NEW ITEMS
Meeting of the Cook County Board of Commissioners
County Board Room, County Building
Tuesday, November 18, 2003, 10:00 A.M.
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TRANSFER OF FUNDS
ITEM #1
Transmitting a Communication, dated November 12, 2003 from
ROBERTO MALDONADO, County Commissioner
Please transfer the amount of $3,225.00 from (018-660 Account) Rental of Facilities, and the amount of $1,530.00 from (018-429 Account) Utilities to (018-390 Account) Supplies and Materials Not Otherwise Classified.
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Hansen, seconded by Commissioner Peraica, moved that the transfer of funds be approved. The motion carried unanimously.
PROPOSED RESOLUTIONS
ITEM #2
Submitting a Proposed Resolution sponsored by
JOHN H. STROGER, JR., President, Cook County Board of Commissioners
Co-Sponsored by
JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, JOHN P. DALEY,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,
ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,
ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,
BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners
PROPOSED RESOLUTION
WHEREAS, Almighty God in His infinite wisdom has called legendary Chicago Sun-Times columnist, Irv Kupcient from our midst; and
WHEREAS, despite humble origins as the son of a bakery truck driver, Mr. Kupcient grew into a true Chicago icon, beginning his historic career as a sportswriter in 1935; and
WHEREAS, Kup's Column celebrated its 60th anniversary this year to become the longest running newspaper column in the nation's history; and
WHEREAS, Kup's keen insight, voluminous Rolodex and engaging writing style made Kup's Column the most widely read feature in Chicago; and
WHEREAS, a pioneering television host, his program, Kup's Show, premiered in February 1959, and ran for a record 27 years, providing richly textured insight into the lives of celebrities from around the globe, the program was honored with the prestigious Peabody Award for nearly three decades of innovative television programming; and
WHEREAS, Kup had the distinction of being a member of four Halls of Fame; one for journalism and one for sports; in addition to the Jewish and the University of North Dakota Halls of Fame; and
WHEREAS, to say that Kup's boundless reservoir of historical experiences, as well as his myriad contributions to the journalistic and sports arenas served as a source of inspiration and joy for countless admirers and students around the world, would be a gross understatement; and
WHEREAS, with the passing of Irv Kupcinet, we have lost an innovative and distinguished journalist, who, in all his 91 years, never lost the "fire in his belly" and maintained a voracious appetite for knowledge, displaying an unrivaled work ethic.
PROPOSED RESOLUTIONS continued
ITEM #2 cont’d
NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners, on behalf of the more than five million residents of Cook County, does hereby express its deepest condolences and most heartfelt sympathy to the family as well as the many friends and loved ones of Irv Kupcient.
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Hansen, seconded by Commissioner Silvestri, moved that the Resolution be approved and adopted. The motion carried unanimously.
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ITEM #3
Submitting a Proposed Resolution sponsored by
EARLEAN COLLINS, County Commissioner
Co-Sponsored by
JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,
ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,
ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,
BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners
PROPOSED RESOLUTION
WHEREAS, Cook County is a home rule unit of local government pursuant to Article VII Section 6(a) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the cost of maintaining inmates at Cook County Jail is an increasing financial burden on the taxpayers of Cook County; and
WHEREAS, a significant number of these individuals are held for non-bondable offenses, and the State of Illinois is authorized to pay the County at a rate of $50.00 per day for each detainee in the custody of Cook County Jail who are denied bail according to Section 110-18 of this code (725 ILCS 5/110-6.1); and
WHEREAS, such payments can be collected from the State of Illinois only if the Sheriff certifies to the County Treasurer, the number of days that persons had been detained in the custody of the Sheriff without bond being set as a result of an order entered pursuant to Section 110-6.1; and
WHEREAS, the County Treasurer shall, no later than January 1, annually certify to the Supreme Court the number of days that persons had been detained without bond during the twelve month period ending November 30, in order to have the money appropriated to the Supreme Court for that purpose.
NOW, THEREFORE, BE IT RESOLVED, that the Sheriff takes immediate action to certify the number of eligible detainees to meet the November 30 deadline; and
BE IT FURTHER RESOLVED, that the Cook County Board of Commissioners and the Sheriff work aggressively with the Governor and members of the General Assembly of Illinois to ensure that the necessary funding is appropriated in the State's next fiscal year budget to be used for above stated purpose.
