calendar year (excluding the 2 months of highest receipts). The distribution made in March of each year subsequent to the year in which an allocation was made pursuant to this paragraph and the preceding paragraph shall be reduced by the amount allocated and disbursed under this paragraph in the preceding calendar year. The Department shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this paragraph. (d) For the purpose of determining the local governmental unit whose tax is applicable, a retail sale by a producer of coal or another mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This paragraph does not apply to coal or another mineral when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States
263 [May 30, 2001] Constitution as a sale in interstate or foreign commerce. (e) Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by this State. (e-5) If a county imposes a tax under this Section, the county board may, by ordinance, discontinue or lower the rate of the tax. If the county board lowers the tax rate or discontinues the tax, a referendum must be held in accordance with subsection (a) of this Section in order to increase the rate of the tax or to reimpose the discontinued tax. (f) Beginning April 1, 1998, the results of any election authorizing a proposition to impose a tax under this Section or effecting a change in the rate of tax, or any ordinance lowering the rate or discontinuing the tax, shall be certified by the county clerk and filed with the Illinois Department of Revenue either (i) on or before the first day of April, whereupon the Department shall proceed to administer and enforce the tax as of the first day of July next following the filing; or (ii) on or before the first day of October, whereupon the Department shall proceed to administer and enforce the tax as of the first day of January next following the filing. (g) When certifying the amount of a monthly disbursement to a county under this Section, the Department shall increase or decrease the amounts by an amount necessary to offset any miscalculation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the previous 6 months from the time a miscalculation is discovered. (h) This Section may be cited as the "Special County Occupation Tax For Public Safety or Transportation Law". (i) For purposes of this Section, "public safety" includes, but is not limited to, crime prevention, detention, fire fighting, police, medical, ambulance, or other emergency services. For the purposes of this Section, "transportation" includes, but is not limited to, the construction, maintenance, operation, and improvement of public highways and any other purpose for which a county may expend funds under the Illinois Highway Code. (Source: P.A. 89-107, eff. 1-1-96; 89-718, eff. 3-7-97; 90-190, eff. 7-24-97; 90-267, eff. 7-30-97; 90-552, eff. 12-12-97; 90-562, eff. 12-16-97; 90-655, eff. 7-30-98; 90-689, eff. 7-31-98.) (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1) Sec. 5-1062.1. Stormwater management planning councils in Cook County. (a) Stormwater management planning in Cook County shall be conducted as provided in Section 7h of the Metropolitan Water Reclamation District Act. References in this Section to the "District" mean the Metropolitan Water Reclamation District of Greater Chicago. The purpose of this Section is to create planning councils, organized by watershed, to contribute to the stormwater management planning process by advising the Metropolitan Water Reclamation District of Greater Chicago and representing the needs and interests of the members of the public and the local governments included within their respective watersheds.
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[May 30, 2001] 266 the township. If a majority of the electors voting on the question vote in the affirmative, the township board may thereafter levy the tax. (Source: P.A. 90-296, eff. 8-1-97.) (60 ILCS 1/200-13 new) Sec. 200-13. Board authority. The township board of any township operating a fire department has the power and it is its legal duty and obligation to provide as nearly adequate protection from fire for all persons and property within the township as possible and to prescribe necessary regulations for the prevention and control of fire within the township. The township board may provide and maintain life saving and rescue equipment, services, and facilities, including emergency ambulance service. Except in cities having a population of 500,000 or more inhabitants and except in municipalities in which fire prevention codes have been adopted, the township board has the express power to adopt and enforce fire prevention codes and standards parallel to national standards. (60 ILCS 1/200-14 new) Sec. 200-14. Fire department regulations and rules. A township providing fire protection services on the effective date of this amendatory Act of the 92nd General Assembly shall be held to the standard of Sections 16.01 through 17 of the Fire Protection District Act, substituting "township" where "fire protection district" is indicated. Section 22. The Cook County Forest Preserve District Act is amended by changing Sections 42 and 44.1 and by adding Section 21.2 as follows: (70 ILCS 810/21.2 new) Sec. 21.2. Indebtedness of district; additional bonds. For the purpose of making capital improvements to any land acquired or to be acquired by the district and repairs, reconstruction, rehabilitation, or renovation in connection with any buildings of the district or to acquire equipment for the district, the corporate authorities of the forest preserve district in which the improvements or buildings are maintained may from time to time incur indebtedness and issue bonds therefor in amounts not exceeding, in the aggregate, $50,000,000. The bonds shall bear interest at not more than the maximum rate provided by law and may mature up to 30 years from the date thereof. A resolution authorizing the issuance of bonds under this Section may be made effective without the submission thereof to the voters of the district for approval. All moneys received from the issuance of bonds as provided for in this Section shall be set apart in a separate fund by the district treasurer and shall be used only for the purposes set forth in this Section. The corporate authorities of the district shall provide for the levy of a direct annual tax upon all the taxable property in the district, sufficient to pay and discharge the principal of the bonds at maturity and to pay the interest thereon as it falls due. This tax shall be levied and collected in like manner with the general taxes of the forest preserve district and shall be in addition to the maximum of all other taxes and tax rates that the district is or may be authorized to levy. (70 ILCS 810/42) (from Ch. 96 1/2, par. 6445) Sec. 42. For the purpose of making capital improvements and major repairs in connection with a zoological park, the corporate authorities of the forest preserve district in which such park is maintained may from time to time incur an indebtedness and issue bonds therefor
267 [May 30, 2001] than the maximum rate provided by law and may mature up to 30 years from the date thereof. A resolution authorizing the issuance of bonds under this Section may be made effective without the submission thereof to the voters of the district for approval. All moneys received from the issuance of bonds as provided in this Section shall be set apart in a separate fund by the district treasurer and shall be used only for the purposes set forth in this Section. The corporate authorities of such district shall provide for the levy of a direct annual tax upon all the taxable property in such district, sufficient to pay and discharge the principal of such bonds at maturity and to pay the interest thereon as it falls due. This tax shall be levied and collected in like manner with the general taxes of the forest preserve district and shall be in addition to the maximum of all other taxes and tax rates which the district is or may be authorized to levy. (Source: P.A. 89-449, eff. 6-1-96.) (70 ILCS 810/44.1) (from Ch. 96 1/2, par. 6447.1) Sec. 44.1. For the purpose of making capital improvements in connection with botanical gardens, the corporate authorities of the forest preserve district in which such gardens are maintained may incur an indebtedness and issue bonds therefor in amounts not exceeding in the aggregate $32,000,000
[May 30, 2001] 268 management. The District may enter into agreements with responsible agencies in adjoining counties for the purpose of accommodating planning activities on a watershed basis. The District may enter into intergovernmental agreements with Cook County or other units of local government that are located in whole or in part outside the District for the purpose of implementing the stormwater management plan and providing stormwater management services in areas not included within the territory of the District. (c) The District shall prepare and adopt by ordinance a countywide stormwater management plan for Cook County. The countywide plan may incorporate one or more separate watershed plans. Prior to adopting the countywide stormwater management plan, the District shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard. (d) The District may prescribe by ordinance reasonable rules and regulations for floodplain and stormwater management and for governing the location, width, course, and release rate of all stormwater runoff channels, streams, and basins in Cook County, in accordance with the adopted stormwater management plan. These rules and regulations shall, at a minimum, meet the standards for floodplain management established by the Office of Water Resources of the Department of Natural Resources and the requirements of the Federal Emergency Management Agency for participation in the National Flood Insurance Program. (e) The District may impose fees on areas outside the District but within Cook County to mitigate the effects of increased stormwater runoff resulting from new development. The fees shall not exceed the cost of satisfying the onsite stormwater retention or detention requirements of the adopted stormwater management plan. The fees shall be used to finance activities undertaken by the District or units of local government within the District to mitigate the effects of urban stormwater runoff by providing regional stormwater retention or detention facilities, as identified in the plan. All such fees collected by the District shall be held in a separate fund. (f) Amounts realized from the tax levy for stormwater management purposes authorized in Section 12 may be used by the District for implementing this Section and for the development, design, planning, construction, operation, and maintenance of regional stormwater facilities provided for in the stormwater management plan. The proceeds of any tax imposed under Section 12 for stormwater management purposes and any revenues generated as a result of the ownership or operation of facilities or land acquired with the proceeds of taxes imposed under Section 12 for stormwater management purposes shall be held in a separate fund and used either for implementing this Section or to abate those taxes. (g) The District may plan, implement, finance, and operate regional stormwater management projects in accordance with the adopted countywide stormwater management plan. The District shall provide for public review and comment on proposed stormwater management projects. The District shall conform to State and federal requirements concerning public information, environmental assessments, and environmental impacts for projects receiving State or federal funds. The District may issue bonds under Section 9.6a of this Act for the purpose of funding stormwater management projects. The District shall not use Cook County Forest Preserve District land for stormwater or flood control projects without the consent of the Forest Preserve District. (h) Upon the creation and implementation of a county stormwater management plan, the District may petition the circuit court to
269 [May 30, 2001] dissolve any or all drainage districts created pursuant to the Illinois Drainage Code or predecessor Acts that are located entirely within the District. However, any active drainage district implementing a plan that is consistent with and at least as stringent as the county stormwater management plan may petition the District for exception from dissolution. Upon filing of the petition, the District shall set a date for hearing not less than 2 weeks, nor more than 4 weeks, from the filing thereof, and the District shall give at least one week's notice of the hearing in one or more newspapers of general circulation within the drainage district, and in addition shall cause a copy of the notice to be personally served upon each of the trustees of the drainage district. At the hearing, the District shall hear the drainage district's petition and allow the drainage district trustees and any interested parties an opportunity to present oral and written evidence. The District shall render its decision upon the petition for exception from dissolution based upon the best interests of the residents of the drainage district. In the event that the exception is not allowed, the drainage district may file a petition with the circuit court within 30 days of the decision. In that case, the notice and hearing requirements for the court shall be the same as provided in this subsection for the petition to the District. The court shall render its decision of whether to dissolve the district based upon the best interests of the residents of the drainage district. The dissolution of a drainage district shall not affect the obligation of any bonds issued or contracts entered into by the drainage district nor invalidate the levy, extension, or collection of any taxes or special assessments upon the property in the former drainage district. All property and obligations of the former drainage district shall be assumed and managed by the District, and the debts of the former drainage district shall be discharged as soon as practicable. If a drainage district lies only partly within the District, the District may petition the circuit court to disconnect from the drainage district that portion of the drainage district that lies within the District. The property of the drainage district within the disconnected area shall be assumed and managed by the District. The District shall also assume a portion of the drainage district's debt at the time of disconnection, based on the portion of the value of the taxable property of the drainage district which is located within the area being disconnected. A drainage district that continues to exist within Cook County shall conform its operations to the countywide stormwater management plan. (i) The District may assume responsibility for maintaining any stream within Cook County. (j) The District may, after 10 days written notice to the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting stormwater facilities or causing the removal of any obstruction to an affected watercourse. The District shall be responsible for any damages occasioned thereby. (k) The District shall report to the public annually on its activities and expenditures under this Section and the adopted countywide stormwater management plan. (l) The powers granted to the District under this Section are in addition to the other powers granted under this Act. This Section does not limit the powers of the District under any other provision of this Act or any other law. (m) This Section does not affect the power or duty of any unit of local government to take actions relating to flooding or stormwater, so
[May 30, 2001] 270 long as those actions conform with this Section and the plans, rules, and ordinances adopted by the District under this Section. A home rule unit located in whole or in part in Cook County (other than a municipality with a population over 1,000,000) may not regulate stormwater management or planning in Cook County in a manner inconsistent with this Section or the plans, rules, and ordinances adopted by the District under this Section; provided, within a municipality with a population over 1,000,000, the stormwater management planning program of Cook County shall be conducted by that municipality or, to the extent provided in an intergovernmental agreement between the municipality and the District, by the District pursuant to this Section; provided further that the power granted to such municipality shall not be inconsistent with existing powers of the District. Pursuant to paragraph (i) of Section 6 of Article VII of the Illinois Constitution, this Section specifically denies and limits the exercise of any power that is inconsistent with this Section by a home rule unit that is a county with a population of 1,500,000 or more or is located, in whole or in part, within such a county, other than a municipality with a population over 1,000,000. (70 ILCS 2605/12) (from Ch. 42, par. 332) Sec. 12. The board of commissioners annually may levy taxes for corporate purposes upon property within the territorial limits of such sanitary district, the aggregate amount of which, exclusive of the amount levied for (a) the payment of bonded indebtedness and the interest on bonded indebtedness (b) employees' annuity and benefit purposes (c) construction purposes, and (d) for the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such sanitary district under the Workers' Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, and for the repair or replacement of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or manmade, shall not exceed the sum produced by extending the rate of .46% for each of the years
271 [May 30, 2001] assessed and equalized for the county taxes for the year in which the levy is made and said board shall cause the amount to be raised by taxation in each year to be certified to the county clerk on or before the thirtieth day of March; provided, however, that if during the budget year the General Assembly authorizes an increase in such rates, the board of commissioners may adopt a supplemental levy and shall make such certification to the County Clerk on or before the thirtieth day of December. For the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments or liabilities which might be imposed on such sanitary district under the Workers' Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, and for the repair or replacement, where the cost thereof exceeds the sum of $10,000, of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or man-made, such sanitary district may also levy annually upon all taxable property within its territorial limits a tax not to exceed .005% of the assessed valuation of said taxable property as equalized and determined for State and local taxes; provided, however, the aggregate amount which may be accumulated in such reserve fund shall not exceed .05% of such assessed valuation. All taxes so levied and certified shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officer collecting the same to the treasurer of the sanitary district, in the manner and at the time provided by the general revenue law. No part of the taxes hereby authorized shall be used by such sanitary district for the construction of permanent, fixed, immovable bridges across any channel constructed under the provisions of this Act. All bridges built across such channel shall not necessarily interfere with or obstruct the navigation of such channel, when the same becomes a navigable stream, as provided in Section 24 of this Act, but such bridges shall be so constructed that they can be raised, swung or moved out of the way of vessels, tugs, boats or other water craft navigating such channel. Nothing in this Act shall be so construed as to compel said district to maintain or operate said bridges, as movable bridges, for a period of 9 years from and after the time when the water has been turned into said channel pursuant to law, unless the needs of general navigation of the Des Plaines and Illinois Rivers, when connected by said channel, sooner require it. In levying taxes the board of commissioners, in order to produce the net amount required by the levies for payment of bonds and interest thereon, shall include an amount or rate estimated to be sufficient to cover losses in collection of taxes, the cost of collecting taxes, abatements in the amount of such taxes as extended on the collector's books and the amount of such taxes collection of which will be deferred; the amount so added for the purpose of producing the net amount required shall not exceed any applicable maximum tax rate or amount. (Source: P.A. 84-630.) Section 99. Effective date. This Act takes effect upon becoming law.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 7 was adopted and the bill, as amended, was held on the order of Second
[May 30, 2001] 272 Reading. HOUSE BILLS ON SECOND READING HOUSE BILL 2703. Having been read by title a second time on April 4, 2001, and held on the order of Second Reading, the same was again taken up. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 1 TO HOUSE BILL 2703 AMENDMENT NO. 1. Amend House Bill 2703 by replacing the title with the following: "AN ACT in relation to public employee benefits."; and by replacing everything after the enacting clause with the following: "Section 5. The Illinois Pension Code is amended by changing Sections 2-123 and 14-105.1 as follows: (40 ILCS 5/2-123) (from Ch. 108 1/2, par. 2-123) Sec. 2-123. Refunds. (a) A participant who ceases to be a member, other than an annuitant, shall, upon written request, receive a refund of his or her total contributions, without interest. The refund shall include the additional contributions for the automatic increase in retirement annuity. By accepting the refund, a participant forfeits all accrued rights and benefits in the System and loses credit for all service. However, if he or she again becomes a member, he or she may resume status as a participant and reestablish any forfeited service credit by paying to the System the full amount refunded, together with interest at 4% per annum from the time the refund is paid to the date the member again becomes a participant. A former member of the General Assembly may reestablish any service credit forfeited by acceptance of a refund by paying to the System
273 [May 30, 2001] contributions made by the participant for retirement and survivor's annuity, without interest, over the total amount of retirement and survivor's annuity payments received by the participant and the participant's survivors shall be refunded upon request: (i) if there was a surviving spouse of the deceased participant who was eligible for a survivor's annuity, to the designated beneficiary of that spouse or, if the designated beneficiary is deceased or there is no designated beneficiary, to that spouse's estate; (ii) if there was no eligible surviving spouse of the deceased participant, to the designated beneficiary of the deceased participant or, if the designated beneficiary is deceased or there is no designated beneficiary, to the deceased participant's estate. (e) Upon the death of a participant, if a survivor's annuity is not payable under this Article, a beneficiary designated by the participant shall be entitled to a refund of all contributions made by the participant. If the participant has not designated a refund beneficiary, the surviving spouse shall be entitled to the refund of contributions; if there is no surviving spouse, the contributions shall be refunded to the participant's surviving children, if any, and if no children survive, the refund payment shall be made to the participant's estate. (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.) (40 ILCS 5/14-105.1) (from Ch. 108 1/2, par. 14-105.1) Sec. 14-105.1. General Assembly. (a) Any active
