PUBLIC EMPLOYEE BENEFITS-TECH
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SB 789 — PUBLIC EMPLOYEE BENEFITS-TECH
Last action — Public Act . . . . . . . . . 94-1046
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 18, 2005. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Pension Code. Makes a technical change in a Section concerning the Cook County Forest Preserve District.
Bill Text
What changed in the latest version
307 added · 368 removedPlain-language change summary
The recent amendments to Bill SB 789 include the addition of a section that clarifies which municipalities and their instrumentalities are included under specific regulations based on population criteria. This change specifically exempts municipalities with more than 1,000,000 inhabitants, while defining the inclusion criteria for smaller municipalities. This matters because it ensures that smaller municipalities have clear guidelines and responsibilities regarding participation, which can help them better understand their roles and obligations. Additionally, it establishes a duty for the governing board to notify affected municipalities after census publications, promoting transparency and informed governance.
SB0789 EngrossedEnrolled LRB094 04426 AMC 34455 b AN ACT concerning public employee benefits.
The Illinois Pension Code is amended by changing Sections 7-109.3 and 7-132 and adding Section 7-109.47-132 as follows:
(40 ILCS 5/7-109.3) (from Ch.
108 1/2, par.
7-109.3) Sec.
7-109.3.
"Sheriff’s Law Enforcement Employees".
(a) "Sheriff’s law enforcement employee" or "SLEP" means:
(1) A county sheriff and all deputies, other than special deputies, employed on a full time basis in the office of the sheriff.
(2) A person who has elected to participate in this Fund under Section 3-109.1 of this Code, and who is employed by a participating municipality to perform police duties.
(3) A law enforcement officer employed on a full time basis by a Forest Preserve District, provided that such officer shall be deemed a "sheriff’s law enforcement employee" for the purposes of this Article, and service in that capacity shall be deemed to be service as a sheriff’s law enforcement employee, only if the board of commissioners of the District have so elected by adoption of an affirmative resolution.
Such election, once made, may not be rescinded.
(4) A person not eligible to participate in a fund established under Article 3 of this Code who is employed on a full-time basis by a participating municipality or participating instrumentality to perform police duties at an airport, but only if the governing authority of the employer has approved sheriff’s law enforcement employee status for its airport police employees by adoption of an SB0789 Engrossed - 2 - LRB094 04426 AMC 34455 b affirmative resolution.
Such approval, once given, may not be rescinded.
(5) An elected or appointed coroner who has elected to participate in this Fund as a sheriff’s law enforcement employee under Section 3-109.4.
(b) An employee who is a sheriff’s law enforcement employee and is granted military leave or authorized leave of absence shall receive service credit in that capacity.
Sheriff’s law enforcement employees shall not be entitled to out-of-State service credit under Section 7-139.
(Source:
P.A.
92-16, eff.
6-28-01.) (40 ILCS 5/7-109.4 new) Sec.
7-109.4.
SLEP credit for coroner.
(a) An elected or appointed coroner who participates in the Fund may elect to participate as a sheriff’s law enforcement employee.
(b) An elected or appointed coroner who has elected to participate in the Fund as a sheriff’s law enforcement employee may have his or her service as a coroner prior to the date of that election deemed service as a sheriff’s law enforcement employee by paying to the Fund the additional contribution required under Section 7-173.1, plus interest thereon at the effective rate from the date of the service to the date of payment.
SB0789 Engrossed - 3 - LRB094 04426 AMC 34455 b (1) Except as to the municipalities and instrumentalities thereof specifically excluded under this Article, every county shall be subject to this Article, and all cities, villages and incorporated towns having a population in excess of 5,000 inhabitants as determined by the last preceding decennial or subsequent federal census, shall be subject to this Article following publication of the census by the Bureau of the Census.
However, for any city, village or incorporated town that attains a population over 5,000 inhabitants after SB0789 Enrolled - 2 - LRB094 04426 AMC 34455 b having provided social security coverage for its employees under the Social Security Enabling Act, participation under this Article shall not be mandatory but may be elected in accordance with subparagraph (3) or (4) of this paragraph (a), whichever is applicable.