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Collins, seconded by Commissioner Silvestri, moved that the Resolution be approved and adopted. The motion carried unanimously.
PROPOSED SUBSTITUTE ORDINANCE
Note: This is a Substitute Ordinance for Comm. No. 262243 referred to the Committee on Finance on October 30, 2003.
Submitting a Proposed Substitute Ordinance sponsored by
JOHN H. STROGER, JR., President, Cook County Board of Commissioners
PROPOSED SUBSTITUTE ORDINANCE
COOK COUNTY PERSONAL PROPERTY LEASE TRANSACTION TAX
WHEREAS, the County of Cook is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution; and
WHEREAS, as a home rule county, the County of Cook is authorized by 55 ILCS 5/5-1009 to impose a tax upon lease receipts; and
WHEREAS, the Board of Cook County Commissioners finds that alternative and new sources of revenue are required to fund the operations of Cook County Government.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF COOK, ILLINOIS AS FOLLOWS:
SECTIONS:
1. Title.
2. Definitions.
3. Tax Imposed.
4. Exempt Lessees.
5. Exempt Leases or Rentals.
6. Leases for Re-lease.
7. Collection and Remittance.
8. Tax Remittance and Returns.
9. Registration.
10. Contents of Lease Agreements.
11. Maintaining Books and Records.
12. Rules and Regulations.
13. Uniform Penalties, Interest and Procedures.
14. Penalties.
15. Severability.
16. Effective Date.
Section 1 Title.
This Ordinance shall be known and may be cited as the Cook County Personal Property Lease Transaction Tax Ordinance. The tax imposed by this Ordinance shall be known as the “Cook County Personal Property Lease Transaction Tax", and is imposed in addition to all other taxes imposed by Cook County, the State of Illinois or any other municipal corporation or political subdivision of the State of Illinois.
Section 2 Definitions.
When any of the following words or terms are used in this Ordinance, whether or not capitalized and whether or not used in a conjunctive or connective form, they shall have the meaning or construction ascribed to them in this Section:
A. "County" means the County of Cook.
B. "Computer" means, but not by way of limitation, a device that accepts, processes, stores, retrieves, or outputs data including, but not limited to, storage and telecommunication devices or other computer hardware connected to or used with computers.
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
C. "Computer program" or “program” means, but not by way of limitation, a series of coded instructions or statements in a form acceptable to a computer and intended for execution on a computer, either directly or indirectly, to bring about a certain result, such as causing the computer to process data and supply the results of the data processing.
D. "Computer software" or "software" means, but not by way of limitation, data and information that are associated with the hardware of a computer such as a collection of computer programs, routines, compilers, assemblers, translators, manuals, circuit diagrams and operation procedures.
E. "Data" or "database" means, but not by way of limitation, a representation of information, knowledge, facts, concepts or instructions, including program documentation, which is prepared in a formalized manner and is stored or processed in or transmitted by a computer. Data may be in any form including, but not limited to, reports, printouts, magnetic or optical storage media, punch cards or data stored internally in the memory of the computer.
F. "Department of Revenue" or "Department” means the Department of Revenue of Cook County.
G. "Director of Revenue" or "Director” means the Director of Revenue of Cook County.
H. “Lease” or "rental" means any transfer of the possession or use of personal property, but not title or ownership, to a user for consideration, whether designated as a lease, rental, license or by some other term, and includes a "nonpossessory lease.”
The term “nonpossessory lease" means a lease or rental wherein use but not possession of the personal property is transferred and includes, but is not limited to, leased time on or use of any and all personal property not otherwise itself rented, such as leased time on or for the use of addressing machines, billboards, calculators, computers, computer software, copying equipment or data processing equipment, whether the time is fully or partially utilized, and specifically includes a "nonpossessory computer lease.”
The term "nonpossessory computer lease" means a nonpossessory lease in which the customer obtains access to the provider's computer and uses the computer and its software to input, modify or retrieve data or information, in each case without the intervention (other then de minimis intervention) of personnel acting on behalf of the provider. The term "nonpossessory computer lease” includes, but is not limited to, time-sharing or time or other use of a computer with other users. In the case of a nonpossessory computer lease, the location of the terminal or other device by which a user accesses the computer shall be deemed to be the place of lease or rental and the place of use of the computer for purposes of the tax imposed by this Ordinance.