[May 30, 2001] 274 amount equal to the contributions he would have made if he had elected to participate, plus regular interest to the date of payment. (c) An active or former
275 [May 30, 2001] IN SENATE AMENDMENT/S TO HOUSE BILLS Senate Amendments numbered 1 and 2 to HOUSE BILL 418, having been printed, were taken up for consideration. Representative Morrow moved that the House refuse to concur with the Senate in the adoption of Senate Amendments numbered 1 and 2. The motion prevailed. Ordered that the Clerk inform the Senate. 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 Daniels, SENATE BILL 188 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 36) 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 THIRD READING CONSIDERATION POSTPONED 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). SENATE BILL 267. Having been read by title a third time earlier today, and further consideration postponed, the same was again taken up. Representative Jerry Mitchell moved the passage of SENATE BILL 267. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 97, Yeas; 5, Nays; 14, Answering Present. (ROLL CALL 37) 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 Elementary & Secondary Education on May 23, 2001, HOUSE JOINT RESOLUTION 37 was taken up for consideration. The following Amendment was offered in the Committee on Elementary & Secondary Education, adopted and printed. AMENDMENT NO. 1 TO HOUSE JOINT RESOLUTION 37 AMENDMENT NO. 1. Amend House Joint Resolution 37 by replacing everything after the title with the following:
[May 30, 2001] 276 "WHEREAS, In 1980, the General Assembly authorized the Teachers' Retirement System of the State of Illinois (TRS) to establish a health insurance program for benefit recipients and their dependents, with annuitants paying 50% of the cost; and WHEREAS, In 1991, the General Assembly authorized TRS to increase the subsidy from 50% to 75% to achieve closer parity with State retirees' health insurance premiums; and WHEREAS, In 1995, the General Assembly transferred the health insurance program from TRS to the State of Illinois, to be administered by the Department of Central Management Services (CMS), and established the Teachers' Retirement Insurance Program (TRIP); and WHEREAS, The General Assembly reduced the premium subsidy for the traditional indemnity plan from 75% to 50%; and WHEREAS, The General Assembly mandated that active teachers pay 0.50% of their salary to help finance the CMS program; and WHEREAS, The General Assembly mandated the State of Illinois to match the contributions of the active teachers to help finance the CMS program; and WHEREAS, The Illinois Economic and Fiscal Commission reported in November of 2000 that current revenues would not be able to fund the current TRIP, with a shortfall of $9.3 million by the end of fiscal year 2002; and WHEREAS, The Illinois Economic and Fiscal Commission updated its report in April of 2001, increasing the shortfall to $37.6 million by the end of fiscal year 2002; and WHEREAS, TRS has hired a health insurance actuary to provide an independent review of the current TRIP funding status and an analysis of TRIP's projected financial needs, along with possible alternative scenarios; and WHEREAS, The Illinois Economic and Fiscal Commission identified 4 possible funding sources for increasing TRIP funding: retiree premiums, active teacher contributions, State contributions, and a new contribution requirement for school districts; and WHEREAS, CMS has proposed an increase to 70% for annuitant and dependent premiums; and WHEREAS, The State's public education system encompasses downstate and suburban as well as Chicago public schools; and WHEREAS, The General Assembly has declared that it is its goal and intention to contribute to the Public School Teachers' Pension and Retirement Fund of Chicago an amount that is between 20% and 30% of the State's annual funding for the downstate and suburban Teachers' Retirement System (found in the Illinois Compiled Statutes at 40 ILCS 5/17-127); and WHEREAS, This statutory funding directive is founded upon both historical practice and equitable principles; and WHEREAS, During the current fiscal year, the State is contributing to the Public School Teachers' Pension and Retirement Fund of Chicago an amount only equal to 9% of the funding provided to the Teachers' Retirement System, and far below the minimum statutory goal; and WHEREAS, For equitable reasons, as well as reasons of financial need, the State's underfunding of the Public School Teachers' Pension and Retirement Fund of Chicago is an issue that should be addressed and corrected; and WHEREAS, It is therefore appropriate to consider the funding concerns of TRIP in the context of the funding needs of the Public School Teachers' Pension and Retirement Fund of Chicago; 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 the Governor reduce the 70% proposal by the Department of
277 [May 30, 2001] Central Management Services to a level similar to previous years' increases; and be it further RESOLVED, That a TRIP Funding and Chicago Teachers' Retirement System Task Force be established, composed of 3 members appointed by the President of the Senate, 3 members appointed by the Minority Leader of the Senate, 3 members appointed by the Speaker of the House, 3 members appointed by the Minority Leader of the House, one member appointed by the Illinois Retired Teachers Association, one member appointed by the Illinois Education Association, one member appointed by the Illinois Federation of Teachers, one member appointed by the Chicago Teachers Union, 2 members appointed by the Chicago Board of Education, 2 members appointed by the Illinois Statewide School Management Alliance, and the Director of Central Management Services or his or her designee, to study the current funding shortfall of TRIP as well as the financial and equitable needs of the Public School Teachers' Pension and Retirement Fund of Chicago for additional State funding, and to report its recommendations on a solution to the General Assembly on or before November 1, 2001; and be it further RESOLVED, That suitable copies of this resolution be delivered to the Governor, the Illinois Retired Teachers Association, the Illinois Education Association, the Illinois Federation of Teachers, the Chicago Teachers' Union, the Chicago Board of Education, the Illinois Statewide School Management Alliance, and the Director of Central Management Services.". Representative Hannig moved the adoption of the resolution, as amended. And on that motion, a vote was taken resulting as follows: 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 38) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate and ask their concurrence. Having been reported out of the Committee on Rules on May 29, 2001, SENATE JOINT RESOLUTION 28 was taken up for consideration. Representative Giles moved the adoption of the resolution. And on that motion, a vote was taken resulting as follows: 84, Yeas; 33, Nays; 0, Answering Present. (ROLL CALL 39) The motion prevailed and the Resolution was adopted. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 264. Having been read by title a second time earlier today, and held on the order of Second Reading, the same was again taken up. Represenative Winkel offered the following amendment and moved its adoption: AMENDMENT NO. 3 TO SENATE BILL 264 AMENDMENT NO. 3. Amend Senate Bill 264 by replacing everything after the enacting clause with the following: "Section 5. If and only if House Bill 1096 of the 92nd General Assembly (as amended by Senate Amendments Nos. 1 and 2) becomes law, the School Code is amended by changing Sections 13B-20.30 and 13B-30.15 as follows: (105 ILCS 5/13B-20.30)
[May 30, 2001] 278 Sec. 13B-20.30. Location of program. No alternative learning opportunities program may be established at a facility separate from the regular school setting unless the school district presents information in its district plan showing that the use of a separate facility is in the educational interests of the participating students.
279 [May 30, 2001] 117, Yeas; 0, Nays; 0, Answering Present. (ROLL CALL 41) The motion prevailed. Ordered that the Clerk inform the Senate. SENATE BILLS ON SECOND READING SENATE BILL 385. Having been read by title a second time on May 16, 2001, 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 385 AMENDMENT NO. 1. Amend Senate Bill 385 by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Sections 3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, and 5-1113 as follows: (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) (Text of Section before amendment by P.A. 91-893) Sec. 3-5018. Fees. The recorder elected as provided for in this Division shall receive such fees as are or may be provided for him by law, in case of provision therefor: otherwise he shall receive the same fees as are or may be provided in this Section, except when increased by county ordinance pursuant to the provisions of this Section, to be paid to the county clerk for his services in the office of recorder for like services. No filing fee shall be charged for providing informational copies of financing statements to the recorder pursuant to subsection (8) of Section 9-403 of the Uniform Commercial Code. For recording deeds or other instruments $12 for the first 4 pages thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted. The aggregate minimum fee for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description a fee of $1 in addition to that hereinabove referred to for each document number therein noted. For recording assignments of mortgages, leases or liens $12 for the first 4 pages thereof, plus $1 for each additional page thereof. However, except for leases and liens pertaining to oil, gas and other minerals, whenever a mortgage, lease or lien assignment assigns more than one mortgage, lease or lien document, a $7 fee shall be charged for the recording of each such mortgage, lease or lien document after the first one. For recording maps or plats of additions or subdivisions approved by the county or municipality (including the spreading of the same of record in map case or other proper books) or plats of condominiums $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12. In each county where such maps or plats are to be recorded, the recorder may require the same to be accompanied by such number of exact, true and legible copies thereof as the recorder deems necessary for the efficient conduct and operation of his office. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $10.
[May 30, 2001] 280 Each certificate of such recorder of the recording of the deed or other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee. (2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly. (3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations. (4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner. (5) The document shall not have any attachment stapled or otherwise affixed to any page. A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995. The county board of any county may by resolution provide for an additional charge of $3 for filing every instrument, paper, or notice for record, in order to defray the cost of the county recorder's operations relating to computer, micrographics, or any other means of automation of books and records.
281 [May 30, 2001] Information System. The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4. The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff. 1-1-01.) (Text of Section after amendment by P.A. 91-893) Sec. 3-5018. Fees. The recorder elected as provided for in this Division shall receive such fees as are or may be provided for him by law, in case of provision therefor: otherwise he shall receive the same fees as are or may be provided in this Section, except when increased by county ordinance pursuant to the provisions of this Section, to be paid to the county clerk for his services in the office of recorder for like services. For recording deeds or other instruments $12 for the first 4 pages thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted. The aggregate minimum fee for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description a fee of $1 in addition to that hereinabove referred to for each document number therein noted. For recording assignments of mortgages, leases or liens $12 for the first 4 pages thereof, plus $1 for each additional page thereof. However, except for leases and liens pertaining to oil, gas and other minerals, whenever a mortgage, lease or lien assignment assigns more than one mortgage, lease or lien document, a $7 fee shall be charged for the recording of each such mortgage, lease or lien document after the first one. For recording maps or plats of additions or subdivisions approved by the county or municipality (including the spreading of the same of record in map case or other proper books) or plats of condominiums $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12. In each county where such maps or plats are to be recorded, the recorder may require the same to be accompanied by such number of exact, true and legible copies thereof as the recorder deems necessary for the efficient conduct and operation of his office. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $10. Each certificate of such recorder of the recording of the deed or
[May 30, 2001] 282 other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee. (2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly. (3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations. (4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner. (5) The document shall not have any attachment stapled or otherwise affixed to any page. A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995. The county board of any county may by resolution provide for an additional charge of $3 for filing every instrument, paper, or notice for record, in order to defray the cost of the county recorder's operations relating to computer, micrographics, or any other means of automation of books and records.
283 [May 30, 2001] recorder's special funds created under Section 3-5005.4. The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) Sec. 3-5036. Records open to inspection. All records, indices, abstract and other books kept in the office of any recorder, and all instruments filed therein and all instruments deposited or left for recordation therein shall, during the office hours, be open for public inspection and examination; and all persons shall have free access for inspection and examination to such records, indices, books and instruments, which the recorders shall be bound to exhibit to those who wish to inspect or examine the same; and all persons shall have the right to take memoranda and abstracts thereof without fee or reward. This Section is subject to the provisions of "The Local Records Act". Records, indices, abstracts, and other books kept in the office of the recorder, and all instruments filed, deposited, or left there for recordation, may be made available on a Web site maintained by the county recorder on the World Wide Web. Making records available on the World Wide Web does not alter or satisfy any duties of the county recorder to keep, maintain, or otherwise make available records of the office as required by law. The county recorder may make these records available in a format which enables greater access, use, and searchability of these records as a value-added service. If authorized by resolution of the county board, a reasonable fee may be assessed against any person who may access or copy records using value-added services of a World Wide Web site maintained by the county recorder. The county recorder may also charge any fee for accessing or copying records that would customarily be charged to a person accessing or copying these records while at the office of the county recorder. (Source: P.A. 86-962.) (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) Sec. 4-2002.1. State's attorney fees in counties of 3,000,000 or more population. This Section applies
[May 30, 2001] 284 abuse, kidnapping, arson and forgery, $60. All other cases punishable by imprisonment in the penitentiary, $60. For each conviction in other cases tried before judges of the circuit court, $30; except that if the conviction is in a case which may be assigned to an associate judge, whether or not it is in fact assigned to an associate judge, the fee shall be $20. For preliminary examinations for each defendant held to bail or recognizance, $20. For each examination of a party bound over to keep the peace, $20. For each defendant held to answer in a circuit court on a charge of paternity, $20. For each trial on a charge of paternity, $60. For each case of appeal taken from his county or from the county to which a change of venue is taken to his county to the Supreme or Appellate Court when prosecuted or defended by him, $100. For each day actually employed in the trial of a case, $50; in which case the court before whom the case is tried shall make an order specifying the number of days for which a per diem shall be allowed. For each day actually employed in the trial of cases of felony arising in their respective counties and taken by change of venue to another county, $50; and the court before whom the case is tried shall make an order specifying the number of days for which said per diem shall be allowed; and it is hereby made the duty of each State's attorney to prepare and try each case of felony arising when so taken by change of venue. For assisting in a trial of each case on an indictment for felony brought by change of venue to their respective counties, the same fees they would be entitled to if such indictment had been found for an offense committed in his county, and it shall be the duty of the State's attorney of the county to which such cause is taken by change of venue to assist in the trial thereof. For each case of forfeited recognizance where the forfeiture is set aside at the instance of the defense, in addition to the ordinary costs, $20 for each defendant. For each proceeding in a circuit court to inquire into the alleged mental illness of any person, $20 for each defendant. For each proceeding in a circuit court to inquire into the alleged dependency or delinquency of any child, $20. For each day actually employed in the hearing of a case of habeas corpus in which the people are interested, $50. All the foregoing fees shall be taxed as costs to be collected from the defendant, if possible, upon conviction. But in cases of inquiry into the mental illness of any person alleged to be mentally ill, in cases on a charge of paternity and in cases of appeal in the Supreme or Appellate Court, where judgment is in favor of the accused, the fees allowed the State's attorney therein shall be retained out of the fines and forfeitures collected by them in other cases. Ten per cent of all moneys except revenue, collected by them and paid over to the authorities entitled thereto, which per cent together with the fees provided for herein that are not collected from the parties tried or examined, shall be paid out of any fines and forfeited recognizances collected by them, provided however, that in proceedings to foreclose the lien of delinquent real estate taxes State's attorneys shall receive a fee, to be credited to the earnings of their office, of 10% of the total amount realized from the sale of real estate sold in such proceedings. Such fees shall be paid from the total amount realized from the sale of the real estate sold in such proceedings. State's attorneys shall have a lien for their fees on all judgments for fines or forfeitures procured by them and on moneys except revenue received by them until such fees and earnings are fully paid.
285 [May 30, 2001] No fees shall be charged on more than 10 counts in any one indictment or information on trial and conviction; nor on more than 10 counts against any one defendant on pleas of guilty. The Circuit Court may direct that of all monies received, by restitution or otherwise, which monies are ordered paid to the Department of Public Aid or the Department of Human Services (acting as successor to the Department of Public Aid under the Department of Human Services Act) as a direct result of the efforts of the State's attorney and which payments arise from Civil or Criminal prosecutions involving the Illinois Public Aid Code or the Criminal Code, the following amounts shall be paid quarterly by the Department of Public Aid or the Department of Human Services to the General Corporate Fund of the County in which the prosecution or cause of action took place: (1) where the monies result from child support obligations, not less than 25% of the federal share of the monies received, (2) where the monies result from other than child support obligations, not less than 25% of the State's share of the monies received. (b) A municipality shall be entitled to a $10 prosecution fee for each conviction for a violation of the Illinois Vehicle Code prosecuted by the municipal attorney pursuant to Section 16-102 of that Code which is tried before a circuit or associate judge and shall be entitled to a $10 prosecution fee for each conviction for a violation of a municipal vehicle ordinance prosecuted by the municipal attorney which is tried before a circuit or associate judge. Such fee shall be taxed as costs to be collected from the defendant, if possible, upon conviction. A municipality shall have a lien for such prosecution fees on all judgments or fines procured by the municipal attorney from prosecutions for violations of the Illinois Vehicle Code and municipal vehicle ordinances. For the purposes of this subsection (b), "municipal vehicle ordinance" means any ordinance enacted pursuant to Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois Municipal Code or any ordinance enacted by a municipality which is similar to a provision of Chapter 11 of the Illinois Vehicle Code. (Source: P.A. 89-507, eff. 7-1-97.) (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) Sec. 4-4001. County Clerks; counties of first and second class. The fees of the county clerk in counties of the first and second class, except when increased by county ordinance pursuant to the provisions of this Section, shall be: For each official copy of any process, file, record or other instrument of and pertaining to his office, 50¢ for each 100 words, and $1 additional for certifying and sealing the same. For filing any paper not herein otherwise provided for, $1, except that no fee shall be charged for filing a Statement of economic interest pursuant to the Illinois Governmental Ethics Act or reports made pursuant to Article 9 of The Election Code. For issuance of fireworks permits, $2. For issuance of liquor licenses, $5. For filing and recording of the appointment and oath of each public official, $3. For officially certifying and sealing each copy of any process, file, record or other instrument of and pertaining to his office, $1. For swearing any person to an affidavit, $1. For issuing each license in all matters except where the fee for the issuance thereof is otherwise fixed, $4. For issuing each marriage license, the certificate thereof, and for recording the same, including the recording of the parent's or guardian's consent where indicated, $15.