(4) Any other municipality (together with its instrumentalities), other than those specifically excluded from participation and those described in paragraph (3) above, may elect to be included either by referendum under SB0789 Engrossed - 4 - LRB094 04426 AMC 34455 b Section 7-134 or by the adoption of a resolution or ordinance by its governing body.
(c) A participating municipality which succeeds to the SB0789 Enrolled - 3 - LRB094 04426 AMC 34455 b functions of a participating municipality which is dissolved or terminates its existence shall assume and be transferred the net accumulation balance in the municipality reserve and the municipality account receivable balance of the terminated municipality.
(1) an application to participate, in a form acceptable SB0789 Engrossed - 5 - LRB094 04426 AMC 34455 b to the Board and adopted by a two-thirds vote of the governing body, is presented to the Board not later than 90 days prior to the proposed effective date;
(b) The following participating instrumentalities, so long as they meet the requirements of Section 7-108 and the area SB0789 Enrolled - 4 - LRB094 04426 AMC 34455 b served by them or within their jurisdiction is not located entirely within a municipality having more than one million inhabitants, may be included hereunder:
Regional Planning Commissions created under SB0789 Engrossed - 6 - LRB094 04426 AMC 34455 b Division 5-14 of the Counties Code or its predecessor law.
Drainage Districts operating under the Illinois SB0789 Enrolled - 5 - LRB094 04426 AMC 34455 b Drainage Code.
The governing body of an entity, other than a vocational education cooperative, created under an intergovernmental cooperative agreement established between participating municipalities under the Intergovernmental Cooperation Act, which by the terms of the agreement is the employer of the persons performing SB0789 Engrossed - 7 - LRB094 04426 AMC 34455 b services under the agreement under the usual common law rules determining the employer-employee relationship.
SB0789 Enrolled - 6 - LRB094 04426 AMC 34455 b xxiv.
Notwithstanding subdivision (a)1 of Section 7-139, on the effective date of SB0789 Engrossed - 8 - LRB094 04426 AMC 34455 b participation, employees of the governing board of the Special Education District of Lake County shall receive creditable service for their prior service with that employer, up to a maximum of 5 years, without any employee contribution.
The governing board of a special education joint agreement SB0789 Enrolled - 7 - LRB094 04426 AMC 34455 b created under Section 10-22.31 of the School Code for which an administrative district has been designated, if there are employees of the cooperative educational entity who are not employees of the administrative district, may elect to participate in the Fund and be included within this Article as a participating instrumentality, subject to such application procedures and rules as the Board may prescribe.
The governing board of a special education joint agreement entered into after June 30, 1984 and prior to September 17, 1985 which provides for representation on the governing board by less than all the participating districts shall be included within and subject to this Article as a participating SB0789 Engrossed - 9 - LRB094 04426 AMC 34455 b instrumentality.
The payments shall be allocated among the several school districts in proportion to the number of students in average daily attendance for the last full school year for each district in relation to the SB0789 Enrolled - 8 - LRB094 04426 AMC 34455 b total number of students in average attendance for such period for all districts served.
However, the governing board of any such special recreation joint agreement in effect before January 1, 1980 shall not be subject to this Article unless the joint agreement is modified, by the districts and municipalities which are parties to the agreement, to provide SB0789 Engrossed - 10 - LRB094 04426 AMC 34455 b that the governing board is subject to this Article.
Show all 48 changed lines (8 more)
(f) The Illinois Medical District Commission created under the Illinois Medical District Act may be included within and subject to this Article as a participating instrumentality, SB0789 Enrolled - 9 - LRB094 04426 AMC 34455 b notwithstanding that the location of the District is entirely within the City of Chicago.
7-21-04.) SB0789 Engrossed - 11 - LRB094 04426 AMC 34455 b Section 90.99.
The State Mandates Act is amended by adding Section 8.30 as follows:
(30 ILCS 805/8.30 new) Sec.
8.30.
Exempt mandate.
Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.
Section 99.