The words "lease" or "rental" shall not be construed to include an agreement that constitutes a bona fide conditional sale of personal property. A conditional sale is an agreement that (1) gives the lessee the option to purchase the personal property for an amount other than the fair market value; or (2) guarantees the lessor that the personal property will be purchased at the termination of the agreement.
The words "lease" or "rental" shall include a transfer of the use of software within the meaning of this section only if, for purposes of the Illinois Retailers' Occupation Tax and Illinois Use Tax, the software is not "custom" software and the transfer is an exempt license of software.
I. “Lease or rental payment period” means the length of time or period of use that is covered by a single lease or rental payment as agreed to under the terms of the lease or rental agreement.
J. “Lease price” or “rental price” means the consideration for the lease or rental of personal property, valued in money, whether received in money or otherwise, including cash, credits, property and services, determined without any deduction for costs or expenses whatsoever, but not including charges that are added to the price by a lessor on account of the tax imposed by this section or on account of any other tax imposed on the lessee for the lease or rental of personal property. The term "lease price" or "rental price” shall exclude separately stated charges not for the use of personal property. If any separately stated charge is not optional, it shall be presumed unless proved otherwise that it is part of the charge for the use of the personal property. The “lease price” or "rental price," in the case of a nonpossessory computer lease, includes all charges for the use of the computer's hardware, computer software, computer programs and databases for any purpose whether or not the charge for use is measured by the actual amount of time used or by some other measure.
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
A transfer of the use or ownership of personal property, or a provision of a service, that is ancillary to a nonpossessory computer lease shall be deemed a separate transaction for purposes of determining whether the charge for the transfer or the service is includible in the lease or rental price of the nonpossessory computer lease only if the transfer or service is optional. The charge for a transfer or service that is not optional shall be included in the lease or rental price of the underlying nonpossessory computer lease, even if a separate charge for the transfer or service is stated in a contract or invoice. A transfer or service shall be considered optional for this purpose only if the lessee could have obtained the same nonpossessory computer lease from the same lessor without the transfer or service.
K. “Lessee” means any person who leases or rents personal property from another, whether the lease or rental price is paid by the lessee or by another person.
L. “Lessor” means any person, including the assignee of any lease or rental agreement, who leases or rents personal property to users.
M. "Membership organization" means a corporation or other person that is organized on a membership basis. A person that is wholly owned by members of a membership organization, and that is operated primarily to furnish goods, services or facilities to members of the organization, shall be deemed a membership organization, its owners shall be deemed its members, and the membership organization and the deemed membership organization shall be treated as a member of the other. A person having trading privileges on an exchange that either is a membership organization, or is directly or indirectly owned 100 percent by a membership organization, shall be treated as a member of the membership organization. The term “membership organization" does not include an organization whose primary purpose is to sell or lease personal property to persons who do not manage the organization, have the right to elect management, or have trading privileges on the organization.
N. “Person" means any individual, receiver, administrator, executor, conservator, trust, estate, partnership, joint venture, club, joint stock company, business trust, corporation, association, limited liability company, membership organization, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal nonprofit, or otherwise, or the State of Illinois or any political subdivision thereof, or the United States or any instrumentality thereof.
O. “Personal property" means any and all property other than real property.
P. "Use" means the exercise of any right to or power over personal property by a lessee incident to the lease or rental of that property including, but not limited to, the permanent or temporary storage, stationing or garaging of personal property by the lessee. “Use” by a lessee includes not only the use of personal property directly by the lessee but also the use of personal property by the lessee's agents, representatives or other authorized designees.
Section 3 Tax Imposed.
A. Except as otherwise provided in this Ordinance, a tax is imposed upon: (1) receipts from the lease or rental in the County of personal property, or (2) the privilege of using in the County personal property that is leased or rented outside the County. The incidence of the tax and the obligation to pay the tax are upon the lessee of the personal property.
B. The rate of the tax shall be 4% percent of the lease or rental price. The tax shall be paid by the lessee at the time of each lease or rental payment, and each tax payment shall be determined by applying the tax rate to the lease or rental payment.
C. For purposes of this chapter, the lease or rental of personal property shall be deemed to take place at the location where the lessee takes possession or delivery of the personal property.
D. Notwithstanding Section 3.A, a lessee of personal property leased or rented in the County shall not be required to pay tax for any lease or rental payment period in which the personal property is used solely outside the County; provided, however, that this subsection 3(D) shall not apply to the lease or rental payment period in which the lessee takes possession or delivery of the personal property at a location in the County.