[May 30, 2001] 286 For taking and certifying acknowledgments to any instrument, except where herein otherwise provided for, $1. For issuing each certificate of appointment or commission, the fee for which is not otherwise fixed by law, $1. For cancelling tax sale and issuing and sealing certificates of redemption, $3. For issuing order to county treasurer for redemption of forfeited tax, $2. For trying and sealing weights and measures by county standard, together with all actual expenses in connection therewith, $1. For services in case of estrays, $2. The following fees shall be allowed for services attending the sale of land for taxes, and shall be charged as costs against the delinquent property and be collected with the taxes thereon: For services in attending the tax sale and issuing certificate of sale and sealing the same, for each tract or town lot sold, $4. The County Board of any county of the first or second class may by resolution authorize the County Clerk to impose an additional $10 charge for issuing each certificate of sale for the sole purpose of defraying the cost of converting the County Clerk's tax extension and redemption system to computers and micrographics and for maintaining this system. The County Board of any county of the first or second class may by resolution authorize the County Treasurer to establish a special fund for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material, and necessary expenses incurred to help defray the cost of implementing and maintaining the tax extension and redemption system. For making list of delinquent lands and town lots sold, to be filed with the Comptroller, for each tract or town lot sold, 10¢.
287 [May 30, 2001] collected from any officer, agency, department, or other instrumentality of the State. The county board may, however, by resolution, increase the fees allowed by this Section and collect these increased fees from all persons and entities other than officers, agencies, departments, and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A Statement of the costs of providing each service, program, and activity shall be prepared by the county board. All supporting documents shall be public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity. The county clerk in all cases may demand and receive the payment of all service fees in advance so far as these fees can be ascertained in advance. (Source: P.A. 86-962.) (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003) Sec. 4-12003. Fees of county clerk in third class counties. The fees of the county clerk in counties of the third class are: For issuing each marriage license, sealing, filing and recording the same and the certificate thereto (one charge), $30. For taking, certifying to and sealing the acknowledgment of a deed, power of attorney, or other writing, $1. For filing and entering certificates in case of estrays, and furnishing notices for publication thereof (one charge), $1.50. For recording all papers and documents required by law to be recorded in the office of the county clerk, $2 plus 30¢ for every 100 words in excess of 600 words. For certificate and seal, not in a case in a court whereof he is clerk, $1. For making and certifying a copy of any record or paper in his office, $2 for every page. For filing papers in his office, 50¢ for each paper filed, except that no fee shall be charged for filing a Statement of economic interest pursuant to the Illinois Governmental Ethics Act or reports made pursuant to Article 9 of The Election Code. For making transcript of taxable property for the assessors, 8¢ for each tract of land or town lot. For extending other than State and county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each person's personal tax, to be paid by the authority for whose benefit the transcript is made and the taxes extended. The county clerk shall certify to the county collector the amount due from each authority for such services and the collector in his settlement with such authority shall reserve such amount from the amount payable by him to such authority. For adding and bringing forward with current tax warrants amounts due for forfeited or withdrawn special assessments, 8¢ for each lot or tract of land described and transcribed. For computing and extending each assessment or installment thereof and interest, 8¢ on each description; and for computing and extending each penalty, 8¢ on each description. These fees shall be paid by the city, village, or taxing body for whose benefit the transcript is made and the assessment and penalties are extended. The county clerk shall certify to the county collector the amount due from each city, village or taxing body, for such services, and the collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such city, village or other taxing body. For cancelling certificates of sale, $4 for each tract or lot.
[May 30, 2001] 288 For making search and report of general taxes and special assessments for use in the preparation of estimate of cost of redemption from sales or forfeitures or withdrawals or for use in the preparation of estimate of cost of purchase of forfeited property, or for use in preparation of order on the county collector for searches requested by buyers at annual tax sale, for each lot or tract, $4 for the first year searched, and $2 for each additional year or fraction thereof. For preparing from tax search report estimate of cost of redemption concerning property sold, forfeited or withdrawn for non-payment of general taxes and special assessments, if any, $1 for each lot or tract. For certificate of deposit for redemption, $4. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non-payment of general taxes, $3 for each lot or tract. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non-payment of special assessments, $4 for each lot or tract. For issuing certificate of sale of forfeited property, $10. For noting on collector's warrants tax sales subject to redemption, 20¢ for each tract or lot of land, to be paid by either the person making the redemption from tax sale, the person surrendering the certificate of sale for cancellation, or the person taking out tax deed. For noting on collector's warrant special assessments withdrawn from collection 20¢ for each tract or lot of land, to be charged against the lot assessed in the withdrawn special assessment when brought forward with current tax or when redeemed by the county clerk. The county clerk shall certify to the county collector the amount due from each city, village or taxing body for such fees, each year, and the county collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such taxing body. For taking and approving official bond of a town assessor, filing and recording same, and issuing certificate of election or qualification to such official or to the Secretary of State, $10, to be paid by the officer-elect. For certified copies of plats, 20¢ for each lot shown in copy, but no charge less than $4. For tax search and issuing Statement regarding same on new plats to be recorded, $10. For furnishing written description in conformity with permanent real estate index number, $2 for each written description. The following fees shall be allowed for services in matters of taxes and assessments, and shall be charged as costs against the delinquent property, and collected with the taxes thereon: For entering judgment, 8¢ for each tract or lot. For services in attending the tax sale and issuing certificates of sale and sealing the same, $10 for each tract or lot. The County Board may by resolution authorize the County Clerk to impose an additional $10 charge for issuing each certificate of sale for the sole purpose of defraying the cost of converting the County Clerk's tax extension and redemption system to computers and micrographics and for maintaining this system. The County Board may by resolution authorize the County Treasurer to establish a special fund for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material, and necessary expenses incurred to help defray the cost of implementing and maintaining the tax extension and
289 [May 30, 2001] redemption system. For making list of delinquent lands and town lots sold, to be filed with the State Comptroller, 10¢ for each tract or lot sold. The following fees shall be audited and allowed by the board of county commissioners and paid from the county treasury. For computing State or county taxes, on each description of real estate and each person's, firm's or corporation's personal property tax, for each extension of each tax, 4¢, which shall include the transcribing of the collector's books. For computing, extending and bringing forward, and adding to the current tax, the amount due for general taxes on lands and lots previously forfeited to the State, for each extension of each tax, 4¢ for the first year, and for computing and extending the tax and penalty for each additional year, 6¢. For making duplicate or triplicate sets of books, containing transcripts of taxable property, for the board of assessors and board of review, 3¢ for each description entered in each book. For filing, indexing and recording or binding each birth, death or stillbirth certificate or report, 15¢, which fee shall be in full for all services in connection therewith, including the keeping of accounts with district registrars. For posting new subdivisions or plats in official atlases, 25¢ for each lot. For compiling new sheets for atlases, 20¢ for each lot. For compiling new atlases, including necessary record searches, 25¢ for each lot. For investigating and reporting on each new plat, referred to county clerk, $2. For attending sessions of the board of county commissioners thereof, $5 per day, for each clerk in attendance. For recording proceedings of the board of county commissioners, 15¢ per 100 words. For filing papers which must be kept in office of comptroller of Cook County, 10¢ for each paper filed. For filing and indexing contracts, bonds, communications, and other such papers which must be kept in office of comptroller of Cook County, 15¢ for each document. For swearing any person to necessary affidavits relating to the correctness of claims against the county, 25¢. For issuing warrants in payment of salaries, supplies and other accounts, and all necessary auditing and bookkeeping work in connection therewith, 10¢ each. The fee requirements of this Section do not apply to units of local government or school districts. (Source: P.A. 86-962; 87-669.) (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113) Sec. 5-1113. Ordinance and rules to execute powers; limitations on punishments. The county board may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to counties, with such fines or penalties as may be deemed proper except where a specific provision for a fine or penalty is provided by law. No fine or penalty, however, except civil penalties provided for failure to make returns or to pay any taxes levied by the county shall exceed $750
[May 30, 2001] 290 paid in advance, except as otherwise provided, and shall be as provided in this Section. However, counties having a population of 80,000 or more inhabitants but not more than 180,000 inhabitants may by resolution of the county board provide for increased fee amounts up to the maximums listed in Section 27.2 of this Act. In the absence of such a county board resolution, the fees shall be as follows: (a) Civil Cases. (1) All civil cases except as otherwise provided........................................... $40 (2) Judicial Sales (except Probate).......... $40 (b) Family. (1) Commitment petitions under the Mental Health and Developmental Disabilities Code, filing transcript of commitment proceedings held in another county, and cases under the Juvenile Court Act of 1987........................................ $25 (2) Petition for Marriage Licenses........... $10 (3) Marriages in Court....................... $10 (4) Paternity................................ $40 (c) Criminal and Quasi-Criminal. (1) Each person convicted of a felony........ $40 (2) Each person convicted of a misdemeanor, leaving scene of an accident, driving while intoxicated, reckless driving or drag racing, driving when license revoked or suspended, overweight, or no interstate commerce certificate, or when the disposition is court supervision....... $25 (3) Each person convicted of a business offense............................................ $25 (4) Each person convicted of a petty offense. $25 (5) Minor traffic, conservation, or ordinance violation, including without limitation when the disposition is court supervision: (i) For each offense.................... $10 (ii) For each notice sent to the defendant's last known address pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....................................... $2 (iii) For each notice sent to the Secretary of State pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....... $2 (6) When Court Appearance required........... $15 (7) Motions to vacate or amend final orders.. $10 (8) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (d) Other Civil Cases. (1) Money or personal property claimed does not exceed $500.................................... $10 (2) Exceeds $500 but not more than $10,000... $25
291 [May 30, 2001] (3) Exceeds $10,000, when relief in addition to or supplemental to recovery of money alone is sought in an action to recover personal property taxes or retailers occupational tax regardless of amount claimed..................................... $45 (4) The Clerk of the Circuit Court shall be entitled to receive, in addition to other fees allowed by law, the sum of $62.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain, and in every equitable action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing his jury demand. If such a fee is not paid by either party, no jury shall be called in the action, suit, or proceeding, and the same shall be tried by the court without a jury. (e) Confession of judgment and answer. (1) When the amount does not exceed $1,000... $20 (2) Exceeds $1,000........................... $40 (f) Auxiliary Proceedings. Any auxiliary proceeding relating to the collection of a money judgment, including garnishment, citation, or wage deduction action.... $5 (g) Forcible entry and detainer. (1) For possession only or possession and rent not in excess of $10,000...................... $10 (2) For possession and rent in excess of $10,000............................................ $40 (h) Eminent Domain. (1) Exercise of Eminent Domain............... $45 (2) For each and every lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessments by a jury............. $45 (i) Reinstatement. Each case including petition for modification of a judgment or order of Court if filed later than 30 days after the entry of a judgment or order, except in forcible entry and detainer cases and small claims and except a petition to modify, terminate, or enforce a judgement or order for child or spousal support or to modify, suspend, or terminate an order for withholding, petition to vacate judgment of dismissal for want of prosecution whenever filed, petition to reopen an estate, or redocketing of any cause................ $20 (j) Probate. (1) Administration of decedent's estates, whether testate or intestate, guardianships of the person or estate or both of a person under legal disability, guardianships of the person or estate or both of a minor or minors, or petitions to sell real estate in the administration of any estate.... $50 (2) Small estates in cases where the real and personal property of an estate does not exceed $5,000............................................. $25
[May 30, 2001] 292 (3) At any time during the administration of the estate, however, at the request of the Clerk, the Court shall examine the record of the estate and the personal representative to determine the total value of the real and personal property of the estate, and if such value exceeds $5,000 shall order the payment of an additional fee in the amount of.......................................... $40 (4) Inheritance tax proceedings.............. $15 (5) Issuing letters only for a certain specific reason other than the administration of an estate, including but not limited to the release of mortgage; the issue of letters of guardianship in order that consent to marriage may be granted or for some other specific reason other than for the care of property or person; proof of heirship without administration; or when a will is to be admitted to probate, but the estate is to be settled without administration..................... $10 (6) When a separate complaint relating to any matter other than a routine claim is filed in an estate, the required additional fee shall be charged for such filing............................ $45 (k) Change of Venue. From a court, the charge is the same amount as the original filing fee; however, the fee for preparation and certification of record on change of venue, when original documents or copies are forwarded.......................................... $10 (l) Answer, adverse pleading, or appearance. In civil cases................................ $15 With the following exceptions: (1) When the amount does not exceed $500..... $5 (2) When amount exceeds $500 but not $10,000. $10 (3) When amount exceeds $10,000.............. $15 (4) Court appeals when documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (m) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining the complaint.................... $10 (n) Tax deed. (1) Petition for tax deed, if only one parcel is involved........................................ $45 (2) For each additional parcel involved, an additional fee of.................................. $10 (o) Mailing Notices and Processes. (1) All notices that the clerk is required to mail as first class mail........................... $2 (2) For all processes or notices the Clerk is required to mail by certified or registered mail, the fee will be $2 plus cost of postage. (p) Certification or Authentication. (1) Each certification or authentication for taking the acknowledgement of a deed or other instrument in writing with seal of office.......... $2 (2) Court appeals when original documents are forwarded, 100 pages or under, plus delivery costs. $25
293 [May 30, 2001] (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery costs..... $60 (4) Court appeals when original documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (q) Reproductions. Each record of proceedings and judgment, whether on appeal, change of venue, certified copies of orders and judgments, and all other instruments, documents, records, or papers: (1) First page.......................... $1 (2) Next 19 pages, per page............. 50¢ (3) All remaining pages, per page....... 25¢ (r) Counterclaim. When any defendant files a counterclaim as part of his or her answer or otherwise, or joins another party as a third party defendant, or both, he or she shall pay a fee for each such counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (s) Transcript of Judgment. From a court, the same fee as if case originally filed. (t) Publications. The cost of publication shall be paid directly to the publisher by the person seeking the publication, whether the clerk is required by law to publish, or the parties to the action. (u) Collections. (1) For all collections made for others, except the State and County and except in maintenance or child support cases, a sum equal to 2% of the amount collected and turned over. (2) In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court, the Clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (3) In maintenance and child support matters, the Clerk may deduct from each payment an amount equal to the United States postage to be used in mailing the maintenance or child support check to the recipient. In such cases, the Clerk shall collect an annual fee of up to $36 from the person making such payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. Such sum shall be
[May 30, 2001] 294 in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited in a separate Maintenance and Child Support Collection Fund of which the Clerk shall be the custodian, ex officio, to be used by the Clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support payment and shall be made to the order of the Clerk. The Clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. (4) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. The Clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (v) Correction of Cases. For correcting the case number or case title on any document filed in his office, to be charged against the party that filed the document.......... $10 (w) Record Search. For searching a record, per year searched..... $4 (x) Printed Output. For each page of hard copy print output, when case records are maintained on an automated medium. $2 (y) Alias Summons. For each alias summons issued................. $2 (z) Expungement of Records. For each expungement petition filed........... $15 (aa) Other Fees. Any fees not covered by this Section shall be set by rule or administrative order of the Circuit Court, with the approval of the Supreme Court. (bb) Exemptions. No fee provided for herein shall be charged to any unit of State or local government or school district unless the Court orders another party to pay such fee on its behalf. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws and ordinances. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (cc) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs
295 [May 30, 2001] adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (dd) Adoption exemptions. No fee other than that set forth in subsection (cc) shall be charged to any person in connection with an adoption proceeding. (ee) Additional Services. Beginning July 1, 1993, the clerk of the circuit court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the public and by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.) (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) Sec. 27.1a. The fees of the clerks of the circuit court in all counties having a population in excess of 180,000 but not more than 650,000 inhabitants in the instances described in this Section shall be as provided in this Section. However, counties having a population of more than 180,000 inhabitants but not more than 650,000 inhabitants may by resolution of the county board provide for increased fee amounts up to the maximums listed in Section 27.2 of this Act. The fees shall be paid in advance and in the absence of such a county board resolution, shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (a-1) Family. For filing a petition under the Juvenile Court Act of 1987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act of 1984, $40. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant.
[May 30, 2001] 296 When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20. (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files:
297 [May 30, 2001] (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury.
[May 30, 2001] 298 (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
299 [May 30, 2001] (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $102.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population in excess of 180,000 but not more than 650,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury.