Show all 48 changed rows (8 more)
Action History
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Public Act . . . . . . . . . 94-1046
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Effective Date July 24, 2006
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Committee Amendment No. 1 Senate Concurs 036-019-001
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Added as Chief Co-Sponsor Sen. Rickey R. Hendon
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House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 007-004-000
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House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive
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House Committee Amendment No. 1 Motion to Concur Referred to Rules
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. James A. DeLeo
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Placed on Calendar Order of Concurrence House Amendment(s) 01
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Secretary's Desk - Concurrence House Amendment(s) 01
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Third Reading - Short Debate - Passed 109-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Personnel and Pensions Committee; 005-000-000
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House Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; 005-000-000
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House Committee Amendment No. 1 Filed with Clerk by Personnel and Pensions Committee
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Motion to Suspend Rule 25 - Prevailed
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Alternate Chief Co-Sponsor Removed Rep. Angelo Saviano
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Alternate Chief Co-Sponsor Removed Rep. Michael P. McAuliffe
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Alternate Chief Sponsor Changed to Rep. Arthur L. Turner
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Alternate Chief Co-Sponsor Removed Rep. Dan Brady
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Assigned to Personnel and Pensions Committee
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Final Action Deadline Extended-9(b) May 5, 2006
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Added Alternate Chief Co-Sponsor Rep. Angelo Saviano
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Added Alternate Chief Co-Sponsor Rep. Michael P. McAuliffe
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Referred to Rules Committee
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First Reading
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Added Alternate Chief Co-Sponsor Rep. Dan Brady
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Chief House Sponsor Rep. Kurt M. Granberg
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Placed on Calendar Order of First Reading
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Arrived in House
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Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
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Third Reading - Passed; 057-000-001
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 3 Adopted; Hendon
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Senate Floor Amendment No. 1 Adopted; DeLeo
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Recalled to Second Reading
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Senate Floor Amendment No. 3 Recommend Do Adopt Pensions & Investments; 006-000-001
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Senate Floor Amendment No. 3 Rules Refers to Pensions & Investments
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Senate Floor Amendment No. 3 Referred to Rules
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Senate Floor Amendment No. 3 Filed with Secretary by Sen. Rickey R. Hendon
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Senate Floor Amendment No. 2 Postponed - Pensions & Investments
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Senate Floor Amendment No. 2 Rules Refers to Pensions & Investments
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Added as Co-Sponsor Sen. Edward D. Maloney
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Senate Floor Amendment No. 2 Referred to Rules
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Rickey R. Hendon
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Added as Co-Sponsor Sen. Antonio Munoz
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Senate Floor Amendment No. 1 Recommend Do Adopt Pensions & Investments; 009-000-000
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Senate Floor Amendment No. 1 Rules Refers to Pensions & Investments
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Added as Chief Co-Sponsor Sen. John J. Millner
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Senate Floor Amendment No. 1 Referred to Rules
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. James A. DeLeo
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Chief Sponsor Changed to Sen. James A. DeLeo
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Sponsor Removed Sen. Emil Jones, Jr.
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Placed on Calendar Order of 3rd Reading February 24, 2006
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Approved for Consideration Rules
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Rule 2-10 Third Reading Deadline Extended to January 9, 2007
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Pursuant to Senate Rule 3-9(b) / Referred to Rules
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Rule 2-10 Third Reading Deadline Extended to December 31, 2005
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Placed on Calendar Order of 3rd Reading ** April 13, 2005
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Placed on Calendar Order of 3rd Reading March 16, 2005
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Second Reading
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Pension Note Filed from the Commission on Government Forecasting and Accountability.
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Placed on Calendar Order of 2nd Reading March 10, 2005
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Do Pass Pensions & Investments; 006-003-000
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Assigned to Pensions & Investments
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Referred to Rules
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First Reading
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Chief Co-Sponsor Sen. Emil Jones, Jr.
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Filed with Secretary by Sen. Iris Y. Martinez
Sponsors
- James A. DeLeo · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No
Sponsors (0)
None.