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
E. To prevent multiple taxation, any lessee that uses in the County personal property leased or rented outside the State of Illinois may claim a credit against the tax imposed by this Ordinance equal to any tax properly due and actually paid to another governmental unit outside the State of Illinois with respect to the lease or rental of such personal property. The credit may not exceed the amount of the tax imposed by this Ordinance that otherwise would be due.
F. Nothing in this Ordinance shall be construed to impose a tax upon any transaction or privilege which, under the constitutions of the United States or the State of Illinois, may not be made the subject of taxation by the County.
Section 4 Exempt Lessees.
Notwithstanding any other provision of this Ordinance, the following lessees shall be exempt from the tax imposed by Section 3:
A. A lessee that is a governmental body;
B. A lessee that is an organization organized and operated exclusively for charitable, educational or religious purposes.
Section 5 Exempt Leases or Rentals.
A. Notwithstanding any other provision of this Ordinance, the following leases or rentals shall be exempt from the tax imposed by Section 3:
(1) Personal property leased or rented outside the County if the property is primarily used (more than 50 percent) outside the County.
(2) The lease or rental of rolling stock actually moving in interstate commerce by an interstate carrier for hire.
(3) The lease or rental of personal property where the lease or rental price is paid in its entirety by inserting one or more coins or bills of currency of the United States into a mechanism attached to the personal property.
(4) The lease or rental of medical appliances or medical equipment by an individual for the purpose of correcting or treating parts of his or her own body.
(5) The lease or rental of personal property if the lessor and lessee are members of the same related group. For purposes of this exemption, the term "related group" means a person and all other persons directly or indirectly owned 100 percent by the person. A person shall be deemed to own a corporation if it directly or indirectly owns 100 percent of the corporation's outstanding voting stock.
(6) The lease or rental of personal property that is leased by a membership organization to a member of such membership organization, or by a person that is wholly owned directly or indirectly by one or more membership organizations to a member of any of such membership organizations, provided that substantially all of the lessor's leases of personal property of the same type are to such members.
(7) The nonpossessory lease of a computer to effectuate the execution, clearing, processing, matching or recording of a trade on a board of trade designated as a contract market by the Commodity Futures Trading Commission or on a securities exchange registered with the Securities and Exchange Commission, or any other trade of any security (as defined in section 475(c)(2) of the Internal Revenue Code of 1986, as amended, without regard to the last sentence thereof), or any comparable security with respect to commodities, whether or not the parties to the lease also are parties to the trade.
(8) The nonpossessory lease of a computer to effectuate the deposit, withdrawal, transfer or loan of money or securities, including any related review of accounts or investment options by the account owner, whether or not the parties to the lease also are parties to the deposit, withdrawal, transfer or loan.
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
(9) Under rules to be prescribed by the Department, the nonpossessory lease of a computer in which the customer's use or control of the provider's computer is de minimis and the related charge is predominantly for information transferred to the customer rather than for the customer's use or control of the computer, such as the nonpossessory lease of a computer to receive either current price quotations or other information having a fleeting or transitory character.
(10) The lease or rental of a motion picture film by an owner, manager or operator of an amusement that exhibits the film to patrons who are subject to the tax imposed by the Cook County Amusement Tax.
B. For purposes of applying any of the exemptions contained in this section, every lease or rental payment period shall be deemed a separate transaction or privilege. Any person claiming an exemption shall have the burden of proving entitlement to the exemption for each lease or rental payment period for which the exemption is claimed.
Section 6 Leases for Re-Lease.
A. A lessee of personal property shall not be required to pay the tax imposed by this Ordinance for any lease or rental payment period in which the lessee in turn will act as a lessor of the same property, provided that the lessee supplies to its lessor a written verification that the property is being leased for re-lease, together with either (1) a re-lease certificate issued by the Department, or (2) documentary evidence that the subsequent lease is exempt from or otherwise not subject to, the tax.
B. Notwithstanding the provisions in subsection A of this section, the lessee is required to pay the tax in the event the lessee in turn will act as a lessor of the same property in a transaction that is exempt pursuant to Subsections 5(A) 3, 5 and 6 of this Ordinance.
Section 7 Collection and Remittance.