[May 30, 2001] 300 (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney
301 [May 30, 2001] General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. (3) The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 650,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, counties with more than 650,000 inhabitants but less than 3,000,000 inhabitants must charge the minimum fee listed in this Section and may charge up to the maximum fee if the county board has by resolution increased the fee. In addition, the fees provided in this Section shall apply to all units of local government and school districts in counties with more than 3,000,000 inhabitants. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $150 and a maximum of $190. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, a minimum of $10 and a maximum of $15. (B) When that amount exceeds $250 but does not exceed $1,000
[May 30, 2001] 302 When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $50 and a maximum of $60. When the amount exceeds $1500, but does not exceed $5,000
303 [May 30, 2001] (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $4 and a maximum of $6. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, a minimum of $50 and a maximum of $75. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, a minimum of $120 and a maximum of $150. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of a minimum of 20 and a maximum of 25 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $25 and a maximum of $50. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $4 and a maximum of $5. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be
[May 30, 2001] 304 as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $192.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $10 and a maximum of $20; for recording the same, a minimum of 25¢ and a maximum of $0.50 for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $30 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $100 and a maximum of $150, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $25 and a maximum of $40. (2) For administration of the estate of a ward, a minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in
305 [May 30, 2001] the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $15 and a maximum of $25. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $20; when the amount claimed is $500 or more but less than $10,000, a minimum of $25 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $40 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30. (F) For each jury demand, a minimum of $102.50 and a maximum of $137.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50¢ and a maximum of $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, a minimum of $1 and a maximum of $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and
[May 30, 2001] 306 quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $80 and a maximum of $125. (B) Misdemeanor complaints, a minimum of $50 and a maximum of $75. (C) Business offense complaints, a minimum of $50 and a maximum of $75. (D) Petty offense complaints, a minimum of $50 and a maximum of $75. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, a minimum of $20 and a maximum of $40. (H) Motions to vacate bond forfeiture orders, a minimum of $20 and a maximum of $30. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $20 and a maximum of $30. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $20 and a maximum of $25. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40. (2) In counties having a population of more than 650,000 but fewer than 3,000,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $50 and a maximum of $112.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $25 and a maximum of $40. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved pertaining to the same taxpayer
307 [May 30, 2001] (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to a minimum of 2.5% and a maximum of 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $15 and a maximum of $25. (dd) Exceptions. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
[May 30, 2001] 308 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) Sec. 27.2a. The fees of the clerks of the circuit court in all counties having a population of 3,000,000 or more inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, the clerk of the circuit court must charge the minimum fee listed and may charge up to the maximum fee if the county board has by resolution increased the fee. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $190 and a maximum of $240. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, a minimum of $15 and a maximum of $22. (B) When that amount exceeds $250 but does not exceed $1000, a minimum of $40 and a maximum of $75. (C) When that amount exceeds $1000 but does not exceed $2500, a minimum of $50 and a maximum of $80. (D) When that amount exceeds $2500 but does not exceed $5000, a minimum of $100 and a maximum of $130. (E) When that amount exceeds $5000 but does not exceed $15,000, $150. (F) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (G) For the final determination of parking, standing, and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of the Illinois Vehicle Code, $25. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $75 and a maximum of $140. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $225 and a maximum of $335. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $60 and a maximum of $70. When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a maximum of $150. When the amount exceeds $5000, but does not exceed $15,000, a minimum of $175 and a maximum of $260. When the amount exceeds $15,000, a minimum of $250 and a maximum of $310. (e) Appearance. The fee for filing an appearance in each civil case shall be a minimum of $75 and a maximum of $110, except as follows:
309 [May 30, 2001] (A) When the plaintiff in a forcible entry and detainer case seeks possession only, a minimum of $40 and a maximum of $80. (B) When the amount in the case does not exceed $1500, a minimum of $40 and a maximum of $80. (C) When that amount exceeds $1500 but does not exceed $15,000, a minimum of $60 and a maximum of $90. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, a minimum of $15 and a maximum of $25; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $30 and a maximum of $45; and when the amount exceeds $5,000, a minimum of $50 and a maximum of $80. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $50 and a maximum of $60. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $75 and a maximum of $90. (3) Petition to vacate order of bond forfeiture, a minimum of $40 and a maximum of $80. (h) Mailing. When the clerk is required to mail, the fee will be a minimum of $10 and a maximum of $15, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, a minimum of $15 and a maximum of $20. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, a minimum of $125 and a maximum of $190. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $6 and a maximum of $9. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, a minimum of $75 and a maximum of $110. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, a minimum of $150 and a maximum of $185. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of a minimum of 25 and a maximum of 30 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme
[May 30, 2001] 310 Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $6 and a maximum of $9 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $6 and a maximum of $9. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $50 and a maximum of $100. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $5 and a maximum of $6. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $212.50 and maximum of $230, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $20 and a maximum of $40; for recording the same, a minimum of 50¢ and a maximum of $0.80 for each 100 words. Exceptions filed to claims
311 [May 30, 2001] presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $60 and a maximum of $120 for each expungement petition filed and an additional fee of a minimum of $4 and a maximum of $8 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $150 and a maximum of $225, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $40 and a maximum of $65. (2) For administration of the estate of a ward, a minimum of $75 and a maximum of $110, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $20 and a maximum of $40. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $25 and a maximum of $40. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $20 and a maximum of $40; when the amount claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65; when the amount claimed is $10,000 or more, a minimum of $60 and a maximum of $90; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will,
[May 30, 2001] 312 enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $60 and a maximum of $90. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $30 and a maximum of $90. (F) For each jury demand, a minimum of $137.50 and a maximum of $180. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $50 and a maximum of $80, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a maximum of $40. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $2 and a maximum of $4, plus $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $125 and a maximum of $190. (B) Misdemeanor complaints, a minimum of $75 and a maximum of $110. (C) Business offense complaints, a minimum of $75 and a maximum of $110. (D) Petty offense complaints, a minimum of $75 and a maximum of $110. (E) Minor traffic or ordinance violations, $30. (F) When court appearance required, $50. (G) Motions to vacate or amend final orders, a minimum of $40 and a maximum of $80. (H) Motions to vacate bond forfeiture orders, a minimum of $30 and a maximum of $45. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $30 and a maximum of $45. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $25 and a maximum of $30.
313 [May 30, 2001] (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $40 and a maximum of $50. (2) In counties having a population of 3,000,000 or more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, a minimum of $30 and a maximum of $90. (B) When court appearance required, a minimum of $50 and a maximum of $150. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $112.50 and a maximum of $250 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $40 and a maximum of $65. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $50 and a maximum of $100. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, a minimum of $250 and a maximum of $400. (2) For each additional parcel, add a fee of a minimum of $100 and a maximum of $200. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian,
[May 30, 2001] 314 ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $25 and a maximum of $40. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoption. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 6-13-00.) (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) Sec. 27.5. All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
315 [May 30, 2001] electronic monitoring, drug or alcohol testing and screening, probation fees authorized under Section 5-6-3 of the Unified Code of Corrections, and supervision fees authorized under Section 5-6-3.1 of the Unified Code of Corrections, shall be disbursed within 60 days after receipt by the circuit clerk as follows: 47% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 12% shall be disbursed to the State Treasurer; and 41% shall be disbursed to the county's general corporate fund. Of the 12% disbursed to the State Treasurer, 1/6 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 1/2 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall be deposited into the Drivers Education Fund. For fiscal years 1992 and 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (Source: P.A. 89-234, eff. 1-1-96.) (705 ILCS 105/27.6) Sec. 27.6. (a) All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk equalling an amount of $55 or more, except the additional fee required by subsections (b) and (c), restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
[May 30, 2001] 316 shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Public Aid. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $25 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $25 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act or the Controlled Substance Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year.
317 [May 30, 2001] (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 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, 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, 2001.". Pursuant to the motion submitted previously, Representative Rutherford tabled Amendment No. 1. Representative Rutherford offered and withdrew Amendment No. 3. Representative Currie offered the following amendment and moved its adoption: AMENDMENT NO. 4 TO SENATE BILL 385 AMENDMENT NO. 4. Amend Senate Bill 385 by replacing everything after the enacting clause with the following: "Section 5. The Counties Code is amended by changing Sections 3-5018, 3-5036, 4-2002.1, 4-4001, 4-12003, 5-1113, and 5-39001 as follows: (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018) (Text of Section before amendment by P.A. 91-893) Sec. 3-5018. Fees. The recorder elected as provided for in this Division shall receive such fees as are or may be provided for him by law, in case of provision therefor: otherwise he shall receive the same fees as are or may be provided in this Section, except when increased by county ordinance pursuant to the provisions of this Section, to be paid to the county clerk for his services in the office of recorder for like services. No filing fee shall be charged for providing informational copies of financing statements to the recorder pursuant to subsection (8) of Section 9-403 of the Uniform Commercial Code. For recording deeds or other instruments $12 for the first 4 pages thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted. The aggregate minimum fee for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description a fee of $1 in addition to that hereinabove referred to for each document number therein noted. For recording assignments of mortgages, leases or liens $12 for the first 4 pages thereof, plus $1 for each additional page thereof. However, except for leases and liens pertaining to oil, gas and other minerals, whenever a mortgage, lease or lien assignment assigns more than one mortgage, lease or lien document, a $7 fee shall be charged for the recording of each such mortgage, lease or lien document after the first one. For recording maps or plats of additions or subdivisions approved by the county or municipality (including the spreading of the same of record in map case or other proper books) or plats of condominiums $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12. In each county where such maps or plats are to be recorded, the recorder may require the same to be accompanied
[May 30, 2001] 318 by such number of exact, true and legible copies thereof as the recorder deems necessary for the efficient conduct and operation of his office. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $10. Each certificate of such recorder of the recording of the deed or other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee. (2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly. (3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations. (4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner. (5) The document shall not have any attachment stapled or otherwise affixed to any page. A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995. The county board of any county may by resolution provide for an additional charge of $3 for filing every instrument, paper, or notice for record, in order to defray the cost of the county recorder's operations relating to computer, micrographics, or any other means of automation of books and records.
319 [May 30, 2001] or maintaining the county's Geographic Information System. Of that amount, $2 must be deposited into a special fund set up by the treasurer of the county, and any moneys collected pursuant to this amendatory Act of the 91st General Assembly and deposited into that fund must be used solely for the equipment, materials, and necessary expenses incurred in implementing and maintaining a Geographic Information System. The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4. The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff. 1-1-01.) (Text of Section after amendment by P.A. 91-893) Sec. 3-5018. Fees. The recorder elected as provided for in this Division shall receive such fees as are or may be provided for him by law, in case of provision therefor: otherwise he shall receive the same fees as are or may be provided in this Section, except when increased by county ordinance pursuant to the provisions of this Section, to be paid to the county clerk for his services in the office of recorder for like services. For recording deeds or other instruments $12 for the first 4 pages thereof, plus $1 for each additional page thereof, plus $1 for each additional document number therein noted. The aggregate minimum fee for recording any one instrument shall not be less than $12. For recording deeds or other instruments wherein the premises affected thereby are referred to by document number and not by legal description a fee of $1 in addition to that hereinabove referred to for each document number therein noted. For recording assignments of mortgages, leases or liens $12 for the first 4 pages thereof, plus $1 for each additional page thereof. However, except for leases and liens pertaining to oil, gas and other minerals, whenever a mortgage, lease or lien assignment assigns more than one mortgage, lease or lien document, a $7 fee shall be charged for the recording of each such mortgage, lease or lien document after the first one. For recording maps or plats of additions or subdivisions approved by the county or municipality (including the spreading of the same of record in map case or other proper books) or plats of condominiums $50 for the first page, plus $1 for each additional page thereof except that in the case of recording a single page, legal size 8 1/2 x 14, plat of survey in which there are no more than two lots or parcels of land, the fee shall be $12. In each county where such maps or plats are to be recorded, the recorder may require the same to be accompanied by such number of exact, true and legible copies thereof as the
[May 30, 2001] 320 recorder deems necessary for the efficient conduct and operation of his office. For certified copies of records the same fees as for recording, but in no case shall the fee for a certified copy of a map or plat of an addition, subdivision or otherwise exceed $10. Each certificate of such recorder of the recording of the deed or other writing and of the date of recording the same signed by such recorder, shall be sufficient evidence of the recording thereof, and such certificate including the indexing of record, shall be furnished upon the payment of the fee for recording the instrument, and no additional fee shall be allowed for the certificate or indexing. The recorder shall charge an additional fee, in an amount equal to the fee otherwise provided by law, for recording a document (other than a document filed under the Plat Act or the Uniform Commercial Code) that does not conform to the following standards: (1) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee. (2) The document shall be legibly printed in black ink, by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly. (3) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used for non-essential notations that will not affect the validity of the document, including but not limited to form numbers, page numbers, and customer notations. (4) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner. (5) The document shall not have any attachment stapled or otherwise affixed to any page. A document that does not conform to these standards shall not be recorded except upon payment of the additional fee required under this paragraph. This paragraph, as amended by this amendatory Act of 1995, applies only to documents dated after the effective date of this amendatory Act of 1995. The county board of any county may by resolution provide for an additional charge of $3 for filing every instrument, paper, or notice for record, in order to defray the cost of the county recorder's operations relating to computer, micrographics, or any other means of automation of books and records.
321 [May 30, 2001] amount, $2 must be deposited into a special fund set up by the treasurer of the county, and any moneys collected pursuant to this amendatory Act of the 91st General Assembly and deposited into that fund must be used solely for the equipment, materials, and necessary expenses incurred in implementing and maintaining a Geographic Information System. The remaining $1 must be deposited into the recorder's special funds created under Section 3-5005.4. The recorder may, in his or her discretion, use moneys in the funds created under Section 3-5005.4 to defray the cost of implementing or maintaining the county's Geographic Information System. The foregoing fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department or other instrumentality of the State. The county board may, however, by ordinance, increase the fees allowed by this Section and collect such increased fees from all persons and entities other than officers, agencies, departments and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A statement of the costs of providing each service, program and activity shall be prepared by the county board. All supporting documents shall be public record and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program and activity. (Source: P.A. 90-300, eff. 1-1-98; 91-791, eff. 6-9-00; 91-886, eff. 1-1-01; 91-893, eff. 7-1-01; revised 9-7-00.) (55 ILCS 5/3-5036) (from Ch. 34, par. 3-5036) Sec. 3-5036. Records open to inspection. All records, indices, abstract and other books kept in the office of any recorder, and all instruments filed therein and all instruments deposited or left for recordation therein shall, during the office hours, be open for public inspection and examination; and all persons shall have free access for inspection and examination to such records, indices, books and instruments, which the recorders shall be bound to exhibit to those who wish to inspect or examine the same; and all persons shall have the right to take memoranda and abstracts thereof without fee or reward. This Section is subject to the provisions of "The Local Records Act". Records, indices, abstracts, and other books kept in the office of the recorder, and all instruments filed, deposited, or left there for recordation, may be made available on a Web site maintained by the county recorder on the World Wide Web. Making records available on the World Wide Web does not alter or satisfy any duties of the county recorder to keep, maintain, or otherwise make available records of the office as required by law. The records posted by the recorder on the World Wide Web may include those public records created and maintained in the normal course of the recorder's official business. These records may be processed, as necessary, to make them accessible on the World Wide Web. These Web-posted records shall be viewable to all persons without any fee or charge. The county board may, by resolution, authorize the recorder to establish other Web-based services for which a reasonable fee may be charged. (Source: P.A. 86-962.) (55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1) Sec. 4-2002.1. State's attorney fees in counties of 3,000,000 or more population. This Section applies
[May 30, 2001] 322 4-2002 of this Code. (a) State's attorneys shall be entitled to the following fees: For each conviction in prosecutions on indictments for first degree murder, second degree murder, involuntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, aggravated criminal sexual abuse, kidnapping, arson and forgery, $60. All other cases punishable by imprisonment in the penitentiary, $60. For each conviction in other cases tried before judges of the circuit court, $30; except that if the conviction is in a case which may be assigned to an associate judge, whether or not it is in fact assigned to an associate judge, the fee shall be $20. For preliminary examinations for each defendant held to bail or recognizance, $20. For each examination of a party bound over to keep the peace, $20. For each defendant held to answer in a circuit court on a charge of paternity, $20. For each trial on a charge of paternity, $60. For each case of appeal taken from his county or from the county to which a change of venue is taken to his county to the Supreme or Appellate Court when prosecuted or defended by him, $100. For each day actually employed in the trial of a case, $50; in which case the court before whom the case is tried shall make an order specifying the number of days for which a per diem shall be allowed. For each day actually employed in the trial of cases of felony arising in their respective counties and taken by change of venue to another county, $50; and the court before whom the case is tried shall make an order specifying the number of days for which said per diem shall be allowed; and it is hereby made the duty of each State's attorney to prepare and try each case of felony arising when so taken by change of venue. For assisting in a trial of each case on an indictment for felony brought by change of venue to their respective counties, the same fees they would be entitled to if such indictment had been found for an offense committed in his county, and it shall be the duty of the State's attorney of the county to which such cause is taken by change of venue to assist in the trial thereof. For each case of forfeited recognizance where the forfeiture is set aside at the instance of the defense, in addition to the ordinary costs, $20 for each defendant. For each proceeding in a circuit court to inquire into the alleged mental illness of any person, $20 for each defendant. For each proceeding in a circuit court to inquire into the alleged dependency or delinquency of any child, $20. For each day actually employed in the hearing of a case of habeas corpus in which the people are interested, $50. All the foregoing fees shall be taxed as costs to be collected from the defendant, if possible, upon conviction. But in cases of inquiry into the mental illness of any person alleged to be mentally ill, in cases on a charge of paternity and in cases of appeal in the Supreme or Appellate Court, where judgment is in favor of the accused, the fees allowed the State's attorney therein shall be retained out of the fines and forfeitures collected by them in other cases. Ten per cent of all moneys except revenue, collected by them and paid over to the authorities entitled thereto, which per cent together with the fees provided for herein that are not collected from the parties tried or examined, shall be paid out of any fines and forfeited recognizances collected by them, provided however, that in proceedings to foreclose the lien of delinquent real estate taxes State's attorneys shall receive a fee, to be credited to the earnings of their office, of 10% of the total amount realized from the sale of real estate sold in
323 [May 30, 2001] such proceedings. Such fees shall be paid from the total amount realized from the sale of the real estate sold in such proceedings. State's attorneys shall have a lien for their fees on all judgments for fines or forfeitures procured by them and on moneys except revenue received by them until such fees and earnings are fully paid. No fees shall be charged on more than 10 counts in any one indictment or information on trial and conviction; nor on more than 10 counts against any one defendant on pleas of guilty. The Circuit Court may direct that of all monies received, by restitution or otherwise, which monies are ordered paid to the Department of Public Aid or the Department of Human Services (acting as successor to the Department of Public Aid under the Department of Human Services Act) as a direct result of the efforts of the State's attorney and which payments arise from Civil or Criminal prosecutions involving the Illinois Public Aid Code or the Criminal Code, the following amounts shall be paid quarterly by the Department of Public Aid or the Department of Human Services to the General Corporate Fund of the County in which the prosecution or cause of action took place: (1) where the monies result from child support obligations, not less than 25% of the federal share of the monies received, (2) where the monies result from other than child support obligations, not less than 25% of the State's share of the monies received. (b) A municipality shall be entitled to a $10 prosecution fee for each conviction for a violation of the Illinois Vehicle Code prosecuted by the municipal attorney pursuant to Section 16-102 of that Code which is tried before a circuit or associate judge and shall be entitled to a $10 prosecution fee for each conviction for a violation of a municipal vehicle ordinance prosecuted by the municipal attorney which is tried before a circuit or associate judge. Such fee shall be taxed as costs to be collected from the defendant, if possible, upon conviction. A municipality shall have a lien for such prosecution fees on all judgments or fines procured by the municipal attorney from prosecutions for violations of the Illinois Vehicle Code and municipal vehicle ordinances. For the purposes of this subsection (b), "municipal vehicle ordinance" means any ordinance enacted pursuant to Sections 11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois Municipal Code or any ordinance enacted by a municipality which is similar to a provision of Chapter 11 of the Illinois Vehicle Code. (Source: P.A. 89-507, eff. 7-1-97.) (55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001) Sec. 4-4001. County Clerks; counties of first and second class. The fees of the county clerk in counties of the first and second class, except when increased by county ordinance pursuant to the provisions of this Section, shall be: For each official copy of any process, file, record or other instrument of and pertaining to his office, 50¢ for each 100 words, and $1 additional for certifying and sealing the same. For filing any paper not herein otherwise provided for, $1, except that no fee shall be charged for filing a Statement of economic interest pursuant to the Illinois Governmental Ethics Act or reports made pursuant to Article 9 of The Election Code. For issuance of fireworks permits, $2. For issuance of liquor licenses, $5. For filing and recording of the appointment and oath of each public official, $3. For officially certifying and sealing each copy of any process, file, record or other instrument of and pertaining to his office, $1. For swearing any person to an affidavit, $1.