Co-sponsors (1)
- James A. DeLeo
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 18 | 0 | 3 |
| Democrat | 4 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 36 | 19 | 0 | 4 |
| % of votes cast | 61% | 32% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Lauzen | — | Nay |
| Maloney | — | Yea |
| Althoff | — | Not Voting |
| Martinez | — | Yea |
| Axley | — | Yea |
| Bomke | — | Nay |
| Burzynski | — | Nay |
| Cronin | — | Nay |
| Halvorson | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Nay |
| Meeks | — | Yea |
| Millner | — | Yea |
| Pankau | — | Nay |
| Munoz | — | Yea |
| Peterson | — | Nay |
| Radogno | — | Yea |
| Sullivan | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Jacobs | — | Yea |
| Sieben | — | Nay |
| Cullerton | — | Yea |
| Silverstein | — | Yea |
| Demuzio | — | Yea |
| Trotter | — | Yea |
| Brady | — | Nay |
| Viverito | — | Yea |
| Petka | — | Nay |
| Wilhelmi | — | Yea |
| Jones, J. | — | Nay |
| Watson | — | Nay |
| Jones, W. | — | Nay |
| Winkel | — | Nay |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Not Voting |
| Forby | — | Yea |
| Garrett | — | Yea |
| Geo-Karis | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Not Voting |
| Righter | — | Nay |
| Risinger | — | Nay |
| Ronen | — | Yea |
| Roskam | — | Nay |
| Rutherford | — | Nay |
| del Valle | — | Yea |
| Don Harmon | Democrat | Not Voting |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 9 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 109 | 0 | 0 | 9 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Schock | — | Yea |
| Sommer | — | Not Voting |
| Lang | — | Yea |
| Acevedo | — | Yea |
| Bassi | — | Yea |
| Mathias | — | Not Voting |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Not Voting |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Not Voting |
| Myers | — | Yea |
| Holbrook | — | Yea |
| Jefferson | — | Yea |
| Jenisch | — | Yea |
| Krause | — | Yea |
| Lindner | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Scully | — | Yea |
| Soto | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Burke | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Golar | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Mitchell, Jerry | — | Yea |
| Leitch | — | Not Voting |
| Madigan | — | Yea |
| Sullivan | — | Yea |
| Hannig | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| Mulligan | — | Yea |
| Munson | — | Yea |
| Howard | — | Yea |
| Nekritz | — | Yea |
| Osmond | — | Yea |
| Watson | — | Yea |
| Parke | — | Yea |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Davis, Monique | — | Yea |
| Tenhouse | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Jones | — | Not Voting |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Chavez | — | Yea |
| Churchill | — | Not Voting |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Daniels | — | Yea |
| Flider | — | Not Voting |
| Hamos | — | Yea |
| Hassert | — | Yea |
| Hultgren | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Osterman | — | Yea |
| Patterson | — | Not Voting |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reis | — | Yea |
| Ryg | — | Yea |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 57 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Axley | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Yea |
| Forby | — | Yea |
| Haine | — | Yea |
| Halvorson | — | Yea |
| Dahl | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Radogno | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Sieben | — | Yea |
| Silverstein | — | Yea |
| Brady | — | Yea |
| Munoz | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Viverito | — | Yea |
| Petka | — | Yea |
| Jacobs | — | Yea |
| Jones, J. | — | Yea |
| Cullerton | — | Yea |
| Watson | — | Yea |
| Jones, W. | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Garrett | — | Yea |
| Geo-Karis | — | Yea |
| Hendon | — | Yea |
| Lauzen | — | Yea |
| Demuzio | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Wilhelmi | — | Yea |
| Winkel | — | Yea |
| Cronin | — | Not Voting |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Pankau | — | Yea |
| Peterson | — | Yea |
| Raoul | — | Yea |
| Rauschenberger | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Yea |
| Rutherford | — | Yea |
| del Valle | — | Yea |
| Don Harmon | Democrat | Not Voting |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 789 do?
- Amends the Illinois Pension Code. Makes a technical change in a Section concerning the Cook County Forest Preserve District.
- Who sponsors SB 789?
- SB 789 is sponsored by James A. DeLeo.
- What is the current status of SB 789?
- This bill has been enacted into law. Introduced February 18, 2005. Enacted.
- Where can I track SB 789?
- Track SB 789 free on One Click Politics — get push/email alerts when it moves.
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