A. It shall be the duty of each lessor to collect the tax imposed by this Ordinance from the lessee at the time of each lease or rental payment, and to remit the tax to the Department in accordance with Section 8 of this Ordinance. In the event that a lessor fails to collect or remit the tax required to be collected by this section, the lessor shall be liable to the County for the amount of such tax.
B. In the case of an assignment of a lease or rental agreement, the original lessor shall not be required to collect and remit tax which becomes due after the assignment, provided that the original lessor separately stated the amount of the tax on the face of the agreement.
C. The tax imposed by this Ordinance, when collected or billed, shall be stated as a distinct item separate and apart from the lease rental price of the personal property.
Section 8 Tax Remittance and Returns.
A. On or before the last day of each calendar month, every lessor shall remit to the Department the tax attributable to lease or rental payments received during the immediately preceding calendar month, less a credit for collection of 1% of said attributable taxes. This credit is allowed to reimburse the lessor for the expenses incurred in collecting this tax, keeping records, remitting the tax and supplying data to the Department of Revenue. Each lessor shall file with the Department a remittance return. The remittance return shall be in a form prescribed by the Director, containing such information as the Director may reasonably require.
A lessor must remit tax and file remittance returns on the cash basis.
B. If a lessor fails to collect the tax imposed by this Ordinance from a lessee, then the lessee shall file a return and pay the tax directly to the Department on or before the date required by Subsection 8(A).
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
Section 9 Registration.
A. Every lessor that maintains an office or principal place of business in the County or that is required to collect the tax imposed by this Ordinance shall register with the Department on a form prescribed by the Director within 30 days after the effective date of this Ordinance, or within 30 days after establishing an office or principal place of business in the County or becoming subject to tax collection responsibilities, as the case may be.
B. If any information provided by a lessor on a registration form ceases to be accurate, then the lessor must file a corrected form with the Department.
Section 10 Contents of Lease Agreement.
Every lease or rental agreement, or memorandum of lease or rental, shall indicate the date of the transaction which it evidences, the name of the lessor and the lessee, the personal property to which it relates, the number and duration of lease or rental payment periods, and the amount of each lease or rental payment. All formal leases, rental agreements and memoranda of leases or rentals shall bear a number upon their face. No more than one formal lease or rental agreement, or memorandum of lease or rental, made by a lessor on any given date shall bear the same number. The number identifying the lease or rental agreement, or memorandum of lease or rental, shall be entered and recorded in the books of account required to be kept by Section 11 of this Ordinance.
Section 11 Maintaining Books and Records.
Every lessor and lessee shall retain for at least five years accurate books and records of each transaction or activity requiring that person to collect and remit or to pay the tax imposed by this Ordinance, including all original source documents. All such books and records shall be kept in the English language and, at all reasonable times during business hours of the day, shall be open to inspection by the Department. The Director may adopt, promulgate and enforce rules regarding electronic or other technological means of record retention.
Section 12 Rules and Regulations.
The Director is authorized to adopt, promulgate and enforce rules and regulations pertaining to the administration and enforcement of this Ordinance.
Section 13 Uniform Penalties, Interest and Procedures.
Whenever not inconsistent with the previsions of this Ordinance or whenever this Ordinance is silent, the provisions of the Uniform Penalties, Interest and Procedures of “An Ordinance Establishing the Department of Revenue, County of Cook”, dated November 20, 1992, shall apply.
Section 14 Penalties.
Any violation of the Ordinance shall be punishable by a fine of not less than $100.00 and not more than $1,000.00 or imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. It shall be deemed a violation of this Ordinance for any person knowingly to furnish false or inaccurate information as required herein. Criminal prosecutions pursuant to this Ordinance shall in no way bar the right of Cook County to institute proceedings to recover delinquent taxes, interest and penalty due and owing, as well as costs incurred for such proceeding. Civil penalties and interest assessed pursuant to this Ordinance shall be computed at a rate provided by the Cook County Uniform Penalty, Interest and Procedures Ordinance.
Section 15 Severability.
If any section, clause or other portion of this Ordinance is held invalid, that decision shall not affect the validity of the remaining portions of this Ordinance. It is hereby declared that all such remaining portions of this Ordinance are severable, and that the Cook County Board of Commissioners would have enacted the remaining portions if the portions that may be so held invalid had not been included in this Ordinance.
Section 16 Effective Date.
This Ordinance shall be effective on and after January 1, 2004.