[May 30, 2001] 324 For issuing each license in all matters except where the fee for the issuance thereof is otherwise fixed, $4. For issuing each marriage license, the certificate thereof, and for recording the same, including the recording of the parent's or guardian's consent where indicated, $15. For taking and certifying acknowledgments to any instrument, except where herein otherwise provided for, $1. For issuing each certificate of appointment or commission, the fee for which is not otherwise fixed by law, $1. For cancelling tax sale and issuing and sealing certificates of redemption, $3. For issuing order to county treasurer for redemption of forfeited tax, $2. For trying and sealing weights and measures by county standard, together with all actual expenses in connection therewith, $1. For services in case of estrays, $2. The following fees shall be allowed for services attending the sale of land for taxes, and shall be charged as costs against the delinquent property and be collected with the taxes thereon: For services in attending the tax sale and issuing certificate of sale and sealing the same, for each tract or town lot sold, $4. The County Board of any county of the first or second class may by resolution authorize the County Clerk to impose an additional $10 charge for issuing each certificate of sale for the sole purpose of defraying the cost of converting the County Clerk's tax extension and redemption system to computers and micrographics and for maintaining this system. The County Board of any county of the first or second class may by resolution authorize the County Treasurer to establish a special fund for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material, and necessary expenses incurred to help defray the cost of implementing and maintaining the tax extension and redemption system. For making list of delinquent lands and town lots sold, to be filed with the Comptroller, for each tract or town lot sold, 10¢.
325 [May 30, 2001] for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material and necessary expenses incurred to help defray the cost of implementing and maintaining such document storage system. The fees allowed by this Section are the maximum fees that may be collected from any officer, agency, department, or other instrumentality of the State. The county board may, however, by resolution, increase the fees allowed by this Section and collect these increased fees from all persons and entities other than officers, agencies, departments, and other instrumentalities of the State if the increase is justified by an acceptable cost study showing that the fees allowed by this Section are not sufficient to cover the cost of providing the service. A Statement of the costs of providing each service, program, and activity shall be prepared by the county board. All supporting documents shall be public records and subject to public examination and audit. All direct and indirect costs, as defined in the United States Office of Management and Budget Circular A-87, may be included in the determination of the costs of each service, program, and activity. The county clerk in all cases may demand and receive the payment of all service fees in advance so far as these fees can be ascertained in advance. (Source: P.A. 86-962.) (55 ILCS 5/4-12003) (from Ch. 34, par. 4-12003) Sec. 4-12003. Fees of county clerk in third class counties. The fees of the county clerk in counties of the third class are: For issuing each marriage license, sealing, filing and recording the same and the certificate thereto (one charge), $30. For taking, certifying to and sealing the acknowledgment of a deed, power of attorney, or other writing, $1. For filing and entering certificates in case of estrays, and furnishing notices for publication thereof (one charge), $1.50. For recording all papers and documents required by law to be recorded in the office of the county clerk, $2 plus 30¢ for every 100 words in excess of 600 words. For certificate and seal, not in a case in a court whereof he is clerk, $1. For making and certifying a copy of any record or paper in his office, $2 for every page. For filing papers in his office, 50¢ for each paper filed, except that no fee shall be charged for filing a Statement of economic interest pursuant to the Illinois Governmental Ethics Act or reports made pursuant to Article 9 of The Election Code. For making transcript of taxable property for the assessors, 8¢ for each tract of land or town lot. For extending other than State and county taxes, 8¢ for each tax on each tract or lot, and 8¢ for each person's personal tax, to be paid by the authority for whose benefit the transcript is made and the taxes extended. The county clerk shall certify to the county collector the amount due from each authority for such services and the collector in his settlement with such authority shall reserve such amount from the amount payable by him to such authority. For adding and bringing forward with current tax warrants amounts due for forfeited or withdrawn special assessments, 8¢ for each lot or tract of land described and transcribed. For computing and extending each assessment or installment thereof and interest, 8¢ on each description; and for computing and extending each penalty, 8¢ on each description. These fees shall be paid by the city, village, or taxing body for whose benefit the transcript is made and the assessment and penalties are extended. The county clerk shall
[May 30, 2001] 326 certify to the county collector the amount due from each city, village or taxing body, for such services, and the collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such city, village or other taxing body. For cancelling certificates of sale, $4 for each tract or lot. For making search and report of general taxes and special assessments for use in the preparation of estimate of cost of redemption from sales or forfeitures or withdrawals or for use in the preparation of estimate of cost of purchase of forfeited property, or for use in preparation of order on the county collector for searches requested by buyers at annual tax sale, for each lot or tract, $4 for the first year searched, and $2 for each additional year or fraction thereof. For preparing from tax search report estimate of cost of redemption concerning property sold, forfeited or withdrawn for non-payment of general taxes and special assessments, if any, $1 for each lot or tract. For certificate of deposit for redemption, $4. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non-payment of general taxes, $3 for each lot or tract. For preparing from tax search report estimate of and order to county collector to receive amount necessary to redeem or purchase lands or lots forfeited for non-payment of special assessments, $4 for each lot or tract. For issuing certificate of sale of forfeited property, $10. For noting on collector's warrants tax sales subject to redemption, 20¢ for each tract or lot of land, to be paid by either the person making the redemption from tax sale, the person surrendering the certificate of sale for cancellation, or the person taking out tax deed. For noting on collector's warrant special assessments withdrawn from collection 20¢ for each tract or lot of land, to be charged against the lot assessed in the withdrawn special assessment when brought forward with current tax or when redeemed by the county clerk. The county clerk shall certify to the county collector the amount due from each city, village or taxing body for such fees, each year, and the county collector in his settlement with such taxing body shall reserve such amount from the amount payable by him to such taxing body. For taking and approving official bond of a town assessor, filing and recording same, and issuing certificate of election or qualification to such official or to the Secretary of State, $10, to be paid by the officer-elect. For certified copies of plats, 20¢ for each lot shown in copy, but no charge less than $4. For tax search and issuing Statement regarding same on new plats to be recorded, $10. For furnishing written description in conformity with permanent real estate index number, $2 for each written description. The following fees shall be allowed for services in matters of taxes and assessments, and shall be charged as costs against the delinquent property, and collected with the taxes thereon: For entering judgment, 8¢ for each tract or lot. For services in attending the tax sale and issuing certificates of sale and sealing the same, $10 for each tract or lot. The County Board may by resolution authorize the County Clerk to impose an additional $10 charge for issuing each certificate of sale for the sole purpose of defraying the cost of converting the County Clerk's tax extension and redemption system to computers and micrographics and for maintaining
327 [May 30, 2001] this system. The County Board may by resolution authorize the County Treasurer to establish a special fund for deposit of the additional charge. Moneys in the special fund shall be used solely to provide the equipment, material, and necessary expenses incurred to help defray the cost of implementing and maintaining the tax extension and redemption system. For making list of delinquent lands and town lots sold, to be filed with the State Comptroller, 10¢ for each tract or lot sold. The following fees shall be audited and allowed by the board of county commissioners and paid from the county treasury. For computing State or county taxes, on each description of real estate and each person's, firm's or corporation's personal property tax, for each extension of each tax, 4¢, which shall include the transcribing of the collector's books. For computing, extending and bringing forward, and adding to the current tax, the amount due for general taxes on lands and lots previously forfeited to the State, for each extension of each tax, 4¢ for the first year, and for computing and extending the tax and penalty for each additional year, 6¢. For making duplicate or triplicate sets of books, containing transcripts of taxable property, for the board of assessors and board of review, 3¢ for each description entered in each book. For filing, indexing and recording or binding each birth, death or stillbirth certificate or report, 15¢, which fee shall be in full for all services in connection therewith, including the keeping of accounts with district registrars. For posting new subdivisions or plats in official atlases, 25¢ for each lot. For compiling new sheets for atlases, 20¢ for each lot. For compiling new atlases, including necessary record searches, 25¢ for each lot. For investigating and reporting on each new plat, referred to county clerk, $2. For attending sessions of the board of county commissioners thereof, $5 per day, for each clerk in attendance. For recording proceedings of the board of county commissioners, 15¢ per 100 words. For filing papers which must be kept in office of comptroller of Cook County, 10¢ for each paper filed. For filing and indexing contracts, bonds, communications, and other such papers which must be kept in office of comptroller of Cook County, 15¢ for each document. For swearing any person to necessary affidavits relating to the correctness of claims against the county, 25¢. For issuing warrants in payment of salaries, supplies and other accounts, and all necessary auditing and bookkeeping work in connection therewith, 10¢ each. The fee requirements of this Section do not apply to units of local government or school districts. (Source: P.A. 86-962; 87-669.) (55 ILCS 5/5-1113) (from Ch. 34, par. 5-1113) Sec. 5-1113. Ordinance and rules to execute powers; limitations on punishments. The county board may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to counties, with such fines or penalties as may be deemed proper except where a specific provision for a fine or penalty is provided by law. No fine or penalty, however, except civil penalties provided for failure to make returns or to pay any taxes levied by the county shall exceed $750
[May 30, 2001] 328 (55 ILCS 5/5-39001) (from Ch. 34, par. 5-39001) Sec. 5-39001. Establishment and use; fee. The county board of any county may establish and maintain a county law library, to be located in any county building or privately or publicly owned building at the county seat of government. The term "county building" includes premises leased by the county from a public building commission created under the Public Building Commission Act. After August 2, 1976, the county board of any county may establish and maintain a county law library at the county seat of government and, in addition, branch law libraries in other locations within that county as the county board deems necessary. The facilities of those libraries shall be freely available to all licensed Illinois attorneys, judges, other public officers of the county, and all members of the public, whenever the court house is open. The expense of establishing and maintaining those libraries shall be borne by the county. To defray that expense, in any county having established a county law library or libraries, the clerk of all trial courts located at the county seat of government shall charge and collect a county law library fee of $2, and the county board may by resolution authorize a county law library fee of not to exceed $19
329 [May 30, 2001] (Source: P.A. 90-92, eff. 1-1-98; 90-589, eff. 6-5-98.) Section 10. The Clerks of Courts Act is amended by changing Sections 27.1, 27.1a, 27.2, 27.2a, 27.5, and 27.6 as follows: (705 ILCS 105/27.1) (from Ch. 25, par. 27.1) Sec. 27.1. The fees of the Clerk of the Circuit Court in all counties having a population of 180,000 inhabitants or less shall be paid in advance, except as otherwise provided, and shall be as provided in this Section. However, counties having a population of 80,000 or more inhabitants but not more than 180,000 inhabitants may by resolution of the county board provide for increased fee amounts up to the maximums listed in Section 27.2 of this Act. In the absence of such a county board resolution, the fees shall be as follows: (a) Civil Cases. (1) All civil cases except as otherwise provided........................................... $40 (2) Judicial Sales (except Probate).......... $40 (b) Family. (1) Commitment petitions under the Mental Health and Developmental Disabilities Code, filing transcript of commitment proceedings held in another county, and cases under the Juvenile Court Act of 1987........................................ $25 (2) Petition for Marriage Licenses........... $10 (3) Marriages in Court....................... $10 (4) Paternity................................ $40 (c) Criminal and Quasi-Criminal. (1) Each person convicted of a felony........ $40 (2) Each person convicted of a misdemeanor, leaving scene of an accident, driving while intoxicated, reckless driving or drag racing, driving when license revoked or suspended, overweight, or no interstate commerce certificate, or when the disposition is court supervision....... $25 (3) Each person convicted of a business offense............................................ $25 (4) Each person convicted of a petty offense. $25 (5) Minor traffic, conservation, or ordinance violation, including without limitation when the disposition is court supervision: (i) For each offense.................... $10 (ii) For each notice sent to the defendant's last known address pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....................................... $2 (iii) For each notice sent to the Secretary of State pursuant to subsection (c) of Section 6-306.4 of the Illinois Vehicle Code....... $2 (6) When Court Appearance required........... $15 (7) Motions to vacate or amend final orders.. $10 (8) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the
[May 30, 2001] 330 case shall be tried by the court without a jury. (d) Other Civil Cases. (1) Money or personal property claimed does not exceed $500.................................... $10 (2) Exceeds $500 but not more than $10,000... $25 (3) Exceeds $10,000, when relief in addition to or supplemental to recovery of money alone is sought in an action to recover personal property taxes or retailers occupational tax regardless of amount claimed..................................... $45 (4) The Clerk of the Circuit Court shall be entitled to receive, in addition to other fees allowed by law, the sum of $62.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain, and in every equitable action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing his jury demand. If such a fee is not paid by either party, no jury shall be called in the action, suit, or proceeding, and the same shall be tried by the court without a jury. (e) Confession of judgment and answer. (1) When the amount does not exceed $1,000... $20 (2) Exceeds $1,000........................... $40 (f) Auxiliary Proceedings. Any auxiliary proceeding relating to the collection of a money judgment, including garnishment, citation, or wage deduction action.... $5 (g) Forcible entry and detainer. (1) For possession only or possession and rent not in excess of $10,000...................... $10 (2) For possession and rent in excess of $10,000............................................ $40 (h) Eminent Domain. (1) Exercise of Eminent Domain............... $45 (2) For each and every lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessments by a jury............. $45 (i) Reinstatement. Each case including petition for modification of a judgment or order of Court if filed later than 30 days after the entry of a judgment or order, except in forcible entry and detainer cases and small claims and except a petition to modify, terminate, or enforce a judgement or order for child or spousal support or to modify, suspend, or terminate an order for withholding, petition to vacate judgment of dismissal for want of prosecution whenever filed, petition to reopen an estate, or redocketing of any cause................ $20 (j) Probate. (1) Administration of decedent's estates, whether testate or intestate, guardianships of the person or estate or both of a person under legal disability, guardianships of the person or estate or both of a minor or minors, or petitions to sell real estate in the administration of any estate.... $50
331 [May 30, 2001] (2) Small estates in cases where the real and personal property of an estate does not exceed $5,000............................................. $25 (3) At any time during the administration of the estate, however, at the request of the Clerk, the Court shall examine the record of the estate and the personal representative to determine the total value of the real and personal property of the estate, and if such value exceeds $5,000 shall order the payment of an additional fee in the amount of.......................................... $40 (4) Inheritance tax proceedings.............. $15 (5) Issuing letters only for a certain specific reason other than the administration of an estate, including but not limited to the release of mortgage; the issue of letters of guardianship in order that consent to marriage may be granted or for some other specific reason other than for the care of property or person; proof of heirship without administration; or when a will is to be admitted to probate, but the estate is to be settled without administration..................... $10 (6) When a separate complaint relating to any matter other than a routine claim is filed in an estate, the required additional fee shall be charged for such filing............................ $45 (k) Change of Venue. From a court, the charge is the same amount as the original filing fee; however, the fee for preparation and certification of record on change of venue, when original documents or copies are forwarded.......................................... $10 (l) Answer, adverse pleading, or appearance. In civil cases................................ $15 With the following exceptions: (1) When the amount does not exceed $500..... $5 (2) When amount exceeds $500 but not $10,000. $10 (3) When amount exceeds $10,000.............. $15 (4) Court appeals when documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (m) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining the complaint.................... $10 (n) Tax deed. (1) Petition for tax deed, if only one parcel is involved........................................ $45 (2) For each additional parcel involved, an additional fee of.................................. $10 (o) Mailing Notices and Processes. (1) All notices that the clerk is required to mail as first class mail........................... $2 (2) For all processes or notices the Clerk is required to mail by certified or registered mail, the fee will be $2 plus cost of postage. (p) Certification or Authentication.