PROPOSED SUBSTITUTE ORDINANCE continued
ITEM #4 cont’d
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Maldonado, seconded by Commissioner Steele, moved that the Proposed Substitute Ordinance be referred to the Committee on Finance. (Comm. No. 262510). The motion carried unanimously.
PROPOSED RESOLUTION
ITEM #5
Submitted a Proposed Resolution sponsored by
EARLEAN COLLINS, County Commissioner
Co-Sponsored by
JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL, JOHN P. DALEY,
ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,
ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,
ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,
BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners
PROPOSED RESOLUTION
WHEREAS, Cook County is a home rule unit of local government pursuant to Article VII Section 6(a) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the cost of continuing to operate an effective County government is escalating while revenues are declining; and
WHEREAS, the Illinois Vehicle Code grants authority to local governments to develop its own vehicle code in accordance with ILCS 625/5 Chapter 16, Article I; and
WHEREAS, reported by the Cook County Sheriff’s office, approximately 75,000 citations are issued each year under the auspices of the State of Illinois Vehicle Code and the majority of the proceeds generated through fees and fines are given to the State of Illinois; and
WHEREAS, many local municipalities of Illinois have adopted their own vehicle code in accordance with state statute which allows a majority of such fees and fines to be used for local revenue.
NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners develop and adopt a Cook County Vehicle Code and establish an administrative division for administration of such code in accordance with the Illinois Vehicle Codes. The provision shall include but not be limited to the following:
Chapter 11, Article II Obedience to and Effect of Traffic Laws
Chapter 11, Article V Driving While Intoxicated, Transporting Alcoholic Liquor and Reckless Driving
Chapter 11, Article VI Speed Restrictions
Chapter 11, Article XIV Miscellaneous Laws
Chapter 11, Article XV Bicycles
Chapter 16, Article I Enforcement, Penalties and Disposition of Fines and Forfeitures
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Collins, seconded by Commissioner Suffredin, moved that the Proposed Resolution be referred to the Committee on Finance. (Comm. No. 262511). The motion carried unanimously.
FISCAL YEAR 2002 ACTUARIAL REPORT
ITEM #6
Transmitting a Communication, dated November 18, 2003 from
JOHN L. HIBBETT, Director, Department of Risk Management
The Department of Risk Management respectfully requests permission to present to the Board of Commissioners for their consideration the PriceWaterhouseCoopers fiscal year 2002 actuarial report.
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Commissioner Steele, seconded by Commissioner Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Daley, seconded by Commissioner Moreno, moved that the communication be referred to the Committee on Audit. (Comm. No. 262512). The motion carried unanimously.
PUBLIC TESTIMONY
ITEM #7
Pursuant to Rule 4-30, Rev. Harold E. Bailey, Chairman of the Cook County Board of Corrections, addressed the President and Members of the Cook County Board of Commissioners. Rev. Bailey spoke regarding the appointment of the Director of the Department of Corrections.
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ITEM #8
Pursuant to Rule 4-30, Howard B. Brookins, Sr., Former State Senator and Vice Chairman of the Cook County Board of Corrections, addressed the President and Members of the Cook County Board of Commissioners. Mr. Brookins spoke regarding the appointment of the Director of the Department of Corrections.
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ITEM #9
Pursuant to Rule 4-30, Frederick D. Sengstacke, a Member of the Cook County Board of Corrections, submitted a Record of Appearance before the President and Members of the Cook County Board of Commissioners.
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ITEM #10
Pursuant to Rule 4-30, R. Eugene Pincham, Former Judge, representing Cook County Citizen Eddie Read, addressed the President and Members of the Cook County Board of Commissioners. Mr. Pincham spoke regarding the appointment of the Director of the Department of Corrections.
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ITEM #11
Pursuant to Rule 4-30, William H. Hooks, Attorney, Hooks Law Offices, P.C., addressed the President and Members of the Cook County Board of Commissioners. Mr. Hooks spoke regarding the appointment of the Director of the Department of Corrections.
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ITEM #12
Pursuant to Rule 4-30, Zelda Whitler, Undersheriff of Cook County, addressed the President and Members of the Cook County Board of Commissioners. Ms. Whitler spoke regarding the appointment of the Director of the Department of Corrections.
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ITEM #13
Pursuant to Rule 4-30, George Blakemore, addressed the President and Members of the Cook County Board of Commissioners. Mr. Blakemore spoke concerning several issues regarding Cook County.