[May 30, 2001] 332 (1) Each certification or authentication for taking the acknowledgement of a deed or other instrument in writing with seal of office.......... $2 (2) Court appeals when original documents are forwarded, 100 pages or under, plus delivery costs. $25 (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery costs..... $60 (4) Court appeals when original documents are forwarded, over 200 pages, additional fee per page over 200........................................... 10¢ (q) Reproductions. Each record of proceedings and judgment, whether on appeal, change of venue, certified copies of orders and judgments, and all other instruments, documents, records, or papers: (1) First page.......................... $1 (2) Next 19 pages, per page............. 50¢ (3) All remaining pages, per page....... 25¢ (r) Counterclaim. When any defendant files a counterclaim as part of his or her answer or otherwise, or joins another party as a third party defendant, or both, he or she shall pay a fee for each such counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (s) Transcript of Judgment. From a court, the same fee as if case originally filed. (t) Publications. The cost of publication shall be paid directly to the publisher by the person seeking the publication, whether the clerk is required by law to publish, or the parties to the action. (u) Collections. (1) For all collections made for others, except the State and County and except in maintenance or child support cases, a sum equal to 2% of the amount collected and turned over. (2) In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court, the Clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (3) In maintenance and child support matters, the Clerk may deduct from each payment an amount equal to the United States postage to be used in mailing the maintenance or child support check to the recipient. In such cases, the Clerk shall collect an annual fee of up to $36 from the person
333 [May 30, 2001] making such payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. Such sum shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited in a separate Maintenance and Child Support Collection Fund of which the Clerk shall be the custodian, ex officio, to be used by the Clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support payment and shall be made to the order of the Clerk. The Clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. (4) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. The Clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (v) Correction of Cases. For correcting the case number or case title on any document filed in his office, to be charged against the party that filed the document.......... $10 (w) Record Search. For searching a record, per year searched..... $4 (x) Printed Output. For each page of hard copy print output, when case records are maintained on an automated medium. $2 (y) Alias Summons. For each alias summons issued................. $2 (z) Expungement of Records. For each expungement petition filed........... $15 (aa) Other Fees. Any fees not covered by this Section shall be set by rule or administrative order of the Circuit Court, with the approval of the Supreme Court. (bb) Exemptions. No fee provided for herein shall be charged to any unit of State or local government or school district unless the Court orders another party to pay such fee on its behalf. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government that is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws and ordinances. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the
[May 30, 2001] 334 actions authorized under that subsection. (cc) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (dd) Adoption exemptions. No fee other than that set forth in subsection (cc) shall be charged to any person in connection with an adoption proceeding. (ee) Additional Services. Beginning July 1, 1993, the clerk of the circuit court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the public and by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff. 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.) (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a) Sec. 27.1a. The fees of the clerks of the circuit court in all counties having a population in excess of 180,000 but not more than 650,000 inhabitants in the instances described in this Section shall be as provided in this Section. However, counties having a population of more than 180,000 inhabitants but not more than 650,000 inhabitants may by resolution of the county board provide for increased fee amounts up to the maximums listed in Section 27.2 of this Act. The fees shall be paid in advance and in the absence of such a county board resolution, shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be $150. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, $10. (B) When that amount exceeds $250 but does not exceed $500, $20. (C) When that amount exceeds $500 but does not exceed $2500, $30. (D) When that amount exceeds $2500 but does not exceed $15,000, $75. (E) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (a-1) Family. For filing a petition under the Juvenile Court Act of 1987, $25. For filing a petition for a marriage license, $10. For performing a marriage in court, $10. For filing a petition under the Illinois Parentage Act of 1984, $40. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for
335 [May 30, 2001] possession of the property a claim for rent or damages or both in the amount of $15,000 or less, $40. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, $150. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, $50. When the amount exceeds $1500, but does not exceed $15,000, $115. When the amount exceeds $15,000, $200. (e) Appearance. The fee for filing an appearance in each civil case shall be $50, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, $20. (B) When the amount in the case does not exceed $1500, $20. (C) When that amount exceeds $1500 but does not exceed $15,000, $40. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, $10; when the amount exceeds $1,000 but does not exceed $5,000, $20; and when the amount exceeds $5,000, $30. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, $40. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, $60. (3) Petition to vacate order of bond forfeiture, $20. (h) Mailing. When the clerk is required to mail, the fee will be $6, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, $10. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, $80. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, $4. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, $50. (3) Court appeals when original documents are forwarded, over
[May 30, 2001] 336 100 pages, plus delivery and costs, $120. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of 20 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of $4 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of $4. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code and for filing a transcript of commitment proceedings held in another county, $25. (q) Alias Summons. For each alias summons or citation issued by the clerk, $4. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of $192.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury
337 [May 30, 2001] is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, $10; for recording the same, 25¢ for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of $30 for each expungement petition filed and an additional fee of $2 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $100, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be $25. (2) For administration of the estate of a ward, $50, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be $25. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be $10. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, $15. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, $10; when the amount claimed is $500 or more but less than $10,000, $25; when the amount claimed is $10,000 or more, $40; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of
[May 30, 2001] 338 testamentary trustees, $40. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, $10. (F) For each jury demand, $102.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, $30, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be $10. (H) For each certified copy of letters of office, of court order or other certification, $1, plus 50¢ per page in excess of 3 pages for the document certified. (I) For each exemplification, $1, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, $80. (B) Misdemeanor complaints, $50. (C) Business offense complaints, $50. (D) Petty offense complaints, $50. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, $20. (H) Motions to vacate bond forfeiture orders, $20. (I) Motions to vacate ex parte judgments, whenever filed, $20. (J) Motions to vacate judgment on forfeitures, whenever filed, $20. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, $20. (2) In counties having a population in excess of 180,000 but not more than 650,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by
339 [May 30, 2001] law, the sum of $62.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, $25. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining on the complaint, $25. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, $150. (2) For each additional parcel, add a fee of $50. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 2.5% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, $15. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to
[May 30, 2001] 340 police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. (3) The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) (705 ILCS 105/27.2) (from Ch. 25, par. 27.2) Sec. 27.2. The fees of the clerks of the circuit court in all counties having a population in excess of 650,000 inhabitants but less than 3,000,000 inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, counties with more than 650,000 inhabitants but less than 3,000,000 inhabitants must charge the minimum fee listed in this Section and may charge up to the maximum fee if the county board has by resolution increased the fee. In addition, the minimum fees authorized
341 [May 30, 2001] possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $40 and a maximum of $75. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $150 and a maximum of $225. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $50 and a maximum of $60. When the amount exceeds $1500, but does not exceed $5,000
[May 30, 2001] 342 small claims and forcible entry and detainer cases, a minimum of $10 and a maximum of $15. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, a minimum of $80 and a maximum of $125. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $4 and a maximum of $6. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, a minimum of $50 and a maximum of $75. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, a minimum of $120 and a maximum of $150. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of a minimum of 20 and a maximum of 25 cents per page. (5) For reproduction of any document contained in the clerk's files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $4 and a maximum of $6 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $4 and a maximum of $6. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $25 and a maximum of $50. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $4 and a maximum of $5. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the
343 [May 30, 2001] Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $192.50 and a maximum of $212.50, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $10 and a maximum of $20; for recording the same, a minimum of 25¢ and a maximum of $0.50 for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $30 and a maximum of $60 for each expungement petition filed and an additional fee of a minimum of $2 and a maximum of $4 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $100 and a maximum of $150, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $25 and a maximum of $40. (2) For administration of the estate of a ward, a minimum of $50 and a maximum of $75, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property
[May 30, 2001] 344 does not exceed $15,000, the fee shall be a minimum of $25 and a maximum of $40. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $10 and a maximum of $20. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $15 and a maximum of $25. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $10 and a maximum of $20; when the amount claimed is $500 or more but less than $10,000, a minimum of $25 and a maximum of $40; when the amount claimed is $10,000 or more, a minimum of $40 and a maximum of $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $40 and a maximum of $60. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $10 and a maximum of $30. (F) For each jury demand, a minimum of $102.50 and a maximum of $137.50. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $30 and a maximum of $50, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a maximum of $20. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $1 and a maximum of $2, plus a minimum of 50¢ and a maximum of $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, a minimum of $1 and a maximum of $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or
345 [May 30, 2001] other interested person or his attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $80 and a maximum of $125. (B) Misdemeanor complaints, a minimum of $50 and a maximum of $75. (C) Business offense complaints, a minimum of $50 and a maximum of $75. (D) Petty offense complaints, a minimum of $50 and a maximum of $75. (E) Minor traffic or ordinance violations, $20. (F) When court appearance required, $30. (G) Motions to vacate or amend final orders, a minimum of $20 and a maximum of $40. (H) Motions to vacate bond forfeiture orders, a minimum of $20 and a maximum of $30. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $20 and a maximum of $30. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $20 and a maximum of $25. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $20 and a maximum of $40. (2) In counties having a population of more than 650,000 but fewer than 3,000,000 inhabitants, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, $10. (B) When court appearance required, $15. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $50 and a maximum of $112.50 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $25 and a maximum of $40. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved pertaining to the same taxpayer
[May 30, 2001] 346 (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, a minimum of $150 and a maximum of $250. (2) For each additional parcel, add a fee of a minimum of $50 and a maximum of $100. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to a minimum of 2.5% and a maximum of 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $15 and a maximum of $25. (dd) Exceptions. The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoptions. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois
347 [May 30, 2001] Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.) (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a) Sec. 27.2a. The fees of the clerks of the circuit court in all counties having a population of 3,000,000 or more inhabitants in the instances described in this Section shall be as provided in this Section. In those instances where a minimum and maximum fee is stated, the clerk of the circuit court must charge the minimum fee listed and may charge up to the maximum fee if the county board has by resolution increased the fee. The fees shall be paid in advance and shall be as follows: (a) Civil Cases. The fee for filing a complaint, petition, or other pleading initiating a civil action, with the following exceptions, shall be a minimum of $190 and a maximum of $240. (A) When the amount of money or damages or the value of personal property claimed does not exceed $250, a minimum of $15 and a maximum of $22. (B) When that amount exceeds $250 but does not exceed $1000, a minimum of $40 and a maximum of $75. (C) When that amount exceeds $1000 but does not exceed $2500, a minimum of $50 and a maximum of $80. (D) When that amount exceeds $2500 but does not exceed $5000, a minimum of $100 and a maximum of $130. (E) When that amount exceeds $5000 but does not exceed $15,000, $150. (F) For the exercise of eminent domain, $150. For each additional lot or tract of land or right or interest therein subject to be condemned, the damages in respect to which shall require separate assessment by a jury, $150. (G) For the final determination of parking, standing, and compliance violations and final administrative decisions issued after hearings regarding vehicle immobilization and impoundment made pursuant to Sections 3-704.1, 6-306.5, and 11-208.3 of the Illinois Vehicle Code, $25. (b) Forcible Entry and Detainer. In each forcible entry and detainer case when the plaintiff seeks possession only or unites with his or her claim for possession of the property a claim for rent or damages or both in the amount of $15,000 or less, a minimum of $75 and a maximum of $140. When the plaintiff unites his or her claim for possession with a claim for rent or damages or both exceeding $15,000, a minimum of $225 and a maximum of $335. (c) Counterclaim or Joining Third Party Defendant. When any defendant files a counterclaim as part of his or her answer or otherwise or joins another party as a third party defendant, or both, the defendant shall pay a fee for each counterclaim or third party action in an amount equal to the fee he or she would have had to pay had he or she brought a separate action for the relief sought in the counterclaim or against the third party defendant, less the amount of the appearance fee, if that has been paid. (d) Confession of Judgment. In a confession of judgment when the amount does not exceed $1500, a minimum of $60 and a maximum of $70. When the amount exceeds $1500, but does not exceed $5000, a minimum of $75 and a
[May 30, 2001] 348 maximum of $150. When the amount exceeds $5000, but does not exceed $15,000, a minimum of $175 and a maximum of $260. When the amount exceeds $15,000, a minimum of $250 and a maximum of $310. (e) Appearance. The fee for filing an appearance in each civil case shall be a minimum of $75 and a maximum of $110, except as follows: (A) When the plaintiff in a forcible entry and detainer case seeks possession only, a minimum of $40 and a maximum of $80. (B) When the amount in the case does not exceed $1500, a minimum of $40 and a maximum of $80. (C) When that amount exceeds $1500 but does not exceed $15,000, a minimum of $60 and a maximum of $90. (f) Garnishment, Wage Deduction, and Citation. In garnishment affidavit, wage deduction affidavit, and citation petition when the amount does not exceed $1,000, a minimum of $15 and a maximum of $25; when the amount exceeds $1,000 but does not exceed $5,000, a minimum of $30 and a maximum of $45; and when the amount exceeds $5,000, a minimum of $50 and a maximum of $80. (g) Petition to Vacate or Modify. (1) Petition to vacate or modify any final judgment or order of court, except in forcible entry and detainer cases and small claims cases or a petition to reopen an estate, to modify, terminate, or enforce a judgment or order for child or spousal support, or to modify, suspend, or terminate an order for withholding, if filed before 30 days after the entry of the judgment or order, a minimum of $50 and a maximum of $60. (2) Petition to vacate or modify any final judgment or order of court, except a petition to modify, terminate, or enforce a judgment or order for child or spousal support or to modify, suspend, or terminate an order for withholding, if filed later than 30 days after the entry of the judgment or order, a minimum of $75 and a maximum of $90. (3) Petition to vacate order of bond forfeiture, a minimum of $40 and a maximum of $80. (h) Mailing. When the clerk is required to mail, the fee will be a minimum of $10 and a maximum of $15, plus the cost of postage. (i) Certified Copies. Each certified copy of a judgment after the first, except in small claims and forcible entry and detainer cases, a minimum of $15 and a maximum of $20. (j) Habeas Corpus. For filing a petition for relief by habeas corpus, a minimum of $125 and a maximum of $190. (k) Certification, Authentication, and Reproduction. (1) Each certification or authentication for taking the acknowledgment of a deed or other instrument in writing with the seal of office, a minimum of $6 and a maximum of $9. (2) Court appeals when original documents are forwarded, under 100 pages, plus delivery and costs, a minimum of $75 and a maximum of $110. (3) Court appeals when original documents are forwarded, over 100 pages, plus delivery and costs, a minimum of $150 and a maximum of $185. (4) Court appeals when original documents are forwarded, over 200 pages, an additional fee of a minimum of 25 and a maximum of 30 cents per page. (5) For reproduction of any document contained in the clerk's
349 [May 30, 2001] files: (A) First page, $2. (B) Next 19 pages, 50 cents per page. (C) All remaining pages, 25 cents per page. (l) Remands. In any cases remanded to the Circuit Court from the Supreme Court or the Appellate Court for a new trial, the clerk shall file the remanding order and reinstate the case with either its original number or a new number. The Clerk shall not charge any new or additional fee for the reinstatement. Upon reinstatement the Clerk shall advise the parties of the reinstatement. A party shall have the same right to a jury trial on remand and reinstatement as he or she had before the appeal, and no additional or new fee or charge shall be made for a jury trial after remand. (m) Record Search. For each record search, within a division or municipal district, the clerk shall be entitled to a search fee of a minimum of $6 and a maximum of $9 for each year searched. (n) Hard Copy. For each page of hard copy print output, when case records are maintained on an automated medium, the clerk shall be entitled to a fee of a minimum of $6 and a maximum of $9. (o) Index Inquiry and Other Records. No fee shall be charged for a single plaintiff/defendant index inquiry or single case record inquiry when this request is made in person and the records are maintained in a current automated medium, and when no hard copy print output is requested. The fees to be charged for management records, multiple case records, and multiple journal records may be specified by the Chief Judge pursuant to the guidelines for access and dissemination of information approved by the Supreme Court. (p) Commitment Petitions. For filing commitment petitions under the Mental Health and Developmental Disabilities Code, a minimum of $50 and a maximum of $100. (q) Alias Summons. For each alias summons or citation issued by the clerk, a minimum of $5 and a maximum of $6. (r) Other Fees. Any fees not covered in this Section shall be set by rule or administrative order of the Circuit Court with the approval of the Administrative Office of the Illinois Courts. The clerk of the circuit court may provide additional services for which there is no fee specified by statute in connection with the operation of the clerk's office as may be requested by the public and agreed to by the clerk and approved by the chief judge of the circuit court. Any charges for additional services shall be as agreed to between the clerk and the party making the request and approved by the chief judge of the circuit court. Nothing in this subsection shall be construed to require any clerk to provide any service not otherwise required by law. (s) Jury Services. The clerk shall be entitled to receive, in addition to other fees allowed by law, the sum of a minimum of $212.50 and maximum of $230, as a fee for the services of a jury in every civil action not quasi-criminal in its nature and not a proceeding for the exercise of the right of eminent domain and in every other action wherein the right of trial by jury is or may be given by law. The jury fee shall be paid by the party demanding a jury at the time of filing the jury demand. If the fee is not paid by either party, no jury
[May 30, 2001] 350 shall be called in the action or proceeding, and the same shall be tried by the court without a jury. (t) Voluntary Assignment. For filing each deed of voluntary assignment, a minimum of $20 and a maximum of $40; for recording the same, a minimum of 50¢ and a maximum of $0.80 for each 100 words. Exceptions filed to claims presented to an assignee of a debtor who has made a voluntary assignment for the benefit of creditors shall be considered and treated, for the purpose of taxing costs therein, as actions in which the party or parties filing the exceptions shall be considered as party or parties plaintiff, and the claimant or claimants as party or parties defendant, and those parties respectively shall pay to the clerk the same fees as provided by this Section to be paid in other actions. (u) Expungement Petition. The clerk shall be entitled to receive a fee of a minimum of $60 and a maximum of $120 for each expungement petition filed and an additional fee of a minimum of $4 and a maximum of $8 for each certified copy of an order to expunge arrest records. (v) Probate. The clerk is entitled to receive the fees specified in this subsection (v), which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this subsection: (1) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, a minimum of $150 and a maximum of $225, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) proof of heirship alone is made, (ii) a domestic or foreign will is admitted to probate without administration (including proof of heirship), or (iii) letters of office are issued for a particular purpose without administration of the estate, the fee shall be a minimum of $40 and a maximum of $65. (2) For administration of the estate of a ward, a minimum of $75 and a maximum of $110, plus the fees specified in subsection (v)(3), except: (A) When the value of the real and personal property does not exceed $15,000, the fee shall be a minimum of $40 and a maximum of $65. (B) When (i) letters of office are issued to a guardian of the person or persons, but not of the estate or (ii) letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward, the fee shall be a minimum of $20 and a maximum of $40. (3) In addition to the fees payable under subsection (v)(1) or (v)(2) of this Section, the following fees are payable: (A) For each account (other than one final account) filed in the estate of a decedent, or ward, a minimum of $25 and a maximum of $40. (B) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, a minimum of $20 and a maximum of $40; when the amount claimed is $500 or more but less than $10,000, a minimum of $40 and a maximum of $65; when the amount claimed is $10,000 or more, a minimum of $60
351 [May 30, 2001] and a maximum of $90; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant. (C) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief including the construction or contest of a will, enforcement of a contract to make a will, and proceedings involving testamentary trusts or the appointment of testamentary trustees, a minimum of $60 and a maximum of $90. (D) For filing in an estate (i) the appearance of any person for the purpose of consent or (ii) the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee. (E) Except as provided in subsection (v)(3)(D), for filing the appearance of any person or persons, a minimum of $30 and a maximum of $90. (F) For each jury demand, a minimum of $137.50 and a maximum of $180. (G) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, a minimum of $50 and a maximum of $80, less any amount paid under subsection (v)(1)(B) or (v)(2)(B) except that if the amount involved does not exceed $5,000, the fee, including any amount paid under subsection (v)(1)(B) or (v)(2)(B), shall be a minimum of $20 and a maximum of $40. (H) For each certified copy of letters of office, of court order or other certification, a minimum of $2 and a maximum of $4, plus $1 per page in excess of 3 pages for the document certified. (I) For each exemplification, $2, plus the fee for certification. (4) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay the cost of publication by the clerk directly to the newspaper. (5) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto. (6) The executor, administrator, guardian, petitioner, or other interested person or his or her attorney shall pay to the clerk all postage charges incurred by the clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975. (w) Criminal and Quasi-Criminal Costs and Fees. (1) The clerk shall be entitled to costs in all criminal and quasi-criminal cases from each person convicted or sentenced to supervision therein as follows: (A) Felony complaints, a minimum of $125 and a maximum of $190. (B) Misdemeanor complaints, a minimum of $75 and a maximum of $110. (C) Business offense complaints, a minimum of $75 and a maximum of $110. (D) Petty offense complaints, a minimum of $75 and a maximum of $110. (E) Minor traffic or ordinance violations, $30. (F) When court appearance required, $50. (G) Motions to vacate or amend final orders, a minimum of $40 and a maximum of $80.
[May 30, 2001] 352 (H) Motions to vacate bond forfeiture orders, a minimum of $30 and a maximum of $45. (I) Motions to vacate ex parte judgments, whenever filed, a minimum of $30 and a maximum of $45. (J) Motions to vacate judgment on forfeitures, whenever filed, a minimum of $25 and a maximum of $30. (K) Motions to vacate "failure to appear" or "failure to comply" notices sent to the Secretary of State, a minimum of $40 and a maximum of $50. (2) In counties having a population of 3,000,000 or more, when the violation complaint is issued by a municipal police department, the clerk shall be entitled to costs from each person convicted therein as follows: (A) Minor traffic or ordinance violations, a minimum of $30 and a maximum of $90. (B) When court appearance required, a minimum of $50 and a maximum of $150. (3) In ordinance violation cases punishable by fine only, the clerk of the circuit court shall be entitled to receive, unless the fee is excused upon a finding by the court that the defendant is indigent, in addition to other fees or costs allowed or imposed by law, the sum of a minimum of $112.50 and a maximum of $250 as a fee for the services of a jury. The jury fee shall be paid by the defendant at the time of filing his or her jury demand. If the fee is not so paid by the defendant, no jury shall be called, and the case shall be tried by the court without a jury. (x) Transcripts of Judgment. For the filing of a transcript of judgment, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (y) Change of Venue. (1) For the filing of a change of case on a change of venue, the clerk shall be entitled to the same fee as if it were the commencement of a new suit. (2) The fee for the preparation and certification of a record on a change of venue to another jurisdiction, when original documents are forwarded, a minimum of $40 and a maximum of $65. (z) Tax objection complaints. For each tax objection complaint containing one or more tax objections, regardless of the number of parcels involved or the number of taxpayers joining in the complaint, a minimum of $50 and a maximum of $100. (aa) Tax Deeds. (1) Petition for tax deed, if only one parcel is involved, a minimum of $250 and a maximum of $400. (2) For each additional parcel, add a fee of a minimum of $100 and a maximum of $200. (bb) Collections. (1) For all collections made of others, except the State and county and except in maintenance or child support cases, a sum equal to 3.0% of the amount collected and turned over. (2) Interest earned on any funds held by the clerk shall be turned over to the county general fund as an earning of the office. (3) For any check, draft, or other bank instrument returned to the clerk for non-sufficient funds, account closed, or payment stopped, $25. (4) In child support and maintenance cases, the clerk, if authorized by an ordinance of the county board, may collect an annual fee of up to $36 from the person making payment for maintaining child support records and the processing of support
353 [May 30, 2001] orders to the State of Illinois KIDS system and the recording of payments issued by the State Disbursement Unit for the official record of the Court. This fee shall be in addition to and separate from amounts ordered to be paid as maintenance or child support and shall be deposited into a Separate Maintenance and Child Support Collection Fund, of which the clerk shall be the custodian, ex-officio, to be used by the clerk to maintain child support orders and record all payments issued by the State Disbursement Unit for the official record of the Court. The clerk may recover from the person making the maintenance or child support payment any additional cost incurred in the collection of this annual fee. The clerk shall also be entitled to a fee of $5 for certifications made to the Secretary of State as provided in Section 7-703 of the Family Financial Responsibility Law and these fees shall also be deposited into the Separate Maintenance and Child Support Collection Fund. (cc) Corrections of Numbers. For correction of the case number, case title, or attorney computer identification number, if required by rule of court, on any document filed in the clerk's office, to be charged against the party that filed the document, a minimum of $25 and a maximum of $40. (dd) Exceptions. (1) The fee requirements of this Section shall not apply to police departments or other law enforcement agencies. In this Section, "law enforcement agency" means an agency of the State or a unit of local government which is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances. "Law enforcement agency" also means the Attorney General or any state's attorney. (2) No fee provided herein shall be charged to any unit of local government or school district. The fee requirements of this Section shall not apply to any action instituted under subsection (b) of Section 11-31-1 of the Illinois Municipal Code by a private owner or tenant of real property within 1200 feet of a dangerous or unsafe building seeking an order compelling the owner or owners of the building to take any of the actions authorized under that subsection. (ee) Adoption. (1) For an adoption.......................................$65 (2) Upon good cause shown, the court may waive the adoption filing fee in a special needs adoption. The term "special needs adoption" shall have the meaning ascribed to it by the Illinois Department of Children and Family Services. (ff) Adoption exemptions. No fee other than that set forth in subsection (ee) shall be charged to any person in connection with an adoption proceeding. (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98; 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; 91-821, eff. 6-13-00.) (705 ILCS 105/27.5) (from Ch. 25, par. 27.5) Sec. 27.5. All fees, fines, costs, additional penalties, bail balances assessed or forfeited, and any other amount paid by a person to the circuit clerk that equals an amount less than $55, except restitution under Section 5-5-6 of the Unified Code of Corrections, reimbursement for the costs of an emergency response as provided under Section 5-5-3 of the Unified Code of Corrections, any fees collected for attending a traffic safety program under paragraph (c) of Supreme Court Rule 529, any fee collected on behalf of a State's Attorney under Section 4-2002 of the Counties Code or a sheriff under Section 4-5001
[May 30, 2001] 354 of the Counties Code, or any cost imposed under Section 124A-5 of the Code of Criminal Procedure of 1963, for convictions, orders of supervision, or any other disposition for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a similar provision of a local ordinance,
355 [May 30, 2001] monitoring, drug or alcohol testing and screening, probation fees authorized under Section 5-6-3 of the Unified Code of Corrections, and supervision fees authorized under Section 5-6-3.1 of the Unified Code of Corrections, shall be disbursed within 60 days after receipt by the circuit clerk as follows: 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case; 16.825% shall be disbursed to the State Treasurer; and 38.675% shall be disbursed to the county's general corporate fund. Of the 16.825% disbursed to the State Treasurer, 2/17 shall be deposited by the State Treasurer into the Violent Crime Victims Assistance Fund, 5.052/17 shall be deposited into the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall be deposited into the Drivers Education Fund, and 6.948/17 shall be deposited into the Trauma Center Fund. Of the 6.948/17 deposited into the Trauma Center Fund from the 16.825% disbursed to the State Treasurer, 50% shall be disbursed to the Department of Public Health and 50% shall be disbursed to the Department of Public Aid. For fiscal year 1993, amounts deposited into the Violent Crime Victims Assistance Fund, the Traffic and Criminal Conviction Surcharge Fund, or the Drivers Education Fund shall not exceed 110% of the amounts deposited into those funds in fiscal year 1991. Any amount that exceeds the 110% limit shall be distributed as follows: 50% shall be disbursed to the county's general corporate fund and 50% shall be disbursed to the entity authorized by law to receive the fine imposed in the case. Not later than March 1 of each year the circuit clerk shall submit a report of the amount of funds remitted to the State Treasurer under this Section during the preceding year based upon independent verification of fines and fees. All counties shall be subject to this Section, except that counties with a population under 2,000,000 may, by ordinance, elect not to be subject to this Section. For offenses subject to this Section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act, unless those amounts are specifically waived by the judge. With respect to money collected by the circuit clerk as a result of forfeiture of bail, ex parte judgment or guilty plea pursuant to Supreme Court Rule 529, the circuit clerk shall first deduct and pay amounts required by Sections 27.3a and 27.3c of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. (b) In addition to any other fines and court costs assessed by the courts, any person convicted or receiving an order of supervision for driving under the influence of alcohol or drugs shall pay an additional fee of $25 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into the Trauma Center Fund. This additional fee of $25 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (c) In addition to any other fines and court costs assessed by the courts, any person convicted for a violation of Sections 24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a person sentenced for a violation of the Cannabis Control Act or the Controlled Substance Act shall pay an additional fee of $100 to the clerk of the circuit court. This amount, less 2 1/2% that shall be used to defray administrative costs incurred by the clerk, shall be remitted by the clerk to the Treasurer within 60 days after receipt for deposit into
[May 30, 2001] 356 the Trauma Center Fund. This additional fee of $100 shall not be considered a part of the fine for purposes of any reduction in the fine for time served either before or after sentencing. Not later than March 1 of each year the Circuit Clerk shall submit a report of the amount of funds remitted to the State Treasurer under this subsection during the preceding calendar year. (Source: P.A. 89-105, eff. 1-1-96; 89-234, eff. 1-1-96; 89-516, eff. 7-18-96; 89-626, eff. 8-9-96.) 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, 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, 2001.". The motion prevailed and the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 4 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 5-4(a). On motion of Representative Rutherford, SENATE BILL 385 was taken up and read by title a third time. And the question being, "Shall this bill pass?". Pending the vote on said bill, on motion of Representative Rutherford, further consideration of SENATE BILL 385 was postponed. ACTION ON MOTIONS Pursuant to the motion submitted previously, Representative Currie moved to suspend the posting requirements on Senate Amendments numbered 2 and 3 to SENATE BILL 2900 can be heard in Committee. The motion prevailed. SENATE BILL ON THIRD READING CONSIDERATION POSTPONED 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). SENATE BILL 385. Having been read by title a third time earlier today, and further consideration postponed, the same was again taken up. Representative Rutherford moved the passage of SENATE BILL 385. And the question being, "Shall this bill pass?" it was decided in the affirmative by the following vote: 62, Yeas; 48, Nays; 7, Answering Present. (ROLL CALL 42) This bill, having received the votes of three-fifths of the Members
357 [May 30, 2001] elected, was declared passed. Ordered that the Clerk inform the Senate. At the hour of 5:25 o'clock p.m., Representative Currie moved that the House do now adjourn until Thursday, May 31, 2001, at 10:00 o'clock a.m. The motion prevailed. And the House stood adjourned.
[May 30, 2001] 358 NO. 1 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL QUORUM ROLL CALL FOR ATTENDANCE MAY 30, 2001 0 YEAS 0 NAYS 117 PRESENT P ACEVEDO P FEIGENHOLTZ P LEITCH P PERSICO P BASSI P FLOWERS P LINDNER P POE P BEAUBIEN P FORBY P LYONS,EILEEN P REITZ P BELLOCK P FOWLER P LYONS,JOSEPH P RIGHTER P BERNS P FRANKS P MATHIAS P RUTHERFORD P BIGGINS P FRITCHEY P MAUTINO P RYAN P BLACK P GARRETT P MAY P RYDER P BOLAND P GILES P McAULIFFE P SAVIANO P BOST P GRANBERG P McCARTHY P SCHMITZ P BRADLEY P HAMOS P McGUIRE P SCHOENBERG P BRADY P HANNIG P McKEON P SCULLY P BROSNAHAN P HARTKE P MENDOZA P SLONE P BRUNSVOLD P HASSERT P MEYER P SMITH P BUGIELSKI P HOEFT P MILLER P SOMMER P BURKE P HOFFMAN P MITCHELL,BILL P SOTO P CAPPARELLI P HOLBROOK P MITCHELL,JERRY E STEPHENS P COLLINS P HOWARD P MOFFITT P STROGER P COULSON P HULTGREN P MOORE P TENHOUSE P COWLISHAW P JEFFERSON P MORROW P TURNER,ART P CROSS P JOHNSON P MULLIGAN P TURNER,JOHN P CROTTY P JONES,JOHN P MURPHY P WAIT P CURRIE P JONES,LOU P MYERS P WINKEL P CURRY P JONES,SHIRLEY P NOVAK P WINTERS P DANIELS P KENNER P O'BRIEN P WIRSING P DART P KLINGLER P O'CONNOR P WOJCIK P DAVIS,MONIQUE P KOSEL P OSMOND P YARBROUGH P DAVIS,STEVE P KRAUSE P OSTERMAN P YOUNGE P DELGADO P KURTZ P PANKAU P ZICKUS P DURKIN P LANG P PARKE P MR. SPEAKER P ERWIN P LAWFER E - Denotes Excused Absence
359 [May 30, 2001] NO. 2 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1069 DRYCLEANER TRUST FUND ACT-TECH THIRD READING PASSED MAY 30, 2001 82 YEAS 34 NAYS 1 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ N BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS N FRITCHEY Y MAUTINO N RYAN P BLACK N GARRETT N MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER N SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER N O'CONNOR N WOJCIK Y DAVIS,MONIQUE N KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ Y PANKAU N ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 360 NO. 3 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 263 DETECTION OF DECEPTION-SUNSET THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
361 [May 30, 2001] NO. 4 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2392 CONVEYANCES-INDEX NUMBER MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 362 NO. 5 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 926 DCCA-INTRNATL TOURISM FUND-USE THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
363 [May 30, 2001] NO. 6 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 372 ENVIRONMENTAL-LEGIS FINDINGS THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 364 NO. 7 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3289 OCC-USE TAX-EXEMPTIONS-RETURNS MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
365 [May 30, 2001] NO. 8 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2439 HOME LOAN COLLATERAL FUND ACT MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 366 NO. 9 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1908 SCH CD-ABOLISH TWP OFFR-DATE MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 30, 2001 113 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER A LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI A HOLBROOK Y MITCHELL,JERRY E STEPHENS A COLLINS A HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
367 [May 30, 2001] NO. 10 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2538 SAVINGS BNK-LOAN ASSOC LENDING MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 30, 2001 115 YEAS 0 NAYS 2 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS P FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE P MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 368 NO. 11 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2161 VEH CD-WITHHOLD LICENSE-MINORS MOTION TO CONCUR IN SENATE AMENDMENT NO. 3 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
369 [May 30, 2001] NO. 12 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1970 CONSUMER FRAUD-INTERPRETR-FORM MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 2 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 370 NO. 13 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3128 CHLD SUPPORT-STAT CASE REGSTRY MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
371 [May 30, 2001] NO. 14 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2380 LOCAL GOV-CONSTRUCT BONDS MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 3 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 372 NO. 15 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1030 BANKING ACT NAME-INFORMATION MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
373 [May 30, 2001] NO. 16 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2228 CRIM PRO-EVIDENCE RETENTION MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1, 2 AND 3 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 374 NO. 17 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1887 ENV PROT-WHITE GOODS-LEAD MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1 AND 3 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
375 [May 30, 2001] NO. 18 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 3192 SPECIAL EDUC-TRANSITION GOALS MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY A HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 376 NO. 19 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2419 INS ADVERSE DECISION NOTICE MOTION TO CONCUR IN SENATE AMENDMENTS NO. 1, 2 AND 3 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
377 [May 30, 2001] NO. 20 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 75 ENVIRONMENTAL-TAX CREDIT-GRANT THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 378 NO. 21 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 883 PUB AID-DEPT HEALTH FINANCE THIRD READING LOST MAY 30, 2001 41 YEAS 71 NAYS 5 PRESENT N ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI N FLOWERS N LINDNER Y POE Y BEAUBIEN Y FORBY N LYONS,EILEEN N REITZ N BELLOCK Y FOWLER N LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD N BIGGINS N FRITCHEY Y MAUTINO Y RYAN Y BLACK N GARRETT N MAY Y RYDER N BOLAND N GILES N McAULIFFE N SAVIANO N BOST N GRANBERG N McCARTHY N SCHMITZ N BRADLEY N HAMOS N McGUIRE N SCHOENBERG N BRADY N HANNIG N McKEON N SCULLY N BROSNAHAN N HARTKE N MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER P SMITH N BUGIELSKI N HOEFT N MILLER Y SOMMER N BURKE N HOFFMAN Y MITCHELL,BILL N SOTO N CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS N COLLINS N HOWARD Y MOFFITT N STROGER Y COULSON N HULTGREN N MOORE Y TENHOUSE N COWLISHAW N JEFFERSON N MORROW Y TURNER,ART Y CROSS N JOHNSON Y MULLIGAN Y TURNER,JOHN N CROTTY N JONES,JOHN P MURPHY N WAIT N CURRIE N JONES,LOU N MYERS Y WINKEL N CURRY P JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS P KENNER N O'BRIEN Y WIRSING N DART Y KLINGLER Y O'CONNOR P WOJCIK N DAVIS,MONIQUE Y KOSEL Y OSMOND N YARBROUGH N DAVIS,STEVE N KRAUSE N OSTERMAN N YOUNGE N DELGADO Y KURTZ Y PANKAU N ZICKUS Y DURKIN N LANG N PARKE Y MR. SPEAKER N ERWIN Y LAWFER E - Denotes Excused Absence
379 [May 30, 2001] NO. 22 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1283 CIV ADMIN-CERTIFIED AUDIT PROG THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 380 NO. 23 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 922 COOK TRUTH IN TAXATION-HEARING MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
381 [May 30, 2001] NO. 24 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 730 OCC-USE TX-MULTISTATE EXMPTION THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 382 NO. 25 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1176 TAX-COLLECTN-LIENS-FUND TRNSFR THIRD READING PASSED MAY 30, 2001 114 YEAS 2 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN A FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
383 [May 30, 2001] NO. 26 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 1907 VEH CD-CARPENTERS PLATES MOTION TO CONCUR IN SENATE AMENDMENT NO. 1 CONCURRED MAY 30, 2001 94 YEAS 18 NAYS 4 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO P BASSI Y FLOWERS Y LINDNER N POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH A RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN P BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI N HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON N HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW P TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS Y KENNER Y O'BRIEN N WIRSING Y DART N KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU P ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
[May 30, 2001] 384 NO. 27 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 975 ELECTIONS-TECH THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
385 [May 30, 2001] NO. 28 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 264 WORLD WAR II VETERAN DIPLOMA SECOND READING - AMENDMENT NO. 4 ADOPTED MAY 30, 2001 54 YEAS 49 NAYS 14 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH P PERSICO N BASSI Y FLOWERS N LINDNER N POE N BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS Y FRANKS Y MATHIAS N RUTHERFORD N BIGGINS Y FRITCHEY N MAUTINO Y RYAN N BLACK N GARRETT Y MAY N RYDER Y BOLAND P GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG Y McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG N BRADY Y HANNIG N McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE N BRUNSVOLD P HASSERT P MEYER Y SMITH Y BUGIELSKI N HOEFT P MILLER N SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL N SOTO Y CAPPARELLI Y HOLBROOK N MITCHELL,JERRY E STEPHENS P COLLINS Y HOWARD N MOFFITT Y STROGER N COULSON N HULTGREN N MOORE N TENHOUSE Y COWLISHAW Y JEFFERSON N MORROW Y TURNER,ART N CROSS N JOHNSON N MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN P MURPHY N WAIT Y CURRIE P JONES,LOU N MYERS Y WINKEL Y CURRY P JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS P KENNER Y O'BRIEN N WIRSING Y DART N KLINGLER N O'CONNOR N WOJCIK Y DAVIS,MONIQUE N KOSEL P OSMOND N YARBROUGH Y DAVIS,STEVE P KRAUSE Y OSTERMAN Y YOUNGE N DELGADO N KURTZ N PANKAU P ZICKUS N DURKIN Y LANG N PARKE Y MR. SPEAKER P ERWIN N LAWFER E - Denotes Excused Absence
[May 30, 2001] 386 NO. 29 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 461 CHILDRN-EARLY INTERVENTN SRVCS THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
387 [May 30, 2001] NO. 30 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 265 CRIM CD-INTOXICATED-DRUGGED MOTION TO RECEDE FROM HOUSE AMENDMENTS NO. 1 AND 2 RECEDED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 388 NO. 31 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 284 SCH CD-SUPP ST AID-LOW INC CON THIRD READING PASSED MAY 30, 2001 78 YEAS 36 NAYS 3 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO N BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN N REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS Y MATHIAS Y RUTHERFORD N BIGGINS Y FRITCHEY Y MAUTINO N RYAN N BLACK Y GARRETT Y MAY N RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST Y GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON N SCULLY N BROSNAHAN N HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER N SOMMER Y BURKE Y HOFFMAN N MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON N HULTGREN Y MOORE N TENHOUSE N COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON P MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL N CURRY Y JONES,SHIRLEY Y NOVAK N WINTERS Y DANIELS Y KENNER N O'BRIEN N WIRSING Y DART N KLINGLER Y O'CONNOR N WOJCIK Y DAVIS,MONIQUE N KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO P KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG N PARKE Y MR. SPEAKER P ERWIN Y LAWFER E - Denotes Excused Absence
389 [May 30, 2001] NO. 32 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1504 MHDD ADM-NURSE AIDE REGISTRY THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 390 NO. 33 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 994 IL AG INFRASTRUCTURE DEVELOP THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
391 [May 30, 2001] NO. 34 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 30 WRK COMP-NO COLLECT-EMPLOYEE THIRD READING PASSED MAY 30, 2001 62 YEAS 46 NAYS 7 PRESENT N ACEVEDO Y FEIGENHOLTZ Y LEITCH N PERSICO N BASSI N FLOWERS Y LINDNER N POE Y BEAUBIEN Y FORBY P LYONS,EILEEN Y REITZ N BELLOCK Y FOWLER N LYONS,JOSEPH N RIGHTER Y BERNS Y FRANKS N MATHIAS Y RUTHERFORD N BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK N GARRETT N MAY N RYDER Y BOLAND P GILES N McAULIFFE N SAVIANO Y BOST Y GRANBERG Y McCARTHY N SCHMITZ N BRADLEY N HAMOS Y McGUIRE N SCHOENBERG N BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE N MENDOZA Y SLONE Y BRUNSVOLD N HASSERT Y MEYER Y SMITH N BUGIELSKI Y HOEFT N MILLER Y SOMMER N BURKE Y HOFFMAN Y MITCHELL,BILL N SOTO N CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS N COLLINS Y HOWARD Y MOFFITT Y STROGER P COULSON Y HULTGREN N MOORE Y TENHOUSE N COWLISHAW N JEFFERSON N MORROW Y TURNER,ART A CROSS Y JOHNSON N MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE P JONES,LOU N MYERS Y WINKEL Y CURRY P JONES,SHIRLEY Y NOVAK Y WINTERS A DANIELS P KENNER Y O'BRIEN N WIRSING Y DART N KLINGLER Y O'CONNOR N WOJCIK N DAVIS,MONIQUE N KOSEL Y OSMOND N YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN N YOUNGE Y DELGADO N KURTZ Y PANKAU P ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 392 NO. 35 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE BILL 2917 REDISTRICTING-CONGRESS-TECH ADOPT FIRST CONFERENCE COMMITTEE REPORT ADOPTED MAY 30, 2001 89 YEAS 27 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY Y LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY N MAUTINO N RYAN Y BLACK N GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO N BOST N GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY A HAMOS N McGUIRE Y SCHOENBERG Y BRADY N HANNIG Y McKEON N SCULLY N BROSNAHAN N HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT N STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON N MULLIGAN Y TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL N CURRY Y JONES,SHIRLEY N NOVAK N WINTERS Y DANIELS Y KENNER N O'BRIEN Y WIRSING N DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE N KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN N LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
393 [May 30, 2001] NO. 36 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 188 SCH CD-TEACHERS INST-ELECT DAY THIRD READING PASSED MAY 30, 2001 116 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON A HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 394 NO. 37 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 267 VEH CD-MARINE CORPS PLATES THIRD READING PASSED MAY 30, 2001 97 YEAS 5 NAYS 14 PRESENT Y ACEVEDO P FEIGENHOLTZ Y LEITCH Y PERSICO P BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY P LYONS,EILEEN P REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN P BLACK Y GARRETT N MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST A GRANBERG N McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN P HARTKE Y MENDOZA N SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI N HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE P TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN P MURPHY Y WAIT Y CURRIE P JONES,LOU Y MYERS Y WINKEL P CURRY P JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER P O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND P YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU P ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
395 [May 30, 2001] NO. 38 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL HOUSE JOINT RESOLUTION 37 GOVERNOR-TEACHERS RETIREMENT ADOPTED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 396 NO. 39 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE JOINT RESOLUTION 28 WAIVER OF SCHOOL CODE MANDATES ADOPTED MAY 30, 2001 84 YEAS 33 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ N LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER N POE N BEAUBIEN Y FORBY N LYONS,EILEEN Y REITZ N BELLOCK Y FOWLER Y LYONS,JOSEPH N RIGHTER Y BERNS N FRANKS N MATHIAS N RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN N BLACK N GARRETT N MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE N SAVIANO N BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG N BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE N BRUNSVOLD Y HASSERT N MEYER Y SMITH Y BUGIELSKI N HOEFT Y MILLER N SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI N HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON N HULTGREN N MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS N JOHNSON Y MULLIGAN N TURNER,JOHN Y CROTTY N JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU N MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR N WOJCIK Y DAVIS,MONIQUE Y KOSEL N OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO N KURTZ N PANKAU N ZICKUS Y DURKIN Y LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence
397 [May 30, 2001] NO. 40 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 264 WORLD WAR II VETERAN DIPLOMA THIRD READING PASSED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
[May 30, 2001] 398 NO. 41 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 1135 INC TAX-HOUSING DEVELOP CREDIT MOTION TO RECEDE FROM HOUSE AMENDMENT NO. 1 RECEDED MAY 30, 2001 117 YEAS 0 NAYS 0 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO Y BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN Y FORBY Y LYONS,EILEEN Y REITZ Y BELLOCK Y FOWLER Y LYONS,JOSEPH Y RIGHTER Y BERNS Y FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO Y RYAN Y BLACK Y GARRETT Y MAY Y RYDER Y BOLAND Y GILES Y McAULIFFE Y SAVIANO Y BOST Y GRANBERG Y McCARTHY Y SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE Y SCHOENBERG Y BRADY Y HANNIG Y McKEON Y SCULLY Y BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH Y BUGIELSKI Y HOEFT Y MILLER Y SOMMER Y BURKE Y HOFFMAN Y MITCHELL,BILL Y SOTO Y CAPPARELLI Y HOLBROOK Y MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER Y COULSON Y HULTGREN Y MOORE Y TENHOUSE Y COWLISHAW Y JEFFERSON Y MORROW Y TURNER,ART Y CROSS Y JOHNSON Y MULLIGAN Y TURNER,JOHN Y CROTTY Y JONES,JOHN Y MURPHY Y WAIT Y CURRIE Y JONES,LOU Y MYERS Y WINKEL Y CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART Y KLINGLER Y O'CONNOR Y WOJCIK Y DAVIS,MONIQUE Y KOSEL Y OSMOND Y YARBROUGH Y DAVIS,STEVE Y KRAUSE Y OSTERMAN Y YOUNGE Y DELGADO Y KURTZ Y PANKAU Y ZICKUS Y DURKIN Y LANG Y PARKE Y MR. SPEAKER Y ERWIN Y LAWFER E - Denotes Excused Absence
399 [May 30, 2001] NO. 42 STATE OF ILLINOIS NINETY-SECOND GENERAL ASSEMBLY HOUSE ROLL CALL SENATE BILL 385 COUNTY CLERK FEES-TAX SALE THIRD READING - CONSIDERATION POSTPONED PASSED MAY 30, 2001 62 YEAS 48 NAYS 7 PRESENT Y ACEVEDO Y FEIGENHOLTZ Y LEITCH Y PERSICO N BASSI Y FLOWERS Y LINDNER Y POE Y BEAUBIEN N FORBY N LYONS,EILEEN N REITZ Y BELLOCK N FOWLER Y LYONS,JOSEPH N RIGHTER N BERNS N FRANKS Y MATHIAS Y RUTHERFORD Y BIGGINS Y FRITCHEY Y MAUTINO N RYAN Y BLACK N GARRETT N MAY Y RYDER N BOLAND Y GILES N McAULIFFE Y SAVIANO N BOST N GRANBERG N McCARTHY N SCHMITZ Y BRADLEY Y HAMOS Y McGUIRE N SCHOENBERG Y BRADY N HANNIG Y McKEON N SCULLY N BROSNAHAN Y HARTKE Y MENDOZA Y SLONE Y BRUNSVOLD Y HASSERT Y MEYER Y SMITH N BUGIELSKI Y HOEFT P MILLER N SOMMER Y BURKE N HOFFMAN N MITCHELL,BILL P SOTO N CAPPARELLI Y HOLBROOK N MITCHELL,JERRY E STEPHENS Y COLLINS Y HOWARD Y MOFFITT Y STROGER N COULSON Y HULTGREN Y MOORE Y TENHOUSE N COWLISHAW P JEFFERSON P MORROW Y TURNER,ART Y CROSS N JOHNSON N MULLIGAN N TURNER,JOHN N CROTTY N JONES,JOHN Y MURPHY N WAIT Y CURRIE Y JONES,LOU N MYERS N WINKEL N CURRY Y JONES,SHIRLEY Y NOVAK Y WINTERS Y DANIELS Y KENNER Y O'BRIEN Y WIRSING Y DART N KLINGLER N O'CONNOR Y WOJCIK P DAVIS,MONIQUE N KOSEL N OSMOND P YARBROUGH Y DAVIS,STEVE N KRAUSE Y OSTERMAN Y YOUNGE P DELGADO Y KURTZ Y PANKAU N ZICKUS N DURKIN N LANG N PARKE Y MR. SPEAKER Y ERWIN N LAWFER E - Denotes Excused Absence